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FIFTY-THIRD DAY


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MORNING SESSION


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Senate Chamber, Olympia, Thursday, February 29, 1996

      The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Finkbeiner, Long, Loveland, Rasmussen, Rinehart and West. On motion of Senator Thibaudeau, Senators Loveland, Rasmussen and Rinehart were excused. On motion of Senator Anderson, Senators Cantu, Finkbeiner, Long and West were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Amber Cook and Megan McKibbins, presented the Colors. Elder James Erlandson of the Reorganized Church of Jesus Christ of Latter-Day Saints of Olympia, offered the prayer.


MOTION


      On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.


MESSAGE FROM THE HOUSE

February 28, 1996

MR. PRESIDENT:

      The Speaker has signed:

      HOUSE BILL NO. 1601,

      HOUSE BILL NO. 2187,

      HOUSE BILL NO. 2322,

      HOUSE BILL NO. 2392,

      HOUSE BILL NO. 2531,

      HOUSE BILL NO. 2691,

      SUBSTITUTE HOUSE BILL NO. 2733,

      HOUSE BILL NO. 2810, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE BILL NO. 1601,

      HOUSE BILL NO. 2187,

      HOUSE BILL NO. 2322,

      HOUSE BILL NO. 2392,

      HOUSE BILL NO. 2531,

      HOUSE BILL NO. 2691,

      SUBSTITUTE HOUSE BILL NO. 2733,

      HOUSE BILL NO. 2810.


MOTION


      On motion of Senator Swecker, the following resolution was adopted:


SENATE RESOLUTION 1996-8698


By Senator Swecker


      WHEREAS, The Washington State Legislature recognizes excellence in all fields of human endeavor; and

      WHEREAS, The members of the Centralia High School Tigers Boys' Basketball Team were named the 1995-96 High School AA-Division Academic State Champions by the Washington Interscholastic Association; and

      WHEREAS, The individuals selected for special recognition as academic state champions have distinguished themselves as exceptional students and as talented athletes, maintaining a grade point average of 3.66; and

      WHEREAS, The Centralia High School Tigers Boys' Basketball Team consisting of Kevin Baird, Ben Danielson, Kyle Donahue, Kyle Fletcher, Dean Hull, Tyler Jeans, Bjorn Johnson, Eric Liseth, David Luond, Scott Peterson, and Ryan Stockdale, earned this honor while also achieving a respected 7-5 league record; and

      WHEREAS, The Centralia High School Tigers, under the leadership of Principal Ethel Clarke, Athletic Director Steve Sorenson, Coach Ron Brown and Assistant Coaches Larry Mollerstuen, Tim Gilmore and Mark Westley, have brought distinction and pride to Centralia High School, its students, its supporters, and the entire community;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and congratulate the 1995-96 Centralia High School Boys' Basketball Team for their hard work, dedication, and maturity in achieving this recognition; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the principal of Centralia High School, the coaching staff and each member of the 1995-96 Centralia High School Basketball Team.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the Centralia High School Boys' Basketball Team and their coaches, who were seated in the gallery.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Sutherland, Gubernatorial Appointment No. 9057, Bob Royer, as a member of the Washington Public Power Supply System Executive Board of Directors, was confirmed.


APPOINTMENT OF BOB ROYER


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 42.

      Excused: Senators Cantu, Finkbeiner, Long, Loveland, Rasmussen, Rinehart and West - 7.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the 1996 Apple Blossom Royalty, the Queen, Jill Vanderhoff, and Princesses Allison Lynn and Sommer Lacy, who were seated on the rostrum. The President also introduced Senator George Sellar who accompanied the royalty to the rostrum.

      With permission of the Senate, business was suspended to permit Queen Jill to address the Senate and to listen to the song performed by the Apple Blossom Queen and the Princesses.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Sutherland, Gubernatorial Appointment No. 9084, Rudolph Bertschi, as a member of the Washington Public Power Supply System Executive Board of Directors, was confirmed.


APPOINTMENT OF RUDOLPH BERTSCHI


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

      Absent: Senator Snyder - 1.

      Excused: Senators Loveland, Rinehart and West - 3.


MOTION


      On motion of Senator Pelz, Gubernatorial Appointment No. 9196, Rachel Garson, as a member of the Lottery Commission, was confirmed.


APPOINTMENT OF RACHEL GARSON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

      Absent: Senator Snyder - 1.

      Excused: Senators Loveland, Rinehart and West - 3.


MOTION


      On motion of Senator Thibaudeau, Senator Snyder was excused.


MOTION


      On motion of Senator Sellar, Gubernatorial Appointment No. 9216, Wilfred Woods, as a member of the Board of Trustees for Central Washington University, was confirmed.

      Senators Sellar and Wojahn spoke to the confirmation of Wilfred Woods as a member of the Board of Trustees for Central Washington University.


APPOINTMENT OF WILFRED WOODS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.

      Absent: Senator Hargrove - 1.

      Excused: Senators Loveland, Rinehart, Snyder and West - 4.


MOTION


      On motion of Senator Hochstatter, Gubernatorial Appointment No. 9218, Frederic L. Glover, as a member of the Board of Trustees for Central Washington University, was confirmed.


APPOINTMENT OF FREDERIC L. GLOVER


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Loveland, Rinehart, Snyder and West - 4.


MOTION


      On motion of Senator Deccio, Gubernatorial Appointment No. 9228, Douglas D. Peters, as a member of the Board of Trustees for Yakima Valley Community College District No. 16, was confirmed.


APPOINTMENT OF DOUGLAS D. PETERS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Loveland, Rinehart and Snyder - 3.


      There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1648 and the pending Committee on Labor, Commerce and Trade amendment on page 3, line 13, deferred February 28, 1996.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Anderson, the President finds that Engrossed Substitute House Bill No. 1648 is a measure which defines certain overpayments of workers' compensation and unemployment insurance benefits and creates a mechanism for those amounts to be deducted from workers' compensation benefits.

      "The Committee on Labor, Commerce and Trade amendment on page 3, line 13, would reduce the amount of the overpayment obligation by a proportion related to the attorney fees, if any, involved in obtaining the industrial insurance award.

      "The President, therefore, finds that the proposed committee amendment does not change the scope and object of the bill and the point of order is not well taken."


      The Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648 was ruled in order.


      The President declared the question before the Senate to be the adoption of the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648.

      Senator Pelz demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648.


ROLL CALL


      The Secretary called the roll and the committee amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 23.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.


NOTICE FOR RECONSIDERATION


      Having voted on the prevailing side, Senator Pelz served notice that he would move to reconsider the vote by which the Committee on Labor, Commerce and Trade amendment on page 3, line 13, to Engrossed Substitute House Bill No. 1648 was not adopted by the Senate.


MOTION


      On motion of Senator Spanel, further consideration of Engrossed Substitute House Bill No. 1648 was deferred.

      There being no objection, the President returned the Senate to the fourth order of business.


MESSAGES FROM THE HOUSE


February 23, 1996

MR. PRESIDENT:

      The House has passed ENGROSSED SENATE BILL NO. 6702, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6615,

      ENGROSSED SENATE BILL NO. 6635,

      ENGROSSED SENATE BILL NO. 6651,

      SUBSTITUTE SENATE BILL NO. 6694,

      SUBSTITUTE SENATE BILL NO. 6748, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6157,

      SUBSTITUTE SENATE BILL NO. 6188,

      SUBSTITUTE SENATE BILL NO. 6198,

      SENATE BILL NO. 6224,

      SENATE BILL NO. 6225,

      SENATE BILL NO. 6233,

      SUBSTITUTE SENATE BILL NO. 6236,

      SUBSTITUTE SENATE BILL NO. 6262,

      SENATE BILL NO. 6302,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6427,

      SENATE BILL NO. 6441,

      SUBSTITUTE SENATE BILL NO. 6466,

      SENATE BILL NO. 6482,

      SUBSTITUTE SENATE BILL NO. 6529,

      SUBSTITUTE SENATE BILL NO. 6572,

      SUBSTITUTE SENATE BILL NO. 6725, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6220,

      SENATE BILL NO. 6226,

      SUBSTITUTE SENATE BILL NO. 6279,

      SENATE BILL NO. 6294,

      SENATE BILL NO. 6305, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 28, 1996

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5050,

      SUBSTITUTE SENATE BILL NO. 5140,

      SUBSTITUTE SENATE BILL NO. 5522,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5605,

      SECOND SUBSTITUTE SENATE BILL NO. 5757,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6093,

      SUBSTITUTE SENATE BILL NO. 6101,

      SUBSTITUTE SENATE BILL NO. 6113,

      SENATE BILL NO. 6115,

      SUBSTITUTE SENATE BILL NO. 6150,

      SENATE BILL NO. 6167,

      SENATE BILL NO. 6181,

      SENATE BILL NO. 6216,

      SUBSTITUTE SENATE BILL NO. 6237,

      SUBSTITUTE SENATE BILL NO. 6263,

      SUBSTITUTE SENATE BILL NO. 6271,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6398,

      SENATE BILL NO. 6414,

      SENATE BILL NO. 6467,

      SUBSTITUTE SENATE BILL NO. 6487,

      SENATE BILL NO. 6489,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6554,

      SUBSTITUTE SENATE BILL NO. 6579,

      ENGROSSED SENATE BILL NO. 6631,

      SENATE JOINT MEMORIAL NO. 8023, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT

      President signed:

      SENATE BILL NO. 6157,

      SUBSTITUTE SENATE BILL NO. 6188,

      SUBSTITUTE SENATE BILL NO. 6198,

      SENATE BILL NO. 6220,

      SENATE BILL NO. 6224,

      SENATE BILL NO. 6225,

      SENATE BILL NO. 6226,

      SENATE BILL NO. 6233,

      SUBSTITUTE SENATE BILL NO. 6236,

      SUBSTITUTE SENATE BILL NO. 6262,

      SUBSTITUTE SENATE BILL NO. 6279,

      SENATE BILL NO. 6294,

      SENATE BILL NO. 6302,

      SENATE BILL NO. 6305,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6427,

      SENATE BILL NO. 6441,

      SUBSTITUTE SENATE BILL NO. 6466,

      SENATE BILL NO. 6482,

      SUBSTITUTE SENATE BILL NO. 6529,

      SUBSTITUTE SENATE BILL NO. 6572,

      SENATE BILL NO. 6615,

      ENGROSSED SENATE BILL NO. 6635,

      ENGROSSED SENATE BILL NO. 6651,

      SUBSTITUTE SENATE BILL NO. 6694,

      ENGROSSED SENATE BILL NO. 6702,

      SUBSTITUTE SENATE BILL NO. 6725,

      SUBSTITUTE SENATE BILL NO. 6748.


MOTION


      At 9:53 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 12:03 p.m. by President Pritchard.


MOTION


      At 12:03 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.


      The Senate was called to order at 1:09 p.m. by President Pritchard.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Prentice, Gubernatorial Appointment No. 9175, Kevin M. Hughes, as a member of the Housing Finance Commission, was confirmed.


MOTIONS


      On motion of Senator Anderson, Senators Cantu, Deccio, McCaslin, Swecker, West and Wood were excused.

      On motion of Senator Thibaudeau, Senators Loveland, Rinehart, Smith and Snyder were excused.


APPOINTMENT OF KEVIN M. HUGHES


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Spanel, Strannigan, Sutherland, Thibaudeau, Winsley, Wojahn and Zarelli - 37.

      Absent: Senators Hale and Owen - 2.

      Excused: Senators Cantu, Deccio, Loveland, McCaslin, Rinehart, Smith, Snyder, Swecker, West and Wood - 10.


MOTION


      On motion of Senator Prentice, Gubernatorial Appointment No. 9177, Ron Forest, as a member of the Housing Finance Commission, was confirmed.


MOTION


      On motion of Senator Anderson, Senator Hale was excused.


APPOINTMENT OF RON FOREST


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Wojahn and Zarelli - 37.

      Absent: Senators Goings and Winsley - 2.

      Excused: Senators Cantu, Deccio, Hale, Loveland, McCaslin, Rinehart, Smith, Snyder, West and Wood - 10.


MOTION


      On motion of Senator Sheldon, Senator Haugen was excused.


SECOND READING


      SENATE BILL NO. 6767, by Senators Rinehart and West

 

Establishing procedures for compensation modifications for state employees under chapter 41.06 RCW.


MOTIONS


      On motion of Senator Drew, Substitute Senate Bill No. 6767 was substituted for Senate Bill No. 6767 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 6767 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6767.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6767 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

      Excused: Senators Cantu, Haugen, Loveland, McCaslin, Rinehart and Snyder - 6.

      SUBSTITUTE SENATE BILL NO. 6767, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6769, by Senators Rinehart, West and Winsley

 

Limiting eligibility for general assistance.


MOTIONS


      On motion of Senator Drew, Substitute Senate Bill No. 6769 was substituted for Senate Bill No. 6769 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6769 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6769.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6769 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

      Excused: Senators Cantu, Haugen, Loveland, McCaslin, Rinehart and Snyder - 6.

      SUBSTITUTE SENATE BILL NO. 6769, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6774, by Senators Drew, Hargrove, Oke, Snyder, Rinehart, Loveland, McDonald, Spanel and Fraser

 

Establishing clear guidelines for the trust land transfer program.


MOTIONS


      On motion of Senator Drew, Substitute Senate Bill No. 6774 was substituted for Senate Bill No. 6774 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Wojahn, the following amendments by Senators Wojahn, Rasmussen, Drew, Oke and Franklin were considered simultaneously and were adopted:

      On page 1, beginning on line 5, after "for the trust land transfer program" insert ", including transfers of land held in trust for charitable, educational, penal, and reformatory purposes"

      On page 4, line 20, after "8." insert "(1)"

      On page 4, after line 25, insert the following:

      "(2) The approximately five hundred seventy-five acres of the greater Western state hospital campus not a part of the central institutional campus shall be managed as a part of the charitable, educational, penal, and reformatory institution account. No transfer of any or all of such property shall be accomplished except in compliance with the procedures of this chapter, and specific submittal to the legislature as required by this section."


MOTIONS


      On motion of Senator Drew, the following amendments by Senators Drew and Hargrove were considered simultaneously and were adopted:

      On page 1, line 7, after "into the" strike "public" and insert "common"

      On page 1, line 8, after "construction" insert "revolving"

      On page 1, line 16, after "into the" strike all material through "replacement" and insert "common school construction revolving"

      On motion of Senator Drew, the following amendment by Senators Drew and Hargrove was adopted:

      On page 2, beginning on line 19, after "(a)" strike all material through "considerations" on line 20, and insert "That the cumulative financial costs of harvesting exceed the projected full stumpage of the timber"


MOTION


      On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 6774 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6774.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6774 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 5; Absent, 0; Excused, 4.

      Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40.

      Voting nay: Senators Anderson, A., Morton, Newhouse, Prince and Schow - 5.

      Excused: Senators Haugen, Loveland, McCaslin and Rinehart - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6774, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6776, by Senators Owen and Prince

 

Authorizing emergency grants to flood-damaged short-line or light-density railroads.


      The bill was read the second time.

MOTIONS


      On motion of Senator Owen, the following Committee on Transportation amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that damage to light-density rail lines caused by recent flooding threatens public safety and the economic survival of several rail lines in the state. Therefore, the legislature intends to make an emergency exception to its policy of providing only loans to privately held rail lines. It is the further intent of the legislature that once the damages caused by the recent flooding have been sufficiently mitigated to restore these rail lines to safe operation, this emergency exception expires.

      Sec. 2. RCW 47.76.250 and 1995 c 380 s 6 are each amended to read as follows:

      (1) The essential rail assistance account is created in the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section.

      (2) Moneys appropriated from the account to the department of transportation may be used by the department or distributed by the department to cities, county rail districts, counties, economic development councils, and port districts for the purpose of:

      (a) Acquiring, rebuilding, rehabilitating, or improving rail lines;

      (b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service;

      (c) Constructing railroad improvements to mitigate port access or mainline congestion;

      (d) Construction of loading facilities to increase business on light density lines or to mitigate the impacts of abandonment;

      (e) Preservation, including operation, of light density lines, as identified by the Washington state department of transportation, in compliance with this chapter; or

      (f) Preserving rail corridors for future rail purposes by purchase of rights of way. The department shall first pursue transportation enhancement program funds, available under the federal surface transportation program, to the greatest extent practicable to preserve rail corridors. Purchase of rights of way may include track, bridges, and associated elements, and must meet the following criteria:

      (i) The right of way has been identified and evaluated in the state rail plan prepared under this chapter;

      (ii) The right of way may be or has been abandoned; and

      (iii) The right of way has potential for future rail service.

      (3) The department or the participating local jurisdiction is responsible for maintaining any right of way acquired under this chapter, including provisions for drainage management, fire and weed control, and liability associated with ownership.

      (4) Nothing in this section impairs the reversionary rights of abutting landowners, if any, without just compensation.

      (5) The department, cities, county rail districts, counties, and port districts may grant franchises to private railroads for the right to operate on lines acquired under this chapter.

      (6) The department, cities, county rail districts, counties, and port districts may grant trackage rights over rail lines acquired under this chapter.

      (7) If rail lines or rail rights of way are used by county rail districts, port districts, state agencies, or other public agencies for the purposes of rail operations and are later abandoned, the rail lines or rail rights of way cannot be used for any other purposes without the consent of the underlying fee title holder or reversionary rights holder, or until compensation has been made to the underlying fee title holder or reversionary rights holder.

      (8) The department of transportation shall develop criteria for prioritizing freight rail projects that meet the minimum eligibility requirements for state assistance under RCW 47.76.240. The department shall develop criteria in consultation with the Washington state freight rail policy advisory committee. Project criteria should consider the level of local financial commitment to the project as well as cost/benefit ratio. Counties, local communities, railroads, shippers, and others who benefit from the project should participate financially to the greatest ((extend [extent])) extent practicable.

      (9) Moneys received by the department from franchise fees, trackage rights fees, and loan payments shall be redeposited in the essential rail assistance account. Repayment of loans made under this section shall occur within a period not longer than fifteen years, as set by the department. The repayment schedule and rate of interest, if any, shall be determined before the distribution of the moneys.

      (10) The state shall maintain a contingent interest in any equipment, property, rail line, or facility that has outstanding grants or loans. The owner may not use the line as collateral, remove track, bridges, or associated elements for salvage, or use it in any other manner subordinating the state's interest without permission from the department.

      (11) Moneys distributed under this chapter should be provided as loans wherever practicable. Except as provided by section 3 of this act, for improvements on or to privately owned railroads, railroad property, or other private property, moneys distributed shall be provided solely as loans.

      NEW SECTION. Sec. 3. The department of transportation may, for the period ending December 31, 1996, provide financial grants to short-line or light-density railroads to repair damages and to restore lines disrupted by storms and subsequent floods that occurred in February 1996.

      NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      On motion of Senator Owen, the following title amendment was adopted:

      On line 2 of the title, after "railroads;" strike the remainder of the title and insert "amending RCW 47.76.250; creating new sections; and declaring an emergency."


MOTION


      On motion of Senator Owen, the rules were suspended, Engrossed Senate Bill No. 6776 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Anderson, Senator Johnson was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6776.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6776 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Excused: Senators Haugen, Johnson, Loveland and Rinehart - 4.

      ENGROSSED SENATE BILL NO. 6776, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED FOURTH SUBSTITUTE HOUSE BILL NO. 1481, by House Committee on Appropriations (originally sponsored by Representatives Cooke, Lambert, Mielke, Van Luven, Elliot, Schoesler, D. Schmidt, Sherstad, Huff, Buck, Clements, McMorris, Johnson, Blanton, Hickel, Boldt, Backlund, Mulliken, Robertson, Goldsmith, L. Thomas, McMahan, Talcott, Cairnes, Thompson, Beeksma, Benton, Foreman, Sehlin, Sheahan and Mitchell)

 

Requiring AFDC contracts and making additional changes in public assistance laws.


      The bill was read the second time.


MOTIONS


      Senator Quigley moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:


"MAKING WELFARE WORK


      NEW SECTION. Sec. 1. INTENT. The legislature finds that it is important for the well-being of society, and for the families receiving aid to families with dependent children, that the provision of welfare from the public treasury reflect the values of mainstream American culture, specifically the importance of work, responsibility, and accountability for individual actions, and the value of the marriage commitment to each member of the family, including the children.

      Therefore, it is the public policy of the state of Washington, through its aid to families with dependent children or applicant for assistance programs, to require every able-bodied citizen on aid to families with dependent children or applicant for assistance to engage in paid or unpaid employment or engage in short-term training directed towards employment, to require accountability of all parents, and to discourage teen pregnancy by unwed parents as an action that is destructive to society.


PART I. TARGET GROUPS


      NEW SECTION. Sec. 101. A new section is added to chapter 74.12 RCW to read as follows:

      TARGET GROUP CONTRACTS. The department shall assess each applicant approved for assistance, and, within twelve months of the effective date of this section, all recipients based upon age, employment history, and condition of disability, and shall target assistance based upon factors set forth in chapter . . ., Laws of 1996 (this act). The department shall include, as part of the information required of the individual assessed, the number of hours of paid employment performed in the twelve months before applying for assistance and the hourly rate of pay. The department shall use this information in order to select the appropriate target group for the individual assessed.


A. JOB-READY TARGET GROUP


      NEW SECTION. Sec. 102. A new section is added to chapter 74.12 RCW to read as follows:

      JOB-READY TARGET GROUP. All applicants approved for assistance who are age eighteen or older and whose recent work experience was at the hourly rate of six dollars and fifty cents or more shall be entitled to grant assistance if they engage in an intensive self-determined job search, and shall be given referrals to appropriate state and local job search resources. All applicants for aid to families with dependent children-employable, and within twelve months all recipients of aid to families with the dependent children-employable, shall be included in the job-ready target group. Recipients in this target group shall inform the department when they become employed, and shall be eligible for a period of child care and medical benefits. They shall not be eligible for participation in welfare-to-work pilot projects. It is the intent of the legislature to refrain from excess expenditures on this group of aid to families with dependent children recipients, as studies have demonstrated that job-ready individuals leave aid to families with dependent children programs quickly with minimal public help. Assessment and administrative costs shall be kept to a minimal level for this target group. Any recipients in this group who do not have paid employment within six months of beginning to receive benefits shall contract for participation in the job preparation target group as a condition of continued benefit receipt.


B. JOB PREPARATION TARGET GROUP


      NEW SECTION. Sec. 103. A new section is added to chapter 74.12 RCW to read as follows:

      JOB PREPARATION TARGET GROUP. All applicants approved for assistance and, within twelve months of the effective date of this section, all recipients, who are age eighteen or older and do not meet the qualifications for participation in the job-ready target group or who have been in the job-ready target group for six months without obtaining employment, shall contract with the department for participation in at least one of the alternate welfare-to-work programs provided for the job preparation target group. This group shall be required, as a condition of benefit receipt, to enroll in at least one of the following:

      (1) The tax incentive partnership program under chapters 74.-- and 82.-- RCW (sections 206 through 208 and 203 through 205 of this act, respectively);

      (2) Any available public or approved private welfare-to-work program, under contract with the department; or

      (3) The job opportunities and basic skills training program.


C. TEEN PARENT TARGET GROUP


      NEW SECTION. Sec. 104. A new section is added to chapter 74.12 RCW to read as follows:

      TEEN PARENT TARGET GROUP. All applicants under the age of eighteen years who are approved for assistance and, within twelve months of the effective date of this section, all recipients who are under the age of eighteen and are unmarried shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma or a GED, and live in a supervised setting, as provided in RCW 74.12.255 or section 301 of this act. Applicants under the age of eighteen years are not subject to the sixty-month limitation in section 401 of this act.

      Sec. 105. RCW 74.12.255 and 1994 c 299 s 33 are each amended to read as follows:

      (1) The department shall determine, after consideration of all relevant factors and in consultation with the applicant approved for assistance, and within twelve months of the effective date of this section in consultation with the recipient, the most appropriate living situation for ((applicants)) those under eighteen years of age, unmarried, and either pregnant or having a dependent child in the applicant's or recipient's care. Appropriate living ((situations shall include a)) situation means the place of residence maintained by the approved applicant's, and within twelve months of the effective date of this section, the recipient's parent, legal guardian, or other adult relative as their own home, or ((other)) if the department determines that living situation to be abusive or neglectful under chapter 26.44 RCW, another appropriate supportive living arrangement supervised by an adult ((where feasible)), with first preference to an approved group home where available, and consistent with federal regulations ((under 45 C.F.R. chapter II, section 233.107)).

      (2) An applicant approved for assistance, and within twelve months of the effective date of this section, a recipient, under eighteen years of age who is either pregnant or has a dependent child ((and is not living in a situation described in subsection (1) of this section)) shall be presumed to be unable to manage adequately the funds paid on behalf of the dependent child and((, unless the teenage custodial parent demonstrates otherwise,)) shall be subject to the protective payee requirements provided for under RCW 74.12.250 and 74.08.280.

      (3) The department shall consider any statements or opinions by either parent of the teen ((recipient)) as to an appropriate living situation for the teen, whether in the parental home or other situation. If the parents of the teen ((head of household applicant for assistance)) request, they shall be entitled to a hearing in juvenile court regarding the fitness and suitability of their home as the top priority choice for the pregnant or parenting teen ((applicant for assistance)).

      The parents of the teen shall have the opportunity to make a showing, based on the preponderance of the evidence, that ((the parental)) their home is the most appropriate living situation.

      (4) To encourage adoption, in cases in which the ((head of household)) teen parent is under eighteen years of age((,)) and unmarried, ((unemployed, and requests information on adoption,)) the department shall((, as part of the determination of the appropriate living situation,)) provide information about adoption including referral to community-based organizations for counseling.

      (5) As a condition of receiving aid to families with dependent children, an unmarried pregnant or parenting applicant approved for assistance and, within twelve months of the effective date of this section, an unmarried pregnant or parenting recipient under the age of eighteen shall be required to reside in an appropriate living situation as determined according to this section and to actively progress toward a high school diploma or a GED unless certified by a health care provider licensed under chapter 18.71 or 18.83 RCW to be unable to complete such education, whereupon the department shall facilitate his or her application for supplemental security income.


PART II. WELFARE-TO-WORK PROGRAMS

A. GENERAL REQUIREMENTS AND MANDATORY JOBS


      Sec. 201. RCW 74.25.010 and 1994 c 299 s 6 are each amended to read as follows:

      The legislature establishes as state policy the goal of economic self-sufficiency for employable recipients of ((public assistance)) aid to families with dependent children, through employment, training, and education. In furtherance of this policy, the legislature intends to comply with the requirements of the federal social security act, as amended, by creating a job opportunities and basic skills training program for applicants and recipients of aid to families with dependent children. ((The purpose of this program is to provide recipients of aid to families with dependent children the opportunity to obtain appropriate education, training, skills, and supportive services, including child care, consistent with their needs, that will help them enter or reenter gainful employment, thereby avoiding long-term welfare dependence and achieving economic self-sufficiency.)) The job opportunities and basic skills training program shall provide employment and training and education support services to assist recipients under chapter 74.04 RCW to obtain employment. The program shall be operated by the department of social and health services in conformance with federal law ((and consistent with the following legislative findings:)).

      (1) The legislature finds that the well-being of children depends ((not only on meeting their material needs, but also)) on the ability of parents to become economically self-sufficient. It is in this way that the material needs of children can best be met. The job opportunities and basic skills training program is specifically directed at increasing the labor force participation and household earnings of aid to families with dependent children recipients, through the removal of barriers preventing them from achieving self-sufficiency. ((These barriers include, but are not limited to, the lack of recent work experience, supportive services such as affordable and reliable child care, adequate transportation, appropriate counseling, and necessary job-related tools, equipment, books, clothing, and supplies, the absence of basic literacy skills, the lack of educational attainment sufficient to meet labor market demands for career employees, and the nonavailability of useful labor market assessments.))

      (2) The legislature ((also)) recognizes that aid to families with dependent children recipients ((must be acknowledged as active)) are participants in self-sufficiency planning under the program. The legislature finds that the department of social and health services should clearly communicate ((concepts of the importance)) a requirement of work and how performance and effort directly affect future career and educational opportunities and economic well-being, as well as personal empowerment, self-motivation, and self-esteem to program participants. The legislature further recognizes that informed choice is consistent with individual responsibility, and that parents should be given a range of options for available child care while participating in the program.

      (3) The legislature finds that current work experience is one of the most important factors influencing an individual's ability to work toward financial stability and an adequate standard of living in the long term, and that work experience should be the most important component of the program.

      (4) The legislature finds that education, including, but not limited to, literacy, high school equivalency, vocational, secondary, and postsecondary, is one of the most important tools an individual needs to achieve full independence, and that this should be an important component of the program.

      (5) The legislature further finds that the objectives of this program are to assure that aid to families with dependent children recipients gain experience in the labor force and thereby enhance their long-term ability to achieve financial stability and an adequate standard of living at wages that will meet family needs.

      (6) The legislature finds that a critical component for successful reductions in the aid to families with dependent children caseloads is through employment. Employment opportunities must be increased through public-private partnerships. The department shall work with the private sector to meet market needs, increase employability through on-the-job training opportunities, and develop financial incentives for employers to hire recipients.

      (7) All participants in the job opportunities and basic skills training program shall, within thirty days of approval of assistance for aid to families with dependent children, or in the case of recipients, within thirty days of assessment, sign a written employment development contract of mutual responsibility with the department, or be ineligible for financial assistance from the department until the contract which shall be developed with the full involvement of the participant, is signed.

      (a) The contract shall set forth the responsibilities of and expectations for the program participants and responsibilities and obligation of the department, including services to be provided to the participating family. The contract shall identify specific employment, training, education, community volunteer experiences, including participation in the community volunteer program set forth in section 209 of this act, or support activities that will direct a participant toward gainful employment and eventually self-sufficiency. The contract shall be in a format developed for state-wide use and shall clearly state each of the requirements and responsibilities set forth in section 401 of this act.

      (b) The department shall review the employment development contract of mutual responsibility every six months and assess the participant's progress. Except for sanctions in situations specified in section 401 of this act, the department shall reduce aid to families with dependent children benefits by thirty-three percent every month for which the recipient is found to be out of compliance with the contract.

      (8) Participants in the job preparation target group shall each be limited to the components of their initial contract unless good cause for exception is presented.

      Sec. 202. RCW 74.25.020 and 1993 c 312 s 7 are each amended to read as follows:

      (1) The department of social and health services is authorized to contract with public and private employment and training agencies and other public service entities to provide services prescribed or allowed under the federal social security act, as amended, to carry out the purposes of the jobs training program. The department of social and health services has sole authority and responsibility to carry out the job opportunities and basic skills training program. No contracting entity shall have the authority to review, change, or disapprove any administrative decision, or otherwise substitute its judgment for that of the department of social and health services as to the application of policies and rules adopted by the department of social and health services.

      (2) ((To the extent feasible under federal law, the department of social and health services and all entities contracting with it shall give first priority of service to individuals volunteering for program participation.

      (3) The department of social and health services shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned program component, or failing or refusing to accept or retain employment. These criteria shall include, but not be limited to, the following circumstances: (a) If the individual is a parent or other relative personally providing care for a child under age six years, and the employment would require the individual to work more than twenty hours per week; (b) if child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department of social and health services fails to provide such care; (c) the employment would result in the family of the participant experiencing a net loss of cash income; or (d) circumstances that are beyond the control of the individual's household, either on a short-term or on an ongoing basis.

      (4))) The department of social and health services shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.


B. TAX INCENTIVE PROGRAM


      NEW SECTION. Sec. 203. (1) An employer shall be allowed a credit against tax due under chapter 82.04 or 82.16 RCW of an amount equal to one hundred twenty percent of the payment made by the employer, to a qualified training institution under a training plan for training a qualified employee, subject to the limitations set forth in this section. An employer may not receive a credit for the same amounts under both chapters 82.04 and 82.16 RCW.

      (2) A person claiming the credit shall file an affidavit form prescribed by the department, which shall include the amount of the credit claimed and additional information as the department may require.

      (3)(a) The tax credit in respect to any qualified employee may not in a calendar year exceed:

      (i) The lesser of twelve percent of the qualified employee's gross annual wages or one thousand two hundred dollars in the case of a category 1 qualified employee;

      (ii) The lesser of twenty-four percent of the qualified employee's gross annual wages or two thousand four hundred dollars, in the case of a category 2 qualified employee; or

      (iii) The lesser of thirty-six percent of the qualified employee's gross annual wages or three thousand six hundred dollars in the case of a category 3 qualified employee.

      (b) The department of revenue shall, by December 1, 1997, for calendar year 1998, and by December 1st of each year thereafter for the following year, adjust the payment maximums under this subsection (3) to reflect inflation, using the previous calendar year's limit as the base amount to be adjusted. In making adjustments for inflation, the department shall rely on the Consumer Price Index--Seattle, Washington area for urban wage earners and clerical workers, compiled by the Bureau of Labor Statistics, United States Department of Labor. The department shall publish the new payment maximums which shall become effective January 1st of the year following.

      (4) The credit in respect to any qualified employee may not be taken:

      (a) For more than one year of training in the case of a category 1 qualified employee; or

      (b) For more than two years of training in the case of a category 2 or category 3 qualified employee.

      (5) The credit shall be taken against taxes due for the same calendar year in which the payment is made to the qualified training institution and must be claimed by the due date of the last tax return for the calendar year in which the payment is made to the qualified training institution.

      (6) If the business, firm, or entity having a right to the tax credit is sold, assigned, conveyed, or otherwise transferred, the successor employer shall be allowed the credit. Unless the training plan provides to the contrary, the successor employer shall be allowed tax credits to the same extent as the previous employer.

      (7) Total credits allowed to all employers claiming credits may not exceed four million three hundred thousand for the biennium ending June 30, 1997, and fifteen million dollars in any biennium thereafter.

      (8) This section shall expire December 31, 2004.

      NEW SECTION. Sec. 204. The definitions in this section apply throughout this chapter and sections 206 through 208 of this act, unless the context indicates otherwise.

      (1) "Gross annual wages" means salary, wages, tips, and other compensation paid to a qualified employee paid by an employer claiming the credit under this section during the calendar year for which the credit is claimed.

      (2) "Qualified employee" and "category 1, 2, or 3 qualified employee" means an applicant for or recipient of aid to families with dependent children certified as such by the department of social and health services who is hired before June 30, 2001. "Qualified employee" does not include any person hired by an employer to replace strikers or locked-out workers.

      (3) "Qualified training institution" means a community or technical college, four-year college or university, a private vocational school licensed by the work force training and education coordinating board or approved by the higher education coordinating board, apprenticeship programs recognized by the Washington state apprenticeship and training council, or a private industry council that has entered into a training plan that provides for the training of a qualified employee of a person claiming the credit under this section.

      (4) "Employer" means person or business as defined by RCW 82.04.030.

      (5) "Training plan" means a written agreement, signed by a qualified employee, a union or other employee bargaining representative if the position is covered by a collective bargaining agreement, a qualified training institution, the department of social and health services or a designee of the department, and an employer, which specifies the amount that the employer will pay the qualified training institution for training and related costs for the qualified employee, the learning objectives intended to be achieved by the training, and a statement of progressively increasing scale of wages to be paid to the employee during the training plan period, ending in a wage scale that exceeds federal poverty levels for a family of three.

      NEW SECTION. Sec. 205. Chapter 82.32 RCW applies to the administration of this chapter.

      NEW SECTION. Sec. 206. (1) The tax incentive program is hereby established. The department of social and health services is authorized to enter into training plans. The department of social and health services shall adopt rules for the tax incentive program. The rules shall include, but are not limited to:

      (a) Designation of three categories of eligible aid to families with dependent children recipients from within the job preparation target group in chapter 74.12 RCW. The department of social and health services shall by rule establish criteria for assigning recipients into categories 1, 2, and 3. In establishing the criteria, the department shall consider the degree of work experience, training, wage and employment history, and education, category 1 representing recipients with the highest degree of job readiness.

      (b) Selection criteria that the department can use to establish a pool of prospective aid to families with dependent children participants.

      (c) A restriction on the total number of employees that an employer may have in the program, except that no more than twenty percent of the employers' employees may participate in the program, except businesses with fewer than five employees may have one employee participate.

      (d) A requirement that the employer participate in the earned income tax credit program, assisting each employee to obtain the earned income tax credit monthly.

      (e) Standards regarding length and learning objectives of training plans, requiring the training institution to design the plan length and learning objectives so that it meets accepted training standards for that industry or profession. Training plans may not exceed two years.

      (2) The department of social and health services may contract with a public or private entity to carry out the department's duties under this chapter. The department of social and health services reserves the right to withdraw designation of authority to this entity without showing cause.

      (3) The department of social and health services shall manage the program so that the total amount of credits by all employers claiming tax credits under sections 203 through 205 of this act does not exceed fifteen million dollars in any biennium. The department shall enter into contracts with employers on a first-come, first-serve basis. The department shall maintain an up-to-date tabulation of the potential total amount of all credits that may be claimed during each biennium under all training plans and shall not enter into any additional training plan agreement if to do so would result in such amount exceeding fifteen million dollars during a biennium.

      (4) Employers who agree to accept a one hundred percent tax credit instead of the one hundred twenty percent available under section 203(1) of this act shall be given priority in selection and placement of qualified employees.

      NEW SECTION. Sec. 207. The department of social and health services, the employment security department, the department of community, trade, and economic development, and the community and technical colleges shall cooperate and coordinate among the existing state and federal assistance and training programs to focus the efforts of enrollees and programs to most effectively achieve results from the various programs.

      NEW SECTION. Sec. 208. (1) No training plans may be entered into after June 30, 2001. Contracts in effect on June 30, 2001, shall continue in effect according to the terms of the contract.

      (2) If the program under chapter . . ., Laws of 1996 (this act) is terminated before June 30, 2001, persons eligible for tax credits at the time of program termination under sections 203 through 205 of this act shall receive such credits, subject to the limitations in section 203(7) of this act.



C. COMMUNITY SERVICE


      NEW SECTION. Sec. 209. A new section is added to chapter 74.12 RCW to read as follows:

      COMMUNITY VOLUNTEER PROGRAM. The recipient in a community volunteer program shall locate a community volunteer experience with any willing public or private organization and provide documentation to the department of his or her participation on forms established in rule by the department and signed by the recipient under penalty of perjury. Compliance shall be subject to random checks by the department.


PART III. TEEN PARENT PROGRAM


      NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:

      TEEN GROUP HOMES. (1) The department shall contract with public or private providers to establish teen group homes as an alternative living situation for recipients under eighteen years of age for whom it is unsafe to live with their parent or parents. According to the provisions of RCW 26.44.040, the department shall refer to local prosecution any parental home where abuse or neglect is suspected.

      (2) In teen group homes, the cash grant for each resident teen parent's assistance unit, as well as the food stamp allocation and any other portion of any aid to families with dependent children benefit accruing to the teen recipient shall be pooled, and under the control of the home administrator, for the benefit of the teen parents and their children, and shall not be given directly to the teen parent.

      (3) Each teen parent living in the teen group home shall be given the following case-managed services: Parenting education, maternal and child nutritional education, tutoring to aid in the completion of high school or a GED, money management, anger management, and substance abuse treatment, including treatment for tobacco addiction, where appropriate.

      (4) Teen parents living in teen group homes shall, as a condition of receiving benefits, progress toward completion of educational requirements, help with household tasks at the home, attend and participate in instruction provided for teen parents in residence, and abide by house rules.

      (5) House rules shall be established by each teen group home, and may include a requirement that no unsupervised male visitors be allowed, that a curfew be established, and that an equitable system of shared child care responsibilities be provided to accommodate school and work attendance for teen parents.

      (6) The department shall assure the teen parent and dependents in his or her assistance unit of the following: Adequate housing and nutrition, medical care, tutoring toward completion of educational requirements, and at least the minimal additional instruction and case-managed care as provided for in this section.

PART IV. REQUIREMENTS AND RESPONSIBILITIES


      NEW SECTION. Sec. 401. A new section is added to chapter 74.12 RCW to read as follows:

      (1) At the end of a recipient's welfare-to-work program under a contract entered into under section 103 of this act, which shall not exceed two years, the recipient shall engage in a job search of up to six months. At the end of this job search period, grant assistance shall be reduced by twenty percent every six months. Except as provided in this subsection, a recipient's months on grant assistance may not exceed a lifetime limit of sixty months.

      (a) Time limits shall be tolled in the event of:

      (i) A medically certified temporary illness or disability of the recipient, including temporary mental or physical disability occurring as a result of domestic violence against the recipient;

      (ii) The unavailability of appropriate care for a chronically ill or disabled family member living in the home of the recipient; or

      (iii) If child care is not available for a period of time.

      (b) A recipient may extend full benefits including child care and medical assistance and delay reduction of benefits for a period of an additional two years by participating at least one hundred hours per month in the community volunteer program under section 209 of this act.

      (c) For purposes of calculating the months on grant assistance under this subsection (1), only months on grant assistance after the recipient has reached his or her eighteenth birthday shall be included in the calculation.

      (2) Except where otherwise specified, persons receiving aid to families with dependent children shall be exempt from participation in a job-ready or job preparation target group or a welfare-to-work program:

      (a) If there is a child under three years of age within ten months of application, living in the home;

      (b) For a period of twelve weeks after the birth of any child born more than ten months from the date of application; 

      (c) If the recipient is a caretaker of a dependent child and is disabled, including a learning disability as defined in section 601(1)(f) of this act; or

      (d) If the average state unemployment rate is eight percent or more, as determined by the employment security department. The time limit shall be extended for any six-month period preceded by a fifty-two week moving average unemployment rate of eight percent or more, provided the recipient performs community service during the six months.

      (3) The department, working with the department of revenue, shall encourage employers of recipients to use a month-to-month pass-through of the federal earned income tax credit. The department shall facilitate application for such tax credit in all cases where recipients report earned income.

      (4) To the extent that resources are available, the department shall provide transitional child care for up to twenty-four months, in accordance with federal requirements, to individuals who have completed their welfare-to-work program or obtained employment.

      (5) The department has the responsibility of supplying child care to participants who have contracted for welfare-to-work or other programs under chapter . . ., Laws of 1996 (this act).

      (6) The department shall provide child care assistance to public assistance recipients requesting such assistance, to enable them to participate in employment, or in approved welfare-to-work employment and training programs.

      (7) The department shall provide transitional child care subsidies for a period of twelve months following the last month of grant assistance, for persons who leave public assistance due to earnings or receipt of child support, and, within available funds, upon request of the recipient, an additional twelve-month period.

      (8) The department shall provide, upon request of a low-income worker, and within available funds, employment child care subsidies for low-income workers who do not receive public assistance payments.

      (9) When the participant is no longer eligible for a cash grant due to increased earnings through employment and has exhausted the participant's twelve-month transitional benefit period for medical assistance benefits, the department shall enroll the participant in the basic health plan under chapter 70.47 RCW, pay any unsubsidized portion of the participant's premium, and enroll the participant's eligible children in medical assistance. Regardless of the participant's earned income, state payment of the unsubsidized portion of the participant's premium shall terminate after twelve months.

      (10) The department shall seek any waivers needed from the federal government to implement this section.

      (11) The department shall report to appropriate committees in both houses of the legislature if it discovers that participation in welfare-to-work programs is about to cause clients to be placed on waiting lists for programs or services required under this chapter.

      NEW SECTION. Sec. 402. The time limits on public assistance in section 401 of this act and the general requirements to participate in job search and training in section 201 of this act do not apply in situations where there is no parent residing in the child's home and the child is residing with a relative of specified degree.

PART V. CHILD SUPPORT ENHANCEMENT

A. LICENSE SUSPENSION FOR FAILURE TO PAY CHILD SUPPORT


      NEW SECTION. Sec. 501. The legislature recognizes that the current statutory procedures for the collection of child support do not apply to all persons owing child support. In order to further insure that child support obligations are met, this act establishes a program by which certain licenses may be suspended if a person is one hundred eighty days or more in arrears on child support payments. With this program, it is the intent of the legislature to provide a strong incentive for persons owing support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension.

      In the implementation and management of this program, it is the legislature's intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears, or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.

      NEW SECTION. Sec. 502. A new section is added to chapter 74.20A RCW to read as follows:

      (1) As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

      (a) "Licensing entity" includes any department, board, commission, or other organization of the state authorized by Title 18 RCW to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, or industry, and the Washington state bar association.

      (b) "Noncompliance with a child support order" means a responsible parent has:

      (i) Accumulated arrears totaling more than six months of child support payments;

      (ii) Failed to make payments pursuant to a written agreement with the department towards a support arrearage in an amount that exceeds six months of payments; or

      (iii) Failed to make payments required by a superior court order or administrative order towards a support arrearage in an amount that exceeds six months of payments.

      (c) "License" means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

      (d) "Licensee" means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, or industry.

      (e) "Noncomplying custodial parent" means a parent who has custody of the children in a family where the court has ordered visitation rights for the noncustodial parent, and the custodial parent has not complied with the visitation order.

      (f) "Noncompliance with a visitation order" means the documented failure of a custodial parent to follow the terms of a court-ordered visitation plan.

      (2) Upon notice and motion, a noncustodial parent who has a court-ordered child visitation plan may seek judicial suspension of the driver's business, occupational, or professional licenses cited in sections 509 through 537 of this act, where the licensee is a noncomplying custodial parent.

      (3) The department may serve upon a responsible parent a notice informing the responsible parent of the department's intent to submit the parent's name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order. The department shall attach a copy of the responsible parent's child support order to the notice. Service of the notice must be made by personal service. If, after reasonable diligence, personal service has not been possible, service shall be by certified mail, return receipt requested.

      (4) The notice of noncompliance must include the address and telephone number of the department's division of child support office that issues the notice and must inform the responsible parent that:

      (a) The parent may request an adjudicative proceeding to contest the issue of compliance. The only issues that may be considered at the adjudicative proceeding are whether the parent is required to pay child support under a child support order and whether the parent is in compliance with that order;

      (b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service of the notice;

      (c) If the parent requests an adjudicative proceeding within twenty days of service, the department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order pending entry of a written decision after the adjudicative proceeding;

      (d) If the parent does not request an adjudicative proceeding within twenty days of service and remains in noncompliance with a child support order, the department will certify the parent's name to the department of licensing and any appropriate licensing entity for noncompliance with a child support order;

      (e) The department will stay action to certify the parent to the department of licensing and any licensing entity for noncompliance if the parent agrees to make timely payments of current support and agrees to a reasonable payment schedule for payment of the arrears. It is the parent's responsibility to contact in person or by mail the department's division of child support office indicated on the notice within twenty days of service of the notice to arrange for a payment schedule. The department may stay certification for up to thirty days after contact from a parent to arrange for a payment schedule;

      (f) If the department certifies the responsible parent to the department of licensing and a licensing entity for noncompliance with a child support order, the licensing entity will suspend the parent's license and the department of licensing will suspend any driver's license that the parent holds until the parent provides the department of licensing and the licensing entity with a written release from the department stating that the responsible parent is in compliance with the child support order;

      (g) Suspension of a license will affect insurability if the responsible parent's insurance policy excludes coverage for acts occurring after the suspension of a license;

      (h) If after receiving the notice of noncompliance with a child support order, the responsible parent files a motion to modify support with the court or requests the department to amend a support obligation established by an administrative decision, the department or the court may, for up to one hundred eighty days, stay action to certify the parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification; and

      (i) If the responsible parent subsequently becomes in compliance with the child support order, the department will promptly provide the parent with a written release stating that the parent is in compliance with the order, and the parent may request that the licensing entity or the department of licensing reinstate the suspended license.

      (5) A responsible parent may request an adjudicative proceeding upon service of the notice described in subsection (3) of this section. The request for an adjudicative proceeding must be received by the department within twenty days of service. The request must be in writing and indicate the current mailing address and daytime phone number, if available, of the responsible parent. The proceedings under this subsection shall be conducted in accordance with the requirements of chapter 34.05 RCW. The issues that may be considered at the adjudicative proceeding are limited to whether the responsible parent is required to pay child support under a child support order and whether the responsible parent is in compliance with the order.

      (6) The decision resulting from the adjudicative proceeding must be in writing and inform the responsible parent of all rights to review. The parent's copy of the decision may be sent by regular mail to the parent's most recent address of record.

      (7) If a responsible parent contacts the department's division of child support office indicated on the notice of noncompliance within twenty days of service of the notice and requests arrangement of a payment schedule, the department shall stay the certification of noncompliance during negotiation of the schedule for payment of arrears. In no event shall the stay continue for more than thirty days from the date of contact by the parent. The department shall make good faith efforts to establish a schedule for payment of arrears that is fair and reasonable, and that considers the financial situation of the responsible parent and the needs of all children who rely on the responsible parent for support. At the end of the thirty days, if no payment schedule has been agreed to in writing, the department shall proceed with certification of noncompliance.

      (8) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance, the department may not certify the name of the parent to the department of licensing or a licensing entity for noncompliance with a child support order unless the adjudicative proceeding results in a finding that the responsible parent is not in compliance with the order.

      (9) The department may certify in writing to the department of licensing and any appropriate licensing entity the name of a responsible parent who is not in compliance with a child support order if:

      (a) The responsible parent does not timely request an adjudicative proceeding upon service of a notice issued under subsection (3) of this section and is not in compliance with a child support order twenty-one days after service of the notice;

      (b) An adjudicative proceeding results in a decision that the responsible parent is not in compliance with a child support order;

      (c) The department and the responsible parent have been unable to agree on a fair and reasonable schedule for payment of the arrears; or

      (d) The court enters a judgment on a petition for judicial review that finds the responsible parent is not in compliance with a child support order.

      The department shall send by certified mail, return receipt requested a copy of any certification of noncompliance filed with the department of licensing or a licensing entity to the responsible parent at the responsible parent's most recent address of record.

      (10) The department of licensing and a licensing entity shall notify a responsible parent certified by the department under subsection (9) of this section, without undue delay, that the parent's driver's license or other license has been suspended because the parent's name has been certified by the department as a responsible parent who is not in compliance with a child support order.

      (11) When a responsible parent who is served notice under subsection (3) of this section subsequently complies with the child support order, the department shall promptly provide the parent with a written release stating that the responsible parent is in compliance with the order.

      (12) The department may adopt rules to implement and enforce the requirements of this section.

      (13) Nothing in this section prohibits a responsible parent from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. If there is a reasonable likelihood that the motion or request will significantly change the amount of the arrears, the department or the court may, for up to one hundred eighty days, stay action to certify the responsible parent to the department of licensing and any licensing entity for noncompliance with a child support order. If a motion for modification of a court or administrative order for child support is pending prior to service of the notice, any action to certify the parent to a licensing entity for noncompliance with a child support order shall be automatically stayed until entry of a final order or decision in the modification proceedings. The responsible parent has the obligation to notify the department that a modification proceeding is pending and provide a copy of the motion or request for modification.

      (14) The department of licensing and a licensing entity may issue, renew, reinstate, or otherwise extend a license in accordance with the licensing entity's or the department of licensing's rules after the licensing entity or the department of licensing receives a copy of the written release specified in subsection (11) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.

      NEW SECTION. Sec. 503. A new section is added to chapter 74.20A RCW to read as follows:

      (1) The department of social and health services and all of the various licensing entities subject to section 502 of this act shall enter into such agreements as are necessary to carry out the requirements of the license suspension program established in section 502 of this act, but only to the extent the departments and the licensing entities determine it is cost-effective.

      (2) On or before January 1, 1997, and quarterly thereafter, the department of social and health services and all licensing entities subject to section 502 of this act shall perform a comparison of responsible parents who are not in compliance with a child support order, as defined in section 502 of this act, with all licensees subject to chapter . . ., Laws of 1996 (this act). The comparison may be conducted electronically, or by any other means that is jointly agreeable between the department and the particular licensing entity. The data shared shall be limited to those items necessary to implementation of chapter . . ., Laws of 1996 (this act). The purpose of the comparison shall be to identify current licensees who are not in compliance with a child support order, and to provide to the department of social and health services the following information regarding those licensees:

      (a) Name;

      (b) Date of birth;

      (c) Address of record;

      (d) Federal employer identification number or social security number;

      (e) Type of license;

      (f) Effective date of license or renewal;

      (g) Expiration date of license; and

      (h) Active or inactive status.

      NEW SECTION. Sec. 504. A new section is added to chapter 74.20A RCW to read as follows:

      In furtherance of the public policy of increasing collection of child support and to assist in evaluation of the program established in section 502 of this act, the department shall report the following to the legislature and the governor on December 1, 1997, and annually thereafter:

      (1) The number of responsible parents identified as licensees subject to section 502 of this act;

      (2) The number of responsible parents identified by the department as not in compliance with a child support order;

      (3) The number of notices of noncompliance served upon responsible parents by the department;

      (4) The number of responsible parents served a notice of noncompliance who request an adjudicative proceeding;

      (5) The number of adjudicative proceedings held, and the results of the adjudicative proceedings;

      (6) The number of responsible parents certified to the department of licensing or licensing entities for noncompliance with a child support order, and the type of license the parents held;

      (7) The costs incurred in the implementation and enforcement of section 502 of this act and an estimate of the amount of child support collected due to the departments under section 502 of this act;

      (8) Any other information regarding this program that the department feels will assist in evaluation of the program;

      (9) Recommendations for the addition of specific licenses in the program or exclusion of specific licenses from the program, and reasons for such recommendations; and

      (10) Any recommendations for statutory changes necessary for the cost-effective management of the program.

      Sec. 505. RCW 46.20.291 and 1993 c 501 s 4 are each amended to read as follows:

      The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:

      (1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;

      (2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;

      (3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;

      (4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3); ((or))

      (5) Has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289; ((or))

      (6) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.336; or

      (7) Has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act.

      Sec. 506. RCW 46.20.311 and 1995 c 332 s 11 are each amended to read as follows:

      (1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW, the suspension shall remain in effect until the person provides a written release issued by the department of social and health services stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be fifty dollars.

      (2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

      (3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be fifty dollars.

      NEW SECTION. Sec. 507. A new section is added to chapter 48.22 RCW to read as follows:

      A motor vehicle liability insurance policy that contains any provision excluding insurance coverage for an unlicensed driver shall not apply for ninety days from the date of suspension in the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW.

      NEW SECTION. Sec. 508. A new section is added to chapter 2.48 RCW to read as follows:

      ATTORNEYS. Any member of the Washington state bar association who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act shall be immediately suspended from membership. Membership shall not be reinstated until the person provides the Washington state bar association a written release issued by the department of social and health services stating that the person is in compliance with the order. If the person has continued to meet all other requirements for membership during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the association may impose.

      NEW SECTION. Sec. 509. A new section is added to chapter 18.04 RCW to read as follows:

      ACCOUNTANTS. The board shall immediately suspend the certificate or license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order.

      Sec. 510. RCW 18.04.335 and 1992 c 103 s 13 are each amended to read as follows:

      ACCOUNTANTS. (1) Upon application in writing and after hearing pursuant to notice, the board may:

      (((1))) (a) Modify the suspension of, or reissue a certificate or license to, an individual whose certificate has been revoked or suspended; or

      (((2))) (b) Modify the suspension of, or reissue a license to a firm whose license has been revoked, suspended, or which the board has refused to renew.

      (2) In the case of suspension for failure to comply with a child support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or license shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.

      NEW SECTION. Sec. 511. A new section is added to chapter 18.08 RCW to read as follows:

      ARCHITECTS. The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.

      Sec. 512. RCW 18.11.160 and 1986 c 324 s 12 are each amended to read as follows:

      AUCTIONEERS. (1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

      (2) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:

      (a) Misrepresentation or concealment of material facts in obtaining a license;

      (b) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

      (c) Revocation of a license by another state;

      (d) Misleading or false advertising;

      (e) A pattern of substantial misrepresentations related to auctioneering or auction company business;

      (f) Failure to cooperate with the department in any investigation or disciplinary action;

      (g) Nonpayment of an administrative fine prior to renewal of a license;

      (h) Aiding an unlicensed person to practice as an auctioneer or as an auction company; and

      (i) Any other violations of this chapter.

      (3) The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      NEW SECTION. Sec. 513. A new section is added to chapter 18.16 RCW to read as follows:

      COSMETOLOGISTS, BARBERS, AND MANICURISTS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      NEW SECTION. Sec. 514. A new section is added to chapter 18.20 RCW to read as follows:

      BOARDING HOMES. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      Sec. 515. RCW 18.27.060 and 1983 1st ex.s. c 2 s 19 are each amended to read as follows:

      CONTRACTORS. (1) A certificate of registration shall be valid for one year and shall be renewed on or before the expiration date. The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.

      (2) If the department approves an application, it shall issue a certificate of registration to the applicant. The certificate shall be valid for:

      (a) One year;

      (b) Until the bond expires; or

      (c) Until the insurance expires, whichever comes first. The department shall place the expiration date on the certificate.

      (3) A contractor may supply a short-term bond or insurance policy to bring its registration period to the full one year.

      (4) If a contractor's surety bond or other security has an unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date of the impairment or cancellation. The department shall give notice of the suspension to the contractor.

      (5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act. The certificate of registration shall not be reissued or renewed unless the person provides to the department a written release from the department of social and health services stating that he or she is in compliance with the child support order and the person has continued to meet all other requirements for certification during the suspension.

      NEW SECTION. Sec. 516. A new section is added to chapter 18.28 RCW to read as follows:

      DEBT ADJUSTERS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the licensee is in compliance with the child support order.

      Sec. 517. RCW 18.39.181 and 1986 c 259 s 65 are each amended to read as follows:

      EMBALMERS AND FUNERAL DIRECTORS. The director shall have the following powers and duties:

      (1) To issue all licenses provided for under this chapter;

      (2) To annually renew licenses under this chapter;

      (3) To collect all fees prescribed and required under this chapter; ((and))

      (4) To immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order; and

      (5) To keep general books of record of all official acts, proceedings, and transactions of the department of licensing while acting under this chapter.

      NEW SECTION. Sec. 518. A new section is added to chapter 18.39 RCW to read as follows:

      EMBALMERS AND FUNERAL DIRECTORS. In the case of suspension for failure to comply with a child support order under chapter 74.20A RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of a license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the individual is in compliance with the child support order.

      NEW SECTION. Sec. 519. A new section is added to chapter 18.43 RCW to read as follows:

      ENGINEERS AND LAND SURVEYORS. The board shall immediately suspend the registration of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for membership during the suspension, reissuance of the registration shall be automatic upon the board's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 520. A new section is added to chapter 18.44 RCW to read as follows:

      ESCROW AGENTS. The department shall immediately suspend the certificate of registration of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 521. RCW 18.46.050 and 1991 c 3 s 101 are each amended to read as follows:

      MATERNITY HOMES. The department may deny, suspend, or revoke a license in any case in which it finds that there has been failure or refusal to comply with the requirements established under this chapter or the rules adopted under it.

      The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

      NEW SECTION. Sec. 522. A new section is added to chapter 18.51 RCW to read as follows:

      NURSING HOME OPERATORS. The department shall immediately suspend the license of a person who has been certified pursuant to section 502 of this act by the department of social and health services, division of child support, as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the division of child support stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 523. A new section is added to chapter 18.76 RCW to read as follows:

      POISON CENTER MEDICAL DIRECTOR/POISON INFORMATION SPECIALISTS. The department shall immediately suspend the certification of a poison center medical director or a poison information specialist who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 524. A new section is added to chapter 18.85 RCW to read as follows:

      REAL ESTATE BROKERS AND SALESPERSONS. The director shall immediately suspend the license of a broker or salesperson who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 525. RCW 18.96.120 and 1969 ex.s. c 158 s 12 are each amended to read as follows:

      LANDSCAPE ARCHITECTS. (1) The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds:

      (((1))) (a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

      (((2))) (b) The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.

      (((3))) (c) The holder of the certificate of registration permits his seal to be affixed to any plans, specifications or drawings that were not prepared by him or under his personal supervision by employees subject to his direction and control.

      (((4))) (d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.

      (2) The director shall immediately suspend the certificate of registration of a landscape architect who has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 526. RCW 18.104.110 and 1993 c 387 s 18 are each amended to read as follows:

      WATER WELL CONSTRUCTION. (1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

      (((1))) (a) For fraud or deception in obtaining the license;

      (((2))) (b) For fraud or deception in reporting under RCW 18.104.050;

      (((3))) (c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.

      (2) The director shall immediately suspend any license issued under this chapter if the holder of the license has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      (3) No license shall be suspended for more than six months, except that a suspension under section 502 of this act shall continue until the department receives a written release issued by the department of social and health services stating that the person is in compliance with the order.

      (4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.

      NEW SECTION. Sec. 527. A new section is added to chapter 18.106 RCW to read as follows:

      PLUMBERS. The department shall immediately suspend any certificate of competency issued under this chapter if the holder of the certificate has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 528. A new section is added to chapter 18.130 RCW to read as follows:

      UNIFORM DISCIPLINARY ACT--HEALTH PROFESSIONS. The disciplining authority shall immediately suspend the license of any person subject to this chapter who has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in section 502 of this act.

      Sec. 529. RCW 18.130.050 and 1995 c 336 s 4 are each amended to read as follows:

      UNIFORM DISCIPLINARY ACT--HEALTH PROFESSIONS. The disciplining authority has the following authority:

      (1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this chapter;

      (2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

      (3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

      (4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

      (5) To compel attendance of witnesses at hearings;

      (6) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;

      (7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the disciplining authority;

      (8) To use a presiding officer as authorized in RCW 18.130.095(3) or the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. The disciplining authority shall make the final decision regarding disposition of the license unless the disciplining authority elects to delegate in writing the final decision to the presiding officer;

      (9) To use individual members of the boards to direct investigations. However, the member of the board shall not subsequently participate in the hearing of the case;

      (10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

      (11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are for any authorized purpose subject to monitoring by the disciplining authority;

      (12) To adopt standards of professional conduct or practice;

      (13) To grant or deny license applications, and in the event of a finding of unprofessional conduct by an applicant or license holder, to impose any sanction against a license applicant or license holder provided by this chapter;

      (14) To designate individuals authorized to sign subpoenas and statements of charges;

      (15) To establish panels consisting of three or more members of the board to perform any duty or authority within the board's jurisdiction under this chapter;

      (16) To review and audit the records of licensed health facilities' or services' quality assurance committee decisions in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant to RCW 70.41.200(3);

      (17) To immediately suspend licenses of persons who have been certified by the department of social and health services as not in compliance with a child support order as provided in section 502 of this act.

      Sec. 530. RCW 18.130.150 and 1984 c 279 s 15 are each amended to read as follows:

      UNIFORM DISCIPLINARY ACT--HEALTH PROFESSIONS. A person whose license has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order. The disciplining authority shall hold hearings on the petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW 18.130.160 and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a condition of reinstatement.

      A person whose license has been suspended for noncompliance with a child support order under section 502 of this act may petition for reinstatement at any time by providing the disciplining authority a written release issued by the department of social and health services stating that the person is in compliance with the child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, the disciplining authority shall automatically reissue the person's license upon receipt of the release, and payment of a reinstatement fee, if any.

      NEW SECTION. Sec. 531. A new section is added to chapter 18.140 RCW to read as follows:

      CERTIFIED REAL ESTATE APPRAISERS. The department shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 532. A new section is added to chapter 18.145 RCW to read as follows:

      SHORTHAND REPORTERS. The director shall immediately suspend any certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 533. RCW 18.160.080 and 1990 c 177 s 10 are each amended to read as follows:

      FIRE SPRINKLER SYSTEM CONTRACTORS. (1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:

      (a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;

      (b) Conviction of a felony;

      (c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler systems business;

      (d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;

      (e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or

      (f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.

      (2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.

      (3) The state director of fire protection shall immediately suspend any license or certificate issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      (4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW.

      NEW SECTION. Sec. 534. A new section is added to chapter 18.165 RCW to read as follows:

      PRIVATE DETECTIVES. The department shall immediately suspend a license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 535. A new section is added to chapter 18.170 RCW to read as follows:

      SECURITY GUARDS. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 536. A new section is added to chapter 18.175 RCW to read as follows:

      ATHLETE AGENTS. The director shall immediately suspend a certificate of registration issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      NEW SECTION. Sec. 537. A new section is added to chapter 18.185 RCW to read as follows:

      BAIL BOND AGENTS. The director shall immediately suspend any license issued under this chapter if the holder has been certified pursuant to section 502 of this act by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a written release issued by the department of social and health services stating that the person is in compliance with the child support order.

      Sec. 538. RCW 43.20A.205 and 1989 c 175 s 95 are each amended to read as follows:

      This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department.

      (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other)) another manner that shows proof of receipt.

      (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

      (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

      (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

      (c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

      (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

      (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

      (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

      Sec. 539. RCW 43.70.115 and 1991 c 3 s 377 are each amended to read as follows:

      This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.

      (1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in ((an other [another])) another manner that shows proof of receipt.

      (2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.

      (a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.

      (b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.

      (c) When the department has received certification pursuant to chapter 74.20A RCW from the department of social and health services that the licensee is a person who is not in compliance with a child support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

      (3) Except for licensees suspended for noncompliance with a child support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

      (4)(a) If the department gives a licensee twenty-eight or more days notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.

      (b) If the department gives a licensee less than twenty-eight days notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.

B. PARENTAL RESPONSIBILITY ENFORCEMENT PROGRAM


      NEW SECTION. Sec. 540. A new section is added to chapter 26.18 RCW to read as follows:

      (1) If an obligor fails to comply with an order of support, the court shall order the obligor to:

      (a) Arrange a payment schedule and maintain support payments;

      (b) Participate in community service work at a minimum of one hundred hours per month; or

      (c) Imprisonment for the crime of family nonsupport under RCW 26.20.035.

      (2) Persons ordered to comply with subsection (1) (b) or (c) of this section shall have their names and the fact of their failure to comply with an order of support published in a newspaper of general circulation in the county in which the court order is obtained under this section.

      (3) Obligors who fail to pay child support in an amount equal to or greater than one year's aid to families with dependent children grant assistance for a family of three may be selected by the department for child support enforcement publicity purposes. The department may publish and distribute picture posters of such obligors, identifying them by name, and indicating the amount of child support owed and the amount in arrears.

      NEW SECTION. Sec. 541. A new section is added to chapter 26.20 RCW to read as follows:

      A person is guilty of predatory nonsupport if:

      (1) He or she is determined to be a parent for a second time under chapter 26.26 RCW;

      (2) The second or subsequent child is receiving public assistance under chapter 74.04, 74.09 or 74.12 RCW;

      (3) He or she fails to pay an obligation of support ordered under Title 26 RCW or chapter 74.04, 74.20 or 74.20A RCW; and

      (4) The second or subsequent child's other natural parent was, at the time of conception, under the age of eighteen.

      A violation of this section is a gross misdemeanor. Any subsequent violation of this section by a person previously convicted of a violation of this section is a class C felony under chapter 9A.20 RCW.

      Sec. 542. RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:

      The expenses of the family and the education of the children, including stepchildren and any child of whom their minor child is a biological parent, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren or children of the stepchildren. The obligation to support stepchildren and children of stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. The obligation of a husband and wife to support a child of their minor child terminates when their minor child reaches eighteen years of age, however, a stepparent's support obligation may be terminated earlier as provided for in this section.

      Sec. 543. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:

      Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:

      (1) "Department" means the state department of social and health services.

      (2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.

      (3) "Dependent child" means any person:

      (a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or

      (b) Over the age of eighteen for whom a court order for support exists.

      (4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.

      (5) "Child support order" means a superior court order or an administrative order.

      (6) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.

      (((6))) (7) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.

      (((7))) (8) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics and includes the parent of an unmarried minor with a child.

      (((8))) (9) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.

      (((9))) (10) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.

      (((10))) (11) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.

      (((11))) (12) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

      NEW SECTION. Sec. 544. A new section is added to chapter 74.12 RCW to read as follows:

      The parents of an unmarried minor who has a child are responsible for the support of the minor and child. The unmarried minor and the minor's child shall be considered to be part of the household of the minor's parents or parent for purposes of determining eligibility for aid to families with dependent children; and as such, the income and resources of the entire household are considered to be available to support the unmarried minor and his or her child.

      Sec. 545. RCW 13.34.160 and 1993 c 358 s 2 are each amended to read as follows:

      (1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.

      (2) For purposes of this section, if a dependent child's parent is an unmarried minor, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.


C. CHILD CARE ZONING


      NEW SECTION. Sec. 546. A new section is added to chapter 36.70 RCW to read as follows:

      No county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

      A county may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the state office of child care policy licensor as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.

      A county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.

      Nothing in this section shall be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

      Sec. 547. RCW 36.70A.450 and 1995 c 49 s 3 are each amended to read as follows:

      No city or county that plans or elects to plan under this chapter may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

      A city or county may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the ((office of child care policy licensor)) department of social and health services as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.

      A city or county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.

      Nothing in this section shall be construed to prohibit a city or county that plans or elects to plan under this chapter from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 74.15.020.

      NEW SECTION. Sec. 548. A new section is added to chapter 74.15 RCW to read as follows:

      (1) A family day-care provider's home shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. No town, city, or county shall enact or enforce zoning ordinances prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

      (2) A town, city, or county may impose zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, provided that such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone.

PART VI. WELFARE-TO-WORK EFFECTIVENESS STUDIES


      NEW SECTION. Sec. 601. A new section is added to chapter 44.28 RCW to read as follows:

      WELFARE-TO-WORK PROGRAMS STUDY. (1) The legislative budget committee shall conduct an evaluation of the effectiveness of the welfare-to-work programs described in chapter . . ., Laws of 1996 (this act), including the job opportunities and basic skills training program, the tax incentive program, and any approved private, county, or local government welfare-to-work programs. The evaluation shall assess the success of the programs in assisting clients to become employed and to reduce their use of aid to families with dependent children. The study shall include but not be limited to the following:

      (a) A random assignment of clients to public agencies and private contractors to assess the effectiveness of program services provided by public and private contractors;

      (b) An assessment of employment outcomes, including hourly wages, hours worked, and total earnings, for clients;

      (c) A comparison of aid to families with dependent children outcomes, including grant amounts and program exits, for clients;

      (d) A cost-benefit analysis of the use of public and private contractors;

      (e) An audit of the performance-based contract for each private nonprofit contractor for job opportunities and basic skills training program services; and

      (f) An assessment of the extent to which recipients who are heads of households may be affected by a learning disability that prevents high school completion or impairs employability. For the purposes of this study, "learning disabilities" are defined as a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language that prevents the person from achieving commensurate with his or her age and ability levels in one or more of the areas listed in this subsection, when provided with appropriate learning or training experiences. Such disorder may include problems in visual or auditory perception and integration and may manifest itself in an impaired ability to listen, think, speak or communicate clearly, read with comprehension, write legibly and with meaning, spell, and accurately perform mathematical calculations, including those involving reading. The presence of a specific learning disability is indicated by intellectual function above that specified by the Washington administrative code for special education for eligibility as mentally retarded and by a severe discrepancy between the person's intellectual ability and academic or career achievement in one or more of the following areas:

      (i) Oral expression;

      (ii) Listening comprehension;

      (iii) Written expression;

      (iv) Basic reading skills;

      (v) Reading comprehension;

      (vi) Mathematics calculations; and

      (vii) Mathematics reasoning.

Such performance deficit cannot be explained by visual, or hearing, or motor disabilities, mental retardation, behavioral disability or environmental, cultural, or economic disadvantage. A specific learning disability includes conditions described as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, dysgraphia, and developmental aphasia.

      (2) Administrative data shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, and local government providers, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this study.

      (3) Additional data may be collected directly from clients if not available from administrative records.

      (4) The legislative budget committee shall report its findings to the governor and the appropriate standing committees of the legislature by October 30, 1999, and shall provide annual reports thereafter until October 30, 2002.

      NEW SECTION. Sec. 602. A new section is added to chapter 44.28 RCW to read as follows:

      TIME LIMIT OUTCOME STUDY. The legislative budget committee shall conduct an evaluation of the effects of time limits on recipients of aid to families with dependent children grant assistance, both generally and in Washington state. The legislative budget committee, in consultation with the Washington institute for public policy, shall work in consultation and cooperation with a focus group comprised of the welfare policy committee described in section 603 of this act, as well as representatives from the governor's office, and other interested parties. The focus group shall begin meeting with the legislative budget committee no later than January 1997, and periodically thereafter as needed. The study shall include, but not be limited to, reports to the legislature regarding the following:

      (1) By December 1997, a summary of data and preliminary evaluations of the effects of time limits in a sampling of at least five other jurisdictions in which two-year time limits were enacted and in effect by 1995. This summary shall include publicly available governmental and scholarly reports and evaluations regarding the effects of time limits, from government agencies, universities, and public policy institutes.

      (2) By December 1998, a detailed, updated summary of the effects of time limits on the aid to families with dependent children population in a state identified in subsection (1) of this section as having families for which the time limits have run and for which outcome data is available.

      (3) By December 1999, and annually through December 2003, an updated summary of the other jurisdictions being tracked in subsections (1) and (2) of this section and an evaluation of the preliminary and subsequent effects of Washington state time limits on Washington state aid to families with dependent children recipients. The Washington state study shall include: A cost-benefit analysis of the effect of time limits on caseloads for aid to families with dependent children, cross-comparing caseload reductions, if any, in aid to families with dependent children with caseload increases, if any, in the foster care and child protective services caseloads. The Washington study shall focus on the outcomes to families whose benefits are decreased or discontinued as a direct result of time limits, including information regarding relative changes in their income status, changes in residence, and the extent to which their family resources may be supplemented by private, nonprofit, religious, or charitable organizations.

      NEW SECTION. Sec. 603. A new section is added to chapter 74.04 RCW to read as follows:

      WELFARE POLICY COMMITTEE. Beginning no later than January 1999, the welfare policy committee shall convene to consider the study specified in section 602 of this act. The welfare policy committee shall consist of two members of the senate, one from each party, two members of the house, one from each party, and two representatives from service or charitable organizations, appointed by the governor. The welfare policy committee shall make any legislative recommendations it may choose to the legislature by December 2000, and annually each December thereafter until 2003, in the form of proposed legislation. Such proposed legislation shall contain revisions to state law regarding aid to families with dependent children. The goal of the revisions shall be to promote independence from welfare, while minimizing any adverse effect of time limits on children in poverty. In December 2005, the welfare policy committee shall terminate.

PART VII. MISCELLANEOUS


      NEW SECTION. Sec. 701. A new section is added to chapter 74.13 RCW to read as follows:

      (1) The department shall operate an employment child care program for low-income working parents who are not receiving aid to families with dependent children.

      (2) Families with gross income at or below thirty-eight percent of state median income adjusted for family size are eligible for employment child care subsidies with a minimum copayment. Families with gross income above thirty-eight percent and at or below fifty-two percent of the state median income adjusted for family size are eligible for an employment child care subsidy with a calculated copayment.

      (3) The department shall provide a priority for recent recipients of aid to families with dependent children who are within twelve weeks of losing their transitional child care benefits.

      (4) The department shall provide employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose.

      NEW SECTION. Sec. 702. The following acts or parts of acts are each repealed:

      (1) RCW 74.08.120 and 1992 c 108 s 2, 1987 c 75 s 39, 1981 1st ex. s. c 6 s 15, 1981 c 8 s 12, 1979 c 141 s 326, 1969 ex.s. c 259 s 1, 1969 ex.s. c 159 s 1, 1965 ex.s. c 102 s 1, & 1959 c 26 s 74.08.120;

      (2) RCW 74.08.125 and 1993 c 22 s 1 & 1992 c 108 s 3;

      (3) RCW 74.12.420 and 1994 c 299 s 9; and

      (4) RCW 74.12.425 and 1994 c 299 s 10.

      NEW SECTION. Sec. 703. Part headings, captions, and the table of contents used in this act do not constitute any part of the law.

      NEW SECTION. Sec. 704. Sections 203 through 205 of this act shall constitute a new chapter in Title 82 RCW.

      NEW SECTION. Sec. 705. Sections 206 through 208 of this act shall constitute a new chapter in Title 74 RCW.

      NEW SECTION. Sec. 706. The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of this act at the earliest possible date.

      NEW SECTION. Sec. 707. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

      NEW SECTION. Sec. 708. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

      NEW SECTION. Sec. 709. This act shall take effect July 1, 1996."


      On motion of Senator Quigley, the following amendment by Senators Quigley and Rinehart to the Committee on Ways and Means striking amendment was adopted:

      On page 54, after line 6 of the Ways and Means Committee amendment, insert the following: 

      "NEW SECTION. Sec. 702. A new section is added to chapter 74.04 RCW to read as follows:

      The department of social and health services shall provide assistance under the general assistance to children program to needy families with legal immigrants permanently residing in the United States under color of law who are not eligible for aid to families with dependent children benefits solely due to their immigration status. Assistance to needy families shall be in the same amount as benefits under the aid to families with dependent children program. The families must be otherwise eligible for aid to families with dependent children, including consideration of the income of the immigrant's sponsor."

      Renumber the sections consecutively and correct any internal references accordingly.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Engrossed Fourth Substitute House Bill No. 1481.

      The Committee on Ways and Means striking amendment, as amended, was adopted.


MOTIONS


      On motion of Senator Quigley, the following title amendments were considered simultaneously and adopted:

      On page 1, line 4 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 74.12.255, 74.25.010, 74.25.020, 46.20.291, 46.20.311, 18.04.335, 18.11.160, 18.27.060, 18.39.181, 18.46.050, 18.96.120, 18.104.110, 18.130.050, 18.130.150, 18.160.080, 43.20A.205, 43.70.115, 26.16.205, 74.20A.020, 13.34.160, and 36.70A.450; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.20A RCW; adding a new section to chapter 48.22 RCW; adding a new section to chapter 2.48 RCW; adding a new section to chapter 18.04 RCW; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.20 RCW; adding a new section to chapter 18.28 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.44 RCW; adding a new section to chapter 18.51 RCW; adding a new section to chapter 18.76 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.106 RCW; adding a new section to chapter 18.130 RCW; adding a new section to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.175 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 26.18 RCW; adding a new section to chapter 26.20 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 74.15 RCW; adding new sections to chapter 44.28 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 74.13 RCW; adding a new chapter to Title 82 RCW; adding a new chapter to Title 74 RCW; creating new sections; repealing RCW 74.08.120, 74.08.125, 74.12.420, and 74.12.425; prescribing penalties; and providing an effective date."

On page 55, line 34 of the Ways and Means Committee title amendment, strike "a new section" and insert "new sections"

      On motion of Senator Quigley, the rules were suspended, Engrossed Fourth Substitute House Bill No. 1481, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Anderson, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Fourth Substitute House Bill No. 1481, as amended by the Senate.


ROLL CALL



      The Secretary called the roll on the final passage of Engrossed Fourth Substitute House Bill No. 1481, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Loveland, McAuliffe, Morton, Moyer, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 31.

      Voting nay: Senators Anderson, A., Cantu, Hochstatter, Johnson, Kohl, Long, McDonald, Newhouse, Pelz, Roach, Schow, Sellar, Strannigan, Thibaudeau, West and Zarelli - 16.

      Excused: Senators Haugen and McCaslin - 2.

      ENGROSSED FOURTH SUBSTITUTE HOUSE BILL NO. 1481, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Anderson, Senators West and Wood were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2186, by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody, Dickerson, L. Thomas, Quall, Carlson and Cooke)

 

Establishing long-term care benefits for public employees.


      The bill was read the second time.

MOTIONS


      On motion of Senator Quigley, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 41.05.065 and 1995 1st sp.s. c 6 s 5 are each amended to read as follows:

       (1) The board shall study all matters connected with the provision of health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and disability income insurance or any of, or a combination of, the enumerated types of insurance for employees and their dependents on the best basis possible with relation both to the welfare of the employees and to the state. However, liability insurance shall not be made available to dependents.

      (2) The board shall develop employee benefit plans that include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the following elements:

      (a) Methods of maximizing cost containment while ensuring access to quality health care;

      (b) Development of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems and prospective payment methods;

      (c) Wellness incentives that focus on proven strategies, such as smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;

      (d) Utilization review procedures including, but not limited to a cost-efficient method for prior authorization of services, hospital inpatient length of stay review, requirements for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers;

      (e) Effective coordination of benefits;

      (f) Minimum standards for insuring entities; and

      (g) Minimum scope and content of public employee benefit plans to be offered to enrollees participating in the employee health benefit plans. To maintain the comprehensive nature of employee health care benefits, employee eligibility criteria related to the number of hours worked and the benefits provided to employees shall be substantially equivalent to the state employees' health benefits plan and eligibility criteria in effect on January 1, 1993. Nothing in this subsection (2)(g) shall prohibit changes or increases in employee point-of-service payments or employee premium payments for benefits.

      (3) The board shall design benefits and determine the terms and conditions of employee participation and coverage, including establishment of eligibility criteria.

      (4) The board may authorize premium contributions for an employee and the employee's dependents in a manner that encourages the use of cost-efficient managed health care systems.

      (5) Employees shall choose participation in one of the health care benefit plans developed by the board and may be permitted to waive coverage under terms and conditions established by the board.

      (6) The board shall review plans proposed by insuring entities that desire to offer property insurance and/or accident and casualty insurance to state employees through payroll deduction. The board may approve any such plan for payroll deduction by insuring entities holding a valid certificate of authority in the state of Washington and which the board determines to be in the best interests of employees and the state. The board shall promulgate rules setting forth criteria by which it shall evaluate the plans.

      (7) Before January 1, 1998, the public employees' benefits board shall make available one or more fully insured long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made available to eligible employees, retired employees, and retired school


 employees as well as eligible dependents which, for the purpose of this section, includes the parents of the employee or retiree and the parents of the spouse of the employee or retiree. Employees of local governments and employees of political subdivisions not otherwise enrolled in the public employees' benefits board sponsored medical programs may enroll under terms and conditions established by the administrator, if it does not jeopardize the financial viability of the public employees' benefits board's long-term care offering.

      (a) Participation of eligible employees or retired employees and retired school employees in any long-term care insurance plan made available by the public employees' benefits board is voluntary and shall not be subject to binding arbitration under chapter 41.56 RCW. Participation is subject to reasonable underwriting guidelines and eligibility rules established by the public employees' benefits board and the health care authority.

      (b) The employee, retired employee, and retired school employee are solely responsible for the payment of the premium rates developed by the health care authority. The health care authority is authorized to charge a reasonable administrative fee in addition to the premium charged by the long-term care insurer, which shall include the health care authority's cost of administration, marketing, and consumer education materials prepared by the health care authority and the office of the insurance commissioner.

      (c) To the extent administratively possible, the state shall establish an automatic payroll or pension deduction system for the payment of the long-term care insurance premiums.

      (d) The public employees' benefits board and the health care authority shall establish a technical advisory committee to provide advice in the development of the benefit design and establishment of underwriting guidelines and eligibility rules. The committee shall also advise the board and authority on effective and cost-effective ways to market and distribute the long-term care product. The technical advisory committee shall be comprised, at a minimum, of representatives of the office of the insurance commissioner, providers of long-term care services, licensed insurance agents with expertise in long-term care insurance, employees, retired employees, retired school employees, and other interested parties determined to be appropriate by the board.

      (e) The health care authority shall offer employees, retired employees, and retired school employees the option of purchasing long-term care insurance through licensed agents or brokers appointed by the long-term care insurer. The authority, in consultation with the public employees' benefits board, shall establish marketing procedures and may consider all premium components as a part of the contract negotiations with the long-term care insurer.

      (f) In developing the long-term care insurance benefit designs, the public employees' benefits board shall include an alternative plan of care benefit, including adult day services, as approved by the office of the insurance commissioner.

      (g) The health care authority, with the cooperation of the office of the insurance commissioner, shall develop a consumer education program for the eligible employees, retired employees, and retired school employees designed to provide education on the potential need for long-term care, methods of financing long-term care, and the availability of long-term care insurance products including the products offered by the board.

      (h) By December 1998, the health care authority, in consultation with the public employees' benefits board, shall submit a report to the appropriate committees of the legislature, including an analysis of the marketing and distribution of the long-term care insurance provided under this section."

      On motion of Senator Quigley, the following title amendment was adopted:

      On page 1, line 1 of the title, after "employees;" strike the remainder of the title and insert "and amending RCW 41.05.065."


MOTION


      On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 2186, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2186, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2186, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 29.

      Voting nay: Senators Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Schow, Sellar, Strannigan, Swecker and Zarelli - 18.

      Excused: Senators West and Wood - 2.

      SUBSTITUTE HOUSE BILL NO. 2186, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      THIRD SUBSTITUTE HOUSE BILL NO. 1381, by House Committee on Government Operations (originally sponsored by Representatives Dyer, Brumsickle, Patterson, Campbell, Brown, Hankins, Chopp, Schoesler, Romero, Chandler, Robertson, Mitchell, G. Fisher, Sheahan, Poulsen, Thibaudeau, H. Sommers, Kessler, Mielke, Honeyford, Kremen, Wolfe, Boldt and Conway)

 

Sharing leave and personal holiday time.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Third Substitute House Bill No. 1381 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Third Substitute House Bill No. 1381.


ROLL CALL


      The Secretary called the roll on the final passage of Third Substitute House Bill No. 1381 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.

      Voting nay: Senators Cantu, Deccio, Finkbeiner, McDonald and Morton - 5.

      Excused: Senator West - 1.

      THIRD SUBSTITUTE HOUSE BILL NO. 1381, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2191, by House Committee on Appropriations (originally sponsored by Representatives Cooke, Ogden, Carlson, Sehlin, H. Sommers, Dickerson, Conway and Kessler) (by request of Joint Committee on Pension Policy)

 

Creating a retirement option for certain fire fighters.


      The bill was read the second time.


MOTION


      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2191 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2191.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2191 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

      Voting nay: Senator Cantu - 1.

      Absent: Senators Schow and Snyder - 2.

      Excused: Senator West - 1.

      SUBSTITUTE HOUSE BILL NO. 2191, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1990, by House Committee on Appropriations (originally sponsored by Representatives Robertson, Chappell and Delvin)

 

Providing minimum retirement benefits.


      The bill was read the second time.


MOTIONS


      On motion of Senator Bauer, the following amendment by Senators Bauer and Long was adopted:

      On page 2, after line 3, insert the following:

      "NEW SECTION. Sec. 2. The joint committee on pension policy shall study the benefits provided to surviving spouses of retirees of the Washington state patrol retirement system and shall report to the fiscal committees of the legislature by January 1997."

      On motion of Senator Bauer, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 1 of the title, strike "and"

On page 1, line 2 of the title, after "43.43.277" insert "; and creating a new section"


MOTION


      On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1990, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1990, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1990, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 1990, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2579, by House Committee on Law and Justice (originally sponsored by Representatives Costa, Ballasiotes, Radcliff, Sheahan, Romero, Dellwo, Chopp, Murray, Robertson, Hickel, Mitchell, Cooke, Conway and Cody)

 

Consolidating and enhancing services for victims of sexual abuse.


      The bill was read the second time.


MOTION


      On motion of Senator Franklin, the rules were suspended, Substitute House Bill No. 2579 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2579.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2579 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Hargrove - 1.

      SUBSTITUTE HOUSE BILL NO. 2579, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2727, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Blanton)

 

Establishing a state infrastructure bank.


      The bill was read the second time.


MOTION


      On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2727 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2727.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2727 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2727, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875, by House Committee on Agriculture and Ecology (originally sponsored by Representative Chandler)

 

Creating the Puget Sound management team.


      The bill was read the second time.


MOTION


      Senator Fraser moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. INTENT. The legislature finds that since its creation in 1985, the Puget Sound water quality authority has been largely successful in adopting a comprehensive management plan for the restoration and long-term protection of Puget Sound, which is the principal guiding document for the coordination and strengthening of programs by local governments, the private sector, and federal and state agencies. The authority has continually revised the plan to reflect new information regarding the water quality and other environmental conditions of Puget Sound, and to respond to changing state and federal funding and programmatic requirements. The legislature finds that increased emphasis should now be placed upon implementing the plan, upon assisting those primarily responsible for implementing the plan, upon the long-term monitoring of Puget Sound's environmental conditions, and upon measuring progress in the overall implementation of the management plan.

      Sec. 2. RCW 90.70.001 and 1985 c 451 s 1 are each amended to read as follows:

      FINDINGS--POLICY. The legislature finds that Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, composing an interdependent, sensitive communal ecosystem reside in these sheltered waters. The legislature finds that Puget Sound is a gift of nature, central to the quality of life of all Washington citizens.

      Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics and other activities, all of which to some degree depend upon a clean and healthy marine resource.

      ((The legislature further finds that the consequences of careless husbanding of this resource have been dramatically illustrated in inland waterways associated with older and more extensively developed areas of the nation. Recent reports concerning degradation of water quality within this region's urban embayments raise alarming possibilities of similar despoliation of Puget Sound and other state waterways. These examples emphasize that the costs of restoration of aquatic resources, where such restoration is possible, greatly exceed the costs of responsible preservation.

      The legislature declares that utilization of the Puget Sound resource carries a custodial obligation for preserving it. The people of the state have the unique opportunity to preserve this gift of nature, an understanding of the results of inattentive stewardship, the technical knowledge needed for control of degradation, and the obligation to undertake such control.))

      The legislature further finds that the large number of governmental entities that now affect the ((water quality)) health of Puget Sound have diverse interests and limited jurisdictions which cannot adequately address the cumulative, wide-ranging impacts which contribute to the degradation of Puget Sound. ((It is therefore the policy of the state of Washington to create a single entity with adequate resources to develop a comprehensive plan for water quality protection in Puget Sound to be implemented by existing state and local government agencies.))

      These entities can benefit by better coordination among themselves with state agencies and citizen organizations, and efficiencies of effort can be obtained from such coordination. Further, the legislature finds that positive incentives and technical assistance can foster a cooperative spirit that will lead to better protection of Puget Sound.

      It is therefore the policy of the state of Washington that protection of Puget Sound, including continued economic and recreational uses, can be best achieved by establishing an entity to periodically revise the Puget Sound water quality management plan, and to focus its efforts on helping other state and federal agencies, local and tribal governments, businesses, and citizen organizations to implement the plan. The legislature declares that this entity, in its planning activity, shall foster coordinated research and education efforts, identify efficiencies and positive incentives that promote implementation of the plan, and provide technical assistance to state and federal agencies, local and tribal governments, and citizen organizations in their activities to implement the plan.

      It is further the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound.

      Sec. 3. RCW 90.70.005 and 1985 c 451 s 2 are each amended to read as follows:

      DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

      (1) "Authority" means the Puget Sound water quality authority.

      (2) "Chair" means the presiding officer of the Puget Sound water quality authority.

      (3) "Council" means the Puget Sound interagency advisory council created by section 6 of this act.

      (4) "Plan" means the Puget Sound water quality management plan.

      (((4))) (5) "Puget Sound" means all salt waters of the state of Washington inside the international boundary line between the state of Washington and the province of British Columbia, lying east of one hundred twenty-three degrees, twenty-four minutes west longitude.

      (6) "Local plans" means local watershed action plans developed pursuant to chapter 400-12 WAC.

      (7) "Work plan" means the work plan and budget developed by the authority.

      Sec. 4. RCW 90.70.011 and 1990 c 115 s 2 are each amended to read as follows:

      AUTHORITY--MEMBERSHIP. (1) There is established the Puget Sound water quality authority composed of eleven members. ((Nine members shall be appointed by the governor and confirmed by the senate. In addition, the commissioner of public lands or the commissioner's designee and the director of ecology or the director's designee shall serve as ex officio members. Three of the members shall include a representative from the counties, a representative from the cities, and a tribal representative. The director of ecology shall be chair of the authority. In making these appointments, the governor shall seek to include representation of the variety of interested parties concerned about Puget Sound water quality. Of the appointed members, at least one shall be selected from each of the six congressional districts surrounding Puget Sound.)) Nine members shall be appointed by the governor and confirmed by the senate. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, counties, cities, and the tribes. The representative of counties and the representative of cities shall be a current or former elected city or county official. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the authority. Appointments to the authority shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the authority, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Members representing cities, counties, and the tribes shall also serve four-year staggered terms, as determined by the governor. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. ((The executive director of the authority shall be selected by the governor and shall serve at the pleasure of the governor. The executive director shall not be a member of the authority.

      (2))) Members shall be compensated as provided in RCW 43.03.250. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

      (2) The executive director of the authority shall be selected by the governor and shall serve at the pleasure of the governor. The executive director shall not be a member of the authority.

      (3) The executive director of the authority shall be a full-time employee responsible for the administration of all functions of the authority, including hiring and terminating staff, budget preparation, contracting, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.

      (4) ((The authority shall prepare a budget and a work plan.

      (5))) Not more than four employees of the authority may be exempt from the provisions of chapter 41.06 RCW.

      (((6))) (5) The executive director and staff of the authority shall be located in the Olympia area, as space becomes available. The department of general administration shall house the authority within the department of ecology.

      NEW SECTION. Sec. 5. A new section is added to chapter 90.70 RCW to read as follows:

      CHAIR. (1) The authority shall select a chair, who shall perform such duties and perform them for such period as the authority determines.

      (2) Beginning in December 1998, and every two years thereafter, the authority shall submit a report to the appropriate policy and fiscal committees of the legislature. The report shall:

      (a) Describe and evaluate the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound;

      (b) Describe the priority problems and actions proposed for inclusion into the next biennium's work plan for each geographic area of Puget Sound, including a description of new and ongoing activities and a breakdown of the costs of each activity, by geographic area;

      (c) Describe how the work plan responds to the evaluation required under (a) of this subsection; and

      (d) Describe any proposed amendments to the Puget Sound management plan.

      NEW SECTION. Sec. 6. A new section is added to chapter 90.70 RCW to read as follows:

      PUGET SOUND INTERAGENCY ADVISORY COUNCIL. (1) The Puget Sound interagency advisory council is created. The council shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; the president of the University of Washington; and the president of the Washington State University. The governor shall appoint the chair of the council, who may be a staff person in the governor's office or a council member designated under this subsection. Members of the council may designate a person to act for them on the council, except that each member shall participate in the annual summit required by subsection (3) of this section. The university presidents may designate members of the sciences faculties to act as their designees on the council.

      (2) The council shall convene periodically at the request of the authority to provide recommendations for improving state agency coordination and setting of priorities in plan implementation, and for improving the integration of the Puget Sound plan with other state agency programs, plans, and activities that relate to the biological health and diversity of Puget Sound.

      (3) In addition to the periodic meetings under subsection (2) of this section, the council shall convene an annual summit of the council in conjunction with a meeting of the authority to address improving state agency coordination and participation in activities identified by the work plan for state agency implementation. The council shall obtain public comments at the summit to assist the council and authority in making these improvements.

      (4) On or before January 1, 1997, the council, with the assistance of the authority, shall review the need for additional state assistance in the development and implementation of plans for the protection of the state's marine waters other than Puget Sound, including technical and financial assistance, and the development of comprehensive ambient monitoring programs. The review shall include assessment of the need for a state coordination mechanism or entity for this purpose. The council shall consult with local governments and other interested parties in areas adjacent to the state's marine waters in conducting the review. The council shall provide a report of its review and recommendations to the governor and the appropriate committees of the legislature by January 1, 1997.

      Sec. 7. RCW 90.70.025 and 1985 c 451 s 5 are each amended to read as follows:

      DUTIES. In order to carry out its responsibilities under this chapter, the authority may:

      (1) ((Develop interim proposals and recommendations, before the plan is adopted, concerning the elements identified in RCW 90.70.060;

      (2))) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;

      (((3))) (2) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the authority. The authority may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

      (((4))) (3) Conduct studies and research relating to Puget Sound water quality;

      (((5))) (4) Obtain information relating to Puget Sound from other state and local agencies;

      (((6))) (5) Conduct appropriate public hearings, solicit extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;

      (((7))) (6) Receive and expend funding from other public agencies;

      (7) Establish priorities for funding the implementation of the plan;

      (8) ((Prepare a biennial budget request for consideration by the governor and the legislature; and

      (9))) Adopt rules under chapter 34.05 RCW as it deems necessary for the purposes of this chapter; and

      (9) Sponsor an annual conference or workshop where all interested parties will have the opportunity to share information about the status of efforts to protect and restore Puget Sound and make recommendations for future actions to protect and restore Puget Sound.

      Sec. 8. RCW 90.70.055 and 1990 c 115 s 4 are each amended to read as follows:

      The authority shall:

      (1) ((Prepare and adopt a)) Serve the needs of state, local, and tribal governments and agencies in implementing the plan in a coordinated and timely manner by:

      (a) Providing technical assistance to state, local, and tribal governments and agencies in the design, funding, and implementation of water quality programs and projects;

      (b) Assisting state, local, and tribal governments and agencies to implement the plan in ways that are consistent with other planning, regulatory, and capital facility requirements;

      (c) Encouraging and assisting in the development of local comprehensive strategies for water quality and watershed health that are consistent with the goals of the plan;

      (d) Seeking incentives for the development of local comprehensive water quality and watershed health strategies that support the plan by advocating for federal and state financial assistance and for flexibility in federal and state regulatory requirements to allow implementation of local strategies; and

      (e) Providing dispute resolution and mediation services between public agencies and between public and private entities to achieve coordinated implementation of the plan;

      (2) Revise on an ongoing basis the comprehensive Puget Sound water quality management plan((, as defined in RCW 90.70.060)) adopted by the authority in May 1994. In preparing the plan and any substantial revisions to the plan, the authority shall consult with its advisory ((committee or)) committees ((and)); appropriate federal, state, and local agencies((. The authority shall also solicit extensive participation by the public by whatever means it finds appropriate, including public hearings throughout communities bordering or near Puget Sound, dissemination of information through the news media, public notices, and mailing lists, and the organization of workshops, conferences, and seminars)); tribal governments; and private interests;

      (((2) During the plan's initial development and any subsequent revisions, submit annual progress reports on plan revisions and implementation to the governor and the legislature.))

      (3) ((Submit the plan to the governor and the legislature no later than January 1, 1987. The authority shall)) Review the plan at least every ((four)) six years and revise the plan, as deemed appropriate((, and shall submit the plan by July 1, 1994)). A revised plan shall be submitted to the governor and the legislature by July 1, 2000, and every ((four)) six years thereafter;

      (4) Prepare a biennial "state of the Sound" report and submit such report to the governor, the legislature, and the state agencies and local governments identified in the plan. Copies of the report shall be made available to the public. The report shall describe the current condition of water quality and related resources in Puget Sound and ((shall)) include an assessment of the extent to which implementation of the plan has occurred and resulted in progress toward improving and protecting water quality in Puget Sound. Information about problems and progress shall be sought from the public and reflected in the report. The assessment shall be based upon an evaluation of performance measures required by subsection (6) of this section. The report may also include, but not be limited to:

      (a) The status and condition of the resources of Puget Sound, including the results of ecological monitoring, including an assessment of the economic value of Puget Sound;

      (b) Current and foreseeable trends in water quality of Puget Sound and the management of its resources;

      (c) Review of significant public and private activities affecting Puget Sound and an assessment of whether such activities are consistent with the plan; and

      (d) Recommendations to the governor, the legislature, and appropriate state and local agencies for actions needed to remedy any deficiencies in current policies, plans, programs, or activities relating to the water quality of Puget Sound, and recommendations concerning changes necessary to protect and improve Puget Sound water quality; ((and))

      (5) Review the ((Puget Sound related budgets and regulatory and enforcement activities)) status of plan implementation efforts of state agencies with responsibilities for water quality and related resources in Puget Sound;

      (6) In consultation with state agencies, local and tribal governments, and other public and private interests, develop and track quantifiable performance measures that can be used by the governor and the legislature to assess the effectiveness over time of programs and actions initiated under the plan to improve and protect Puget Sound water quality and biological resources. The performance measures shall be developed by June 30, 1997. State agencies shall assist the authority in the development and tracking of these performance measures. The performance measures may be limited to a selected geographic area;

      (7) Appoint ad hoc advisory committees and solicit public participation as necessary to facilitate plan revision, plan implementation, coordination of the ambient monitoring program, and the conduct of other duties under this chapter. The authority may form a local government advisory council and private sector advisory council for this purpose;

      (8) Ensure implementation and coordination of the Puget Sound ambient monitoring program, which includes:

      (a) Developing a baseline and examining differences among areas of Puget Sound for environmental conditions, natural resources, and contaminants in sediments and marine life, against which future changes can be measured;

      (b) Taking measurements relating to specific program elements identified in the plan;

      (c) Measuring the progress of the ambient monitoring programs implemented under the plan;

      (d) Providing a permanent record of significant natural and human-caused changes in key environmental indicators in Puget Sound;

      (e) Supporting research on Puget Sound; and

      (f) Participation of each agency with responsibilities for implementing the program, as specified in the plan;

      (9) Provide, promote, coordinate, and publish research on Puget Sound water quality issues;

      (10) Provide and promote education and involvement of the public on the preservation and protection of water quality and marine habitat in Puget Sound; and

      (11) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan and in this chapter. Based on this review, the authority shall, if appropriate, eliminate and consolidate reports, modify reporting schedules to correspond to publication of the state of the Sound report, and modify reporting requirements to support evaluation of performance measures required by subsection (6) of this section.

      NEW SECTION. Sec. 9. A new section is added to chapter 90.70 RCW to read as follows:

      WORK PLANS. (1) Each biennium the authority shall prepare a Puget Sound work plan and budget recommendations for funding of the plan and for state agency implementation of plan responsibilities, for submittal to the office of financial management to be included in the development of the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance water quality in Puget Sound, including the enhancement of recreational opportunities and the restoration of a balanced population of indigenous shellfish, fish, and wildlife.

      (2) The work plan shall:

      (a) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound. The work plan may describe the specific priorities for local actions necessary in the following locations:

      (i) Area 1: Island and San Juan counties;

      (ii) Area 2: Skagit and Whatcom counties;

      (iii) Area 3: Clallam and Jefferson counties;

      (iv) Area 4: Snohomish, King, and Pierce counties;

      (v) Area 5: Kitsap, Mason, and Thurston counties;

      (b) Coordinate the work plan activities with other state agency activities that have not been funded through the plan, with other local plans, and with other governmental and nongovernmental watershed restoration activities;

      (c) Provide for interagency and interdisciplinary teams to provide technical assistance and watershed assessments to local governments in the areas identified in (a) of this subsection. The number of teams and the number and qualifications of personnel for each team shall be prioritized within available resources and determined to meet the priorities for actions identified in (a) of this subsection;

      (d) Coordinate monitoring and research activities;

      (e) Provide for funding to assist local jurisdictions to implement elements of the work plan and to develop and implement local plans; and

      (f) Identify and assist in resolving policy or regulatory conflicts that may exist between agencies responsible for implementing the Puget Sound plan.

      (3) Before adopting the work plan the authority shall hold public hearings to obtain public comments on the proposed work plan.

      (4) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.

      (5) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.

      NEW SECTION. Sec. 10. A new section is added to chapter 90.70 RCW to read as follows:

      LOCAL PLANS. (1) Local governments shall implement local elements of the work plan subject to the availability of appropriated funds or other funding sources.

      (2) The authority shall review the progress of local governments regarding the timely implementation of local elements of the work plan. Where prescribed actions have not been accomplished in accordance with the work plan, the responsible local government shall, at the request of the authority, submit a written explanation for the shortfalls to the authority, together with the local government's proposed remedies.

      NEW SECTION. Sec. 11. A new section is added to chapter 90.70 RCW to read as follows:

      STATE FUNDING PROGRAMS. (1) The authority shall review and make recommendations for a consolidated state financial assistance program to support the implementation of local plans. The recommendations should:

      (a) Include measures to simplify application and funding procedures;

      (b) Give priority to implementation over planning;

      (c) Achieve cost-efficiencies;

      (d) Give priority to local plans that have secured local funding; and

      (e) Give priority to counties that exercise their authority under RCW 36.94.020 as amended by chapter . . ., Laws of 1996 (Second Substitute Senate Bill No. 5247) to consolidate and coordinate their water pollution activities under a sewerage and/or water general plan.

      (2) The authority shall identify administrative and legislative modifications necessary to implement the consolidated financial assistance program and shall report to the governor and the legislature by December 1, 1996.

      Sec. 12. RCW 43.88.030 and 1994 c 247 s 7 and 1994 c 219 s 2 are each reenacted and amended to read as follows:

      (1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.

      Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.

      The budget document or documents shall also contain:

      (a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;

      (b) The undesignated fund balance or deficit, by fund;

      (c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;

      (d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;

      (e) Tabulations showing expenditures classified by fund, function, activity and object;

      (f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;

      (g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total. At the same time the authority provides the work plan and associated budget to the office of financial management according to the budget instructions required in subsection (1) of this section, the authority shall provide a copy to the appropriate policy and fiscal committees of the legislature; and

      (h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.

      (2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:

      (a) Interest, amortization and redemption charges on the state debt;

      (b) Payments of all reliefs, judgments and claims;

      (c) Other statutory expenditures;

      (d) Expenditures incident to the operation for each agency;

      (e) Revenues derived from agency operations;

      (f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;

      (g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;

      (h) Common school expenditures on a fiscal-year basis;

      (i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and

      (j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.

      (3) A separate capital budget document or schedule shall be submitted that will contain the following:

      (a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;

      (b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;

      (c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;

      (d) A statement of the reason or purpose for a project;

      (e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;

      (f) A statement about the proposed site, size, and estimated life of the project, if applicable;

      (g) Estimated total project cost;

      (h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;

      (i) Estimated total project cost for each phase of the project as defined by the office of financial management;

      (j) Estimated ensuing biennium costs;

      (k) Estimated costs beyond the ensuing biennium;

      (l) Estimated construction start and completion dates;

      (m) Source and type of funds proposed;

      (n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;

      (o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;

      (p) Such other information bearing upon capital projects as the governor deems to be useful;

      (q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;

      (r) Such other information as the legislature may direct by law or concurrent resolution.

      For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.

      (4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.

      NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

      (1) RCW 90.70.035 and 1985 c 451 s 6;

      (2) RCW 90.70.045 and 1994 c 264 s 97, 1990 c 115 s 3, 1988 c 36 s 72, & 1985 c 451 s 7;

      (3) RCW 90.70.060 and 1990 c 115 s 5, 1989 c 11 s 31, & 1985 c 451 s 8;

      (4) RCW 90.70.065 and 1995 c 269 s 3501, 1994 c 264 s 98, & 1990 c 115 s 9;

      (5) RCW 90.70.090 and 1990 c 115 s 8; and

      (6) RCW 90.70.100 and 1991 c 200 s 502.

      Sec. 14. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows:

      The Puget Sound water quality authority and its powers and duties shall be terminated on June 30, ((1995)) 2001, as provided in RCW 43.131.370.

      Sec. 15. RCW 43.131.370 and 1990 c 115 s 12 are each amended to read as follows:

      The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1996)) 2002:

      (1) Section 1, chapter 451, Laws of 1985 and RCW 90.70.001;

      (2) Section 2, chapter 451, Laws of 1985 and RCW 90.70.005;

      (3) Section 3, chapter 451, Laws of 1985, section 2, chapter 115, Laws of 1990 and RCW 90.70.011;

      (4) Section 5, chapter 451, Laws of 1985 and RCW 90.70.025;

      (5) ((Section 6, chapter 451, Laws of 1985 and RCW 90.70.035;

      (6) Section 7, chapter 451, Laws of 1985, section 72, chapter 36, Laws of 1988, section 3, chapter 115, Laws of 1990 and RCW 90.70.045;

      (7))) Section 4, chapter 451, Laws of 1985, section 4, chapter 115, Laws of 1990 and RCW 90.70.055;

      (((8) Section 8, chapter 451, Laws of 1985, section 31, chapter 11, Laws of 1989, section 5, chapter 115, Laws of 1990 and RCW 90.70.060;

      (9))) (6) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;

      (((10))) (7) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and

      (((11))) (8) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.

      NEW SECTION. Sec. 16. A new section is added to chapter 90.70 RCW to read as follows:

      MARINE WATERS PROTECTION TRUST ACCOUNT. The marine waters protection trust account is created in the state treasury. All receipts from gifts, grants, and endowments, federal funds received to develop and implement marine waters protection plans, and state appropriations shall be deposited into the account. Moneys in the account may be spent only after appropriation for the purposes of developing and implementing marine waters protection plans.

      NEW SECTION. Sec. 17. SHORT TITLE. This act may be known and cited as the Puget Sound water quality protection act.

      NEW SECTION. Sec. 18. CAPTIONS NOT LAW. Captions used in this act do not constitute any part of the law.

      NEW SECTION. Sec. 19. This act shall take effect June 30, 1996."

      Debate ensued.

      Senator Fraser demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 2875.


ROLL CALL


      The Secretary called the roll and the committee striking amendment was adopted by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 34.

      Voting nay: Senators Anderson, A., Cantu, Hochstatter, Johnson, McCaslin, Morton, Moyer, Newhouse, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 15.


MOTIONS


      On motion of Senator Fraser, the following title amendment was adopted:

      On page 1, line 1 of the title, after "quality;" strike the remainder of the title and insert "amending RCW 90.70.001, 90.70.005, 90.70.011, 90.70.025, 90.70.055, 43.131.369, and 43.131.370; reenacting and amending RCW 43.88.030; adding new sections to chapter 90.70 RCW; creating new sections; repealing RCW 90.70.035, 90.70.045, 90.70.060, 90.70.065, 90.70.090, and 90.70.100; and providing an effective date."

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 2875, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2875, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2875, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 1; Excused, 0.

      Voting yea: Senators Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 32.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Hochstatter, Johnson, McCaslin, Morton, Moyer, Newhouse, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 16.

      Absent: Senator Owen - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2293, by House Committee on Appropriations (originally sponsored by Representatives Carlson, Jacobsen, Murray and Chopp)

 

Authorizing a technology fee at public institutions of higher education.


      The bill was read the second time.


MOTION


      Senator Bauer moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:

      (1) The governing board of each of the state universities, the regional universities, and The Evergreen State College, upon the written agreement of its respective student government association or its equivalent, may establish and charge each enrolled student a technology fee, separate from tuition fees. During the 1996-97 academic year, any technology fee shall not exceed one hundred twenty dollars for a full-time student. Any technology fee charged to a part-time student shall be calculated as a pro rata share of the fee charged to a full-time student.

      (2) Revenue from this fee shall be used exclusively for technology resources for general student use.

      (3) Only changes in the amount of the student technology fee agreed upon by both the governing board and its respective student government association or its equivalent shall be used to adjust the amount charged to students. Changes in the amount charged to students, once implemented, become the basis for future changes.

      (4) Annually, the student government association or its equivalent may abolish the fee by a majority vote. In the event of such a vote, the student government association or its equivalent shall notify the governing board of the institution. The fee shall cease being collected the term after the student government association or its equivalent voted to eliminate the fee.

      (5) The student government association or its equivalent shall approve the annual expenditure plan for the fee revenue.

      (6) The universities and The Evergreen State College shall deposit three and one-half percent of revenues from the technology fee into the institutional financial aid fund under RCW 28B.15.820.

      (7) As used in this section, "technology fee" is a fee charged to students to recover, in whole or in part, the costs of providing and maintaining services to students that include, but need not be limited to: Access to the internet and world wide web, e-mail, computer and multimedia work stations and laboratories, computer software, and dial-up telephone services.

      (8) Prior to the establishment of a technology fee, a governing board shall provide to the student governing body a list of existing fees of a similar nature or for a similar purpose. The board and the student governing body shall ensure that student fees for technology are not duplicative.

      Sec. 2. RCW 28B.15.031 and 1995 1st sp.s. c 9 s 2 are each amended to read as follows:

      The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, technology and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That a minimum of three and one-half percent of operating fees shall be retained by the institutions, except the technical colleges, for the purposes of RCW 28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW.

      Sec. 3. RCW 28B.15.615 and 1993 sp.s. c 18 s 23 are each amended to read as follows:

      Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities and the regional universities may exempt the following students from paying all or a portion of the resident operating fee and the technology fee: Students granted a graduate service appointment, designated as such by the institution, involving not less than twenty hours of work per week. The exemption shall be for the term of the appointment. ((The stipend paid to persons holding graduate student appointments from nonstate funds shall be reduced and the institution reimbursed from such funds in an amount equal to the resident operating fee which funds shall be transmitted to the general fund.))

      NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

      NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

      Debate ensued.


POINT OF INQUIRY


      Senator Anderson: "Senator Bauer, I have a question on a statement that you made in your opening remarks. You remarked that we can't have this, evidently the fee, without the approval of the students. I wrote that down--those were your remarks. I'm looking at the bill and I don't see where we can't have this without the approval of the students. I see in Section 3 where we can change the fee and have to work with the students and I see in Section 4 that once the fee is there, the students can vote to remove the fee, but I don't see where we can put this in place without the approval of the students. Could you please point me to some language in the bill that says we can't have this without the approval of the students?"

      Senator Bauer: "I don't have the bill before me, but I have the digest here and it says that a fee may be established by the governing boards for the public higher education institutions with a written agreement of their respective student body government association or equivalent."


POINT OF INQUIRY


      Senator Roach: "Senator Bauer, along the same lines, one of the concerns that I have is the answer to the question of whether or not the student council or body that will be approving the fee, will be the ones that will actually pay the fee. Is this going to be prospective or going from the incoming students after this body has already left the university?"

      Senator Bauer: "I think Senator Rinehart was concerned about that and felt that if we imposed a fee and then could not trigger it out for a couple of years, we would have people paying it that did not have a say-so. That is why she added the requirement that the fee would be determined--the student body could vote it out for the next term. So, it is a kind of a term, or quarter or semester by semester deal and anytime those students can trigger it off by having a say-so by saying that they don't want it for the next quarter and it is gone. It is student-driven."


REMARKS BY SENATOR WOOD


      Senator Wood: "May I respond to the question? On the first page, in Section 1, under Number (1), it says, 'The governing board of each of the state universities, the regional universities, and The Evergreen State College, upon written agreement of its respective student government association or its equivalent, may establish and charge each enrolled student a technology fee, separate from tuition fees.' Thank you."


POINT OF INQUIRY


      Senator Morton: "Senator Bauer, where does the gift of Bill Gates fit into all of this? As I understand, that was ten million dollars or thereabouts. Does that not play into this picture of technology for our institutions of higher learning?"

      Senator Bauer: "I believe you are speaking to a House provision where in the K-12 program, a number of school districts would be allowed to take donations of a five million dollar appropriation and that could be matched by Bill Gates or someone else. That was for local school districts in the Puget Sound area. Another five million was proposed and discussed for the rest of the state to apply for and get match for it, if they wished. It didn't apply to higher education."

      Senator Morton: "Thank you, Senator Bauer. Mr. President, I had the fortune to receive two answers here, with Senator Sutherland telling me that a good share of that went to the two-year colleges. Thank you."

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Second Substitute House Bill No. 2293.

      Further debate ensued.

      The motion by Senator Bauer carried and the committee striking amendment was adopted.


MOTIONS


      On motion of Senator Bauer, the following title amendment was adopted:

      On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 28B.15.031 and 28B.15.615; adding a new section to chapter 28B.15 RCW; and declaring an emergency."

      On motion of Senator Bauer, the rules were suspended, Second Substitute House Bill No. 2293, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2293, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2293, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40.

      Voting nay: Senators Deccio, Fraser, Goings, Heavey, McCaslin, Morton, Newhouse, Prince and Sutherland - 9.

      SECOND SUBSTITUTE HOUSE BILL NO. 2293, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909, by House Committee on Appropriations (originally sponsored by Representatives Johnson, Brumsickle, Cole, Talcott, Quall, Radcliff, McMahan, Hymes, Smith, Lambert, Thompson, Hatfield, Stevens, Boldt, Koster, McMorris, Elliot, Silver, Pelesky, Clements, Cooke, Benton, Carrell, Sheldon, Basich, Linville, Skinner, Robertson, Blanton, Huff, Hickel, Goldsmith, Campbell and Casada)

 

Improving reading literacy.


      The bill was read the second time.


MOTION


      Senator McAuliffe moved that the following Committee on Education amendment not be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) The center for the improvement of student learning, or its designee, shall develop and implement a process for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the initial identification of effective programs.

      (2) In identifying effective reading programs, the center for the improvement of student learning, or its designee, shall consult primary education teachers, state-wide reading organizations, institutions of higher education, the commission on student learning, parents, legislators, and other appropriate individuals and organizations.

      (3) In identifying effective reading programs, the following criteria shall be used:

      (a) Whether the program will help the student meet the essential academic learning requirements and the state-level and classroom-based assessments for reading;

      (b) Whether the program has achieved documented results for students on valid and reliable assessments and is consistent with the assessment for reading developed by the commission on student learning;

      (c) Whether the results of the program have been replicated at different locations over a period of time;

      (d) Whether the requirements and specifications for implementing the program are clear so that potential users can clearly determine the requirements of the program and how to implement it;

      (e) Whether, when considering the cost of implementing the program, the program is cost-effective relative to other similar types of programs;

      (f) Whether the program addresses differing student populations; and

      (g) Other appropriate criteria and considerations.

      (4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by May 1, 1997.

      NEW SECTION. Sec. 2. (1) To the extent funds are appropriated, the commission on student learning in collaboration with the superintendent of public instruction and in consultation with the state board of education, faculty in educator preparation programs, educators, parents, and school directors, shall establish training programs for educators in the primary grades. The programs shall be designed to prepare educators to use the classroom-based assessments developed by the commission on student learning to determine how children are reading, select appropriate instructional strategies to improve reading instruction, and to involve parents in helping their children to learn to read. Funds, to the extent appropriated shall be used to develop the training program and to provide the training to the educators both through institutes and in the classroom.

      (2) The superintendent of public instruction shall establish a grant program to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in grades kindergarten through four. Schools, school districts, and educational service districts may apply for grants. Funds for the grants shall be used for in-service training and instructional materials. Grants shall be awarded to the extent funds are appropriated in the 1997-99 biennial appropriations act. Priority shall be given to grant applications involving schools and school districts with the lowest mean percentile scores on the state-wide fourth grade assessment required under RCW 28A.230.190 among grant applicants.

      NEW SECTION. Sec. 3. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) After effective programs have been identified in accordance with section 1 of this act, the center for the improvement of student learning, or its designee, shall provide information and take other appropriate steps to inform elementary school teachers, principals, curriculum directors, superintendents, school board members, college and university reading instruction faculty, and others of its findings.

      (2) The center, in cooperation with state-wide organizations interested in improving literacy, also shall develop and implement strategies to improve reading instruction in the state, with a special emphasis on the instruction of reading in the primary grades using the effective reading programs that have been identified in accordance with section 1 of this act. The strategies may include, but should not be limited to, expanding and improving reading instruction of elementary school teachers in teacher preparation programs, expanded in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing state-wide and regional technical assistance in reading instruction.

      (3) The center shall submit a status report to appropriate committees of the legislature by December 31, 1996, regarding its efforts to implement section 1 of this act and subsections (1) and (2) of this section. The report shall include a description of safeguards enacted to ensure the scientific integrity and objectivity of the assistance and advice provided by the center.

      Sec. 4. RCW 28A.300.130 and 1993 c 336 s 501 are each amended to read as follows:

      (1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, and institutions of higher education.

      (2) The center shall:

      (a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;

      (b) Serve as a clearinghouse for information regarding successful educational restructuring and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational restructuring initiatives in Washington schools and districts;

      (c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve reading instruction; school improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; and other programs that will assist educators in helping students learn the essential academic learning requirements;

      (d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;

      (e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;

      (f) Take other actions to increase public awareness of the importance of parental and community involvement in education;

      (g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015;

      (h) Provide training and consultation services;

      (i) Address methods for improving the success rates of certain ethnic and racial student groups; and

      (j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.

      (3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.

      (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2) (d) and (e) of this section. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

      (5) The superintendent shall report annually to the commission on student learning on the activities of the center.

      NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      NEW SECTION. Sec. 6. If specific funding for section 2 of this act, referencing this act by bill number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, section 2 of this act is null and void."

      The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the Committee on Education striking amendment to Engrossed Second Substitute House Bill No. 2909.

      The motion by Senator McAuliffe carried and the committee striking amendment was not adopted:


MOTION


      Senator McAuliffe moved that the following amendment by Senators McAuliffe and Johnson be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) The center for the improvement of student learning, or its designee, shall develop and implement a process for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the initial identification of effective programs.

      (2) In identifying effective reading programs, the center for the improvement of student learning, or its designee, shall consult primary education teachers, state-wide reading organizations, institutions of higher education, the commission on student learning, parents, legislators, and other appropriate individuals and organizations.

      (3) In identifying effective reading programs, the following criteria shall be used:

      (a) Whether the program will help the student meet the state-level and classroom-based assessments for reading;

      (b) Whether the program has achieved documented results for students on valid and reliable assessments;

      (c) Whether the results of the program have been replicated at different locations over a period of time;

      (d) Whether the requirements and specifications for implementing the program are clear so that potential users can clearly determine the requirements of the program and how to implement it;

      (e) Whether, when considering the cost of implementing the program, the program is cost-effective relative to other similar types of programs;

      (f) Whether the program addresses differing student populations; and

      (g) Other appropriate criteria and considerations.

      (4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by December 31, 1996.

      NEW SECTION. Sec. 2. The superintendent of public instruction shall establish a grant program to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in grades kindergarten through four. Schools, school districts, and educational service districts may apply for grants. Funds for the grants shall be used for in-service training and instructional materials. Grants shall be awarded and funds distributed not later than June 30, 1997, for programs in the 1996-97 and 1997-98 school years. Priority shall be given to grant applications involving schools and school districts with the lowest mean percentile scores on the state-wide fourth grade assessment required under RCW 28A.230.190 among grant applicants.

      NEW SECTION. Sec. 3. (1) The center for the improvement of student learning in collaboration with the commission on student learning and in consultation with the state board of education, faculty in educator preparation programs, educators, parents, and school directors, shall establish training programs in reading instruction and assessment for educators in the primary grades. The programs shall be designed to prepare educators to use the classroom-based assessments developed by the commission on student learning to determine how children are reading, select and implement appropriate instructional strategies and effective programs consistent with section 1 of this act to improve reading instruction, and to involve parents in helping their children to learn to read. Funds shall be used to develop the training program and to provide the training to the educators both through institutes and in the classroom during the school year.

      (2) This section shall expire June 30, 1998.

      NEW SECTION. Sec. 4. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) After effective programs have been identified in accordance with section 1 of this act, the center for the improvement of student learning, or its designee, shall provide information and take other appropriate steps to inform elementary school teachers, principals, curriculum directors, superintendents, school board members, college and university reading instruction faculty, and others of its findings.

      (2) The center, in cooperation with state-wide organizations interested in improving literacy, also shall develop and implement strategies to improve reading instruction in the state, with a special emphasis on the instruction of reading in the primary grades using the effective reading programs that have been identified in accordance with section 1 of this act. The strategies may include, but should not be limited to, expanding and improving reading instruction of elementary school teachers in teacher preparation programs, expanded in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing state-wide and regional technical assistance in reading instruction.

      (3) The center shall submit a status report to appropriate committees of the legislature by December 31, 1996, regarding its efforts to implement section 1 of this act and subsections (1) and (2) of this section. The report shall include a description of safeguards enacted to ensure the integrity and objectivity of the assistance and advice provided by the center.

      Sec. 5. RCW 28A.300.130 and 1993 c 336 s 501 are each amended to read as follows:

      (1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, and institutions of higher education.

      (2) The center shall:

      (a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;

      (b) Serve as a clearinghouse for information regarding successful educational restructuring and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational restructuring initiatives in Washington schools and districts;

      (c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve reading instruction; school improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; and other programs that will assist educators in helping students learn the essential academic learning requirements;

      (d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;

      (e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;

      (f) Take other actions to increase public awareness of the importance of parental and community involvement in education;

      (g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015;

      (h) Provide training and consultation services;

      (i) Address methods for improving the success rates of certain ethnic and racial student groups; and

      (j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.

      (3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.

      (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2) (d) and (e) of this section. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

      (5) The superintendent shall report annually to the commission on student learning on the activities of the center.

      NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      NEW SECTION. Sec. 7. If specific funding for sections 2 and 3 of this act, referencing this act by bill or chapter number and section number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, sections 2 and 3 of this act are null and void."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe and Johnson to Engrossed Second Substitute House Bill No. 2909.

      The motion by Senator McAuliffe carried and the striking amendment was adopted.


MOTIONS


      On motion of Senator McAuliffe, the following title amendment was adopted:

      On page 1, line 1 of the title, after "literacy;" strike the remainder of the title and insert "amending RCW 28A.300.130; adding new sections to chapter 28A.300 RCW; creating new sections; providing an expiration date; and declaring an emergency."

      On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 2909, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2909, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2909, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Absent: Senator Deccio - 1.

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2837, by Representatives Dyer, Cody and Murray (by request of Insurance Commissioner Senn)

 

Modifying the definition of medicare supplemental insurance or medicare supplement insurance policy.


      The bill was read the second time.


MOTION


      Senator Quigley moved that the following Committee on Health and Long-Term Care amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 48.66.020 and 1995 c 85 s 1 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Medicare supplemental insurance" or "medicare supplement insurance policy" refers to a group or individual policy of disability insurance or a subscriber contract of a health care service contractor, a health maintenance organization, or a fraternal benefit society, which relates its benefits to medicare, or which is advertised, marketed, or designed primarily as a supplement to reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare. Such term does not include:

      (a) A policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or combination thereof, for employees or former employees, or combination thereof, or for members or former members, or combination thereof, of the labor organizations; or

      (b) A policy issued pursuant to a contract under Section 1876 ((or Section 1833)) of the federal social security act (42 U.S.C. Sec. 1395 et seq.), or an issued policy under a demonstration ((project authorized pursuant to amendments to the federal social security act)) specified in 42 U.S.C. Sec. 1395ss(g)(1); or

      (c) Insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, that are not marketed or held to be medicare supplement policies or benefit plans.

      (2) "Medicare" means the "Health Insurance for the Aged Act," Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended.

      (3) "Medicare eligible expenses" means health care expenses of the kinds covered by medicare, to the extent recognized as reasonable and medically necessary by medicare.

      (4) "Applicant" means:

      (a) In the case of an individual medicare supplement insurance policy or subscriber contract, the person who seeks to contract for insurance benefits; and

      (b) In the case of a group medicare supplement insurance policy or subscriber contract, the proposed certificate holder.

      (5) "Certificate" means any certificate delivered or issued for delivery in this state under a group medicare supplement insurance policy.

      (6) "Loss ratio" means the incurred claims as a percentage of the earned premium computed under rules adopted by the insurance commissioner.

      (7) "Preexisting condition" means a covered person's medical condition that caused that person to have received medical advice or treatment during a specified time period immediately prior to the effective date of coverage.

      (8) "Disclosure form" means the form designated by the insurance commissioner which discloses medicare benefits, the supplemental benefits offered by the insurer, and the remaining amount for which the insured will be responsible.

      (9) "Issuer" includes insurance companies, health care service contractors, health maintenance organizations, fraternal benefit societies, and any other entity delivering or issuing for delivery medicare supplement policies or certificates to a resident of this state.

      Sec. 2. RCW 41.05.197 and 1993 c 492 s 223 are each amended to read as follows:

      (1) If a waiver of the medicare statute, Title XVIII of the federal social security act, sufficient to meet the requirements of chapter 492, Laws of 1993 is not granted on or before January 1, 1995, the medicare supplemental insurance policies authorized under RCW 41.05.195 shall be made available to any resident of the state eligible for medicare benefits. Except for those retired state or school district employees eligible to purchase medicare supplemental benefits through the authority and as provided for under subsection (2) of this section, persons purchasing a medicare supplemental insurance policy under this section shall be required to pay the full cost of any such policy.

      (2) Subject to the availability of appropriated funds, the funds shall be used to offset the premiums of persons purchasing a medicare supplemental insurance policy under this section for those persons whose family income is less than two hundred percent of the federal poverty level and who are not otherwise eligible as qualified medicare beneficiaries under the medicaid program eligibility rules in effect January 1996. The administrator shall design and implement a structure of premiums due from persons receiving the offset that is based upon gross family income, giving appropriate consideration to family size. The premium structure shall be similar in concept to the basic health plan subsidy structure under chapter 70.47 RCW, but may recognize differences in: (a) The health care provided under the medicare supplemental insurance policies; (b) the population served under this section; and (c) other factors. The offset shall be available to eligible persons purchasing a medicare supplemental insurance policy beginning October 1, 1997.

      NEW SECTION. Sec. 3. The legislature finds that rapid changes occurring in the provision of health insurance to our state's senior citizens through the federal medicare program may begin making prescription drugs more difficult to afford, especially for those living on fixed incomes near the poverty level. For this reason, the legislature determines there is need to move quickly and decisively to provide assistance to this vulnerable population so that new programs are in place as federal changes are implemented.

      NEW SECTION. Sec. 4. A new section is added to chapter 41.05 RCW to read as follows:

      (1) The administrator shall determine the activities required to establish a reasonable and cost-effective prescription drug insurance plan that would be made available to any state resident enrolled in medicare.

      (2) Unless there is a specific federal statutory prohibition, or except as provided in section 6 of this act, the administrator shall implement a comprehensive prescription drug insurance plan that, by January 1, 1998, must be made available to any state resident enrolled in medicare.

      (3) By December 1, 1996, the administrator shall report to the appropriate committees of the legislature and the health care policy board if, with the written advice of the attorney general, federal statutory prohibitions exist to implementation of this program, or if actual premium rates established following competitive bidding of the prescription drug insurance plan substantially exceed expectations, creating questions regarding public interest in the program.

The report shall include estimated premium costs, administrative costs to the state, and specific recommendations for removing any state or federal legislative or regulatory barriers to implementation of the insurance.

      (4) The administrator shall use any funds appropriated for this section to implement this section, including to offset premiums of the persons purchasing prescription drug insurance under this section for those persons whose family income is at or below two hundred percent of the federal poverty level and who are not receiving prescription drug benefits as qualified medicare beneficiaries. The administrator shall design and implement a structure of premiums due from persons receiving the offset that is based upon gross family income, giving appropriate consideration to family size. The premium structure must be similar to the basic health plan subsidy structure under chapter 70.47 RCW, but may reflect differences in: (a) The limited benefits provided under this act; (b) the population served; and (c) other factors. The offset must be available to eligible persons beginning January 1, 1998.

      NEW SECTION. Sec. 5. A new section is added to chapter 41.05 RCW to read as follows:

      The insurance commissioner shall adopt any rules needed to accommodate implementation of section 4 of this act. If timelines required under section 4 of this act require the adoption of rules on an emergency basis, the insurance commissioner shall do so.

      NEW SECTION. Sec. 6. In the event funds are not appropriated to implement section 4 of this act, including funds for a premium offset, the prescription drug insurance plan under section 4 of this act shall not be implemented until such time as funding is appropriated to fund the plan.

      NEW SECTION. Sec. 7. Sections 1 and 3 through 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


POINT OF ORDER


      Senator Johnson: "I rise to a point of order, Mr. President, and that is to object to the committee amendment being beyond the scope and object of Engrossed House Bill No. 2837. That bill is a very narrow bill; it is the amendment to state law in order to comply with federal--a change in federal law--regarding the definition of medicare and that is it. The committee amendment, however, adds to that two very substantial pieces. One is a subsidy program for medicare supplemental insurance, which has a price tag of around a hundred million dollars--according to the fiscal note--and another subsidy program for prescription drugs for qualified individuals. Furthermore, it grants to the Insurance Commissioner rule-making authority. Therefore, I urge that the President rule that this amendment is beyond the scope and object of Engrossed House Bill No. 2837."

      Further debate ensued.

      There being no objection, the President deferred further consideration of Engrossed House Bill No. 2837.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2758, by House Committee on Appropriations (originally sponsored by Representatives Huff, Cooke and Silver)

 

Measuring state fiscal conditions.


      The bill was read the second time.


MOTION


      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2758 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2758.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2758 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2758, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2535, by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Jacobsen and Carlson)

 

Adopting ethics standards for academic or scientific public service work.


      The bill was read the second time.


MOTION


      On motion of Senator Sheldon, the rules were suspended, Substitute House Bill No. 2535 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2535.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2535 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

      SUBSTITUTE HOUSE BILL NO. 2535, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Anderson, Senator Schow was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2320, by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Blanton, Radcliff, Backlund, Robertson, Hatfield, Mulliken, Sheldon, Hymes, Kessler, Carlson, Johnson, Thompson, Costa and Boldt)

 

Making certain sex offenders subject to life imprisonment without parole after two offenses.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 2320 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2320.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2320 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

      Voting nay: Senators Fairley, Kohl and Prentice - 3.

      Excused: Senator Schow - 1.

      SUBSTITUTE HOUSE BILL NO. 2320, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309, by House Committee on Health Care (originally sponsored by Representatives Dyer, Conway, Murray, D. Sommers, Dellwo, Cairnes, Ogden, Linville, Cody and Mason)

 

Revising regulation of hearing and speech professions.


      The bill was read the second time.


MOTIONS


      On motion of Senator Wojahn, the following Committee on Health and Long-Term Care amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 18.35 RCW to read as follows:

      It is the intent of this chapter to protect the public health, safety, and welfare; to protect the public from being misled by incompetent, unethical, and unauthorized persons; and to assure the availability of hearing and speech services of high quality to persons in need of such services.

      Sec. 2. RCW 18.35.010 and 1993 c 313 s 1 are each amended to read as follows:

      As used in this chapter, unless the context requires otherwise:

      (1) (("Department" means the department of health.

      (2))) "Assistive listening device or system" means an amplification system that is specifically designed to improve the signal to noise ratio for the listener, reduce interference from noise in the background, and enhance hearing levels at a distance by picking up sound from as close to source as possible and sending it directly to the ear of the listener, excluding hearing instruments as defined in this chapter.

      (2) "Certified audiologist" means a person who is certified by the department to engage in the practice of audiology and meets the qualifications in this chapter.

      (3) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function, processing, or vestibular function, the application of aural habilitation, rehabilitation, and appropriate devices including fitting and dispensing of hearing instruments, and cerumen management to treat such disorders.

      (4) "Board" means the board ((on fitting and dispensing)) of hearing ((aids)) and speech.

      (((3))) (5) "Department" means the department of health.

      (6) "Direct supervision" means that the supervisor is physically present and in the same room with the hearing instrument fitter/dispenser permit holder, observing the nondiagnostic testing, fitting, and dispensing activities of the hearing instrument fitter/dispenser permit holder at all times.

      (7) "Establishment" means any permanent site housing a person engaging in the practice of fitting and dispensing of hearing instruments by a hearing instrument fitter/dispenser or audiologist; where the client can have personal contact and counsel during the firm's business hours; where business is conducted; and the address of which is given to the state for the purpose of bonding.

      (8) "Facility" means any permanent site housing a person engaging in the practice of speech language pathology and/or audiology, excluding the sale, lease, or rental of hearing instruments.

      (9) "Fitting and dispensing of hearing instruments" means the sale, lease, or rental or attempted sale, lease, or rental of hearing instruments together with the selection and modification of hearing instruments and the administration of nondiagnostic tests as specified by RCW 18.35.110 and the use of procedures essential to the performance of these functions; and includes recommending specific hearing instrument systems, specific hearing instruments, or specific hearing instrument characteristics, the taking of impressions for ear molds for these purposes, the use of nondiagnostic procedures and equipment to verify the appropriateness of the hearing instrument fitting, and hearing instrument orientation. The fitting and dispensing of hearing instruments as defined by this chapter may be equally provided by a licensed hearing instrument fitter/dispenser or certified audiologist.

      (10) "Good standing" means a licensed hearing instrument fitter/dispenser or certified audiologist or speech language pathologist whose license or certificate has not been subject to sanctions pursuant to chapter 18.130 RCW or sanctions by other states, territories, or the District of Columbia in the last two years.

      (11) "Hearing ((aid)) instrument" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective human hearing and any parts, attachments, or accessories of such an instrument or device, excluding batteries and cords ((and)), ear molds, and assistive listening devices.

      (((4) "Fitting and dispensing of hearing aids" means the sale, lease, or rental or attempted sale, lease, or rental of hearing aids together with the selection and adaptation of hearing aids and the use of those tests and procedures essential to the performance of these functions. It includes the taking of impressions for ear molds for these purposes.

      (5))) (12) "Hearing instrument fitter/dispenser" means a person who is licensed to engage in the practice of fitting and dispensing of hearing instruments and meets the qualifications of this chapter.

      (13) "Hearing instrument fitter/dispenser permit holder" means a person who practices under the direct supervision of a licensed hearing instrument fitter/dispenser or certified audiologist.

      (14) "Secretary" means the secretary of health.

      (((6) "Establishment" means any facility engaged in the fitting and dispensing of hearing aids.))

      (15) "Certified speech-language pathologist" means a person who is certified by the department to engage in the practice of speech-language pathology and meets the qualifications of this chapter.

      (16) "Speech-language pathology" means the application of principles, methods, and procedures related to the development and disorders, whether of organic or nonorganic origin, that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and the application of augmentative communication treatment and devices for treatment of such disorders.

      Sec. 3. RCW 18.35.020 and 1989 c 198 s 1 are each amended to read as follows:

      No person shall engage in the fitting and dispensing of hearing ((aids)) instruments or imply or represent that he or she is engaged in the fitting and dispensing of hearing ((aids)) instruments unless he or she ((holds)) is a ((valid license)) licensed hearing instrument fitter/dispenser or a certified audiologist or holds a hearing instrument fitter/dispenser permit or audiology interim permit issued by the department as provided in this chapter and is an owner or employee of an establishment that is bonded as provided by RCW 18.35.240. The owner or manager of ((a)) an establishment that dispenses hearing ((aid establishment)) instruments is responsible under this chapter for all transactions made in the establishment name or conducted on its premises by agents or ((employees of)) persons employed by the establishment engaged in fitting and dispensing of hearing ((aids)) instruments. Every establishment that fits and dispenses shall have in its employ at least one licensed ((fitter-dispenser)) hearing instrument fitter/dispenser or certified audiologist at all times, and shall annually submit proof that all ((audiometric)) testing equipment at that establishment that is required by the board to be calibrated has been properly calibrated.

      Sec. 4. RCW 18.35.030 and 1983 c 39 s 3 are each amended to read as follows:

      Any person who engages in ((the)) fitting and dispensing of hearing ((aids)) instruments shall provide to each person who enters into an agreement to purchase a hearing ((aid)) instrument a receipt at the time of the agreement containing the following information:

      (1) The seller's name, signature, license, certificate, or permit number, address, and phone number of his or her regular place of business;

      (2) A description of the ((aid)) instrument furnished, including make, model, circuit options, and the term "used" or "reconditioned" if applicable;

      (3) A disclosure of the cost of all services including but not limited to the cost of testing and fitting, the actual cost of the hearing ((aid)) instrument furnished, the cost of ear molds if any, and the terms of the sale. These costs, including the cost of ear molds, shall be known as the total purchase price. The receipt shall also contain a statement of the purchaser's recision rights under this chapter and an acknowledgment that the purchaser has read and understands these rights. Upon request, the purchaser shall also be supplied with a signed and dated copy of any hearing evaluation performed by the seller.

      (4) At the time of delivery of the hearing ((aid)) instrument, the purchaser shall also be furnished with the serial number of the hearing ((aid)) instrument supplied.

      Sec. 5. RCW 18.35.040 and 1991 c 3 s 81 are each amended to read as follows:

      (1) An applicant for ((license shall be at least eighteen years of age)) licensure as a hearing instrument fitter/dispenser must have the following minimum qualifications and shall pay a fee determined by the secretary as provided in RCW 43.70.250. An applicant shall ((not)) be issued a license under the provisions of this chapter ((unless)) if the applicant:

      (((1))) (a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; or

      (((2))) (ii) Holds a current, unsuspended, unrevoked license ((or certificate)) from ((a state or jurisdiction with which the department has entered into a reciprocal agreement, and shows evidence satisfactory to the department that the applicant is licensed in good standing in the other jurisdiction)) another jurisdiction if the standards for licensing in such other jurisdiction are substantially equivalent to those prevailing in this state;

      (b) After December 31, 1996, has at least six months of apprenticeship training that meets requirements established by the board. The board may waive part or all of the apprenticeship training in recognition of formal education in fitting and dispensing of hearing instruments or in recognition of previous licensure in Washington or in another state, territory, or the District of Columbia;

      (c) Is at least twenty-one years of age; and

      (d) Has not committed unprofessional conduct as specified by the uniform disciplinary act.

      The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board.

      (2) An applicant for certification as a speech-language pathologist or audiologist must have the following minimum qualifications:

      (a) Has not committed unprofessional conduct as specified by the uniform disciplinary act;

      (b) Has a master's degree or the equivalent, or a doctorate degree or the equivalent, from a program at a board-approved institution of higher learning, which includes completion of a supervised clinical practicum experience as defined by rules adopted by the board; and

      (c) Has completed postgraduate professional work experience approved by the board.

      All qualified applicants must satisfactorily complete the speech-language pathology or audiology examinations required by this chapter.

      The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board.

      Sec. 6. RCW 18.35.050 and 1993 c 313 s 2 are each amended to read as follows:

      Except as otherwise provided in this chapter an applicant for license or certification shall appear at a time and place and before such persons as the department may designate to be examined by written ((and)) or practical tests, or both. ((The department shall give an examination in May and November of each year.)) Examinations in hearing instrument fitting/dispensing, speech-language pathology, and audiology shall be held within the state at least once a year. The examinations shall be reviewed annually by the board and the department, and revised as necessary. ((No examination of any established association may be used as the exclusive replacement for the examination unless approved by the board.)) The examinations shall include appropriate subject matter to ensure the competence of the applicant. Nationally recognized examinations in the fields of fitting and dispensing of hearing instruments, speech-language pathology, and audiology may be used to determine if applicants are qualified for licensure or certification. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee. The hearing instrument fitting/dispensing reexamination fee for hearing instrument fitter/dispensers and audiologists shall be set by the secretary under RCW 43.70.250.

      Sec. 7. RCW 18.35.060 and 1993 c 313 s 3 are each amended to read as follows:

      (1) The department shall issue a ((trainee license)) hearing instrument fitting/dispensing permit to any applicant who has shown to the satisfaction of the department that the applicant:

      (a) ((The applicant)) Is at least ((eighteen)) twenty-one years of age;

      (b) If issued a ((trainee license)) hearing instrument fitter/dispenser permit, would be employed and directly supervised in the fitting and dispensing of hearing ((aids)) instruments by a person licensed or certified in good standing as a ((fitter-dispenser)) hearing instrument fitter/dispenser or audiologist for at least ((one year)) two years unless otherwise approved by the board; ((and))

      (c) Has paid an application fee determined by the secretary as provided in RCW 43.70.250, to the department;

      (d) Has not committed unprofessional conduct as specified by the uniform disciplinary act; and

      (e) Is a high school graduate or the equivalent.

      The provisions of RCW 18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a ((trainee license)) hearing instrument fitter/dispenser permit. Pursuant to the provisions of this section, a person issued a ((trainee license)) hearing instrument fitter/dispenser permit may engage in the fitting and dispensing of hearing ((aids)) instruments without having first passed the hearing instrument fitter/dispenser examination provided under this chapter.

      (2) The ((trainee license)) hearing instrument fitter/dispenser permit shall contain the names of the ((person)) employer and the licensed or certified supervisor under this chapter who ((is)) are employing and supervising the ((trainee)) hearing instrument fitter/dispenser permit holder and ((that)) those persons shall execute an acknowledgment of responsibility for all acts of the ((trainee)) hearing instrument fitter/dispenser permit holder in connection with the fitting and dispensing of hearing ((aids)) instruments.

      (3) A ((trainee)) hearing instrument fitter/dispenser permit holder may fit and dispense hearing ((aids)) instruments, but only if the ((trainee)) hearing instrument fitter/dispenser permit holder is under the direct supervision of a ((person)) licensed hearing instrument fitter/dispenser or certified audiologist under this chapter in a capacity other than as a ((trainee)) hearing instrument fitter/dispenser permit holder. Direct supervision by a licensed ((fitter-dispenser)) hearing instrument fitter/dispenser or certified audiologist shall be required whenever the ((trainee)) hearing instrument fitter/dispenser permit holder is engaged in the fitting or dispensing of hearing ((aids)) instruments during the ((trainee's first three months of full-time)) hearing instrument fitter/dispenser permit holder's employment. The board shall develop and adopt guidelines on any additional supervision or training it deems necessary.

      (4) The ((trainee license)) hearing instrument fitter/dispenser permit shall expire one year from the date of its issuance except that on recommendation of the board the ((license)) permit may be reissued for one additional year only.

      (5) No ((person licensed)) certified audiologist or licensed hearing instrument fitter/dispenser under this chapter may assume the responsibility for more than ((two trainees)) one hearing instrument fitter/dispenser permit holder at any one time((, except that the department may approve one additional trainee if none of the trainees is within the initial ninety-day period of direct supervision and the licensee demonstrates to the department's satisfaction that adequate supervision will be provided for all trainees)).

      (6) The department, upon approval by the board, shall issue an interim permit authorizing an applicant for speech-language pathologist certification or audiologist certification who, except for the postgraduate professional experience and the examination requirements, meets the academic and practicum requirements of RCW 18.35.040 to practice under interim permit supervision by a certified speech-language pathologist or certified audiologist. The interim permit is valid for a period of one year from date of issuance. The board shall determine conditions for the interim permit.

      Sec. 8. RCW 18.35.070 and 1973 1st ex.s. c 106 s 7 are each amended to read as follows:

      The hearing instrument fitter/dispenser written or practical examination, or both, provided in RCW 18.35.050 shall consist of:

      (1) Tests of knowledge in the following areas as they pertain to the fitting of hearing ((aids)) instruments:

      (a) Basic physics of sound;

      (b) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and

      (c) Structure and function of hearing ((aids)) instruments.

      (2) Tests of proficiency in the following ((techniques)) areas as they pertain to the fitting of hearing ((aids)) instruments:

      (a) Pure tone audiometry, including air conduction testing and bone conduction testing;

      (b) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;

      (c) Effective masking;

      (d) Recording and evaluation of audiograms and speech audiometry to determine hearing ((aid)) instrument candidacy;

      (e) Selection and adaptation of hearing ((aids)) instruments and testing of hearing ((aids)) instruments; and

      (f) Taking ear mold impressions.

      (3) Evidence of knowledge regarding the medical and rehabilitation facilities for children and adults that are available in the area served.

      (4) Evidence of knowledge of grounds for revocation or suspension of license under the provisions of this chapter.

      (5) Any other tests as the ((department)) board may by rule establish.

      Sec. 9. RCW 18.35.080 and 1991 c 3 s 83 are each amended to read as follows:

      (1) The department shall license or certify each qualified applicant, without discrimination, who satisfactorily completes the required examinations for his or her profession and, upon payment of a fee determined by the secretary as provided in RCW 43.70.250 to the department, shall issue to the applicant a license or certificate. A person shall not knowingly make a false, material statement in an application for a license, certification, or permit or for a renewal of a license, certification, or permit.

      If a ((person)) prospective hearing instrument fitter/dispenser does not apply for a license within three years of the successful completion of the hearing instrument fitter/dispenser license examination, reexamination is required for licensure. The license shall be effective until the licensee's next birthday at which time it is subject to renewal. Subsequent renewal dates shall coincide with the licensee's birthday.

      (2) The board shall waive the examination and grant a speech-language pathology certificate to a person engaged in the profession of speech-language pathology in this state on the effective date of this section if the board determines that the person meets commonly accepted standards for the profession, as defined by rules adopted by the board. Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      (3) The board shall waive the examinations and grant an audiology certificate to a person engaged in the profession of audiology in this state on the effective date of this section if the board determines that the person meets the commonly accepted standards for the profession and has passed the hearing instrument fitter/dispenser examination. Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      (4) The board shall grant an audiology certificate to a person engaged in the profession of audiology, who has not been licensed as a hearing aid fitter/dispenser, but who meets the commonly accepted standards for the profession of audiology and graduated from a board-approved program after January 1, 1993, and has passed sections of the examination pertaining to RCW 18.35.070 (3), (4), and (5). Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      (5) Persons engaged in the profession of audiology who meet the commonly accepted standards for the profession of audiology and graduated from a board-approved program prior to January 1, 1993, and who have not passed the hearing instrument fitter/dispenser examination shall be granted a temporary audiology certificate (nondispensing) for a period of two years from the effective date of this section during which time they must pass sections of the hearing instrument fitter/dispenser examination pertaining to RCW 18.35.070 (1)(c), (2)(e) and (f), (3), (4), and (5). The board may extend the term of the temporary certificate upon review. Persons eligible for certification under this subsection must apply for a certificate before July 1, 1997.

      Sec. 10. RCW 18.35.085 and 1991 c 332 s 31 are each amended to read as follows:

      An applicant holding a credential in another state, territory, or the District of Columbia may be credentialed to practice in this state without examination if the board determines that the other state's credentialing standards are substantially equivalent to the standards in this state.

      Sec. 11. RCW 18.35.090 and 1991 c 3 s 84 are each amended to read as follows:

      Each person who engages in ((the fitting and dispensing of hearing aids)) practice under this chapter shall, as the department prescribes by rule, pay to the department a fee established by the secretary under RCW 43.70.250 for a renewal of the license, certificate, or permit and shall keep the license, certificate, or permit conspicuously posted in the place of business at all times. The license, certificate, or permit of any person who fails to renew his or her license ((prior to the expiration date must pay a penalty fee in addition to the renewal fee and satisfy the requirements)), certificate, or permit prior to the expiration date shall automatically lapse. Within three years from the date of lapse and upon recommendation of the board, the secretary may revive a lapsed license or certificate upon payment of all past unpaid renewal fees and a penalty fee to be determined by the secretary and satisfaction of any requirements, which may include reexamination, that may be set forth by rule promulgated by the secretary for reinstatement. The secretary may by rule establish mandatory continuing education requirements and/or continued competency standards to be met by licensees or certificate or permit holders as a condition for license, certificate, or permit renewal.

      Sec. 12. RCW 18.35.095 and 1993 c 313 s 12 are each amended to read as follows:

      (1) A ((person)) hearing instrument fitter/dispenser licensed under this chapter and not actively ((fitting and dispensing hearing aids)) practicing may be placed on inactive status by the department at the written request of the licensee. The board shall define by rule the conditions for inactive status licensure. In addition to the requirements of RCW 43.24.086, the licensing fee for a licensee on inactive status shall be directly related to the costs of administering an inactive license by the department. A ((person)) hearing instrument fitter/dispenser on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the licensing fee for the licensing year, and complying with subsection (2) of this section.

      (2) Hearing instrument fitter/dispenser inactive licensees applying for active licensure shall comply with the following: A licensee who has not fitted or dispensed hearing ((aids)) instruments for more than five years from the expiration of the licensee's full fee license shall retake the practical or the written, or both, hearing instrument fitter/dispenser examinations required under this chapter and ((shall have completed continuing education requirements within the previous twelve-month period. Persons who have been on inactive status from two to five years must have within the previous twelve months completed continuing education requirements. Persons who have been on inactive status for one year or less shall upon application be reinstated as active licensees)) other requirements as determined by the board. Persons who have inactive status in this state but who are actively licensed and in good standing in any other state shall not be required to ((meet continuing education requirements or to)) take the hearing instrument fitter/dispenser practical examination((s)), but must submit an affidavit attesting to their knowledge of the current Washington Administrative Code rules and Revised Code of Washington statutes pertaining to the fitting and dispensing of hearing ((aids)) instruments.

      (3) A speech-language pathologist or audiologist certified under this chapter and not actively practicing either speech-language pathology or audiology may be placed on inactive status by the department at the written request of the certificate holder. The board shall define by rule the conditions for inactive status certification. In addition to the requirements of RCW 43.24.086, the fee for a certificate on inactive status shall be directly related to the cost of administering an inactive certificate by the department. A person on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the fee for the year, and complying with subsection (4) of this section.

      (4) Speech-language pathologist or audiologist inactive certificate holders applying for active certification shall comply with requirements set forth by the board, which may include completion of continuing competency requirements and taking an examination.

      Sec. 13. RCW 18.35.100 and 1983 c 39 s 8 are each amended to read as follows:

      (1) Every ((person who holds a license)) hearing instrument fitter/dispenser, audiologist, speech-language pathologist, hearing instrument fitter/dispenser permit holder, or interim permit holder, who is regulated under this chapter, shall notify the department in writing of the regular address of the place or places in the state of Washington where the person ((engages or intends to engage in the fitting and dispensing of hearing aids)) practices or intends to practice more than twenty consecutive business days and of any change thereof within ten days of such change. Failure to notify the department in writing shall be grounds for suspension or revocation of license, certificate, or permit.

      (2) The department shall keep a record of the places of business of persons who hold licenses, certificates, or permits.

      (3) Any notice required to be given by the department to a person who holds a license, certificate, or permit may be given by mailing it to the address of the last ((place of business)) establishment or facility of which the person has notified the department, except that notice to a licensee or certificate or permit holder of proceedings to deny, suspend, or revoke the license, certificate, or permit shall be by certified or registered mail or by means authorized for service of process.

      Sec. 14. RCW 18.35.105 and 1989 c 198 s 6 are each amended to read as follows:

      Each licensee and certificate and permit holder under this chapter shall keep records of all services rendered for a ((period)) minimum of three years. These records shall contain the names and addresses of all persons to whom services were provided((,)). Hearing instrument fitter/dispensers, audiologists, and permit holders shall also record the date the hearing instrument warranty expires, a description of the services and the dates the services were provided, and copies of any contracts and receipts. All records, as required pursuant to this chapter or by rule, ((kept by licensees)) shall be owned by the establishment or facility and shall remain with the establishment or facility in the event the licensee or certificate holder changes employment. If a contract between the establishment or facility and the licensee or certificate holder provides that the records are to remain with the licensee or certificate holder, copies of such records shall be provided to the establishment or facility.

      Sec. 15. RCW 18.35.110 and 1993 c 313 s 4 are each amended to read as follows:

      In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed or holding a permit or certificate under this chapter may be subject to disciplinary action by the board for any of the following causes:

      (1) For unethical conduct in ((dealing in)) dispensing hearing ((aids)) instruments. Unethical conduct shall include, but not be limited to:

      (a) Using or causing or promoting the use of, in any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is false, misleading or deceptive;

      (b) Failing or refusing to honor or to perform as represented any representation, promise, agreement, or warranty in connection with the promotion, sale, dispensing, or fitting of the hearing ((aid)) instrument;

      (c) Advertising a particular model, type, or kind of hearing ((aid)) instrument for sale which purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing and where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised;

      (d) Falsifying hearing test or evaluation results;

      (e)(i) Whenever any of the following conditions are found or should have been found to exist either from observations by the licensee or certificate or permit holder or on the basis of information furnished by the prospective hearing ((aid)) instrument user prior to fitting and dispensing a hearing ((aid)) instrument to any such prospective hearing ((aid)) instrument user, failing to advise that prospective hearing ((aid)) instrument user in writing that the user should first consult a licensed physician specializing in diseases of the ear or if no such licensed physician is available in the community then to any duly licensed physician:

      (A) Visible congenital or traumatic deformity of the ear, including perforation of the eardrum;

      (B) History of, or active drainage from the ear within the previous ninety days;

      (C) History of sudden or rapidly progressive hearing loss within the previous ninety days;

      (D) Acute or chronic dizziness;

      (E) Any unilateral hearing loss;

      (F) Significant air-bone gap when generally acceptable standards have been established as defined by the food and drug administration;

      (G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;

      (H) Pain or discomfort in the ear; or

      (I) Any other conditions that the board may by rule establish. It is a violation of this subsection for any licensee or certificate holder or that licensee's or certificate holder's employees and putative agents upon making such required referral for medical opinion to in any manner whatsoever disparage or discourage a prospective hearing ((aid)) instrument user from seeking such medical opinion prior to the fitting and dispensing of a hearing ((aid)) instrument. No such referral for medical opinion need be made by any ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder in the instance of replacement only of a hearing ((aid)) instrument which has been lost or damaged beyond repair within ((six)) twelve months of the date of purchase. The ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder or ((the licensee's)) their employees or putative agents shall obtain a signed statement from the hearing ((aid)) instrument user documenting the waiver of medical clearance and the waiver shall inform the prospective user that signing the waiver is not in the user's best health interest: PROVIDED, That the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall maintain a copy of either the physician's statement showing that the prospective hearing ((aid)) instrument user has had a medical evaluation within the previous six months or the statement waiving medical evaluation, for a period of three years after the purchaser's receipt of a hearing ((aid)) instrument. Nothing in this section required to be performed by a licensee or certificate or permit holder shall mean that the licensee or certificate or permit holder is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited under the laws of this state;

      (ii) Fitting and dispensing a hearing ((aid)) instrument to any person under eighteen years of age who has not been examined and cleared for hearing ((aid)) instrument use within the previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or except in the case of the parents or guardian of such person refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person refuse, for good cause, to seek medical opinion, the ((licensee)) licensed hearing instrument fitter/dispenser or certified audiologist shall obtain from such parents or guardian a certificate to that effect in a form as prescribed by the department;

      (iii) Fitting and dispensing a hearing ((aid)) instrument to any person under eighteen years of age who has not been examined by an audiologist who holds at least a master's degree in audiology for recommendations during the previous six months, without first advising such person or his or her parents or guardian in writing that he or she should first consult an audiologist who holds at least a master's degree in audiology, except in cases of hearing ((aids)) instruments replaced within ((six)) twelve months of their purchase;

      (f) Representing that the services or advice of a person licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathy and surgery under chapter 18.57 RCW or of a clinical audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing ((aids)) instruments when that is not true, or using the word "doctor," "clinic," or other like words, abbreviations, or symbols which tend to connote a medical or osteopathic profession when such use is not accurate;

      (g) Permitting another to use his or her license, certificate, or permit;

      (h) Stating or implying that the use of any hearing ((aid)) instrument will restore normal hearing, preserve hearing, prevent or retard progression of a hearing impairment, or any other false, misleading, or medically or audiologically unsupportable claim regarding the efficiency of a hearing ((aid)) instrument;

      (i) Representing or implying that a hearing ((aid)) instrument is or will be "custom-made," "made to order," "prescription made," or in any other sense specially fabricated for an individual when that is not the case; or

      (j) Directly or indirectly offering, giving, permitting, or causing to be given, money or anything of value to any person who advised another in a professional capacity as an inducement to influence that person, or to have that person influence others to purchase or contract to purchase any product sold or offered for sale by the ((licensee)) hearing instrument fitter/dispenser, audiologist, or permit holder, or to influence any person to refrain from dealing in the products of competitors.

      (2) Engaging in any unfair or deceptive practice or unfair method of competition in trade within the meaning of RCW 19.86.020.

      (3) Aiding or abetting any violation of the rebating laws as stated in chapter 19.68 RCW.

      NEW SECTION. Sec. 16. A new section is added to chapter 18.35 RCW to read as follows:

      (1) A person who is not licensed with the secretary as a hearing instrument fitter/dispenser under the requirements of this chapter may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "licensed hearing instrument fitter/dispenser," "hearing instrument specialist," or "hearing aid fitter/dispenser," or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a licensed hearing instrument fitter/dispenser.

      (2) A person who is not certified with the secretary as a speech-language pathologist under the requirements of this chapter may not represent himself or herself as being so certified and may not use in connection with his or her name the words including "certified speech-language pathologist" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions as a certified speech-language pathologist.

      (3) A person who is not certified with the secretary as an audiologist under the requirements of this chapter may not represent himself or herself as being so certified and may not use in connection with his or her name the words "certified audiologist" or a variation, synonym, letter, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a certified audiologist.

      (4) A person who does not hold a permit issued by the secretary as a hearing instrument fitter/dispenser permittee under the requirements of this chapter may not represent himself or herself as being so permitted and may not use in connection with his or her name the words "hearing instrument fitter/dispenser permit holder" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a hearing instrument fitter/dispenser permit holder.

      (5) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the practice for which he or she is credentialed.

      Sec. 17. RCW 18.35.120 and 1983 c 39 s 10 are each amended to read as follows:

      A licensee or certificate or permit holder under this chapter may also be subject to disciplinary action if the licensee or certificate or permit holder:

      (1) Is found guilty in any court of any crime involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and ten years have not elapsed since the date of the conviction; or

      (2) Has a judgment entered against him or her in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in the action, but a license or certificate shall not be issued unless the judgment debt has been discharged; or

      (3) Has a judgment entered against him or her under chapter 19.86 RCW and two years have not elapsed since the entry of the final judgment; but a license or certificate shall not be issued unless there has been full compliance with the terms of such judgment, if any. The judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license or certificate unless the judgment arises out of and is based on acts of the applicant, licensee, certificate holder, or employee of the licensee or certificate holder; or

      (4) Commits unprofessional conduct as defined in RCW 18.130.180 of the uniform disciplinary act.

      Sec. 18. RCW 18.35.140 and 1993 c 313 s 5 are each amended to read as follows:

      The powers and duties of the department, in addition to the powers and duties provided under other sections of this chapter, are as follows:

      (1) To provide ((facilities)) space necessary to carry out the examination ((of applicants for license)) set forth in RCW 18.35.070 of applicants for hearing instrument fitter/dispenser licenses or audiology certification.

      (2) To authorize all disbursements necessary to carry out the provisions of this chapter.

      (3) To require the periodic examination of ((the audiometric)) testing equipment, as defined by the board, and to carry out the periodic inspection of facilities or establishments of persons who ((deal in hearing aids)) are licensed or certified under this chapter, as reasonably required within the discretion of the department.

      (4) To appoint advisory committees as necessary.

      (5) To keep a record of proceedings under this chapter and a register of all persons licensed, certified, or holding permits under this chapter. The register shall show the name of every living licensee or permit holder for hearing instrument fitting/dispensing, every living certificate or interim permit holder for speech-language pathology, every living certificate or interim permit holder for audiology, with his or her last known place of residence and the date and number of his or her license, permit, or certificate.

      Sec. 19. RCW 18.35.150 and 1993 c 313 s 6 are each amended to read as follows:

      (1) There is created hereby the board ((on fitting and dispensing of hearing aids)) of hearing and speech to govern the three separate professions: Hearing instrument fitting/dispensing, audiology, and speech-language pathology. The board shall consist of ((seven)) ten members to be appointed by the governor.

      (2) Members of the board shall be residents of this state. ((Two)) Three members shall represent the public and shall have an interest in the rights of consumers of health services, and shall not be or have been a member of, or married to a member of, another licensing board, a licensee of a health occupation board, an employee of a health facility, nor derive his or her primary livelihood from the provision of health services at any level of responsibility. Two members shall be ((persons experienced in the fitting of hearing aids)) hearing instrument fitter/dispensers who ((shall hold valid licenses)) are licensed under this chapter ((and who do not have a masters level college degree in audiology)), have at least five years of experience in the practice of hearing instrument fitting and dispensing, and must be actively engaged in fitting and dispensing within two years of appointment. Two members of the board shall be audiologists certified under this chapter who have at least five years of experience in the practice of audiology and must be actively engaged in practice within two years of appointment. Two members of the board shall be speech-language pathologists certified under this chapter who have at least five years of experience in the practice of speech-language pathology and must be actively engaged in practice within two years of appointment. One advisory nonvoting member shall be a medical ((or osteopathic)) physician ((specializing in diseases of the ear. Two members must be experienced in the fitting of hearing aids, must be licensed under this chapter, and shall have received at a minimum a masters level college degree in audiology)) licensed in the state of Washington.

      (3) The term of office of a member is three years. Of the initial appointments, one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and one consumer shall be appointed for a term of two years, and one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and two consumers shall be appointed for a term of three years. Thereafter, all appointments shall be made for expired terms. No member shall be appointed to serve more than two consecutive terms. A member shall continue to serve until a successor has been appointed. The governor shall either reappoint the member or appoint a successor to assume the member's duties at the expiration of his or her predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term.

      (4) ((The chair of the board shall be elected from the membership of the board at the beginning of each year.)) The chair shall rotate annually among the hearing instrument fitter/dispensers, speech-language pathologists, audiologists, and public members serving on the board. In the absence of the chair, the board shall appoint an interim chair. In event of a tie vote, the issue shall be brought to a second vote and the chair shall refrain from voting.

      (5) The board shall meet at least once each year, at a place, day and hour determined by the board, unless otherwise directed by a majority of board members. The board shall also meet at such other times and places as are requested by the department or by three members of the board. A quorum is a majority of the board. A hearing instrument fitter/dispenser, speech-language pathologist, and audiologist must be represented. Meetings of the board shall be open and public, except the board may hold executive sessions to the extent permitted by chapter 42.30 RCW.

      (6) Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      (7) The governor may remove a member of the board for cause at the recommendation of a majority of the board.

      Sec. 20. RCW 18.35.161 and 1993 c 313 s 7 are each amended to read as follows:

      The board shall have the following powers and duties:

      (1) To establish by rule such minimum standards and procedures in the fitting and dispensing of hearing ((aids)) instruments as deemed appropriate and in the public interest;

      (2) To develop guidelines on the training and supervision of ((trainees)) hearing instrument fitter/dispenser permit holders and to establish requirements regarding the extent of apprenticeship training and certification to the department;

      (3) To adopt any other rules necessary to implement this chapter and which are not inconsistent with it;

      (4) To develop, approve, and administer ((all licensing examinations required by this chapter)) or supervise the administration of examinations to applicants for licensure and certification under this chapter; ((and))

      (5) To require a licensee or certificate or permit holder to make restitution to any individual injured by a violation of this chapter or chapter 18.130 RCW, the uniform disciplinary act. The authority to require restitution does not limit the board's authority to take other action deemed appropriate and provided for in this chapter or chapter 18.130 RCW;

      (6) To pass upon the qualifications of applicants for licensure, certification, or permits and to certify to the secretary;

      (7) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license or certificate under this chapter;

      (8) To keep an official record of all its proceedings. The record is evidence of all proceedings of the board that are set forth in this record;

      (9) To adopt rules, if the board finds it appropriate, in response to questions put to it by professional health associations, hearing instrument fitter/dispensers or audiologists, speech-language pathologists, permit holders, and consumers in this state; and

      (10) To adopt rules relating to standards of care relating to hearing instrument fitter/dispensers or audiologists, including the dispensing of hearing instruments, and relating to speech-language pathologists, including dispensing of communication devices.

      NEW SECTION. Sec. 21. A new section is added to chapter 18.35 RCW to read as follows:

      Violation of the standards adopted by rule under RCW 18.35.161 is unprofessional conduct under this chapter and chapter 18.130 RCW.

      Sec. 22. RCW 18.35.172 and 1987 c 150 s 21 are each amended to read as follows:

      The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, certificates, and permits, and the discipline of licensees and certificate and permit holders under this chapter.

      Sec. 23. RCW 18.35.175 and 1983 c 39 s 21 are each amended to read as follows:

      It is unlawful to ((sell)) fit or dispense a hearing ((aid)) instrument to a resident of this state if the attempted sale or purchase is offered or made by telephone or mail order and there is no face-to-face contact to test or otherwise determine the needs of the prospective purchaser. This section does not apply to the sale of hearing ((aids)) instruments by wholesalers to licensees or certificate holders under this chapter.

      Sec. 24. RCW 18.35.180 and 1973 1st ex.s. c 106 s 18 are each amended to read as follows:

      Acts and practices in the course of trade in the promoting, advertising, selling, fitting, and dispensing of hearing ((aids)) instruments shall be subject to the provisions of chapter 19.86 RCW (Consumer Protection Act) and RCW 9.04.050 (False Advertising Act) and any violation of the provisions of this chapter shall constitute violation of RCW 19.86.020.

      Sec. 25. RCW 18.35.185 and 1993 c 313 s 9 are each amended to read as follows:

      (1) In addition to any other rights and remedies a purchaser may have, the purchaser of a hearing ((aid)) instrument shall have the right to rescind the transaction for other than the ((licensee's)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder's breach if:

      (a) The purchaser, for reasonable cause, returns the hearing ((aid)) instrument or holds it at the ((licensee's)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder's disposal, if the hearing ((aid)) instrument is in its original condition less normal wear and tear. "Reasonable cause" shall be defined by the board but shall not include a mere change of mind on the part of the purchaser or a change of mind related to cosmetic concerns of the purchaser about wearing a hearing ((aid)) instrument; and

      (b) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the establishment employing the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder at the time the hearing ((aid)) instrument was originally purchased, and the notice is posted not later than thirty days following the date of delivery, but the purchaser and the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder may extend the deadline for posting of the notice of rescission by mutual, written agreement. In the event the hearing ((aid is in the possession of the licensee or the licensee's representative)) instrument develops a problem which qualifies as a reasonable cause for recision or which prevents the purchaser from evaluating the hearing instrument, and the purchaser notifies the establishment employing the licensed hearing instrument fitter/dispenser, certified audiologist or permit holder of the problem during the thirty days following the date of delivery and documents such notification, the deadline for posting the notice of rescission shall be extended by an equal number of days ((that the aid is in the possession of the licensee or the licensee's representative)) as those between the date of the notification of the problem to the date of notification of availability for redeliveries. Where the hearing ((aid)) instrument is returned to the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder for any inspection for modification or repair, and the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder has notified the purchaser that the hearing ((aid)) instrument is available for redelivery, and where the purchaser has not responded by either taking possession of the hearing ((aid)) instrument or instructing the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder to forward it to the purchaser, then the deadline for giving notice of the recision shall ((begin)) extend no more than seven working days after this notice of availability.

      (2) If the transaction is rescinded under this section or as otherwise provided by law and the hearing ((aid)) instrument is returned to the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder, the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall refund to the purchaser any payments or deposits for that hearing ((aid)) instrument. However, the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder may retain, for each hearing ((aid, fifteen percent of the total purchase price or one hundred dollars, whichever is less)) instrument, fifteen percent of the total purchase price or one hundred twenty-five dollars, whichever is less. After December 31, 1996, the recision amount shall be determined by the board. The ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall also return any goods traded in contemplation of the sale, less any costs incurred by the ((licensee)) licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder in making those goods ready for resale. The refund shall be made within ten business days after the rescission. The buyer shall incur no additional liability for such rescission.

      (3) For the purposes of this section, the purchaser shall have recourse against the bond held by the establishment entering into a purchase agreement with the buyer, as provided by RCW 18.35.240.

      Sec. 26. RCW 18.35.190 and 1989 c 198 s 8 are each amended to read as follows:

      In addition to remedies otherwise provided by law, in any action brought by or on behalf of a person required to be licensed or certified or to hold a permit hereunder, or by any assignee or transferee ((thereof, arising out of the business of fitting and dispensing of hearing aids)), it shall be necessary to allege and prove that the licensee or certificate or permit holder at the time of the transaction held a valid license, certificate, or permit as required by this chapter, and that such license, certificate, or permit has not been suspended or revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160.

      Sec. 27. RCW 18.35.195 and 1983 c 39 s 22 are each amended to read as follows:

      (1) This chapter shall not apply to military or federal government employees((, nor shall it apply to)).

      (2) This chapter does not prohibit or regulate:

      (a) Fitting or dispensing by students enrolled in ((an accredited)) a board-approved program who are directly supervised by a licensed hearing ((aid)) instrument fitter/dispenser or certified audiologist under the provisions of this chapter; and

      (b) Hearing instrument fitter/dispensers, speech-language pathologists, or audiologists of other states, territories, or countries, or the District of Columbia while appearing as clinicians of bona fide educational seminars sponsored by speech-language pathology, audiology, hearing instrument fitter/dispenser, medical, or other healing art professional associations so long as such activities do not go beyond the scope of practice defined by this chapter.

      Sec. 28. RCW 18.35.205 and 1983 c 39 s 24 are each amended to read as follows:

      The legislature finds that the public health, safety, and welfare would best be protected by uniform regulation of hearing ((aid fitter-dispensers)) instrument fitter/dispensers, speech-language pathologists, audiologists, and permit holders throughout the state. Therefore, the provisions of this chapter relating to the licensing or certification of hearing ((aid fitter-dispensers and hearing aid)) instrument fitter/dispensers, speech-language pathologists, and audiologists and regulation of permit holders and their respective establishments or facilities is exclusive. No political subdivision of the state of Washington within whose jurisdiction a hearing ((aid)) instrument fitter/dispenser, audiologist, or speech-language pathologist establishment or facility is located may require any registrations, bonds, licenses, certificates, or permits of the establishment or facility or its employees or charge any fee for the same or similar purposes: PROVIDED, HOWEVER, That nothing herein shall limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied on all businesses, or to levy a tax based upon the gross business conducted by any firm within the political subdivision.

      Sec. 29. RCW 18.35.230 and 1989 c 198 s 9 are each amended to read as follows:

      (1) Each licensee or certificate or permit holder shall name a registered agent to accept service of process for any violation of this chapter or rule adopted under this chapter.

      (2) The registered agent may be released at the expiration of one year after the license, certificate, or permit issued under this chapter has expired or been revoked.

      (3) Failure to name a registered agent for service of process for violations of this chapter or rules adopted under this chapter may be grounds for disciplinary action.

      Sec. 30. RCW 18.35.240 and 1993 c 313 s 11 are each amended to read as follows:

      (1) Every establishment engaged in the fitting and dispensing of hearing ((aids)) instruments shall file with the department a surety bond in the sum of ten thousand dollars, running to the state of Washington, for the benefit of any person injured or damaged as a result of any violation by the establishment's employees or agents of any of the provisions of this chapter or rules adopted by the secretary.

      (2) In lieu of the surety bond required by this section, the establishment may file with the department a cash deposit or other negotiable security acceptable to the department. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.

      (3) If a cash deposit is filed, the department shall deposit the funds ((with the state treasurer)). The cash or other negotiable security deposited with the department shall be returned to the depositor one year after the establishment has discontinued the fitting and dispensing of hearing ((aids)) instruments if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing ((aids)) instruments in order that the cash deposit or other security may be released at the end of one year from that date.

      (4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.

      (5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.

      (6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked.

      (7) Each invoice for the purchase of a hearing ((aid)) instrument provided to a customer must clearly display on the first page the bond number of the establishment or the licensee ((selling)) or certificate or permit holder fitting/dispensing the hearing ((aid)) instrument.

      Sec. 31. RCW 18.35.250 and 1991 c 3 s 86 are each amended to read as follows:

      (1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or certificate or permit holder, agent, or establishment for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered.

      (2) An action upon the bond shall be commenced by serving and filing the complaint within one year from the date of the cancellation of the bond. An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing ((aids)) instruments by that establishment. Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started. The service constitutes service on the surety. The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.

      (3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond. In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license or certificate until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.

      (4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security.

      Sec. 32. RCW 18.130.040 and 1995 c 336 s 2, 1995 c 323 s 16, 1995 c 260 s 11, and 1995 c 1 s 19 (Initiative Measure No. 607) are each reenacted and amended to read as follows:

      (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

      (2)(a) The secretary has authority under this chapter in relation to the following professions:

      (i) Dispensing opticians licensed under chapter 18.34 RCW;

      (ii) Naturopaths licensed under chapter 18.36A RCW;

      (iii) Midwives licensed under chapter 18.50 RCW;

      (iv) Ocularists licensed under chapter 18.55 RCW;

      (v) Massage operators and businesses licensed under chapter 18.108 RCW;

      (vi) Dental hygienists licensed under chapter 18.29 RCW;

      (vii) Acupuncturists licensed under chapter 18.06 RCW;

      (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

      (ix) Respiratory care practitioners certified under chapter 18.89 RCW;

      (x) Persons registered or certified under chapter 18.19 RCW;

      (xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

      (xii) Nursing assistants registered or certified under chapter 18.79 RCW;

      (xiii) Health care assistants certified under chapter 18.135 RCW;

      (xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

      (xv) Sex offender treatment providers certified under chapter 18.155 RCW;

      (xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

      (xvii) Persons registered as adult family home operators under RCW 18.48.020; and

      (xviii) Denturists licensed under chapter 18.30 RCW.

      (b) The boards and commissions having authority under this chapter are as follows:

      (i) The podiatric medical board as established in chapter 18.22 RCW;

      (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

      (iii) The dental quality assurance commission as established in chapter 18.32 RCW;

      (iv) The board ((on fitting and dispensing)) of hearing ((aids)) and speech as established in chapter 18.35 RCW;

      (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

      (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

      (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

      (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

      (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

      (x) The board of physical therapy as established in chapter 18.74 RCW;

      (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

      (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

      (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

      (xiv) The veterinary board of governors as established in chapter 18.92 RCW.

      (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

      (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

      NEW SECTION. Sec. 33. RCW 18.35.170 and 1993 c 313 s 8 & 1973 1st ex.s. c 106 s 17 are each repealed.

      NEW SECTION. Sec. 34. The board of hearing and speech shall conduct a study in consultation with the governing authorities of the Washington hearing aid society, the Washington speech and hearing association, and the Washington society of audiology to develop recommendations on the appropriateness of a two-year degree as an entry level requirement for licensing hearing instrument fitter/dispensers under chapter 18.35 RCW. The study and recommendations, at a minimum, must include consideration of the fiscal impact of the proposal, the effect on access of the public to services, the feasibility of providing a two-year degree curriculum, and the status of those currently licensed as hearing instrument fitter/dispensers under chapter 18.35 RCW. The study must be coordinated with the state board for community and technical colleges and the department of health. The recommendations shall be presented to the senate health and human services and the house of representatives health care committees prior to January 1, 1998.

      NEW SECTION. Sec. 35. Recognizing the trend in utilization of speech-language pathologist assistants and audiologist assistants across practice settings, the board of hearing and speech shall, on an ongoing basis, collect data on: The number of assistants in specific practice settings; supervisor to speech-language pathologist assistant or audiologist assistant ratios; and the level of education and training of speech-language pathologist assistants and audiologist assistants.

      NEW SECTION. Sec. 36. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

      On motion of Senator Wojahn, the following title amendment was adopted:

      On page 1, line 1 of the title, after "professions;" strike the remainder of the title and insert "amending RCW 18.35.010, 18.35.020, 18.35.030, 18.35.040, 18.35.050, 18.35.060, 18.35.070, 18.35.080, 18.35.085, 18.35.090, 18.35.095, 18.35.100, 18.35.105, 18.35.110, 18.35.120, 18.35.140, 18.35.150, 18.35.161, 18.35.172, 18.35.175, 18.35.180, 18.35.185, 18.35.190, 18.35.195, 18.35.205, 18.35.230, 18.35.240, and 18.35.250; reenacting and amending RCW 18.130.040; adding new sections to chapter 18.35 RCW; creating new sections; and repealing RCW 18.35.170."


MOTION


      On motion of Senator Wojahn, the rules were suspended, Engrossed Substitute House Bill No. 2309, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Anderson, Senator Wood was excused.

      On motion of Senator Thibaudeau, Senator Quigley was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2309, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2309, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

      Excused: Senators Quigley, Schow and Wood - 3.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2309, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2467, by Representatives Pennington, Morris, Carlson, Boldt and Benton

 

Revising the definition of "major industrial development" for the purpose of growth management planning.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. In 1995 the legislature addressed the demand for siting of major industrial facilities by passage of Engrossed Senate Bill No. 5019, implementing a process for siting such activities outside urban growth areas. The legislature recognizes that the 1995 act requires consideration of numerous factors necessary to ensure that the community can reasonably accommodate a major industrial development outside an urban growth area.

      The legislature finds that the existing case-by-case procedure for evaluating and approving such a site under the 1995 act may operate to a community's economic disadvantage when a firm, for business reasons, must make a business location decision expeditiously. The legislature therefore finds that it would be useful to authorize, on a limited basis, and evaluate a process for identifying locations for major industrial activity in advance of specific proposals by an applicant.

      It is the purpose of this act (1) to authorize a pilot project under which a bank of major industrial development locations outside urban growth areas is created for use in expeditiously siting such a development; (2) to evaluate the impact of this process on the county's compliance with chapter 36.70A RCW; and (3) to encourage consolidation and planning, and environmental review procedures under chapter 36.70B RCW.

      NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

      (1) In addition to the major industrial development allowed under RCW 36.70A.365, a county required or choosing to plan under RCW 36.70A.040 that has a population greater than two hundred fifty thousand and that is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for designating a bank of no more than two master planned locations for major industrial activity outside urban growth areas.

      (2) A master planned location for major industrial developments outside an urban growth area may be included in the urban industrial land bank for the county if criteria including, but not limited to, the following are met:

      (a) New infrastructure is provided for and/or applicable impact fees are paid;

      (b) Transit-oriented site planning and traffic demand management programs are implemented;

      (c) Buffers are provided between the major industrial development and adjacent nonurban areas;

      (d) Environmental protection including air and water quality has been addressed and provided for;

      (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;

      (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands;

      (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and

      (h) An inventory of developable land has been conducted as provided in RCW 36.70A.365.

      (3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban growth area.

      (4) Final approval of inclusion of a master planned location in the urban industrial land bank shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of master planned locations may be considered at any time.

      (5) Once a master planned location has been included in the urban industrial land bank, manufacturing and industrial businesses that qualify as major industrial development under RCW 36.70A.365 may be located there.

      (6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW.

      (7) The authority of a county to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, 1998. However, any location included in the urban industrial land bank on December 31, 1998, shall remain available for major industrial development as long as the criteria of subsection (2) of this section continue to be met.

      (8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development may not be for the purpose of retail commercial development or multitenant office parks.

      NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

      On motion of Senator Haugen, the following title amendment was adopted:

      On page 1, line 1 of the title, after "developments;" strike the remainder of the title and insert "adding a new section to chapter 36.70A RCW; creating a new section; and declaring an emergency."


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2467, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Sutherland: "Senator Haugen, in Section 2, Subsection 2 (2(a), does the term 'infrastructure' include water sewer and drainage?"

      Senator Haugen: "Thank you, Senator Sutherland for asking me that question. Yes, 'infrastructure' includes water, sewer and drainage and one of the things, this will give assurance that all of those facilities are available for these particular sites."

      Senator Sutherland: "Thank you."

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2467, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2467, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

      Voting nay: Senator Fairley - 1.

      Excused: Senators Schow and Wood - 2.

      HOUSE BILL NO. 2467, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2179, by House Committee on Transportation (originally sponsored by Representatives Horn, Blanton, Scott, Mitchell, Quall and Thompson)

 

Regulating motor vehicle transactions involving buyer's agents.


      The bill was read the second time.


MOTION


      On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2179 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2179.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2179 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

      Excused: Senators Schow and Wood - 2.

      SUBSTITUTE HOUSE BILL NO. 2179, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2358, by House Committee on Law and Justice (originally sponsored by Representatives Costa, Ballasiotes, Chopp, Conway, Scott, Linville, Radcliff, Chappell, Dickerson, Hatfield, Quall, Murray, Cooke, Patterson, Cody, Keiser, Veloria and Kessler)

 

Increasing penalty assessments to support crime victim and witness programs.


      The bill was read the second time.


MOTIONS


      On motion of Senator Smith, the following Committee on Law and Justice amendments were considered simultaneously and were adopted:

      On page 1, line 5, insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that current funding for county victim-witness advocacy programs is inadequate. Also, the state crime victims compensation program should be enhanced to provide for increased benefits to families of victims who are killed as a result of a criminal act. It is the intent of the legislature to provide increased financial support for the county and state crime victim and witness programs by requiring offenders to pay increased penalty assessments upon conviction of a gross misdemeanor or felony crime. The increased financial support is intended to allow county victim/witness programs to more fully assist victims and witnesses through the criminal justice processes. On the state level, the increased funds will allow the remedial intent of the crime victims compensation program to be more fully served. Specifically, the increased funds from offender penalty assessments will allow more appropriate compensation for families of victims who are killed as a result of a criminal act, including reasonable burial benefits."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      On page 4, after line 14, insert the following:

      "Sec. 4. RCW 7.68.060 and 1990 c 3 s 501 are each amended to read as follows:

      (1) For the purposes of applying for benefits under this chapter, the rights, privileges, responsibilities, duties, limitations and procedures contained in RCW 51.28.020, 51.28.030, 51.28.040 and 51.28.060 ((as now or hereafter amended)) shall apply: PROVIDED, That no compensation of any kind shall be available under this chapter if:

      (a) An application for benefits is not received by the department within ((one year)) two years after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of dependents or beneficiaries accrued, unless the director has determined that "good cause" exists to expand the time permitted to receive the application. "Good cause" shall be determined by the department on a case-by-case basis and may extend the period of time in which an application can be received for up to five years after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of dependents or beneficiaries accrued; or

      (b) The criminal act is not reported by the victim or someone on his or her behalf to a local police department or sheriff's office within twelve months of its occurrence or, if it could not reasonably have been reported within that period, within twelve months of the time when a report could reasonably have been made. In making determinations as to reasonable time limits, the department shall give greatest weight to the needs of the victims.

      (2) This section shall apply only to criminal acts reported after December 31, 1985.

      (3) Because victims of childhood criminal acts may repress conscious memory of such criminal acts far beyond the age of eighteen, the rights of adult victims of childhood criminal acts shall accrue at the time the victim discovers or reasonably should have discovered the elements of the crime. In making determinations as to reasonable time limits, the department shall give greatest weight to the needs of the victim.

      Sec. 5. RCW 7.68.070 and 1993 sp.s. c 24 s 912 are each amended to read as follows:

      The right to benefits under this chapter and the amount thereof will be governed insofar as is applicable by the provisions contained in chapter 51.32 RCW ((as now or hereafter amended)) except as provided in this section:

      (1) The provisions contained in RCW 51.32.015, 51.32.030, 51.32.072, 51.32.073, 51.32.180, 51.32.190, and 51.32.200 ((as now or hereafter amended)) are not applicable to this chapter.

      (2) Each victim injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, or the victim's family or dependents in case of death of the victim, are entitled to benefits in accordance with this chapter, subject to the limitations under RCW 7.68.015. The rights, duties, responsibilities, limitations, and procedures applicable to a worker as contained in RCW 51.32.010 ((as now or hereafter amended)) are applicable to this chapter.

      (3) The limitations contained in RCW 51.32.020 ((as now or hereafter amended)) are applicable to claims under this chapter. In addition thereto, no person or spouse, child, or dependent of such person is entitled to benefits under this chapter when the injury for which benefits are sought, was:

      (a) The result of consent, provocation, or incitement by the victim, unless an injury resulting from a criminal act caused the death of the victim;

      (b) Sustained while the crime victim was engaged in the attempt to commit, or the commission of, a felony; or

      (c) Sustained while the victim was confined in any county or city jail, federal jail or prison or in any other federal institution, or any state correctional institution maintained and operated by the department of social and health services or the department of corrections, prior to release from lawful custody; or confined or living in any other institution maintained and operated by the department of social and health services or the department of corrections.

      (4) The benefits established upon the death of a worker and contained in RCW 51.32.050 ((as now or hereafter amended)) shall be the benefits obtainable under this chapter and provisions relating to payment contained in that section shall equally apply under this chapter: PROVIDED, That benefits for burial

expenses shall not exceed the ((maximum cost used by the department of social and health services for the funeral and burial of a deceased indigent person under chapter 74.08 RCW)) amount paid by the department in case of the death of a worker as provided in chapter 51.32 RCW in any claim: PROVIDED FURTHER, That if the criminal act results in the death of a victim who was not gainfully employed at the time of the criminal act, and who was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act;

      (a) Benefits payable to an eligible surviving spouse, where there are no children of the victim at the time of the criminal act who have survived the victim or where such spouse has legal custody of all of his or her children, shall be limited to burial expenses and a lump sum payment of seven thousand five hundred dollars without reference to number of children, if any;

      (b) Where any such spouse has legal custody of one or more but not all of such children, then such burial expenses shall be paid, and such spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars and any such child or children not in the legal custody of such spouse shall receive a lump sum of three thousand seven hundred fifty dollars to be divided equally among such child or children;

      (c) If any such spouse does not have legal custody of any of the children, the burial expenses shall be paid and the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars and any such child or children not in the legal custody of the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars to be divided equally among the child or children;

      (d) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the victim at the time of the criminal act shall receive a lump sum payment of three thousand seven hundred fifty dollars up to a total of two such children and where there are more than two such children the sum of seven thousand five hundred dollars shall be divided equally among such children.

      No other benefits may be paid or payable under these circumstances.

      (5) The benefits established in RCW 51.32.060 ((as now or hereafter amended)) for permanent total disability proximately caused by the criminal act shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That if a victim becomes permanently and totally disabled as a proximate result of the criminal act and was not gainfully employed at the time of the criminal act, the victim shall receive monthly during the period of the disability the following percentages, where applicable, of the average monthly wage determined as of the date of the criminal act pursuant to RCW 51.08.018 ((as now or hereafter amended)):

      (a) If married at the time of the criminal act, twenty-nine percent of the average monthly wage.

      (b) If married with one child at the time of the criminal act, thirty-four percent of the average monthly wage.

      (c) If married with two children at the time of the criminal act, thirty-eight percent of the average monthly wage.

      (d) If married with three children at the time of the criminal act, forty-one percent of the average monthly wage.

      (e) If married with four children at the time of the criminal act, forty-four percent of the average monthly wage.

      (f) If married with five or more children at the time of the criminal act, forty-seven percent of the average monthly wage.

      (g) If unmarried at the time of the criminal act, twenty-five percent of the average monthly wage.

      (h) If unmarried with one child at the time of the criminal act, thirty percent of the average monthly wage.

      (i) If unmarried with two children at the time of the criminal act, thirty-four percent of the average monthly wage.

      (j) If unmarried with three children at the time of the criminal act, thirty-seven percent of the average monthly wage.

      (k) If unmarried with four children at the time of the criminal act, forty percent of the average monthly wage.

      (l) If unmarried with five or more children at the time of the criminal act, forty-three percent of the average monthly wage.

      (6) The benefits established in RCW 51.32.080 ((as now or hereafter amended)) for permanent partial disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section equally apply under this chapter.

      (7) The benefits established in RCW 51.32.090 ((as now or hereafter amended)) for temporary total disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That no person is eligible for temporary total disability benefits under this chapter if such person was not gainfully employed at the time of the criminal act, and was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act.

      (8) The benefits established in RCW 51.32.095 ((as now or hereafter amended)) for continuation of benefits during vocational rehabilitation shall be benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That benefits shall not exceed five thousand dollars for any single injury.

      (9) The provisions for lump sum payment of benefits upon death or permanent total disability as contained in RCW 51.32.130 ((as now or hereafter amended)) apply under this chapter.

      (10) The provisions relating to payment of benefits to, for or on behalf of workers contained in RCW 51.32.040, 51.32.055, 51.32.100, 51.32.110, 51.32.120, 51.32.135, 51.32.140, 51.32.150, 51.32.160, and 51.32.210 ((as now or hereafter amended)) are applicable to payment of benefits to, for or on behalf of victims under this chapter.

      (11) No person or spouse, child, or dependent of such person is entitled to benefits under this chapter where the person making a claim for such benefits has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator(s) of the criminal act which gave rise to the claim.

      (12) In addition to other benefits provided under this chapter, victims of sexual assault are entitled to receive appropriate counseling. Fees for such counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080. Counseling services may include, if determined appropriate by the department, counseling of members of the victim's immediate family, other than the perpetrator of the assault.

      (13) Except for medical benefits authorized under RCW 7.68.080, no more than thirty thousand dollars shall be granted as a result of a single injury or death, except that benefits granted as the result of total permanent disability or death shall not exceed forty thousand dollars.

      (14) Notwithstanding other provisions of this chapter and Title 51 RCW, benefits payable for total temporary disability under subsection (7) of this section, shall be limited to fifteen thousand dollars.

      (15) Any person who is responsible for the victim's injuries, or who would otherwise be unjustly enriched as a result of the victim's injuries, shall not be a beneficiary under this chapter.

      (16) Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act, except to the extent that the costs for such services exceed service limits established by the department of social and health services or, during the 1993-95 fiscal biennium, to the extent necessary to provide matching funds for federal medicaid reimbursement.

      (17) In addition to other benefits provided under this chapter, immediate family members of a homicide victim may receive appropriate counseling to assist in dealing with the immediate, near-term consequences of the related effects of the homicide. Fees for counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080. Payment of counseling benefits under this section may not be provided to the perpetrator of the homicide. The benefits under this subsection may be provided only with respect to homicides committed on or after July 1, 1992."

      On motion of Senator Smith, the following title amendment was adopted:

      On page 1, line 2 of the title, after "amending" strike all material through "section" and insert "RCW 7.68.035, 7.68.060, and 7.68.070; creating new sections


MOTION


      On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 2358, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Sheldon, Senator Thibaudeau was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2358, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2358, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Zarelli - 46.

      Excused: Senators Schow, Thibaudeau and Wood - 3.

      SUBSTITUTE HOUSE BILL NO. 2358, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2219, by House Committee on Appropriations (originally sponsored by Representatives Foreman, Sheahan, Ballasiotes, Schoesler, Pennington, Mastin, Chandler, Delvin, Robertson, Campbell, Huff, Hickel, Thompson, Blanton, McMahan, Hargrove and Stevens)

 

Changing provisions relating to offenders.


      The bill was read the second time.


MOTIONS


      Senator Smith moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 5.60.060 and 1995 c 240 s 1 are each amended to read as follows:

      (1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

      (2)(a) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

      (b) A parent shall not be examined as to a communication made by that parent's minor child to the child's attorney after the filing of juvenile offender criminal charges, if the parent was present at the time of the communication. This privilege does not extend to communications made prior to filing of charges.

      (3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

      (4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

      (a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

      (b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

      (5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

      (6)(a) A peer support group counselor shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the counselor by the officer while receiving counseling. The counselor must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in counseling. The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor. The privilege does not apply if the counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the law enforcement officer.

      (b) For purposes of this section, "peer support group counselor" means a:

      (i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or

      (ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity.

      Sec. 2. RCW 9.94A.030 and 1995 c 268 s 2, 1995 c 108 s 1, and 1995 c 101 s 2 are each reenacted and amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

      (2) "Commission" means the sentencing guidelines commission.

      (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

      (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120(6) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

      (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

      (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

      (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

      (8) "Confinement" means total or partial confinement as defined in this section.

      (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

      (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

      (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

      (12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

      (b) "Criminal history" shall always include juvenile convictions for sex offenses and serious violent offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(9); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

      (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

      (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

      (15) "Department" means the department of corrections.

      (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

      (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

      (18) "Drug offense" means:

      (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

      (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

      (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

      (19) "Escape" means:

      (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

      (20) "Felony traffic offense" means:

      (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

      (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

      (22)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

      (b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses and serious violent offenses.

      (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

      (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

      (b) Assault in the second degree;

      (c) Assault of a child in the second degree;

      (d) Child molestation in the second degree;

      (e) Controlled substance homicide;

      (f) Extortion in the first degree;

      (g) Incest when committed against a child under age fourteen;

      (h) Indecent liberties;

      (i) Kidnapping in the second degree;

      (j) Leading organized crime;

      (k) Manslaughter in the first degree;

      (l) Manslaughter in the second degree;

      (m) Promoting prostitution in the first degree;

      (n) Rape in the third degree;

      (o) Robbery in the second degree;

      (p) Sexual exploitation;

      (q) Vehicular assault;

      (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

      (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

      (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

      (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.

      (24) "Nonviolent offense" means an offense which is not a violent offense.

      (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older ((or)). "Offender also means a person who is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or who is under adult criminal court jurisdiction pursuant to RCW 13.04.030. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

      (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

      (27) "Persistent offender" is an offender who:

      (a) Has been convicted in this state of any felony considered a most serious offense; and

      (b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.

      (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

      (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

      (30) "Serious traffic offense" means:

      (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

      (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

      (31) "Serious violent offense" is a subcategory of violent offense and means:

      (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

      (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

      (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

      (33) "Sex offense" means:

      (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

      (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

      (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

      (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

      (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

      (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

      (37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

      (38) "Violent offense" means:

      (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

      (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

      (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

      (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

      (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

      (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

      (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

      Sec. 3. RCW 9.94A.040 and 1995 c 269 s 303 are each amended to read as follows:

      (1) A sentencing guidelines commission is established as an agency of state government.

      (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall((, following a public hearing or hearings)):

      (a) ((Devise a series of recommended standard sentence ranges for all felony offenses and a system for determining which range of punishment applies to each offender based on the extent and nature of the offender's criminal history, if any;

      (b) Devise recommended prosecuting standards in respect to charging of offenses and plea agreements; and

      (c) Devise recommended standards to govern whether sentences are to be served consecutively or concurrently.

      (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

      (4) In devising the standard sentence ranges of total and partial confinement under this section, the commission is subject to the following limitations:

      (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

      (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

      (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.020.

      (5) In carrying out its duties under subsection (2) of this section, the commission shall give consideration to the existing guidelines adopted by the association of superior court judges and the Washington association of prosecuting attorneys and the experience gained through use of those guidelines. The commission shall emphasize confinement for the violent offender and alternatives to total confinement for the nonviolent offender.

      (6) This commission shall conduct a study to determine the capacity of correctional facilities and programs which are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences which shall be consistent with such capacity.

      (7) The commission may)) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

      (i) The purposes of this chapter as defined in RCW 9.94A.010; and

      (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

      The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

      (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity((.));

      (((8) The commission shall)) (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification((.));

      (((9) The commission may (a))) (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (((b))) (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (((c))) (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system((.)) and the juvenile justice system;

      (((10) The staff and executive officer of the commission may provide staffing and services to the juvenile disposition standards commission, if authorized by RCW 13.40.025 and 13.40.027. The commission may conduct joint meetings with the juvenile disposition standards commission.

      (11) The commission shall)) (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, ((1997.)) 1996;

      (((12))) (f) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

      (i) Racial disproportionality in juvenile and adult sentencing;

      (ii) The capacity of state and local juvenile and adult facilities and resources; and

      (iii) Recidivism information on adult and juvenile offenders.

      (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

      (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

      (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

      (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

      (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

      (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

      Sec. 4. RCW 9.94A.060 and 1993 c 11 s 1 are each amended to read as follows:

      (1) The commission consists of ((sixteen)) twenty voting members, one of whom the governor shall designate as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be appointed by the governor, subject to confirmation by the senate.

      (2) The voting membership consists of the following:

      (a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;

      (b) The director of financial management or designee, as an ex officio member;

      (c) Until ((June 30, 1998, the chair of)) the indeterminate sentence review board ceases to exist pursuant to RCW 9.95.0011, the chair of the board, as an ex officio member;

      (d) The ((chair of the clemency and pardons board)) head of the state agency, or the agency head's designee, having responsibility for juvenile corrections programs, as an ex officio member;

      (e) Two prosecuting attorneys;

      (f) Two attorneys with particular expertise in defense work;

      (g) Four persons who are superior court judges;

      (h) One person who is the chief law enforcement officer of a county or city;

      (i) ((Three)) Four members of the public who are not ((and have never been)) prosecutors, defense attorneys, judges, or law enforcement officers, one of whom is a crime victim or a crime victims' advocate;

      (j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;

      (k) One person who is an elected official of a city government;

      (l) One person who is an administrator of juvenile court services.

      In making the appointments, the governor shall endeavor to assure that the commission membership includes adequate representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting attorney members, of the Washington state bar association in respect to the defense attorney members, of the association of superior court judges in respect to the members who are judges, ((and)) of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer, of the Washington state association of counties in respect to the member who is a county official, of the association of Washington cities in respect to the member who is a city official, of the office of crime victims advocacy and other organizations of crime victims in respect to the member who is a crime victim or crime victims' advocate, and of the Washington association of juvenile court administrators in respect to the member who is an administrator of juvenile court services.

      (3)(a) All voting members of the commission, except ex officio voting members, shall serve terms of three years and until their successors are appointed and confirmed. ((However, the governor shall stagger the terms by appointing four of the initial members for terms of one year, four for terms of two years, and four for terms of three years.))

      (b) The governor shall stagger the terms of the members appointed under subsection (2)(j) and (k) of this section by appointing one of them for a term of one year, one for a term of two years, and one for a term of three years.

      (4) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

      (5) The members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed by their respective houses as provided under RCW 44.04.120, as now existing or hereafter amended. Members shall be compensated in accordance with RCW 43.03.250.

      Sec. 5. RCW 9.94A.130 and 1984 c 209 s 7 are each amended to read as follows:

      The power to defer or suspend the imposition or execution of sentence is hereby abolished in respect to sentences prescribed for felonies committed after June 30, 1984, except for offenders sentenced under RCW 9.94A.120(((7)(a)))(8)(a), the special sexual offender sentencing alternative, or offenders sentenced under section 23 of this act, whose sentence may be suspended.

      Sec. 6. RCW 9.94A.360 and 1995 c 316 s 1 and 1995 c 101 s 1 are each reenacted and amended to read as follows:

      The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

      The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

      (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

      (2) Except as provided in subsection (4) of this section, class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.

      (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

      (4) Always include juvenile convictions for sex offenses and serious violent offenses. Include other class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include other class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.

      (5) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

      (6)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

      (i) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior adult offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;

      (ii) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score, except for juvenile prior convictions for violent offenses with separate victims, which shall count as separate offenses; and

      (iii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

      (b) As used in this subsection (6), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

      (7) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

      (8) If the present conviction is for a nonviolent offense and not covered by subsection (12) or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

      (9) If the present conviction is for a violent offense and not covered in subsection (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

      (10) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnaping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

      (11) If the present conviction is for Burglary 1, count prior convictions as in subsection (9) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.

      (12) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction.

      (13) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (9) of this section if the current drug offense is violent, or as in subsection (8) of this section if the current drug offense is nonviolent.

      (14) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

      (15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.

      (16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (8) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.

      (17) If the present conviction is for a sex offense, count priors as in subsections (8) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction.

      (18) If the present conviction is for an offense committed while the offender was under community placement or juvenile parole pursuant to RCW 13.40.215, add one point.

      Sec. 7. RCW 9.94A.390 and 1995 c 316 s 2 are each amended to read as follows:

      If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

      The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

      (1) Mitigating Circumstances

      (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

      (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

      (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

      (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

      (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

      (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

      (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

      (2) Aggravating Circumstances

      (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

      (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

      (c) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

      (i) The current offense involved multiple victims or multiple incidents per victim;

      (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

      (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

      (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (d) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:

      (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

      (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

      (iii) The current offense involved the manufacture of controlled substances for use by other parties;

      (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

      (v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

      (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

      (e) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127.

      (f) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

      (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.

      (i) The presumptive sentence is clearly too lenient in light of the purposes of this chapter as expressed in RCW 9.94A.010 considering the defendant's prior unscored juvenile misdemeanor or felony adjudications.

      Sec. 8. RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and amended to read as follows:

      (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state((,)) shall have exclusive original jurisdiction over all proceedings:

      (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

      (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

      (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

      (d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;

      (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, civil infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

      (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

      (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, civil infraction, or violation has expired; or

      (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic or civil infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

      (iv) The alleged offense is a traffic or civil infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over those offenses as provided in section 9 of this act; or

      (v) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

      If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

      (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

      (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age;

      (h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction; and

      (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.

      (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

      (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e)(i) through (((iv))) (vii) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

      (4) A parent, guardian, or custodian who has custody of any juvenile under juvenile court jurisdiction is subject to the jurisdiction of the juvenile court for purposes of enforcing required attendance at juvenile court hearings if the parent, guardian, or custodian is served with a summons.

      NEW SECTION. Sec. 9. A new section is added to chapter 13.04 RCW to read as follows:

      (1) Any county with a population of at least two hundred thousand but less than two hundred twenty thousand that has a city with a population of at least fifty-nine thousand may authorize a pilot project to allow courts of limited jurisdiction within the county to exercise concurrent jurisdiction with the juvenile court under certain circumstances. District and municipal courts of limited jurisdiction at the local option of the county or any city or town located within the county may exercise concurrent original jurisdiction with the juvenile court over traffic or civil infractions, violations of compulsory school attendance provisions under chapter 28A.225 RCW, and misdemeanors when those offenses are allegedly committed by juveniles and:

      (a)(i) The offense, which if committed by an adult, is punishable by sanctions that do not include incarceration; or

      (ii) The offender's standard range disposition does not include more than ten days in confinement as defined in RCW 13.40.020;

      (b) The court of limited jurisdiction has a computer system that is linked to the state-wide criminal history information data system used by juvenile courts to track and record juvenile offenders' criminal history;

      (c) The county legislative authority of the county has authorized creation of concurrent jurisdiction between the court of limited jurisdiction and the juvenile court; and

      (d) The court of limited jurisdiction has an agreement with officials responsible for administering the county juvenile detention facility pursuant to RCW 13.04.035 and 13.20.060 that the court may order juveniles into the detention facility for an offense in cases in which the court finds that a disposition without confinement would be a manifest injustice.

      (2) The juvenile court shall retain jurisdiction over the offense if the juvenile is charged with another offense arising out of the same incident and the juvenile court has jurisdiction over the other offense.

      (3) Jurisdiction under this section does not constitute a decline or transfer of juvenile court jurisdiction under RCW 13.40.110.

      (4) The procedural and disposition provisions of chapter 13.40 RCW shall apply to offenses prosecuted under this section.

      (5) All diversions and adjudications entered by a court of limited jurisdiction shall be included in an offender's criminal history as provided in chapter 13.40 RCW.

      (6) The provisions of this section shall be implemented as a pilot project in the county.

      Sec. 10. RCW 13.40.010 and 1992 c 205 s 101 are each amended to read as follows:

      (1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.

      (2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that ((both)) communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:

      (a) Protect the citizenry from criminal behavior;

      (b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;

      (c) Make the juvenile offender accountable for his or her criminal behavior;

      (d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;

      (e) Provide due process for juveniles alleged to have committed an offense;

      (f) Promote equitable treatment of juveniles and their families without regard to race, ethnicity, gender, creed, or religion;

      (g) Provide necessary treatment, supervision, and custody for juvenile offenders;

      (((g))) (h) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;

      (((h))) (i) Provide for restitution to victims of crime;

      (((i))) (j) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels; ((and

      (j))) (k) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services; and

      (l) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.

      Sec. 11. RCW 13.40.020 and 1995 c 395 s 2 and 1995 c 134 s 1 are each reenacted and amended to read as follows:

      For the purposes of this chapter:

      (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

      (a) A class A felony, or an attempt to commit a class A felony;

      (b) Manslaughter in the first degree; or

      (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon;

      (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

      (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to RCW 13.40.125. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

      (a) Community-based sanctions;

      (b) Community-based rehabilitation;

      (c) Monitoring and reporting requirements;

      (d) Posting of a probation bond ((imposed pursuant to RCW 13.40.0357)) as provided in RCW 13.40.054;

      (4) Community-based sanctions may include one or more of the following:

      (a) A fine, not to exceed one hundred dollars;

      (b) Community service not to exceed one hundred fifty hours of service;

      (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

      (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

      (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

      (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

      (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

      (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

      (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;

      (10) "Department" means the department of social and health services;

      (11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

      (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

      (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

      (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult criminal court jurisdiction pursuant to RCW 13.04.030;

      (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

      (16) "Manifest injustice" means a disposition that would ((either)) impose an excessive penalty on the juvenile ((or)), would impose a serious, and clear danger to society in light of the purposes of this chapter, or would fail to support the juvenile's need for sex offender treatment;

      (17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

      (18) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories:

      (a) Four misdemeanors;

      (b) Two misdemeanors and one gross misdemeanor;

      (c) One misdemeanor and two gross misdemeanors; and

      (d) Three gross misdemeanors.

      For purposes of this definition, current violations shall be counted as misdemeanors;

      (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

      (20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

      (21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

      (22) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

      (23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

      (24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

      (25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

      (26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

      (27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

      (28) "Violent offense" means a violent offense as defined in RCW 9.94A.030;

      (29) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

      (30) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case.

      Sec. 12. RCW 13.40.025 and 1995 c 269 s 302 are each amended to read as follows:

      (1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

      (2) The commission shall be composed of the secretary or the secretary's designee and the following nine members appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

      (3) The secretary or the secretary's designee shall serve as chairman of the commission.

      (4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

      (5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

      (6) The commission shall cease to exist on June 30, ((1997)) 1996, and its powers and duties shall be transferred to the sentencing guidelines commission established under RCW 9.94A.040.

      Sec. 13. RCW 13.40.027 and 1993 c 415 s 9 are each amended to read as follows:

      (1) It is the responsibility of the sentencing guidelines commission to: (a)(i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, (ii) specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and (iii) review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; (b) solicit the comments and suggestions of the juvenile justice community concerning disposition standards; and (c) make recommendations to the legislature regarding revisions or modifications of the disposition standards in accordance with RCW 13.40.030. The evaluations shall be submitted to the legislature on December 1 of each even-numbered year ((thereafter)).

      (2) It is the responsibility of the department to: (a) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; and (b) ((at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (c))) provide the commission and legislature with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW.

      Sec. 14. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

      (1)(((a))) The ((juvenile disposition standards)) sentencing guidelines commission shall recommend to the legislature no later than ((November 1st of each year)) July 1, 1997, disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole ((not to exceed eighteen months)). Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. ((In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

      (b) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.))

      (2) ((In developing recommendations for the permissible ranges of confinement under this section the commission shall be subject to the following limitations:

      (a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

      (b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

      (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.)) The commission's recommendations for new disposition standards shall result in a simplified disposition system. In setting the new standards, the commission shall focus on the need to protect public safety by emphasizing punishment, deterrence, and confinement for violent and repeat offenders. The seriousness of the offense shall be the most important factor in determining the length of confinement, while the offender's age and criminal history shall count as contributing factors. The commission shall consider whether juveniles prosecuted under the juvenile justice system for committing violent, sex, or repeated property offenses should be automatically prosecuted as adults when their term of confinement under the adult sentencing system is longer than their term of confinement under the juvenile system. The commission shall consider the option of allowing the prosecutor to determine in which system the juvenile should be prosecuted based on the anticipated length of confinement in both systems if the court imposes an exceptional sentence for manifest injustice above the standard range as requested by the prosecutor. The commission shall increase judicial flexibility and discretion by broadening standard ranges of confinement. The commission shall provide for the use of basic training camp programs. Alternatives to total confinement shall be considered for nonviolent offenders. The commission must also study the feasibility of creating a disposition option allowing a court to order minor/first or middle offenders into inpatient substance abuse treatment. To determine the feasibility of that option, the commission must review the number of existing beds and funding available through private, county, state, or federal resources, criteria for eligibility for funding, competing avenues of access to those beds, the current system's method of prioritizing the needs for limited bed space, the average length of stay in inpatient treatment, the costs of that treatment, and the cost effectiveness of inpatient treatment compared to outpatient treatment.

      In setting new standards, the commission must also recommend disposition and institutional options for serious or chronic offenders between the ages of fifteen and twenty-five who currently must either be released from juvenile court jurisdiction at age twenty-one or who are prosecuted as adults because the juvenile system is inadequate to address the seriousness of their crimes, their rehabilitation needs, or public safety. One option must include development of a youthful offender disposition option that combines adult criminal sentencing guidelines and juvenile disposition standards and addresses: (a) Whether youthful offenders would be under jurisdiction of the department of corrections or the department of social and health services; (b) whether current age restrictions on juvenile court jurisdiction would be modified; and (c) whether the department of social and health services or the department of corrections would provide institutional and community correctional services. The option must also recommend an implementation timeline and plan, identify funding and capital construction or improvement options to provide separate facilities for youthful offenders, and identify short and long-term fiscal impacts.

      In developing the new standards, the commission must review disposition options in other states and consult with interested parties including superior court judges, prosecutors, defense attorneys, juvenile court administrators, victims advocates, the department of corrections and the department of social and health services, and members of the legislature.

      NEW SECTION. Sec. 15. A new section is added to chapter 13.40 RCW to read as follows:

      The secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the report it submits to the legislature pursuant to this section. The report shall be submitted no later than December 15th of each year.

      Sec. 16. RCW 13.40.0357 and 1995 c 395 s 3 are each amended to read as follows:

SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY


                                                                                                       JUVENILE

    JUVENILE                                                                                DISPOSITION

   DISPOSITION                                                                                           CATEGORY FOR ATTEMPT,

      OFFENSE                                                                              BAILJUMP, CONSPIRACY,

    CATEGORY                             DESCRIPTION (RCW CITATION)     OR SOLICITATION

________.........


                                      Arson and Malicious Mischief

      A                             Arson 1 (9A.48.020)                                               B+

      B                             Arson 2 (9A.48.030)                                               C

      C                             Reckless Burning 1 (9A.48.040)            D

      D                             Reckless Burning 2 (9A.48.050)            E

      B                             Malicious Mischief 1 (9A.48.070)         C

      C                             Malicious Mischief 2 (9A.48.080)         D

      D                             Malicious Mischief 3 (<$50 is

                                      E class) (9A.48.090)                                               E

      E                             Tampering with Fire Alarm

                                      Apparatus (9.40.100)                                              E

      A                             Possession of Incendiary Device

                                      (9.40.120)                                                               B+


                                      Assault and Other Crimes

                                      Involving Physical Harm

      A                             Assault 1 (9A.36.011)                            B+

      B+                           Assault 2 (9A.36.021)                            C+

      C+                           Assault 3 (9A.36.031)                            D+

      D+                          Assault 4 (9A.36.041)                            E

      B+                           Reckless Endangerment 1 (9A.36.045)                  C+

      D+                          Reckless Endangerment

                                      (9A.36.050)                                            E

      C+                           Promoting Suicide Attempt

                                      (9A.36.060)                                            D+

      D+                          Coercion (9A.36.070)                             E

      C+                           Custodial Assault (9A.36.100)                               D+


                                      Burglary and Trespass

      B+                           Burglary 1 (9A.52.020)                          C+

      B                             Residential Burglary (9A.52.025)          C

      B                             Burglary 2 (9A.52.030)                          C

      D                             Burglary Tools (Possession of)

                                      (9A.52.060)                                            E

      D                             Criminal Trespass 1 (9A.52.070)           E

      E                             Criminal Trespass 2 (9A.52.080)           E

      D                             Vehicle Prowling (9A.52.100)                               E


                                      Drugs

      E                             Possession/Consumption of Alcohol

                                      (66.44.270)                                             E

      C                             Illegally Obtaining Legend Drug

                                      (69.41.020)                                             D

      C+                           Sale, Delivery, Possession of Legend

                                      Drug with Intent to Sell

                                      (69.41.030)                                             D+

      E                             Possession of Legend Drug

                                      (69.41.030)                                             E

      B+                           Violation of Uniform Controlled

                                      Substances Act - Narcotic Sale

                                      (69.50.401(a)(1)(i))                                                B+

      C                             Violation of Uniform Controlled

                                      Substances Act - Nonnarcotic Sale

                                      (69.50.401(a)(1)(ii))                                               C

      E                             Possession of Marihuana <40 grams

                                      (69.50.401(e))                                         E

      C                             Fraudulently Obtaining Controlled

                                      Substance (69.50.403)                            C

      C+                           Sale of Controlled Substance

                                      for Profit (69.50.410)                              C+

      E                             Unlawful Inhalation (9.47A.020)           E

      B                             Violation of Uniform Controlled

                                      Substances Act - Narcotic

                                      Counterfeit Substances

                                      (69.50.401(b)(1)(i))                                                B

      C                             Violation of Uniform Controlled

                                      Substances Act - Nonnarcotic

                                      Counterfeit Substances

                                      (69.50.401(b)(1) (ii), (iii), (iv))                               C

      C                             Violation of Uniform Controlled

                                      Substances Act - Possession of a

                                      Controlled Substance

                                      (69.50.401(d))                                         C

      C                             Violation of Uniform Controlled

                                      Substances Act - Possession of a

                                      Controlled Substance

                                      (69.50.401(c))                                         C


                                      Firearms and Weapons

      E                             Carrying Loaded Pistol Without

                                      Permit (9.41.050)                                    E

      C                             Possession of Firearms by

                                      Minor (<18) (9.41.040(1)(((e)))(b)(iv))                  C

      D+                          Possession of Dangerous Weapon

                                      (9.41.250)                                                               E

      D                             Intimidating Another Person by use

                                      of Weapon (9.41.270)                             E


                                      Homicide

      A+                          Murder 1 (9A.32.030)                            A

      A+                          Murder 2 (9A.32.050)                            B+

      B+                           Manslaughter 1 (9A.32.060)                                  C+

      C+                           Manslaughter 2 (9A.32.070)                                  D+

      B+                           Vehicular Homicide (46.61.520)            C+


                                      Kidnapping

      A                             Kidnap 1 (9A.40.020)                             B+

      B+                           Kidnap 2 (9A.40.030)                             C+

      C+                           Unlawful Imprisonment

                                      (9A.40.040)                                            D+


                                      Obstructing Governmental Operation

      E                             Obstructing a Law Enforcement Officer

                                      (9A.76.020)                                            E

      E                             Resisting Arrest (9A.76.040)                                  E

      B                             Introducing Contraband 1

                                      (9A.76.140)                                            C

      C                             Introducing Contraband 2

                                      (9A.76.150)                                            D

      E                             Introducing Contraband 3

                                      (9A.76.160)                                            E

      B+                           Intimidating a Public Servant

                                      (9A.76.180)                                            C+

      B+                           Intimidating a Witness

                                      (9A.72.110)                                            C+


                                      Public Disturbance

      C+                           Riot with Weapon (9A.84.010)                              D+

      D+                          Riot Without Weapon

                                      (9A.84.010)                                            E

      E                             Failure to Disperse (9A.84.020)                             E

      E                             Disorderly Conduct (9A.84.030)            E


                                      Sex Crimes

      A                             Rape 1 (9A.44.040)                                                B+

      A-                           Rape 2 (9A.44.050)                                                B+

      C+                           Rape 3 (9A.44.060)                                                D+

      A-                           Rape of a Child 1 (9A.44.073)                               B+

      B                             Rape of a Child 2 (9A.44.076)                               C+

      B                             Incest 1 (9A.64.020(1))                          C

      C                             Incest 2 (9A.64.020(2))                          D

      D+                          Indecent Exposure

                                      (Victim <14) (9A.88.010)                      E

      E                             Indecent Exposure

                                      (Victim 14 or over) (9A.88.010)            E

      B+                           Promoting Prostitution 1

                                      (9A.88.070)                                            C+

      C+                           Promoting Prostitution 2

                                      (9A.88.080)                                            D+

      E                             O & A (Prostitution) (9A.88.030)          E

      B+                           Indecent Liberties (9A.44.100)                               C+

      B+                           Child Molestation 1 (9A.44.083)            C+

      C+                           Child Molestation 2 (9A.44.086)            C

      C                             Failure to Register

                                      (For Class A Felony) (9A.44.130)          D

      D                             Failure to Register

                                      (For Class B Felony or Less)

                                      (9A.44.130)                                            E


                                      Theft, Robbery, Extortion, and Forgery

      B                             Theft 1 (9A.56.030)                                                C

      C                             Theft 2 (9A.56.040)                                                D

      D                             Theft 3 (9A.56.050)                                                E

      B                             Theft of a Firearm (9A.56.300)                              C

      B                             Theft of Livestock (9A.56.080)                              C

      C                             Forgery (9A.60.020)                                               D

      A                             Robbery 1 (9A.56.200)                           B+

      B+                           Robbery 2 (9A.56.210)                           C+

      B+                           Extortion 1 (9A.56.120)                         C+

      C+                           Extortion 2 (9A.56.130)                         D+

      B                             Possession of Stolen Property 1

                                      (9A.56.150)                                            C

      C                             Possession of Stolen Property 2

                                      (9A.56.160)                                            D

      D                             Possession of Stolen Property 3

                                      (9A.56.170)                                            E

      C                             Taking Motor Vehicle Without

                                      Owner's Permission (9A.56.070)            D


                                      Motor Vehicle Related Crimes

      E                             Driving Without a License

                                      (46.20.021)                                             E

      C                             Hit and Run - Injury

                                      (46.52.020(4))                                         D

      D                             Hit and Run-Attended

                                      (46.52.020(5))                                         E

      E                             Hit and Run-Unattended

                                      (46.52.010)                                             E

      C                             Vehicular Assault (46.61.522)                                D

      C                             Attempting to Elude Pursuing

                                      Police Vehicle (46.61.024)                     D

      E                             Reckless Driving (46.61.500)                                 E

      D                             Driving While Under the Influence

                                      (46.61.502 and 46.61.504)                      E

      D                             Vehicle Prowling (9A.52.100)                               E

      C                             Taking Motor Vehicle Without

                                      Owner's Permission (9A.56.070)            D


                                      Other

      B                             Bomb Threat (9.61.160)                         C

      C                             Escape 11 (9A.76.110)                           C

      C                             Escape 21 (9A.76.120)                           C

      D                             Escape 3 (9A.76.130)                             E

      C                             Stalking (Repeat) (9A.46.110)                               D

      D                             Stalking (1st Time) (9A.46.110)                            E

      E                             Obscene, Harassing, Etc.,

                                      Phone Calls (9.61.230)                           E

      A                             Other Offense Equivalent to an

                                      Adult Class A Felony                             B+

      B                             Other Offense Equivalent to an

                                      Adult Class B Felony                             C

      C                             Other Offense Equivalent to an

                                      Adult Class C Felony                             D

      D                             Other Offense Equivalent to an

                                      Adult Gross Misdemeanor                     E

      E                             Other Offense Equivalent to an

                                      Adult Misdemeanor                                                E

      V                             Violation of Order of Restitution,

                                      Community Supervision, or

                                      Confinement2 (13.40.200)((2))                                V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:


      1st escape or attempted escape during 12-month period - 4 weeks confinement

      2nd escape or attempted escape during 12-month period - 8 weeks confinement

      3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement


2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

 

SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR


      For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


TIME SPAN


  OFFENSE                                     0-12                                       13-24                      25 Months

  CATEGORY                               Months                                   Months                    or More

______________.....

      A+                                          .9                                             .9                             .9

      A                                             .9                                             .8                             .6

      A-                                           .9                                             .8                             .5

      B+                                           .9                                             .7                             .4

      B                                             .9                                             .6                             .3

      C+                                           .6                                             .3                             .2

      C                                             .5                                             .2                             .2

      D+                                          .3                                             .2                             .1

      D                                             .2                                             .1                             .1

      E                                             .1                                             .1                             .1


Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).

 

SCHEDULE C

CURRENT OFFENSE POINTS


      For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


AGE


OFFENSE                     12 &

CATEGORY                Under      13             14                          15                            16             17

________________.

      A+                                          STANDARD RANGE 180-224 WEEKS

      A                             250                          300           350        375                          375           375

      A-                           150                          150           150        200                          200           200

      B+                           110                          110           120        130                          140           150

      B                              45                            45            50          50                            57            57

      C+                            44                            44            49          49                            55            55

      C                              40                            40            45          45                            50            50

      D+                           16                            18            20          22                            24            26

      D                              14                            16            18          20                            22            24

      E                              4                             4             4           6                             8             10

 

JUVENILE SENTENCING STANDARDS

SCHEDULE D-1


This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A((,)) or B((, or C)).


MINOR/FIRST OFFENDER


OPTION A

STANDARD RANGE


                                                                                      Community

                           Community                                        Service

Points                 Supervision                        Hours                                      Fine

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

((1-9                   0-3 months                         and/or 0-8                               and/or 0-$10

10-19                  0-3 months                         and/or 0-8                               and/or 0-$10

20-29                  0-3 months                         and/or 0-16                             and/or 0-$10

30-39                  0-3 months                         and/or 8-24                             and/or 0-$25

40-49                  3-6 months                         and/or 16-32                           and/or 0-$25

50-59                  3-6 months                         and/or 24-40                           and/or 0-$25

60-69                  6-9 months                         and/or 32-48                           and/or 0-$50

70-79                  6-9 months                         and/or 40-56                           and/or 0-$50

80-89                  9-12 months                       and/or 48-64                           and/or 10-$100

90-109                9-12 months                       and/or 56-72                           and/or 10-$100))

1-109                  0-12 months                       and/or 0-150                           and/or 0-$100


((OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine))

Posting of a Probation Bond


((A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.))


OR


OPTION ((C)) B

MANIFEST INJUSTICE


When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range.

 

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2


This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.


MIDDLE OFFENDER


OPTION A

STANDARD RANGE


                                                                      Community

                           Community        Service                                                                                                                                        Confinement

Points                 Supervision        Hours                      Fine                                                                                                        Days ((Weeks))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

((1-9                   0-3 months         and/or 0-8               and/or 0-$10                                                                                                       and/or 0

10-19                  0-3 months         and/or 0-8               and/or 0-$10                                                                                                       and/or 0

20-29                  0-3 months         and/or 0-16             and/or 0-$10                                                                                                       and/or 0

30-39                  0-3 months         and/or 8-24             and/or 0-$25                                                                                                    and/or 2-4

40-49                  3-6 months         and/or 16-32           and/or 0-$25                                                                                                    and/or 2-4

50-59                  3-6 months         and/or 24-40           and/or 0-$25                                                                                                  and/or 5-10

60-69                  6-9 months         and/or 32-48           and/or 0-$50                                                                                                  and/or 5-10

70-79                  6-9 months         and/or 40-56           and/or 0-$50                                                                                                and/or 10-20

80-89                  9-12 months       and/or 48-64           and/or 0-$100                                                                                              and/or 10-20

90-109                9-12 months       and/or 56-72           and/or 0-$100                                                                                           and/or 15-30))

1-109                  0-12 months       and/or 0-150           and/or 0-$100                                                                                                and/or 0-30

Weeks

110-129                                                                                                                                                                                                           8-12

130-149                                                                                                                                                                                                         13-16

150-199                                                                                                                                                                                                         21-28

200-249                                                                                                                                                                                                         30-40

250-299                                                                                                                                                                                                         52-65

300-374                                                                                                                                                                                                       80-100

375+                                                                                                                                                                                                         103-129


Middle offenders with 110 points or more do not have to be committed to the department. They may be assigned community supervision under option B.


For all determinate dispositions of up to 30 days confinement for middle offenders with fewer than 110 points, the court shall state its reasons in writing why confinement is used.


All A+ offenses 180-224 weeks

OR


OPTION B

STATUTORY OPTION

OFFENDERS WITH 110 POINTS OR MORE


((0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

Posting of a Probation Bond))


If the offender has ((less than)) 110 points or more, the court may impose ((a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150)) an option B disposition as provided in RCW 13.40.160(4)(b).

      ((If the middle offender has 110 points or more, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition. If the court imposes confinement for offenders with 110 points or more, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150.))

OR


OPTION C

MANIFEST INJUSTICE

ALL MIDDLE OFFENDERS


If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range.


JUVENILE SENTENCING STANDARDS

SCHEDULE D-3


This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.


SERIOUS OFFENDER

OPTION A

STANDARD RANGE


                           Points                                                                 Institution Time


                           0-129                                                 8-12 weeks

                           130-149                                             13-16 weeks

                           150-199                                             21-28 weeks

                           200-249                                             30-40 weeks

                           250-299                                             52-65 weeks

                           300-374                                             80-100 weeks

                           375+                                                  103-129 weeks

                           All A+ 

                           Offenses                                             180-224 weeks


OR


OPTION B

MANIFEST INJUSTICE


A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision including posting a probation bond or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of ((RCW 13.40.030(2))) section 31 of this act shall be used to determine the range.

      Sec. 17. RCW 13.40.045 and 1994 sp.s. c 7 s 518 are each amended to read as follows:

      The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody or abscond from parole supervision or fail to meet conditions of parole. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.

      Sec. 18. RCW 13.40.050 and 1995 c 395 s 5 are each amended to read as follows:

      (1) When a juvenile taken into custody is held in detention:

      (a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and

      (b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.

      (2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, ((and)) stating the right to counsel, and requiring attendance, shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.

      (3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.

      (4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.

      (5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040 ((as now or hereafter amended)).

      (6) If detention is not necessary under RCW 13.40.040, ((as now or hereafter amended,)) the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:

      (a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;

      (b) Place restrictions on the travel of the juvenile during the period of release;

      (c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;

      (d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;

      (e) Require that the juvenile return to detention during specified hours; or

      (f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(4).

      (7) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.

      (8) If the parent, guardian, or custodian notified as provided in this section fails without reasonable cause to appear, that person may be proceeded against as for contempt of court for failing to appear.

      Sec. 19. RCW 13.40.060 and 1989 c 71 s 1 are each amended to read as follows:

      (1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.

      (2) For juveniles whose standard range disposition would include confinement in excess of thirty days, the case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county where the juvenile resides for a disposition hearing. All costs and arrangements for care and transportation of the juvenile in custody shall be the responsibility of the receiving county as of the date of the transfer of the juvenile to such county, unless the counties otherwise agree.

      (3) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county in which the juvenile resides for supervision and enforcement of the disposition order. The court of the receiving county has jurisdiction to modify and enforce the disposition order.

      (4) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun.

      Sec. 20. RCW 13.40.080 and 1994 sp.s. c 7 s 544 are each amended to read as follows:

      (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

      (2) A diversion agreement shall be limited to one or more of the following:

      (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

      (b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay. The diversion contract must specify the full amount of restitution due even if the juvenile does not have the means or potential to pay the full amount;

      (c) Attendance at ((up to ten hours of)) counseling and/or ((up to twenty hours of)) educational or informational sessions at a community agency for a specified period of time as determined by the diversion unit. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at ((up to ten hours of)) counseling and/or ((up to twenty hours of)) educational or informational sessions;

      (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

      (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

      (3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

      (4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

      (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

      (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

      (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

      (b) Violation of the terms of the agreement shall be the only grounds for termination;

      (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

      (i) Written notice of alleged violations of the conditions of the diversion program; and

      (ii) Disclosure of all evidence to be offered against the divertee;

      (d) The hearing shall be conducted by the juvenile court and shall include:

      (i) Opportunity to be heard in person and to present evidence;

      (ii) The right to confront and cross-examine all adverse witnesses;

      (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

      (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

      (e) The prosecutor may file an information on the offense for which the divertee was diverted:

      (i) In juvenile court if the divertee is under eighteen years of age; or

      (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

      (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

      (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

      (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

      (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

      The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

      (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

      (a) The fact that a charge or charges were made;

      (b) The fact that a diversion agreement was entered into;

      (c) The juvenile's obligations under such agreement;

      (d) Whether the alleged offender performed his or her obligations under such agreement; and

      (e) The facts of the alleged offense.

      (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

      (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

      (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

      (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

      (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

      Sec. 21. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:

      (1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:

      (a) The respondent is fifteen, sixteen, or seventeen years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; ((or))

      (b) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree; or

      (c) The information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age twenty-one.

      (2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

      (3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

      (4) If the court finds that declination of jurisdiction is appropriate it may, in lieu of transferring the respondent for adult criminal prosecution, classify the offender as a youthful offender and retain the offender in juvenile court. The court may classify an offender as a youthful offender only if he or she is under fifteen years of age and the standard range that the offender could receive if remanded for adult criminal prosecution exceeds incarceration past the age of twenty-one.

      NEW SECTION. Sec. 22. A new section is added to chapter 13.40 RCW to read as follows:

      At an adjudicatory hearing, a person classified as a youthful offender under RCW 13.40.110(4) is entitled to all the rights that by court rule, statute, and the state and federal constitutions are guaranteed to an offender who is similarly charged in adult court.

      NEW SECTION. Sec. 23. A new section is added to chapter 13.40 RCW to read as follows:

      (1) At a disposition hearing, the court shall impose both an adult and a juvenile sentence on a person classified as a youthful offender under RCW 13.40.110(4). The adult sentence shall be determined according to the sentencing reform act, chapter 9.94A RCW. The adult sentence shall be suspended conditioned upon the youthful offender's compliance with the conditions and terms of the juvenile sentence. The juvenile sentence shall be confinement with the department until age twenty-one.

      (2) The court may, on application by the department, remand the youthful offender to the department of corrections to begin serving the offender's adult sentence if, at any time while the offender is serving the offender's juvenile sentence, the offender: Refuses to meaningfully participate in rehabilitative programs made available to the offender by the department; reoffends; or constitutes a serious threat to the physical safety of others. The offender may also be remanded to the department of corrections to begin serving the offender's adult sentence if the department petitions and the court finds that the offender is not likely to benefit from the services the department has to offer.

      (3) Unless previously remanded to the department of corrections to begin serving the offender's adult sentence, the youthful offender shall, no sooner than three months before the offender's twenty-first birthday, appear before the sentencing court to determine compliance with the juvenile sentence.

      (4) After the hearing the court shall remand the youthful offender to the department of corrections to begin serving the offender's adult sentence unless the sentencing court finds by a preponderance of evidence that the offender:

      (a) Has meaningfully participated in the rehabilitative programs made available by the department;

      (b) Is not likely to reoffend upon release; and

      (c) Does not pose a serious threat to the physical safety of others.

      If the court makes these findings by a preponderance of evidence, then it shall release the youthful offender from the suspended adult sentence.

      (5) When the juvenile is released from the suspended adult sentence the court shall, as a condition of that release, order the offender to serve twenty-four months of community placement to be supervised by the department of corrections. The court shall order conditions of community placement as provided for in RCW 9.94A.120(8). All provisions of chapter 9.94A RCW dealing with community placement shall be applicable to these offenders.

      (6) Only the youthful offender's adult sentence shall be considered when determining under chapter 9.94A RCW an appropriate sentence for future adult offenses.

      NEW SECTION. Sec. 24. A new section is added to chapter 13.40 RCW to read as follows:

      If at any time a person classified as a youthful offender under RCW 13.40.110(4) is remanded to begin serving an adult sentence, the youthful offender shall be given credit for all incarceration time served on the juvenile sentence.

      Sec. 25. RCW 13.40.120 and 1981 c 299 s 9 are each amended to read as follows:

      All hearings may be conducted at any time or place within the limits of the judicial district, and such cases may not be heard in conjunction with other business of any other division of the superior court. The court, if possible, shall hold hearings during nonstandard hours and take such other actions as are necessary to facilitate parental participation.

      Sec. 26. RCW 13.40.125 and 1995 c 395 s 6 are each amended to read as follows:

      (1) Upon motion at least fourteen days before commencement of trial, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for ((adjudication)) disposition for a period not to exceed one year from the date ((the motion is granted)) of entry of a plea of guilty or a finding of guilt following a hearing under subsection (5) of this section. The court may continue the case for an additional one-year period for good cause.

      (2) Any juvenile granted a deferral of ((adjudication)) disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.

      (3) Upon full compliance with conditions of supervision, the respondent's adjudication shall be vacated and the court shall dismiss the case with prejudice.

      (4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of ((adjudication and proceed to)) disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. A parent who signed for a probation bond or deposited cash may notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision.

      (5) If the juvenile agrees to a deferral of ((adjudication)) disposition, the juvenile shall waive all rights:

      (a) To a speedy trial and disposition;

      (b) To call and confront witnesses; and

      (c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.