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FIFTY-FOURTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Friday, March 1, 1996

      The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Drew, Finkbeiner, Hargrove, Haugen, Heavey, Johnson, Long, McDonald, Moyer, Rasmussen, Schow, Sellar, Swecker and Thibaudeau. On motion of Senator Sheldon, Senators Drew, Hargrove, Haugen, Heavey, Rasmussen and Thibaudeau were excused. On motion of Senator Anderson, Senators Finkbeiner, Johnson, Long, Moyer, Schow, Sellar and Swecker were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Brent Bleakney and Kris Schmidt, presented the Colors. President Pritchard 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.


MESSAGES FROM THE HOUSE

February 29, 1996

MR. PRESIDENT:

      The Speaker has signed:

      SECOND ENGROSSED HOUSE BILL NO. 1659,

      HOUSE BILL NO. 2259,

      SUBSTITUTE HOUSE BILL NO. 2487,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637,

      HOUSE BILL NO. 2638,

      HOUSE BILL NO. 2814, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 29, 1996

MR. PRESIDENT:

      The Speaker has signed:

      HOUSE BILL NO. 2136,

      SUBSTITUTE HOUSE BILL NO. 2294,

      SUBSTITUTE HOUSE BILL NO. 2431,

      HOUSE BILL NO. 2459,

      HOUSE BILL NO. 2494,

      HOUSE BILL NO. 2495,

      SUBSTITUTE HOUSE BILL NO. 2513,

      SUBSTITUTE HOUSE BILL NO. 2520,

      HOUSE BILL NO. 2551,

      HOUSE BILL NO. 2591,

      HOUSE BILL NO. 2659,

      HOUSE BILL NO. 2660,

      HOUSE BILL NO. 2687,

      HOUSE BILL NO. 2729,

      SUBSTITUTE HOUSE BILL NO. 2730,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4014,

      HOUSE JOINT MEMORIAL NO. 4017, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 29, 1996

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1008,

      SECOND SUBSTITUTE HOUSE BILL NO. 1182,

      HOUSE BILL NO. 1302,

      HOUSE BILL NO. 2440,

      HOUSE BILL NO. 2538,

      HOUSE BILL NO. 2692,

      SUBSTITUTE HOUSE BILL NO. 2746,

      SUBSTITUTE HOUSE BILL NO. 2939, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 29, 1996

MR. PRESIDENT:

      The Speaker has 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, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT

      The President signed:

      HOUSE BILL NO. 2136,

      SUBSTITUTE HOUSE BILL NO. 2294,

      SUBSTITUTE HOUSE BILL NO. 2431,

      HOUSE BILL NO. 2459,

      HOUSE BILL NO. 2494,

      HOUSE BILL NO. 2495,

      SUBSTITUTE HOUSE BILL NO. 2513,

      SUBSTITUTE HOUSE BILL NO. 2520,

      HOUSE BILL NO. 2551,

      HOUSE BILL NO. 2591,

      HOUSE BILL NO. 2659,

      HOUSE BILL NO. 2660,

      HOUSE BILL NO. 2687,

      HOUSE BILL NO. 2729,

      SUBSTITUTE HOUSE BILL NO. 2730,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4014,

      HOUSE JOINT MEMORIAL NO. 4017.


SIGNED BY THE PRESIDENT

      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1008,

      SECOND SUBSTITUTE HOUSE BILL NO. 1182,

      HOUSE BILL NO. 1302,

      HOUSE BILL NO. 2440,

      HOUSE BILL NO. 2538,

      HOUSE BILL NO. 2692,

      SUBSTITUTE HOUSE BILL NO. 2746,

      SUBSTITUTE HOUSE BILL NO. 2939.



SIGNED BY THE PRESIDENT

      The President signed:

      SECOND ENGROSSED HOUSE BILL NO. 1659,

      HOUSE BILL NO. 2259,

      SUBSTITUTE HOUSE BILL NO. 2487,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637,

      HOUSE BILL NO. 2638,

      HOUSE BILL NO. 2814.


INTRODUCTION AND FIRST READING

 

SB 6781             by Senators Swecker and Zarelli

 

AN ACT Relating to property tax levies for schools; and amending RCW 84.52.067 and 84.52.053.

 

Referred to Committee on Ways and Means.


MOTION


      On motion of Senator Spanel, Senate Rule 46 was waived to permit a committee meeting during this time of the session.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator West, Gubernatorial Appointment No. 9242, Carol A. Wendle, as a member of the Spokane Joint Center for Higher Education, was confirmed.


APPOINTMENT OF CAROL A. WENDLE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 35; Nays, 0; Absent, 1; Excused, 13.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hochstatter, Kohl, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn, Wood and Zarelli - 35.

      Absent: Senator McDonald - 1.

      Excused: Senators Drew, Finkbeiner, Hargrove, Haugen, Heavey, Johnson, Long, Moyer, Rasmussen, Schow, Sellar, Swecker and Thibaudeau - 13.


MOTION


      At 8:26 a.m,. on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 10:10 a.m. by President Pritchard.

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


MESSAGES FROM THE HOUSE

February 29, 1996

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 6229, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 29, 1996

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6177,

      SENATE BILL NO. 6425, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 29, 1996

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6146,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6284,

      SENATE BILL NO. 6366,

      SENATE BILL NO. 6380,

      SUBSTITUTE SENATE BILL NO. 6422,

      SENATE BILL NO. 6617,

      SUBSTITUTE SENATE BILL NO. 6673,

      SENATE JOINT MEMORIAL NO. 8028, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

 

SIGNED BY THE PRESIDENT

      The President signed:

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6146,

      SENATE BILL NO. 6177,

      SUBSTITUTE SENATE BILL NO. 6229,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6284,

      SENATE BILL NO. 6366,

      SENATE BILL NO. 6380,

      SUBSTITUTE SENATE BILL NO. 6422,

      SENATE BILL NO. 6425,

      SENATE BILL NO. 6617,

      SUBSTITUTE SENATE BILL NO. 6673,

      SENATE JOINT MEMORIAL NO. 8028.


      There being no objection, the President advanced the Senate to the sixth order of business.


MOTIONS


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

      On motion of Senator Anderson, Senator West was excused.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1556, by House Committee on Law and Justice (originally sponsored by Representatives Wolfe, Boldt, Scott, Romero, B. Thomas, Johnson, Talcott, Delvin, Carrell, Campbell, Van Luven, Cooke, Dickerson, Kessler, Basich, Conway, Smith and Costa)

 

Revising procedures for determining visitation rights for persons other than a parent.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Substitute House Bill No. 1556 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Spanel, further consideration of Engrossed Substitute House Bill No. 1556 was deferred.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2689, by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody, Campbell and Conway)

 

Defining the practice of oral and maxillofacial surgery.


      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 18.32.020 and 1957 c 98 s 1 are each amended to read as follows:

      A person practices dentistry, within the meaning of this chapter, who (1) represents himself as being able to diagnose, treat, remove stains and concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, alveolar process, gums, or jaw, or (2) offers or undertakes by any means or methods to diagnose, treat, remove stains or concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the same, or take impressions of the teeth or jaw, or (3) owns, maintains or operates an office for the practice of dentistry, or (4) engages in any of the practices included in the curricula of recognized and approved dental schools or colleges, or (5) professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth.

      The fact that a person uses any dental degree, or designation, or any card, device, directory, poster, sign, or other media whereby he represents himself to be a dentist, shall be prima facie evidence that such person is engaged in the practice of dentistry.

      X-ray diagnosis as to the method of dental practice in which the diagnosis and examination is made of the normal and abnormal structures, parts or functions of the human teeth, the alveolar process, maxilla, mandible or soft tissues adjacent thereto, is hereby declared to be the practice of dentistry. Any person other than a regularly licensed physician or surgeon who makes any diagnosis or interpretation or explanation, or attempts to diagnose or to make any interpretation or explanation of the registered shadow or shadows of any part of the human teeth, alveolar process, maxilla, mandible or soft tissues adjacent thereto by the use of x-ray is declared to be engaged in the practice of dentistry, medicine or surgery.

      The practice of dentistry includes the performance of any dental or oral and maxillofacial surgery. "Oral and maxillofacial surgery" means the specialty of dentistry that includes the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects of the hard and soft tissues of the oral and maxillofacial region.

      NEW SECTION. Sec. 2. 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 Quigley, the following title amendment was adopted:

      On page 1, line 1 of the title, after "surgery;" strike the remainder of the title and insert "amending RCW 18.32.020; and declaring an emergency."


MOTION


      On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 2689, 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. 2689, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2689, as amended by the Senate, and the bill passed the Senate 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, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

      Absent: Senator McAuliffe - 1.

      Excused: Senators Loveland, Rinehart and West - 3.

      SUBSTITUTE HOUSE BILL NO. 2689, 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. 2656, by House Committee on Commerce and Labor (originally sponsored by Representatives Cairnes, Romero and Thompson)

 

Creating a new class of liquor license for sports entertainment facilities.


      The bill was read the second time.


MOTIONS


      On motion of Senator Wojahn, the following amendment was adopted:

      On page 4, after line 15, insert the following:

      "Sec. 4. RCW 66.24.420 and 1995 c 55 s 1 are each amended to read as follows:

      (1) The class H license shall be issued in accordance with the following schedule of annual fees:

      (a) The annual fee for said license, if issued to a club, whether inside or outside of incorporated cities and towns, shall be seven hundred dollars.

      (b) The annual fee for said license, if issued to any other class H licensee in incorporated cities and towns, shall be graduated according to the population thereof as follows:


                                      Incorporated

                                      Cities and towns                                      Fees

                                      Less than 20,000                                         $1,200

                                      20,000 or over                                             $2,000


      (c) The annual fee for said license when issued to any other class H licensee outside of incorporated cities and towns shall be: Two thousand dollars; this fee shall be prorated according to the calendar quarters, or portion thereof, during which the licensee is open for business, except in case of suspension or revocation of the license.

      (d) Where the license shall be issued to any corporation, association or person operating a bona fide restaurant in an airport terminal facility providing service to transient passengers with more than one place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual fee, which shall be a master license and shall permit such sale within and from one such place. Such license may be extended to additional places on the premises at the discretion of the board and a duplicate license may be issued for each such additional place: PROVIDED, That the holder of a master license for a restaurant in an airport terminal facility shall be required to maintain in a substantial manner at least one place on the premises for preparing, cooking, and serving of complete meals, and such food service shall be available on request in other licensed places on the premises: PROVIDED, FURTHER, That an additional license fee of twenty-five percent of the annual master license fee shall be required for such duplicate licenses.

      (e) Where the license shall be issued to any corporation, association, or person operating dining places at a publicly or privately owned civic or convention center((s)) with facilities for sports, entertainment, ((and)) or conventions, or a combination thereof, with more than one place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual fee, which shall be a master license and shall permit such sale within and from one such place. Such license may be extended to additional places on the premises at the discretion of the board and a duplicate license may be issued for each such additional place: PROVIDED, That the holder of a master license for a dining place at such a publicly or privately owned civic or convention center shall be required to maintain in a substantial manner at least one place on the premises for preparing, cooking, and serving of complete meals, and food service shall be available on request in other licensed places on the premises: PROVIDED FURTHER, That an additional license fee of ten dollars shall be required for such duplicate licenses.

      (f) Where the license shall be issued to any corporation, association or person operating more than one building containing dining places at privately owned facilities which are open to the public and where there is a continuity of ownership of all adjacent property, such license shall be issued upon the payment of an annual fee which shall be a master license and shall permit such sale within and from one such place. Such license may be extended to the additional dining places on the property or, in the case of a class H licensed hotel, property owned or controlled by leasehold interest by that hotel for use as a conference or convention center or banquet facility open to the general public for special events in the same metropolitan area, at the discretion of the board and a duplicate license may be issued for each additional place: PROVIDED, That the holder of the master license for the dining place shall not offer alcoholic beverages for sale, service, and consumption at the additional place unless food service is available at both the location of the master license and the duplicate license: PROVIDED FURTHER, That an additional license fee of twenty dollars shall be required for such duplicate licenses.

      (2) The board, so far as in its judgment is reasonably possible, shall confine class H licenses to the business districts of cities and towns and other communities, and not grant such licenses in residential districts, nor within the immediate vicinity of schools, without being limited in the administration of this subsection to any specific distance requirements.

      (3) The board shall have discretion to issue class H licenses outside of cities and towns in the state of Washington. The purpose of this subsection is to enable the board, in its discretion, to license in areas outside of cities and towns and other communities, establishments which are operated and maintained primarily for the benefit of tourists, vacationers and travelers, and also golf and country clubs, and common carriers operating dining, club and buffet cars, or boats.

      (4) The total number of class H licenses issued in the state of Washington by the board, not including those class H licenses issued to clubs, shall not in the aggregate at any time exceed one license for each fifteen hundred of population in the state, determined according to the yearly population determination developed by the office of financial management pursuant to RCW 43.62.030.

      (5) Notwithstanding the provisions of subsection (4) of this section, the board shall refuse a class H license to any applicant if in the opinion of the board the class H licenses already granted for the particular locality are adequate for the reasonable needs of the community."

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

      On page 1, line 2 of the title, after ""66.20.300" strike "and 66.20.310" and insert "; 66.20.310; and 66.24.420"


MOTION


      On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2656, 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. 2656, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2656, as amended by the Senate, and the bill passed the Senate 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, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

      Absent: Senator McAuliffe - 1.

      Excused: Senators Loveland, Rinehart and West - 3.

      SUBSTITUTE HOUSE BILL NO. 2656, 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. 2386, by House Committee on Government Operations (originally sponsored by Representatives D. Schmidt, Dyer, Thompson, Radcliff, Hargrove, Sheahan, Chappell, Cairnes, Cooke, Crouse, Scheuerman, Campbell, Honeyford, Buck, Huff, Elliot, Clements, Foreman, Quall, Backlund, Hymes, Costa, Mulliken and McMahan)

 

Requiring the text of applicable state or federal law or rule be provided as part of agency technical assistance.


      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. The legislature finds that many individuals and small businesses who are required to comply with laws and agency rules often do not have access to the Revised Code of Washington, the Washington Administrative Code, the United States Code, or the Code of Federal Regulations. In this case, those informed of violations do not know whether, or to what extent, the cited law or agency rule actually applies to their situation. In order to facilitate greater understanding of the law and agency rules, the legislature finds that those who make the effort to obtain technical assistance from a regulatory agency, and those who are issued a notice of correction, should be given the text of the specific section or subsection of the law or agency rule they are alleged to have violated.

      Sec. 2. RCW 43.05.030 and 1995 c 403 s 604 are each amended to read as follows:

      (1) For the purposes of this chapter, a technical assistance visit is a visit by a regulatory agency to a facility, business, or other location that:

      (a) Has been requested or is voluntarily accepted; and

      (b) Is declared by the regulatory agency at the beginning of the visit to be a technical assistance visit.

      (2) A technical assistance visit also includes a consultative visit pursuant to RCW 49.17.250.

      (3) During a technical assistance visit, or within a reasonable time thereafter, a regulatory agency shall inform the owner or operator of the facility of any violations of law or agency rules identified by the agency as follows:

      (a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;

      (b) A statement of what is required to achieve compliance;

      (c) The date by which the agency requires compliance to be achieved;

      (d) Notice of the means to contact any technical assistance services provided by the agency or others; and

      (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the agency.

      Sec. 3. RCW 43.05.060 and 1995 c 403 s 607 are each amended to read as follows:

      (1) If in the course of any site inspection or visit that is not a technical assistance visit, the department of ecology becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.070, the department may issue a notice of correction to the responsible party that shall include:

      (a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;

      (b) A statement of what is required to achieve compliance;

      (c) The date by which the department requires compliance to be achieved;

      (d) Notice of the means to contact any technical assistance services provided by the department or others; and

      (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.

      (2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.

      (3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.

      Sec. 4. RCW 43.05.090 and 1995 c 403 s 610 are each amended to read as follows:

      (1) Following a consultative visit pursuant to RCW 49.17.250, the department of labor and industries shall issue a report to the employer that the employer shall make available to its employees. The report shall contain:

      (a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;

      (b) A statement of what is required to achieve compliance;

      (c) The date by which the department requires compliance to be achieved;

      (d) Notice of means to contact technical assistance services provided by the department; and

      (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.

      (2) Following a compliance inspection pursuant to RCW 49.17.120, the department of labor and industries shall issue a citation for violations of industrial safety and health standards. The citation shall not assess a penalty if the violations:

      (a) Are determined not to be of a serious nature;

      (b) Have not been previously cited;

      (c) Are not willful; and

      (d) Do not have a mandatory penalty under chapter 49.17 RCW.

      Sec. 5. RCW 43.05.100 and 1995 c 403 s 611 are each amended to read as follows:

      (1) If in the course of any inspection or visit that is not a technical assistance visit, the department of agriculture, fish and wildlife, health, licensing, or natural resources becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.110, the department may issue a notice of correction to the responsible party that shall include:

      (a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;

      (b) A statement of what is required to achieve compliance;

      (c) The date by which the department requires compliance to be achieved;

      (d) Notice of the means to contact any technical assistance services provided by the department or others; and

      (e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.

      (2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.

      (3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.

      NEW SECTION. Sec. 6. A new section is added to chapter 35.21 RCW to read as follows:

      (1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property to the city or town in which the real property is located.

      (2) Within thirty days of the receipt of the request, the city or town shall provide the owner, by registered mail, with a statement of restrictions as described in subsection (3) of this section.

      (3) The statement of restrictions shall include the following:

      (a) The zoning currently applicable to the real property;

      (b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;

      (c) Any designations made by the city or town pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area; and

      (d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the city or town.

      (4) If a city or town fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.

      (5) For purposes of this section:

      (a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and

      (b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.

      (6) This section does not affect the vesting of permits or development rights.

      Nothing in this section shall be deemed to create any liability on the part of a city or town.

      NEW SECTION. Sec. 7. A new section is added to chapter 35A.21 RCW to read as follows:

      (1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property to the code city in which the real property is located.

      (2) Within thirty days of the receipt of the request, the code city shall provide the owner, by registered mail, with a statement of restrictions as described in subsection (3) of this section.

      (3) The statement of restrictions shall include the following:

      (a) The zoning currently applicable to the real property;

      (b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;

      (c) Any designations made by the code city pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area; and

      (d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the code city.

      (4) If a code city fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.

      (5) For purposes of this section:

      (a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and

      (b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.

      (6) This section does not affect the vesting of permits or development rights.

      Nothing in this section shall be deemed to create any liability on the part of a code city.

      NEW SECTION. Sec. 8. A new section is added to chapter 36.70 RCW to read as follows:

      (1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property located in an unincorporated portion of a county to the county in which the real property is located.

      (2) Within thirty days of the receipt of the request, the county shall provide the owner, by registered mail, with a statement of restrictions as described in subsection (3) of this section.

      (3) The statement of restrictions shall include the following:

      (a) The zoning currently applicable to the real property;

      (b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;

      (c) Any designations made by the county pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area; and

      (d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the county.

      (4) If a county fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.

      (5) For purposes of this section:

      (a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and

      (b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.

      (6) This section does not affect the vesting of permits or development rights.

      Nothing in this section shall be deemed to create any liability on the part of a county.

      NEW SECTION. Sec. 9. A new section is added to chapter 36.70B RCW to read as follows:

      (1) Each county and city having populations of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants. An existing employee may be designated as the permit assistance staff.

      (2) Permit assistance staff designated under this section shall:

      (a) Make available to permit applicants all current local government regulations and adopted policies that apply to the subject application. The local government shall provide counter copies thereof and, upon request, provide copies according to chapter 42.17 RCW. The staff shall also publish and keep current one or more handouts containing lists and explanations of all local government regulations and adopted policies;

      (b) Establish and make known to the public the means of obtaining the handouts and related information; and

      (c) Provide assistance regarding the application of the local government's regulations in particular cases.

      (3) Permit assistance staff designated under this section may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of this section from the municipal research council and the department of community, trade, and economic development.

      NEW SECTION. Sec. 10. A new section is added to chapter 43.110 RCW to read as follows:

      The municipal research council shall provide technical assistance in the compilation of and support in the production of the handouts to be published and kept current by counties and cities under section 9 of this act.

      NEW SECTION. Sec. 11. A new section is added to chapter 43.330 RCW to read as follows:

      The department shall provide technical assistance in the compilation of and support in the production of the handouts to be published and kept current by counties and cities under section 9 of this act.

      NEW SECTION. Sec. 12. Sections 6 through 8 of this act take effect January 1, 1997."

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

      On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.05.030, 43.05.060, 43.05.090, and 43.05.100; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70B RCW; adding a new section to chapter 43.110 RCW; adding a new section to chapter 43.330 RCW; creating a new section; and providing an effective date."


MOTION


      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2386, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      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 Substitute House Bill No. 2386, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2386, as amended by the Senate, and the bill passed the Senate 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, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 44.

      Absent: Senator Wojahn - 1.

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

      SUBSTITUTE HOUSE BILL NO. 2386, 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. 2545, by House Committee on Corrections (originally sponsored by Representatives Sehlin, Sheahan, Goldsmith, Robertson, L. Thomas, Mulliken, Sheldon, McMahan, Conway, Costa, Patterson, Chopp, Ogden, Hatfield, Hickel, Campbell, Mitchell, Morris, Johnson, Hymes, Thompson, Silver and McMorris)

 

Imposing additional notice requirements upon release of a sex offender.


      The bill was read the second time.


MOTIONS


      On motion of Senator Hargrove, the following Committee on Health and Human Services amendment was adopted:

  Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 4.24.550 and 1994 c 129 s 2 are each amended to read as follows:

      (1) Public agencies are authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection.

      (2) Local law enforcement agencies and officials who decide to release information pursuant to this section shall make a good faith effort to notify the public and residents at least fourteen days before the sex offender is released. If a change occurs in the release plan, this notification provision will not require an extension of the release date. The department of corrections and the department of social and health services shall provide local law enforcement officials with all relevant information on sex offenders about to be released or placed into the community in a timely manner. When a sex offender under county jurisdiction will be released from jail and will reside in a county other than the county of incarceration, the chief law enforcement officer of the jail, or his or her designee, shall notify the sheriff in the county where the offender will reside of the offender's release as provided in RCW 70.48.470.

      (3) An elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The authorization and immunity in this section applies to information regarding: (a) A person convicted of, or juvenile found to have committed, a sex offense as defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06 RCW; or (e) a person committed as a sexually violent predator under chapter 71.09 RCW. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

      (4) Except as otherwise provided by statute, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information as provided in subsections (2) and (3) of this section.

      (5) Nothing in this section implies that information regarding persons designated in subsections (2) and (3) of this section is confidential except as otherwise provided by statute.

      Sec. 2. RCW 70.48.470 and 1990 c 3 s 406 are each amended to read as follows:

      (1) A person having charge of a jail shall notify in writing any confined person who is in the custody of the jail for a conviction of a sexual offense as defined in RCW 9.94A.030 of the registration requirements of RCW 9A.44.130 at the time of the inmate's release from confinement, and shall obtain written acknowledgment of such notification. The person shall also obtain from the inmate the county of the inmate's residence upon release from jail.

      (2) If an inmate convicted of a sexual offense will reside in a county other than the county of incarceration upon release, the chief law enforcement officer, or his or her designee, shall notify the sheriff of the county where the inmate will reside of the inmate's impending release. Notice shall be provided at least fourteen days prior to the inmate's release, or if the release date is not known at least fourteen days prior to release, notice shall be provided not later than the day after the inmate's release.

      Sec. 3. RCW 72.09.340 and 1990 c 3 s 708 are each amended to read as follows:

      (1) In making all discretionary decisions regarding release plans for and supervision of ((sexually violent)) sex offenders, the department ((of corrections)) shall set priorities and make decisions based on an assessment of public safety risks ((rather than the legal category of the sentences)).

      (2) The department shall, no later than September 1, 1996, implement a policy governing the department's evaluation and approval of release plans for sex offenders. The policy shall include, at a minimum, a formal process by which victims, witnesses, and other interested people may provide information and comments to the department on potential safety risks to specific individuals or classes of individuals posed by a specific sex offender. The department shall make all reasonable efforts to publicize the availability of this process through currently existing mechanisms and shall seek the assistance of courts, prosecutors, law enforcement, and victims' advocacy groups in doing so. Notice of an offender's proposed residence shall be provided to all people registered to receive notice of an offender's release under RCW 9.94A.155(2), except that in no case may this notification requirement be construed to require an extension of an offender's release date.

      (3) For any offender convicted of a felony sex offense against a minor victim after the effective date of this act, the department shall not approve a residence location if the proposed residence: (a) Includes a minor victim or child of similar age or circumstance as a previous victim who the department determines may be put at substantial risk of harm by the offender's residence in the household; or (b) is within close proximity of the current residence of a minor victim, unless the whereabouts of the minor victim cannot be determined or unless such a restriction would impede family reunification efforts ordered by the court or directed by the department of social and health services. The department is further authorized to reject a residence location if the proposed residence is within close proximity to schools, child care centers, playgrounds, or other grounds or facilities where children of similar age or circumstance as a previous victim are present who the department determines may be put at substantial risk of harm by the sex offender's residence at that location.

      (4) When the department requires supervised visitation as a term or condition of a sex offender's community placement under RCW 9.94A.120(9)(c)(vi), the department shall, prior to approving a supervisor, consider the following:

      (a) The relationships between the proposed supervisor, the offender, and the minor; (b) the proposed supervisor's acknowledgment and understanding of the offender's prior criminal conduct, general knowledge of the dynamics of child sexual abuse, and willingness and ability to protect the minor from the potential risks posed by contact with the offender; and (c) recommendations made by the department of social and health services about the best interests of the child.

      Sec. 4. RCW 9.94A.155 and 1994 c 129 s 3 and 1994 c 77 s 1 are each reenacted and amended to read as follows:

      (1) At the earliest possible date, and in no event later than thirty days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, release, community placement, work release placement, furlough, or escape about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, to the following:

      (a) The chief of police of the city, if any, in which the inmate will reside or in which placement will be made in a work release program; and

      (b) The sheriff of the county in which the inmate will reside or in which placement will be made in a work release program.

      The sheriff of the county where the offender was convicted shall be notified if the department does not know where the offender will reside. The department shall notify the state patrol of the release of all sex offenders, and that information shall be placed in the Washington crime information center for dissemination to all law enforcement.

      (2) The same notice as required by subsection (1) of this section shall be sent to the following if such notice has been requested in writing about a specific inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110:

      (a) The victim of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide;

      (b) Any witnesses who testified against the inmate in any court proceedings involving the violent offense; ((and))

      (c) Any person specified in writing by the prosecuting attorney; and

      (d) Any person who requests such notice about a specific inmate convicted of a sex offense as defined by RCW 9.94A.030 from the department of corrections at least sixty days prior to the expected release date of the offender.

      Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate. Whenever the department of corrections mails notice pursuant to this subsection and the notice is returned as undeliverable, the department shall attempt alternative methods of notification, including a telephone call to the person's last known telephone number.

      (3) The existence of the notice requirements contained in subsections (1) and (2) of this section shall not require an extension of the release date in the event that the release plan changes after notification.

      (4) If an inmate convicted of a violent offense, a sex offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110, escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction. If previously requested, the department shall also notify the witnesses and the victim of the crime for which the inmate was convicted or the victim's next of kin if the crime was a homicide. If the inmate is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

      (5) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

      (6) The department of corrections shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.

      (7) The department of corrections shall keep, for a minimum of two years following the release of an inmate, the following:

      (a) A document signed by an individual as proof that that person is registered in the victim or witness notification program; and

      (b) A receipt showing that an individual registered in the victim or witness notification program was mailed a notice, at the individual's last known address, upon the release or movement of an inmate.

      (8) For purposes of this section the following terms have the following meanings:

      (a) "Violent offense" means a violent offense under RCW 9.94A.030;

      (b) "Next of kin" means a person's spouse, parents, siblings and children.

      (9) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.

      Sec. 5. RCW 9.94A.120 and 1995 c 108 s 3 are each amended to read as follows:

      When a person is convicted of a felony, the court shall impose punishment as provided in this section.

      (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

      (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

      (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

      (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

      (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

      (a) Devote time to a specific employment or occupation;

      (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

      (c) Pursue a prescribed, secular course of study or vocational training;

      (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

      (e) Report as directed to the court and a community corrections officer; or

      (f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

      (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

      (i) The offender is convicted of 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 or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

      (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

      (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

      (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment ((alternative[s])) alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

      (i) Devote time to a specific employment or training;

      (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

      (iii) Report as directed to a community corrections officer;

      (iv) Pay all court-ordered legal financial obligations;

      (v) Perform community service work;

      (vi) Stay out of areas designated by the sentencing judge.

      (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

      (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

      (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

      (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

      The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

      The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

      (A) Frequency and type of contact between offender and therapist;

      (B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

      (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

      (D) Anticipated length of treatment; and

      (E) Recommended crime-related prohibitions.

      The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

      (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

      (A) The court shall place the defendant on community supervision for the length of the suspended sentence or three years, whichever is greater; and

      (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

      (I) Devote time to a specific employment or occupation;

      (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

      (III) Report as directed to the court and a community corrections officer;

      (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

      (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

      (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

      (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community supervision, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community supervision.

      (v) The court may revoke the suspended sentence at any time during the period of community supervision and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.

      (vi) Except as provided in (a)(vii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

      (vii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

      For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

      (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

      Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

      (i) Devote time to a specific employment or occupation;

      (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

      (iii) Report as directed to the court and a community corrections officer;

      (iv) Undergo available outpatient treatment.

      If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

      Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

      (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

      (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

      (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or serious violent offense committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

      (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

      (ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

      (iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;

      (iv) An offender in community custody shall not unlawfully possess controlled substances;

      (v) The offender shall pay supervision fees as determined by the department of corrections; and

      (vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.

      (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

      (i) The offender shall remain within, or outside of, a specified geographical boundary;

      (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

      (iii) The offender shall participate in crime-related treatment or counseling services;

      (iv) The offender shall not consume alcohol; ((or))

      (v) The offender shall comply with any crime-related prohibitions; or

      (vi) For an offender convicted of a felony sex offense against a minor victim after the effective date of this act, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

      (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

      (10) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

      (11) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

      (12) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

      (13) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the secretary of the department of corrections or such person as the secretary may designate and shall follow explicitly the instructions of the secretary including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment. The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

      (14) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

      (15) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

      (16) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

      (17) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

      (18) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

      (19) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

      (20) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations."

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

      On page 1, line 1 of the title, after "notification;" strike the remainder of the title and insert "amending RCW 4.24.550, 70.48.470, 72.09.340, and 9.94A.120; and reenacting and amending RCW 9.94A.155."


MOTION


      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2545, 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. 2545, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2545, as amended by the Senate, 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, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Quigley and Rinehart - 2.

      SUBSTITUTE HOUSE BILL NO. 2545, 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 Thibaudeau, Senator Loveland was excused.


SECOND READING


      HOUSE BILL NO. 2567, by Representatives Wolfe, Rust, Scheuerman, Scott, Costa, Chappell, Linville, Dickerson, Romero, McMahan, Murray, Tokuda, Morris and Conway

 

Notifying the assessor of real property actions.


      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:

      "Sec. 1. RCW 36.70B.130 and 1995 c 347 s 417 are each amended to read as follows:

      A local government planning under RCW 36.70A.040 shall provide a notice of decision that also includes a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The local government shall provide for notice of its decision as provided in RCW 36.70B.110(4). The local government shall provide notice of decision to the county assessor's office of the county or counties in which the property is situated.

      NEW SECTION. Sec. 2. A new section is added to chapter 35.22 RCW to read as follows:

      By July 31, 1997, a first class city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the first class city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.

      NEW SECTION. Sec. 3. A new section is added to chapter 35.63 RCW to read as follows:

      By July 31, 1997, a city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.

      NEW SECTION. Sec. 4. A new section is added to chapter 35A.63 RCW to read as follows:

      By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the code city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.

      NEW SECTION. Sec. 5. A new section is added to chapter 36.70 RCW to read as follows:

      By July 31, 1997, a county planning under RCW 36.70A.040 shall provide to the county assessor a copy of the county's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.

      NEW SECTION. Sec. 6. A new section is added to chapter 36.70B RCW to read as follows:

      By July 31, 1997, a local government planning under RCW 36.70A.040 shall provide to the county assessor a copy of the local government's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.

      Sec. 7. RCW 84.41.030 and 1982 1st ex.s. c 46 s 1 are each amended to read as follows:

      Each county assessor shall maintain an active and systematic program of revaluation on a continuous basis, and shall establish a revaluation schedule which will result in revaluation of all taxable real property within the county at least once each four years and physical inspection of all taxable real property within the county at least once each six years. Notwithstanding any program of revaluation established by any county assessor, each county assessor may change, as appropriate, the valuation of real property upon the receipt of a notice of decision received under RCW 36.70B.130, section 8 of this act, or chapter 35.22, 35.63, 35A.63, or 36.70 RCW pertaining to the value of the real property.

      NEW SECTION. Sec. 8. A new section is added to chapter 90.60 RCW to read as follows:

      (1) A state permit agency shall forward to the appropriate county assessor a notice of the agency's final decision with respect to a permit sought from the agency in connection with a project permit application as defined in RCW 36.70B.020.

      (2) For the purposes of this section:

      (a) "Permit" means a license, certificate, registration, permit, or other form of authorization required by a permit agency in connection with a project permit application as defined in RCW 36.70B.020; and

      (b) "State permit agency" means the department of ecology, the department of natural resources, the department of fish and wildlife, or the department of health."

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

      On page 1, line 2 of the title, after "property;" strike the remainder of the title and insert "amending RCW 36.70B.130 and 84.41.030; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70B RCW; and adding a new section to chapter 90.60 RCW."


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2567, 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 House Bill No. 2567, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2567, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      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, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator Sutherland - 1.

      Excused: Senator Loveland - 1.

      HOUSE BILL NO. 2567, 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


      HOUSE BILL NO. 2661, by Representatives L. Thomas and Wolfe (by request of State Treasurer Grimm)

 

Regulating public funds.


      The bill was read the second time.


MOTION


      On motion of Senator Prentice, the rules were suspended, House Bill No. 2661 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 House Bill No. 2661.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2661 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senators Kohl and Owen - 2.

      HOUSE BILL NO. 2661, 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.


MOTIONS


      On motion of Senator Thibaudeau, Senator Loveland was excused.

      On motion of Senator Sellar, Senator Wood was excused.

 

SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2703, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Clements, Chappell, Chandler, Koster, Lisk, Thompson and Johnson)

 

Limiting department of labor and industries authority when the department of agriculture has authority to prescribe or enforce occupational safety and health standards.


      The bill was read the second time.


MOTION


      Senator Pelz moved that the following Committee on Labor, Commerce and Trade amendment not be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. RCW 49.70.117 and 1992 c 173 s 2 & 1989 c 380 s 76 are each repealed."

      The President declared the question before the Senate to be the motion by Senator Pelz to not adopt the Committee on Labor, Commerce and Trade striking amendment to Engrossed Substitute House Bill No. 2703.

      The motion by Senator Pelz carried and the committee striking amendment was not adopted.


MOTION

 

      Senator Pelz moved that the following amendment by Senators Pelz, Rasmussen, Loveland, Newhouse, Heavey, Deccio, Franklin, Anderson, Morton and Swecker be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the state's highly productive and efficient agriculture sector is composed predominately of family owned and managed farms and an industrious and efficient work force. It is the intent of the legislature that the department of agriculture and the department of labor and industries coordinate adoption, implementation, and enforcement of a common set of worker protection standards related to pesticides in order to avoid inconsistency and conflict in the application of those rules. It is also the intent of the legislature that the department of agriculture and the department of labor and industries coordinate investigations with the department of health as well. Further, coordination of enforcement procedures under this act shall not reduce the effectiveness of the enforcement provisions of the Washington Industrial Safety and Health Act of 1973 or the Washington Pesticide Application Act. Finally, when the department of agriculture or the department of labor and industries anticipates regulatory changes to standards regarding pesticide application and handling, they shall involve the affected parties in the rule-making process and solicit relevant information. The department of agriculture and the department of labor and industries shall identify differences in their respective jurisdictions and penalty structures and publish those differences.

      NEW SECTION. Sec. 2. A new section is added to chapter 49.17 RCW to read as follows:

      (1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on the effective date of this section.

      (2)(a) No rule adopted under this chapter may impose requirements that make compliance with the federal worker protection standard impossible.

      (b) The department shall adopt by rule safety and health standards that are at least as effective as the federal standard. Standards adopted by the department under this section shall be adopted in coordination with the department of agriculture.

      (3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the federal standard, is investigated by the department and by the department of agriculture, the agencies shall conduct a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by the department under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department for this purpose. The agencies shall not issue duplicate citations to an individual or business for the same violation of the federal standard or state rules regulating activities governed by the federal standard. By December 1, 1996, the department and the department of agriculture shall jointly establish a formal agreement that: Identifies the roles of each of the two agencies in conducting investigations of activities governed by the federal standard; and provides for protection of workers and enforcement of standards that is at least as effective as provided to all workers under this chapter. The department's role under the agreement shall not extend beyond protection of safety and health in the workplace as provided under this chapter.

      NEW SECTION. Sec. 3. A new section is added to chapter 17.21 RCW to read as follows:

      (1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on the effective date of this section.

      (2)(a) No rule adopted under this chapter may impose requirements that make compliance with the federal worker protection standard impossible.

      (b) The department shall adopt by rule safety and health standards that are at least as effective as the federal standard. Standards adopted by the department under this section shall be adopted in coordination with the department of labor and industries.

      (3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the federal standard, is investigated by the department and by the department of labor and industries, the agencies shall conduct a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by the department of labor and industries under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department of labor and industries for this purpose. The agencies shall not issue duplicate citations to an individual or business for the same violation of the federal standard or state rules regulating activities governed by the federal standard. By December 1, 1996, the department and the department of labor and industries shall jointly establish a formal agreement that: Identifies the roles of each of the two agencies in conducting investigations of activities governed by the federal standard; and provides for protection of workers and enforcement of standards that is at least effective as provided for other enforcement under this chapter.

      NEW SECTION. Sec. 4. By December 1, 1996, the department of agriculture and the department of labor and industries shall report to the standing committees of the legislature dealing with agriculture and labor matters on the implementation and impact of this act. The report shall include the number of multiple on-site investigations for the same incident during 1996 and the reasons why the investigations were not coordinated.

      NEW SECTION. Sec. 5. RCW 49.70.117 and 1992 c 173 s 2 & 1989 c 380 s 76 are each repealed.

      NEW SECTION. Sec. 6. 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. 7. Section 5 of 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.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Pelz, Rasmussen, Loveland, Newhouse, Heavey, Deccio, Franklin, Anderson, Morton and Swecker to Engrossed Substitute House Bill No. 2703.

      The motion by Senator Pelz carried and the striking amendment was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "health;" strike the remainder of the title and insert "adding a new section to chapter 49.17 RCW; adding a new section to chapter 17.21 RCW; creating new sections; repealing RCW 49.70.117; and declaring an emergency."

      On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 2703, 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 Senate Bill No. 2703, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2703, as amended by the Senate, 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, 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 and Zarelli - 47.

      Excused: Senators Loveland and Wood - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2703, 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


      HOUSE BILL NO. 2811, by Representatives L. Thomas, Robertson, Hickel, Pelesky, Mitchell, Kessler, Keiser, Blanton, Wolfe, Boldt and Thompson

 

Authorizing community and technical college districts and the state board for community and technical colleges to participate with the state in investing surplus funds.


      The bill was read the second time.


MOTION


      On motion of Senator Drew, the rules were suspended, House Bill No. 2811 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 House Bill No. 2811.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2811 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, 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 and Zarelli - 47.

      Excused: Senators Loveland and Wood - 2.

      HOUSE BILL NO. 2811, 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. 2836, by Representatives K. Schmidt, R. Fisher and Blanton

 

Authorizing speed limits set according to engineering and traffic studies.


      The bill was read the second time.


MOTION


      On motion of Senator Owen, the rules were suspended, House Bill No. 2836 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 House Bill No. 2836.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2836 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, 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 and Zarelli - 47.

      Excused: Senators Loveland and Wood - 2.

      HOUSE BILL NO. 2836, 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. 2199, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Schoesler, Sheldon, Hymes, Honeyford, Delvin, Robertson, Campbell, Johnson, Boldt, Linville, Goldsmith and McMahan)

 

Granting water rights to certain persons who were water users before January 1, 1993.


      The bill was read the second time.


MOTIONS


      Senator Spanel 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 90.03 RCW to read as follows:

      (1) This section shall apply only within a water resource inventory area, as such areas were defined in chapter 173-500 WAC as it existed on January 1, 1996, that meets all of the following:

      (a) More than two hundred fifty applications for water use authorizations or modifications were filed with the department and pending on April 1, 1996, that requested authorization for water uses commenced before January 1, 1993; and

      (b) There was no proceeding for general adjudication of water rights filed in superior court for the basin on or before January 1, 1996.

      (2) On or before June 30, 1997, the department shall issue a permit for the appropriation of water to the persons satisfying the requirements of subsection (4) of this section. The permit shall be conditioned for the protection of streamflows consistent with any adopted rule for the protection of instream resources. The department shall review streamflow requirements in existing rules and the requirements for stream segments for which rules have not been adopted for the purpose of conditioning permits issued under this section in order to ensure the viability of fish and wildlife resources, including but not limited to the continued production of fish in numbers that will sustain the commercial, sport, and tribal fisheries in the water resource inventory area, and that will ensure the protection of other instream resources. The department's review and required mitigating conditions under this subsection shall accord strong consideration to the review and recommendations of a watershed planning task force applicable to the area that includes a broad range of water resource interests in the basin, including existing and prospective water rights holders, tribal and local governments, and agricultural, business, environmental, fisheries, and recreational interests. In developing proposed permit conditions the department shall consider alternatives to mitigate the impacts of permit issuance upon streamflows and other existing water rights, including changes in source of supply from surface water to ground water sources and the provision of substitute sources of supply to mitigate impacts upon existing rights and streamflows. The department shall allow a change in source of supply from surface water to a ground water source that is not in immediate hydraulic continuity with surface water as mitigation for potential impacts to streamflows and existing rights, unless the department makes specific findings supported by the permit application record that the proposed change will have a significant detriment to existing rights or to minimum streamflows necessary for the protection of instream resources.

      (3) Upon a showing satisfactory to the department that the conditions of the permit have been implemented and that the appropriation has been perfected in accordance with the other provisions of this chapter, the department shall issue a certificate of water right in accordance with RCW 90.03.330.

      (4) To qualify for a permit issued pursuant to subsection (2) of this section a person must meet the following limitations:

      (a) The person must have placed surface or ground water to beneficial use for agricultural irrigation or stock watering purposes before January 1, 1993, for which a permit or certificate was not issued by the department or its predecessors;

      (b) The person filed with the department before April 1, 1996, an application for the water beneficially used;

      (c) The person or the person's successor files with the department a statement requesting to qualify under this section during the period beginning September 1, 1996, and ending midnight March 31, 1997; and

      (d) The person or the person's successor files with the statement evidence that the water described in the statement was used beneficially before January 1, 1993, in the form of any two or more of the following:

      (i) A statement signed by two persons who are not related by family to the person filing the statement required by (c) of this subsection verifying that the water was beneficially used by the claimant before January 1, 1993, as described in the statement required by (c) of this subsection;

      (ii) A copy of a dated photograph clearly demonstrating the presence of a high value crop requiring irrigation in the amounts asserted in the statement or of livestock requiring water in such amounts; or records of receipts of the sale of crops by the person or the person's successor indicating that irrigation in the amount claimed was required to produce the crops; or records of receipts of the sale of milk by the person or the person's successor indicating that stockwatering in the amount requested was required to produce the milk marketed;

      (iii) Receipts or records of irrigation or stockwatering equipment purchases or repairs associated with the water use specified in the statement;

      (iv) Water well construction records identifying the date the well specified in the statement as the point of withdrawal was constructed;

      (v) Records of electricity bills directly associated with the withdrawal of water as specified in the statement; or

      (vi) Personal records such as photographs, journals, or correspondence indicating the use of water as asserted in the statement.

      (5) The priority date of a permit issued under this section shall be the date and time of filing with the department the statement required under subsection (4)(c) of this section.

      (6) The department's decision upon the conditions to be included within a permit issued under this section, but not the permit issuance, is appealable to the pollution control hearings board under RCW 43.21B.110.

      (7) Effective July 1, 1997, in any water resource inventory area for which permits have been issued under this section, the department is authorized to regulate as among water rights claimants, for the protection of adopted streamflow levels, or to enforce the conditions of any permit issued under this section or otherwise issued for water withdrawals from water sources within the area. In issuing regulatory orders pursuant to this subsection, the department shall first determine whether any use of water is based on a valid existing water right. In making such determination, the department shall investigate and make a tentative determination as to the priority, quantity, place of use, and point of diversion of the water right. Unless exigent circumstances exist, the department shall notify the person whose use of water will be regulated before issuing an order of regulation. The notice shall state that the order of regulation shall be issued in three days after receipt of the notice, unless the person can show cause in writing to the department why the department's decision is in error. The order of regulation shall be effective immediately upon issuance, unless otherwise stated in the order. The department's determination of the validity of a water right is not binding in any subsequent general adjudication, but is prima facie evidence of the existence and conditions of the right.

      (8) A permit granted under this section shall not affect or impair in any respect whatsoever a water right or an application for a water right existing before April 1, 1996.

      NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, this act is null and void."


      On motion of Senator Spanel, the following amendments by Senators Spanel, Fraser and Anderson to the Committee on Ways and Means striking amendment were considered simultaneously and were adopted:

      On page 1, line 14 of the amendment, after "on" strike "April 1" and insert "January 1"

      On page 2, line 26 of the amendment, after "before" strike "April 1" and insert "January 1"

      On page 4, line 11 of the amendment, after "before" strike "April 1" and insert "January 1"


MOTION


      On motion of Senator Anderson, the following amendments by Senators Anderson and Spanel to the Committee on Ways and Means striking amendment were considered simultaneously and were adopted:

      On page 1, line 25, after "requirements for" insert "additional"

      On page 1, line 25, after "adopted" Strike all material through "resources" on line 31

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment, as amended, to Substitute House Bill No. 2199.

      The committee amendment, as amended, was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "adding a new section to chapter 90.03 RCW; and creating a new section."

      On motion of Senator Spanel, the rules were suspended, Substitute House Bill No. 2199, 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.


POINT OF INQUIRY


      Senator Anderson: "Senator Spanel, is it your understanding that under the provisions of the striking amendment on page 2, lines 7 through 14, that it is the responsibility of the Department of Ecology to demonstrate the existence and impact of hydraulic continuity?"

      Senator Spanel: "Senator Anderson, yes, under the provisions of this amendment, it is the intent of the Legislature that the burden of proof regarding the impact of ground water on surface water, in regard to changing a source of supply from surface water to ground water, is placed on the Department of Ecology, and not on permit applicants or holders."


MOTION


      On motion of Senator Thibaudeau, Senator Rinehart was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2199, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2199, 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, 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 and Zarelli - 46.

      Excused: Senators Loveland, Rinehart and Wood - 3.

      SUBSTITUTE HOUSE BILL NO. 2199, 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. 2188, by House Committee on Health Care (originally sponsored by Representatives Backlund, Hymes, Dyer, Sherstad and Horn)

 

Requiring a majority vote of the medical quality assurance commission to revoke a physician's license.


      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 18.71.019 and 1994 sp.s. c 9 s 305 are each amended to read as follows:

      The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice and the issuance and denial of licenses and discipline of licensees under this chapter. When a panel of the commission revokes a license, the respondent may request review of the revocation order of the panel by the remaining members of the commission not involved in the initial investigation. The respondent's request for review must be filed within twenty days of the effective date of the order revoking the respondent's license. The review shall be scheduled for hearing by the remaining members of the commission not involved in the initial investigation within sixty days. The commission shall adopt rules establishing review procedures."

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

      On page 1, line 1 of the title, after "license;" strike the remainder of the title and insert "and amending RCW 18.71.019."


MOTION


      On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 2188, 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. 2188, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2188, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.

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

      Absent: Senators Deccio, McDonald and Schow - 3.

      Excused: Senators Loveland, Rinehart and Wood - 3.

      SUBSTITUTE HOUSE BILL NO. 2188, 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. 2420, by House Committee on Law and Justice (originally sponsored by Representatives McMorris, Sheahan, Thompson, Koster, Buck, Mastin, McMahan, Grant, Schoesler, Crouse, Chandler, Dyer, Smith, Campbell, Goldsmith, Radcliff, Boldt, Mulliken, Beeksma, Robertson, Morris, Fuhrman, L. Thomas, Sterk, D. Schmidt, Johnson, Chappell, Carrell, Hatfield, Sheldon, Sherstad, Stevens, Honeyford, Elliot, Huff, Van Luven, B. Thomas, Pennington, Kessler and Benton)

 

Revising standards for qualification to possess firearms.


      The bill was read the second time.


MOTION


      Senator Smith moved that the following Committee on Law and Justice amendment not be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9.41.010 and 1994 sp.s. c 7 s 401 and 1994 c 121 s 1 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) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

      (2) "Pistol" means any firearm with a barrel less than ((twelve)) sixteen inches in length, or is designed to be held and fired by the use of a single hand.

      (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

      (4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

      (5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

      (6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

      (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

      (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

      (9) "Loaded" means:

      (a) There is a cartridge in the chamber of the firearm;

      (b) ((Bullets)) Cartridges are in a clip that is locked in place in the firearm;

      (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; ((or))

      (d) There is a cartridge in the tube((,)) or magazine((, or other compartment of the firearm)) that is inserted in the action; or

      (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

      (10) "Dealer" means a person engaged in the business of selling firearms ((or ammunition)) at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

      (11) "Crime of violence" 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, ((rape in the second degree,)) 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, burglary in the second degree, residential burglary, and robbery in the second degree;

      (b) Any conviction for a felony offense in effect at any time prior to ((July 1, 1976)) the effective date of this act, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and

      (c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.

      (12) "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 crime of violence;

      (b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;

      (c) Child molestation in the second degree;

      (((c) Controlled substance homicide;))

      (d) Incest when committed against a child under age fourteen;

      (e) Indecent liberties;

      (f) Leading organized crime;

      (g) Promoting prostitution in the first degree;

      (h) Rape in the third degree;

      (i) Reckless endangerment in the first degree;

      (j) Sexual exploitation;

      (((j))) (k) Vehicular assault;

      (((k))) (l) 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;

      (((l))) (m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

      (((m))) (n) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or

      (((n))) (o) Any felony offense in effect at any time prior to ((July 1, 1994,)) the effective date of this act that is comparable to a serious offense, 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 serious offense.

      (13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.

      (14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

      (15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.

      (16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.

      Sec. 2. RCW 9.41.040 and 1995 c 129 s 16 (Initiative Measure No. 159) are each reenacted and amended to read as follows:

      (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted in this state or elsewhere of any serious offense as defined in this chapter((, residential burglary, reckless endangerment in the first degree, any felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW, classified as a class A or class B felony, or with a maximum sentence of at least ten years, or both, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (3) or (4) of this section)).

      (b) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under (a) of this subsection for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

      (i) After having previously been convicted in this state or elsewhere of any ((remaining)) felony ((violation of the Uniform Controlled Substances Act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction)) not specifically listed as prohibiting firearm possession under (a) of this subsection, ((any remaining felony in which a firearm was used or displayed and the felony is not specifically listed as prohibiting firearm possession under (a) of this subsection,)) or any ((domestic violence offense enumerated in RCW 10.99.020(2), or any harassment offense enumerated in RCW 9A.46.060, except as otherwise provided in subsection (3) or (4) of this section)) of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking; violation of the provisions of a restraining order restraining the person or excluding the person from a residence (RCW 26.09.300); or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

      (ii) ((After having previously been convicted on three occasions within five years of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;

      (iii))) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047; ((and/or

      (iv))) (iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or

      (iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.

      (2)(a) Unlawful possession of a firearm in the first degree is a class B felony, punishable under chapter 9A.20 RCW.

      (b) Unlawful possession of a firearm in the second degree is a class C felony, punishable under chapter 9A.20 RCW.

      (3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this ((section)) chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.

      (4) Notwithstanding subsection (1) of this section, a person convicted of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) of this section and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:

      (a) Under RCW 9.41.047; and/or

      (b) After five or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360.

      (5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.

      (6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.

      (7) Each firearm unlawfully possessed under this section shall be a separate offense.

      Sec. 3. RCW 9.41.047 and 1994 sp.s. c 7 s 404 are each reenacted and amended to read as follows:

      (1)(((a))) At the time a person is convicted of an offense making the person ineligible to possess a firearm, or at the time a person is committed by court order under RCW 71.05.320, 71.34.090, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record.

      The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.

      (2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority which, upon receipt of such notification, shall immediately revoke the license.

      (3) ((A person who is prohibited from possessing a firearm by reason of having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug may, after five continuous years without further conviction for any alcohol-related offense, petition a court of record to have his or her right to possess a firearm restored.

      (4)))(a) A person who is prohibited from possessing a firearm, by reason of having been ((either:

      (ii))) involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction((,)) may, upon discharge, petition a court of record to have his or her right to possess a firearm restored.

      (((b) At a minimum, a petition under this subsection (4) shall include the following:

      (i) The fact, date, and place of commitment;

      (ii) The place of treatment;

      (iii) The fact and date of release from commitment;

      (iv) A certified copy of the most recent order, if one exists, of commitment, with the findings of fact and conclusions of law; and

      (v) A statement by the person that he or she is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, to others, or to the public safety.)) At the time of commitment, the court shall specifically state to the person that he or she is barred from possession of firearms.

      (b) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that the person is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, others, or the public. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.

      (c) A person petitioning the court under this subsection (((4))) (3) shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.

      (4)(a) A person shall not be precluded from possession of a firearm if three years have elapsed since the date of conviction for any domestic violence offense enumerated in this subsection.

      (b) The prosecutor may petition the superior court, prior to the expiration of the period prescribed in this subsection, to deny restoration of the right to possess a firearm for an additional three years. The person must be given adequate notice to respond to the petition. The court may deny restoration of the right to possess a firearm if it finds by clear and convincing evidence that the person eligible for restoration poses a manifest risk to public safety by reason of criminal activity or mental instability.

      Sec. 4. RCW 9.41.050 and 1994 sp.s. c 7 s 405 are each amended to read as follows:

      (1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol. Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection shall be a class 1 civil infraction under chapter 7.84 RCW and shall be punished accordingly pursuant to chapter 7.84 RCW and the infraction rules for courts of limited jurisdiction.

      (2) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

      (3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

      (4) Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:

      (a) Licensed under RCW 9.41.070 to carry a concealed pistol;

      (b) In attendance at a hunter's safety course or a firearms safety course;

      (c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

      (d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

      (e) ((Hunting or trapping under a valid license issued to the person under Title 77 RCW)) Engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

      (f) In an area where the discharge of a firearm is permitted, and is not trespassing;

      (g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;

      (h) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, ((secured)) placed in a gun rack, or otherwise secured in place in a vehicle, provided that this subsection (4)(h) does not apply to motor homes if the firearms are not within the driver's compartment of the motor home while the vehicle is in operation. Notwithstanding (a) of this subsection, and subject to federal and state park regulations regarding firearm possession therein, a motor home shall be considered a residence when parked at a recreational park, campground, or other temporary residential setting for the purposes of enforcement of this chapter;

      (i) On real property under the control of the person or a relative of the person;

      (j) At his or her residence;

      (k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty;

      (l) Is a law enforcement officer; ((or))

      (m) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair; or

      (n) An armed private security guard or armed private detective licensed by the department of licensing, while on duty or enroute to and from employment.

      (5) Violation of any of the prohibitions of subsections (2) through (4) of this section is a misdemeanor.

      (6) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

      (((6))) (7) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section.

      Sec. 5. RCW 9.41.060 and 1995 c 392 s 1 are each amended to read as follows:

      The provisions of RCW 9.41.050 shall not apply to:

      (1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers;

      (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

      (3) Officers or employees of the United States duly authorized to carry a concealed pistol;

      (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

      (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

      (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

      (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

      (8) ((Individual hunters when on a hunting, camping, or fishing trip)) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

      (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

      (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted of a crime making him or her ineligible for a concealed pistol license.

      Sec. 6. RCW 9.41.070 and 1995 c 351 s 1 are each amended to read as follows:

      (1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.

      The applicant's constitutional right to bear arms shall not be denied, unless:

      (a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;

      (b) The applicant's concealed pistol license is in a revoked status;

      (c) He or she is under twenty-one years of age;

      (d) He or she is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070;

      (e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a ((serious)) felony offense;

      (f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

      (g) He or she has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person((; or

      (h)(i) He or she has been convicted of any crime against a child or other person listed in RCW 43.43.830(5).

      (ii) Except as provided in (h)(iii) of this subsection, any person who becomes ineligible for a concealed pistol license as a result of a conviction for a crime listed in (h)(i) of this subsection and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition a court of record for a declaration that the person is no longer ineligible for a concealed pistol license under (h)(i) of this subsection)).

      (((iii))) No person convicted of a ((serious offense as defined in RCW 9.41.010)) felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.

      (2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.

      (3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.

      (4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, not more than two complete sets of fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.

      The application for an original license shall include two complete sets of fingerprints to be forwarded to the Washington state patrol.

      The license and application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.


      The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall meet the additional requirements of RCW 9.41.170 and produce proof of compliance with RCW 9.41.170 upon application. The license shall be in triplicate and in a form to be prescribed by the department of licensing.

      The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent ((by registered mail)) to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.

      The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.

      (5) The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six dollars plus additional charges imposed by the Federal Bureau of Investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.

      The fee shall be distributed as follows:

      (a) Fifteen dollars shall be paid to the state general fund;

      (b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

      (c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

      (d) Three dollars to the firearms range account in the general fund.

      (6) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.

      The renewal fee shall be distributed as follows:

      (a) Fifteen dollars shall be paid to the state general fund;

      (b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

      (c) Three dollars to the firearms range account in the general fund.

      (7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.

      (8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

      (9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee shall be distributed as follows:

      (a) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

      (b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

      (10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.

      (11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.

      (12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.

      (13) A person may apply for a concealed pistol license:

      (a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;

      (b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or

      (c) Anywhere in the state if the applicant is a nonresident.

      Sec. 7. RCW 9.41.075 and 1994 sp.s. c 7 s 408 are each amended to read as follows:

      (1) ((The)) A concealed pistol license shall be revoked by the license-issuing authority immediately upon:

      (a) Discovery by the issuing authority that the person ((was)) is ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;

      (b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm;

      (c) Conviction of the licensee for a third violation of this chapter within five calendar years; or

      (d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(((d))) (e).

      (2)(((a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.

      (b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.

      (3))) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(((d))) (e), the issuing authority shall:

      (a) On the first forfeiture, revoke the license for one year;

      (b) On the second forfeiture, revoke the license for two years; or

      (c) On the third or subsequent forfeiture, revoke the license for five years.

      Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(((1)(d))) may not reapply for a new license until the end of the revocation period.

      (((4))) (3) The issuing authority shall notify, in writing, the department of licensing of the revocation or denial of a license. The department of licensing shall record the revocation or denial. Denial information shall be maintained by the department of licensing for the purposes of background checks and statistical research.

      (4) Unless otherwise provided, revocation periods for concealed pistol licenses shall be consistent with restoration periods set forth in RCW 9.41.047, or three years, whichever is the longer.

      (5) Any person whose license is revoked may not reapply for a new license until the end of the revocation period.

      (6) Notice of revocation of a license shall additionally require the license holder to surrender the license to the issuing authority. Refusal to comply with this requirement within thirty days is a misdemeanor and shall be punished accordingly.

      Sec. 8. RCW 9.41.090 and 1994 sp.s. c 7 s 410 and 1994 c 264 s 1 are each reenacted and amended to read as follows:

      (1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:

      (a) The purchaser produces a valid concealed pistol license and the dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (5) of this section. For purposes of this subsection (1)(a), a "valid concealed pistol license" does not include a temporary emergency license, and does not include any license issued before July 1, 1994, unless the issuing agency conducted a records search for disqualifying crimes under RCW 9.41.070 at the time of issuance;

      (b) The dealer is notified in writing by the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff; or

      (c) Five business days, meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (5) of this section, and, when delivered, the pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.

      (2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.

      (b) Once the system is established, a dealer shall use the state system and national instant criminal background check system, provided for by the Brady Handgun ((Control)) Violence Prevention Act (((H.R. 1025, 103rd Cong., 1st Sess. (1993)))) (18 U.S.C. Sec. 921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic data base and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.

      (3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the dealer so that the hold may be released if the warrant was for an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a pistol.

      (4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. ((An applicant)) A dealer shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.

      (5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the dealer an application containing his or her full name, ((street)) residential address, date and place of birth, race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; a description of the pistol including the make, model, caliber and manufacturer's number if available at the time of applying for the purchase of a pistol. If the manufacturer's number is not available, the application may be processed, but delivery of the pistol to the purchaser may not occur unless the manufacturer's number is recorded on the application by the dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser resides; and a statement that the purchaser is eligible to possess a pistol under RCW 9.41.040.

      The application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.


The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

      The dealer shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the dealer is notified of an investigative hold under subsection (4) of this section in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser is not eligible to possess a pistol under RCW 9.41.040 or 9.41.045, or federal law.

      The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.

      (6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.

      (7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.

      Sec. 9. RCW 9.41.0975 and 1994 sp.s. c 7 s 413 are each amended to read as follows:

      (1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:

      (a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;

      (b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;

      (c) For issuing a concealed pistol license to a person ineligible for such a license;

      (d) For failing to issue a concealed pistol license to a person eligible for such a license;

      (e) For revoking or failing to revoke an issued concealed pistol license; ((or))

      (f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license;

      (g) For issuing a dealer's license to a person ineligible for such a license; or

      (h) For failing to issue a dealer's license to a person eligible for such a license.

      (2) An application may be made to a court of competent jurisdiction for a writ of mandamus:

      (a) Directing an issuing agency to issue a concealed pistol license wrongfully refused;

      (b) Directing a law enforcement agency to approve an application to purchase wrongfully denied; ((or))

      (c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or in the wrongful denial of a purchase application be corrected; or

      (d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.

      The application for the writ may be made in the county in which the application for a concealed pistol license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.

      Sec. 10. RCW 9.41.098 and 1994 sp.s. c 7 s 414 are each amended to read as follows:

      (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

      (a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;

      (b) Commercially sold to any person without an application as required by RCW 9.41.090;

      (c) ((Found)) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;

      (d) ((Found)) In the possession or under the control of a person at the time the person committed or was arrested for committing a ((serious offense)) felony or committing a nonfelony crime in which a firearm was used or displayed ((or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW));

      (e) ((Found concealed on)) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;

      (f) ((Found)) In the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a ((serious offense)) felony or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;

      (g) ((Found)) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;

      (h) ((Known to have been)) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or

      (i) ((Known to have been)) Used in the commission of a ((serious offense)) felony or of a nonfelony crime in which a firearm was used or displayed ((or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW)).

      (2) Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.

      (a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993((, and applies only if the law enforcement agency has complied with (b) of this subsection)).

      By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.

      (b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:

      (i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or

      (ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.

      (c) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.

      (d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.

      (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.

      (4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.

      Sec. 11. RCW 9.41.110 and 1994 sp.s. c 7 s 416 are each amended to read as follows:

      (1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ((pistol)) firearm without being licensed as provided in this section.

      (2) ((No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.

      (3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.

      (4))) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses to dealers whose businesses are within the licensing authority's jurisdiction in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited pursuant to procedures consistent with chapter 34.05 RCW and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.810. A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.

      (((5))) (3)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.

      (b) A dealer shall require every employee who does not possess a valid concealed pistol license and who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. Background checks of employees who possess valid concealed pistol licenses do not need to be fingerprint-based. A dealer shall not be issued a license until all required employees submit fingerprints for this check. Dealers who knowingly allow ineligible employees to sell firearms shall be subject to license revocation by the licensing authority. The department of licensing shall develop procedures for revocation and suspension of dealers' licenses under this section. An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.

      (((6))) (4)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.

      (b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location ((is within Washington state and)) is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (((6))) (4)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.

      In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 9.41.110. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (((8))) (7) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.

      (((7))) (5) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.

      (((8))) (6) The department of licensing shall develop licensing procedures for corporations with multiple sales outlets.

      (7)(a) No pistol may be sold: (i) In violation of any provisions of RCW 9.41.010 through 9.41.810; nor (ii) may a pistol be sold under any circumstances unless the purchaser is personally known to the dealer or shall present clear evidence of his or her identity.

      (b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.

      (c) ((The license fee for pistols shall be one hundred twenty-five dollars.)) The license fee for firearms ((other than pistols)) shall be one hundred twenty-five dollars. ((The license fee for ammunition shall be one hundred twenty-five dollars.)) Any dealer who obtains any license under subsection (1)((, (2), or (3))) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be distributed as follows:

      (i) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

      (ii) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter;

      (iii) Twenty-four dollars shall be paid to the Federal Bureau of Investigation for the purposes of conducting a fingerprint-based background check;

      (iv) The remainder shall be deposited in the account under RCW 69.50.520. The licensing authority shall waive fingerprint submissions for any dealer who has had fingerprints submitted and has successfully passed such a background check within the past two years for the purpose of (A) issuance of a dealer's license, or (B) issuance of a concealed pistol license. In such event, the fees not submitted to the Federal Bureau of Investigation shall be deposited in the account under RCW 69.50.520.

      (((9)(a))) (8) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, and place of birth of the purchaser and a statement signed by the purchaser that he or she is not ineligible under RCW 9.41.040 to possess a firearm.

      (((b) One copy shall within six hours be sent by certified mail to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.

      (10))) (9) Subsections (2) through (((9))) (8) of this section shall not apply to sales at wholesale.

      (((11))) (10) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.

      (((12))) (11) Except as provided in RCW 9.41.090, every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.

      Sec. 12. RCW 9.41.170 and 1994 c 190 s 1 are each amended to read as follows:

      (1) It is a class C felony for any person who is not a citizen of the United States to carry or possess any firearm, without first having obtained an alien firearm license from the director of licensing. In order to be eligible for a license, an alien must provide proof that he or she is lawfully present in the United States, which the director of licensing shall verify through the appropriate authorities. Except as provided in subsection (2)(a) of this section, and subject to the additional requirements of subsection (2)(b) of this section, the director of licensing may issue an alien firearm license only upon receiving from the consul domiciled in this state representing the country of the alien, a certified copy of the alien's criminal history in the alien's country indicating the alien is not ineligible under RCW 9.41.040 to own, possess, or control a firearm, and the consul's attestation that the alien is a responsible person.

      (2)(a) Subject to the additional requirements of (b) of this subsection, the director of licensing may issue an alien firearm license without a certified copy of the alien's criminal history or the consul's attestation required by subsection (1) of this section, if the alien has been a resident of this state for at least two years and: (i) The alien is from a country without a consul domiciled within this state, or (ii) the consul has failed to provide, within ninety days after a request by the alien, the criminal history or attestation required by subsection (1) of this section.

      (b) Before issuing an alien firearm license under subsection (1) of this section or this subsection (2), the director of licensing shall ask the local law enforcement agency of the jurisdiction in which the alien resides to complete a background and fingerprint check to determine the alien's eligibility under RCW 9.41.040 to own, possess, or control a firearm. The law enforcement agency shall complete a background check within thirty days after the request, unless the alien does not have a valid Washington driver's license or Washington state identification card. In the latter case, the law enforcement agency shall complete the background check within sixty days after the request.

      A signed application for an alien firearm license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for an alien firearm license to an inquiring law enforcement agency.

      (3) The ((fee for an)) alien firearm license shall be ((twenty-five dollars, and the license shall be)) valid for ((four)) five years from the date of issue so long as the alien is lawfully present in the United States. The nonrefundable fee, paid upon application, for the five-year license shall be fifty-five dollars plus additional charges imposed by the federal bureau of investigation that are passed on to the applicant. The fee shall be distributed as follows:

      (a) Fifteen dollars shall be paid to the department of licensing;

      (b) Twenty-five dollars shall be paid to the Washington state patrol; and

      (c) Fifteen dollars shall be paid to the local law enforcement agency conducting the background check.

      (4) This section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license.

      Sec. 13. RCW 9.41.190 and 1994 sp.s. c 7 s 420 are each amended to read as follows:

      (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.

      (2) This section shall not apply to:

      (a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or

      (b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check under RCW 9.41.110(3)(b), who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles:

      (i) To be used or purchased by the armed forces of the United States;

      (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies or their employees; or

      (iii) For exportation in compliance with all applicable federal laws and regulations.

      (3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law.

      (4) Any person violating this section is guilty of a class C felony.

      Sec. 14. RCW 9.41.280 and 1995 c 87 s 1 are each amended to read as follows:

      (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

      (a) Any firearm;

      (b) Any other dangerous weapon as defined in RCW 9.41.250;

      (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

      (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

      (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

      (2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall ((lose)) have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

      Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

      (3) Subsection (1) of this section does not apply to:

      (a) Any student or employee of a private military academy when on the property of the academy;

      (b) Any person engaged in military, law enforcement, or school district security activities;

      (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

      (d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

      (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

      (f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

      (g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

      (h) Any law enforcement officer of the federal, state, or local government agency.

      (4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

      (5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

      (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

      Sec. 15. RCW 9.41.800 and 1994 sp.s. c 7 s 430 are each amended to read as follows:

      (1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a ((serious offense)) felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:

      (a) Require the party to surrender any firearm or other dangerous weapon;

      (b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

      (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

      (d) Prohibit the party from obtaining or possessing a concealed pistol license.

      (2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a ((serious offense)) felony, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:

      (a) Require the party to surrender any firearm or other dangerous weapon;

      (b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;

      (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

      (d) Prohibit the party from obtaining or possessing a concealed pistol license.

      (3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.

      (4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

      (5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.

      (6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court."

      The President declared the question before the Senate to be the motion by Senator Smith that the Committee on Law and Justice striking amendment to Substitute House Bill No. 2420 not be adopted.

      The motion by Senator Smith carried and the committee striking amendment was not adopted.


MOTION


      Senator Smith moved that the following amendment by Senators Smith, Hargrove, Fairley, Kohl, Wojahn, Long and Franklin be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9.41.010 and 1994 sp.s. c 7 s 401 and 1994 c 121 s 1 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) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

      (2) "Pistol" means any firearm with a barrel less than ((twelve)) sixteen inches in length, or is designed to be held and fired by the use of a single hand.

      (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

      (4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

      (5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

      (6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

      (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

      (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

      (9) "Loaded" means:

      (a) There is a cartridge in the chamber of the firearm;

      (b) ((Bullets)) Cartridges are in a clip that is locked in place in the firearm;

      (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; ((or))

      (d) There is a cartridge in the tube((,)) or magazine((, or other compartment of the firearm)) that is inserted in the action; or

      (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

      (10) "Dealer" means a person engaged in the business of selling firearms ((or ammunition)) at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

      (11) "Crime of violence" 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, ((rape in the second degree,)) 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, burglary in the second degree, residential burglary, and robbery in the second degree;

      (b) Any conviction for a felony offense in effect at any time prior to ((July 1, 1976)) the effective date of this act, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and

      (c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.

      (12) "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 crime of violence;

      (b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;

      (c) Child molestation in the second degree;

      (((c) Controlled substance homicide;))

      (d) Incest when committed against a child under age fourteen;

      (e) Indecent liberties;

      (f) Leading organized crime;

      (g) Promoting prostitution in the first degree;

      (h) Rape in the third degree;

      (i) Reckless endangerment in the first degree;

      (j) Sexual exploitation;

      (((j))) (k) Vehicular assault;

      (((k))) (l) 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;

      (((l))) (m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

      (((m))) (n) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or

      (((n))) (o) Any felony offense in effect at any time prior to ((July 1, 1994,)) the effective date of this act that is comparable to a serious offense, 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 serious offense.

      (13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.

      (14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

      (15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.

      (16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.

      (17) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.

      Sec. 2. RCW 9.41.040 and 1995 c 129 s 16 (Initiative Measure No. 159) are each reenacted and amended to read as follows:

      (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted in this state or elsewhere of any serious offense as defined in this chapter((, residential burglary, reckless endangerment in the first degree, any felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW, classified as a class A or class B felony, or with a maximum sentence of at least ten years, or both, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (3) or (4) of this section)).

      (b) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under (a) of this subsection for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

      (i) After having previously been convicted in this state or elsewhere of any ((remaining)) felony ((violation of the Uniform Controlled Substances Act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction)) not specifically listed as prohibiting firearm possession under (a) of this subsection, ((any remaining felony in which a firearm was used or displayed and the felony is not specifically listed as prohibiting firearm possession under (a) of this subsection,)) or any ((domestic violence offense enumerated in RCW 10.99.020(2), or any harassment offense enumerated in RCW 9A.46.060, except as otherwise provided in subsection (3) or (4) of this section)) of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment in the second degree, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

      (ii) ((After having previously been convicted on three occasions within five years of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;

      (iii))) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047; ((and/or

      (iv))) (iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or

      (iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.

      (2)(a) Unlawful possession of a firearm in the first degree is a class B felony, punishable under chapter 9A.20 RCW.

      (b) Unlawful possession of a firearm in the second degree is a class C felony, punishable under chapter 9A.20 RCW.

      (3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this ((section)) chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.

      (4) Notwithstanding subsection (1) of this section, a person convicted of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) of this section and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:

      (a) Under RCW 9.41.047; and/or

      (b)(i) If the conviction was for a felony offense, after five or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360; or

      (ii) If the conviction was for a nonfelony offense, after three or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360 and the individual has completed all conditions of the sentence.

      (5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.

      (6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.

      (7) Each firearm unlawfully possessed under this section shall be a separate offense.

      Sec. 3. RCW 9.41.047 and 1994 sp.s. c 7 s 404 are each reenacted and amended to read as follows:

      (1)(((a))) At the time a person is convicted of an offense making the person ineligible to possess a firearm, or at the time a person is committed by court order under RCW 71.05.320, 71.34.090, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record.

      The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.

      (2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority which, upon receipt of such notification, shall immediately revoke the license.

      (3) ((A person who is prohibited from possessing a firearm by reason of having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug may, after five continuous years without further conviction for any alcohol-related offense, petition a court of record to have his or her right to possess a firearm restored.

      (4)))(a) A person who is prohibited from possessing a firearm, by reason of having been ((either:

      (ii))) involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction((,)) may, upon discharge, petition a court of record to have his or her right to possess a firearm restored.

      (((b) At a minimum, a petition under this subsection (4) shall include the following:

      (i) The fact, date, and place of commitment;

      (ii) The place of treatment;

      (iii) The fact and date of release from commitment;

      (iv) A certified copy of the most recent order, if one exists, of commitment, with the findings of fact and conclusions of law; and

      (v) A statement by the person that he or she is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, to others, or to the public safety.)) At the time of commitment, the court shall specifically state to the person that he or she is barred from possession of firearms.

      (b) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that the person is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, others, or the public. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.

      (c) A person petitioning the court under this subsection (((4))) (3) shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.

      Sec. 4. RCW 9.41.050 and 1994 sp.s. c 7 s 405 are each amended to read as follows:

      (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

      (b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.84 RCW and shall be punished accordingly pursuant to chapter 7.84 RCW and the infraction rules for courts of limited jurisdiction.

      (2) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

      (3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

      (4) Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:

      (a) Licensed under RCW 9.41.070 to carry a concealed pistol;

      (b) In attendance at a hunter's safety course or a firearms safety course;

      (c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

      (d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

      (e) ((Hunting or trapping under a valid license issued to the person under Title 77 RCW)) Engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

      (f) In an area where the discharge of a firearm is permitted, and is not trespassing;

      (g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;

      (h) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, ((secured)) placed in a gun rack, or otherwise secured in place in a vehicle, provided that this subsection (4)(h) does not apply to motor homes if the firearms are not within the driver's compartment of the motor home while the vehicle is in operation. Notwithstanding (a) of this subsection, and subject to federal and state park regulations regarding firearm possession therein, a motor home shall be considered a residence when parked at a recreational park, campground, or other temporary residential setting for the purposes of enforcement of this chapter;

      (i) On real property under the control of the person or a relative of the person;

      (j) At his or her residence;

      (k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty;

      (l) Is a law enforcement officer; ((or))

      (m) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair; or

      (n) An armed private security guard or armed private detective licensed by the department of licensing, while on duty or enroute to and from employment.

      (5) Violation of any of the prohibitions of subsections (2) through (4) of this section is a misdemeanor.

      (6) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

      (((6))) (7) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section.

      Sec. 5. RCW 9.41.060 and 1995 c 392 s 1 are each amended to read as follows:

      The provisions of RCW 9.41.050 shall not apply to:

      (1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers;

      (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

      (3) Officers or employees of the United States duly authorized to carry a concealed pistol;

      (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

      (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

      (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

      (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

      (8) ((Individual hunters when on a hunting, camping, or fishing trip)) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

      (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

      (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted of a crime making him or her ineligible for a concealed pistol license.

      Sec. 6. RCW 9.41.070 and 1995 c 351 s 1 are each amended to read as follows:

      (1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.

      The applicant's constitutional right to bear arms shall not be denied, unless:

      (a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;

      (b) The applicant's concealed pistol license is in a revoked status;

      (c) He or she is under twenty-one years of age;

      (d) He or she is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070;

      (e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a ((serious)) felony offense;

      (f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

      (g) He or she has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person((; or

      (h)(i) He or she has been convicted of any crime against a child or other person listed in RCW 43.43.830(5).

      (ii) Except as provided in (h)(iii) of this subsection, any person who becomes ineligible for a concealed pistol license as a result of a conviction for a crime listed in (h)(i) of this subsection and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition a court of record for a declaration that the person is no longer ineligible for a concealed pistol license under (h)(i) of this subsection)).

      (((iii))) No person convicted of a ((serious offense as defined in RCW 9.41.010)) felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.

      (2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.

      (3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.

      (4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, not more than two complete sets of fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.

      The application for an original license shall include two complete sets of fingerprints to be forwarded to the Washington state patrol.

      The license and application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.


      The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall meet the additional requirements of RCW 9.41.170 and produce proof of compliance with RCW 9.41.170 upon application. The license shall be in triplicate and in a form to be prescribed by the department of licensing.

      The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent ((by registered mail)) to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.

      The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.

      (5) The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six dollars plus additional charges imposed by the Federal Bureau of Investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.

      The fee shall be distributed as follows:

      (a) Fifteen dollars shall be paid to the state general fund;

      (b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

      (c) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

      (d) Three dollars to the firearms range account in the general fund.

      (6) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.

      The renewal fee shall be distributed as follows:

      (a) Fifteen dollars shall be paid to the state general fund;

      (b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

      (c) Three dollars to the firearms range account in the general fund.

      (7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.

      (8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

      (9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee shall be distributed as follows:

      (a) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

      (b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

      (10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.

      (11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.

      (12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.

      (13) A person may apply for a concealed pistol license:

      (a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;

      (b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or

      (c) Anywhere in the state if the applicant is a nonresident.

      Sec. 7. RCW 9.41.075 and 1994 sp.s. c 7 s 408 are each amended to read as follows:

      (1) ((The)) A concealed pistol license shall be revoked by the license-issuing authority immediately upon:

      (a) Discovery by the issuing authority that the person ((was)) is ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;

      (b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm;

      (c) Conviction of the licensee for a third violation of this chapter within five calendar years; or

      (d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(((d))) (e).

      (2)(((a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.

      (b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.

      (3))) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(((d))) (e), the issuing authority shall:

      (a) On the first forfeiture, revoke the license for one year;

      (b) On the second forfeiture, revoke the license for two years; or

      (c) On the third or subsequent forfeiture, revoke the license for five years.

      Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(((1)(d))) may not reapply for a new license until the end of the revocation period.

      (((4))) (3) The issuing authority shall notify, in writing, the department of licensing of the revocation or denial of a license. The department of licensing shall record the revocation or denial. Denial information shall be maintained by the department of licensing for the purposes of background checks and statistical research.

      (4) Unless otherwise provided, revocation periods for concealed pistol licenses shall be consistent with restoration periods set forth in RCW 9.41.047, or three years, whichever is the longer.

      (5) Any person whose license is revoked may not reapply for a new license until the end of the revocation period.

      (6) Notice of revocation of a license shall additionally require the license holder to surrender the license to the issuing authority. Refusal to comply with this requirement within thirty days is a misdemeanor and shall be punished accordingly.

      Sec. 8. RCW 9.41.090 and 1994 sp.s. c 7 s 410 and 1994 c 264 s 1 are each reenacted and amended to read as follows:

      (1) In addition to the other requirements of this chapter, no dealer may deliver a pistol to the purchaser thereof until:

      (a) The purchaser produces a valid concealed pistol license and the dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (5) of this section. For purposes of this subsection (1)(a), a "valid concealed pistol license" does not include a temporary emergency license, and does not include any license issued before July 1, 1996, unless the issuing agency conducted a records search for disqualifying crimes under RCW 9.41.070 at the time of issuance;

      (b) The dealer is notified in writing by the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff; or

      (c) Five business days, meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (5) of this section, and, when delivered, the pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.

      (2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.

      (b) Once the system is established, a dealer shall use the state system and national instant criminal background check system, provided for by the Brady Handgun ((Control)) Violence Prevention Act (((H.R. 1025, 103rd Cong., 1st Sess. (1993)))) (18 U.S.C. Sec. 921 et seq.), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic data base and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.

      (3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the dealer so that the hold may be released if the warrant was for an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a pistol.

      (4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. ((An applicant)) A dealer shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.

      (5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the dealer an application containing his or her full name, ((street)) residential address, date and place of birth, race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; a description of the pistol including the make, model, caliber and manufacturer's number if available at the time of applying for the purchase of a pistol. If the manufacturer's number is not available, the application may be processed, but delivery of the pistol to the purchaser may not occur unless the manufacturer's number is recorded on the application by the dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser resides; and a statement that the purchaser is eligible to possess a pistol under RCW 9.41.040.

      The application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.


The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

      The dealer shall, by the end of the business day, sign and attach his or her address and deliver ((the original)) a copy of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The triplicate shall be retained by the dealer for six years. The dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the dealer is notified of an investigative hold under subsection (4) of this section in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser is not eligible to possess a pistol under RCW 9.41.040 or 9.41.045, or federal law.

      The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.

      (6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.

      (7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.

      Sec. 9. RCW 9.41.0975 and 1994 sp.s. c 7 s 413 are each amended to read as follows:

      (1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:

      (a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;

      (b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;

      (c) For issuing a concealed pistol license to a person ineligible for such a license;

      (d) For failing to issue a concealed pistol license to a person eligible for such a license;

      (e) For revoking or failing to revoke an issued concealed pistol license; ((or))

      (f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license;

      (g) For issuing a dealer's license to a person ineligible for such a license; or

      (h) For failing to issue a dealer's license to a person eligible for such a license.

      (2) An application may be made to a court of competent jurisdiction for a writ of mandamus:

      (a) Directing an issuing agency to issue a concealed pistol license wrongfully refused;

      (b) Directing a law enforcement agency to approve an application to purchase wrongfully denied; ((or))

      (c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or in the wrongful denial of a purchase application be corrected; or

      (d) Directing a law enforcement agency to approve a dealer's license wrongfully denied.

      The application for the writ may be made in the county in which the application for a concealed pistol license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.

      Sec. 10. RCW 9.41.098 and 1994 sp.s. c 7 s 414 are each amended to read as follows:

      (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

      (a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;

      (b) Commercially sold to any person without an application as required by RCW 9.41.090;

      (c) ((Found)) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;

      (d) ((Found)) In the possession or under the control of a person at the time the person committed or was arrested for committing a ((serious offense)) felony or committing a nonfelony crime in which a firearm was used or displayed ((or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW));

      (e) ((Found concealed on)) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;

      (f) ((Found)) In the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a ((serious offense)) felony or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;

      (g) ((Found)) In the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;

      (h) ((Known to have been)) Used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or

      (i) ((Known to have been)) Used in the commission of a ((serious offense)) felony or of a nonfelony crime in which a firearm was used or displayed ((or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW)).

      (2) Upon order of forfeiture, the court in its discretion may order destruction of any forfeited firearm. A court may temporarily retain forfeited firearms needed for evidence.

      (a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993((, and applies only if the law enforcement agency has complied with (b) of this subsection)).

      By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.

      (b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:

      (i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or

      (ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.

      (c) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.

      (d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.

      (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.

      (4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.

      Sec. 11. RCW 9.41.170 and 1994 c 190 s 1 are each amended to read as follows:

      (1) It is a class C felony for any person who is not a citizen of the United States to carry or possess any firearm, without first having obtained an alien firearm license from the director of licensing. In order to be eligible for a license, an alien must provide proof that he or she is lawfully present in the United States, which the director of licensing shall verify through the appropriate authorities. Except as provided in subsection (2)(a) of this section, and subject to the additional requirements of subsection (2)(b) of this section, the director of licensing may issue an alien firearm license only upon receiving from the consul domiciled in this state representing the country of the alien, a certified copy of the alien's criminal history in the alien's country indicating the alien is not ineligible under RCW 9.41.040 to own, possess, or control a firearm, and the consul's attestation that the alien is a responsible person.

      (2)(a) Subject to the additional requirements of (b) of this subsection, the director of licensing may issue an alien firearm license without a certified copy of the alien's criminal history or the consul's attestation required by subsection (1) of this section, if the alien has been a resident of this state for at least two years and: (i) The alien is from a country without a consul domiciled within this state, or (ii) the consul has failed to provide, within ninety days after a request by the alien, the criminal history or attestation required by subsection (1) of this section.

      (b) Before issuing an alien firearm license under subsection (1) of this section or this subsection (2), the director of licensing shall ask the local law enforcement agency of the jurisdiction in which the alien resides to complete a background and fingerprint check to determine the alien's eligibility under RCW 9.41.040 to own, possess, or control a firearm. The law enforcement agency shall complete a background check within thirty days after the request, unless the alien does not have a valid Washington driver's license or Washington state identification card. In the latter case, the law enforcement agency shall complete the background check within sixty days after the request.

      A signed application for an alien firearm license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for an alien firearm license to an inquiring law enforcement agency.

      (3) The ((fee for an)) alien firearm license shall be ((twenty-five dollars, and the license shall be)) valid for ((four)) five years from the date of issue so long as the alien is lawfully present in the United States. The nonrefundable fee, paid upon application, for the five-year license shall be fifty-five dollars plus additional charges imposed by the federal bureau of investigation that are passed on to the applicant. The fee shall be distributed as follows:

      (a) Fifteen dollars shall be paid to the department of licensing;

      (b) Twenty-five dollars shall be paid to the Washington state patrol; and

      (c) Fifteen dollars shall be paid to the local law enforcement agency conducting the background check.

      (4) This section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used. Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license.

      Sec. 12. RCW 9.41.190 and 1994 sp.s. c 7 s 420 are each amended to read as follows:

      (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.

      (2) This section shall not apply to:

      (a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or

      (b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check under RCW 9.41.110(3)(b), who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles:

      (i) To be used or purchased by the armed forces of the United States;

      (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies or their employees; or

      (iii) For exportation in compliance with all applicable federal laws and regulations.

      (3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law.

      (4) Any person violating this section is guilty of a class C felony.

      Sec. 13. RCW 9.41.280 and 1995 c 87 s 1 are each amended to read as follows:

      (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

      (a) Any firearm;

      (b) Any other dangerous weapon as defined in RCW 9.41.250;

      (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

      (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

      (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

      (2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall ((lose)) have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

      Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

      (3) Subsection (1) of this section does not apply to:

      (a) Any student or employee of a private military academy when on the property of the academy;

      (b) Any person engaged in military, law enforcement, or school district security activities;

      (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

      (d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

      (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

      (f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

      (g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

      (h) Any law enforcement officer of the federal, state, or local government agency.

      (4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

      (5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

      (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

      Sec. 14. RCW 9.41.800 and 1994 sp.s. c 7 s 430 are each amended to read as follows:

      (1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a ((serious offense)) felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:

      (a) Require the party to surrender any firearm or other dangerous weapon;

      (b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

      (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

      (d) Prohibit the party from obtaining or possessing a concealed pistol license.

      (2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a ((serious offense)) felony, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:

      (a) Require the party to surrender any firearm or other dangerous weapon;

      (b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;

      (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;

      (d) Prohibit the party from obtaining or possessing a concealed pistol license.

      (3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.

      (4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

      (5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.

      (6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Smith, Hargrove, Fairley, Kohl, Wojahn, Long and Franklin to Substitute House Bill No. 2420.

      The motion by Senator Smith carried and the striking amendment was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "firearms;" strike the remainder of the title and insert "amending RCW 9.41.050, 9.41.060, 9.41.070, 9.41.075, 9.41.0975, 9.41.098, 9.41.170, 9.41.190, 9.41.280, and 9.41.800; reenacting and amending RCW 9.41.010, 9.41.040, 9.41.047, and 9.41.090; and prescribing penalties."

      On motion of Senator Smith, the rules were suspended, Substiute House Bill No. 2420, 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. 2420, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2420, 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. 2420, 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. 2478, by House Committee on Higher Education (originally sponsored by Representatives Huff, Carlson, Jacobsen, Goldsmith and Mulliken)

 

Changing tuition for full-time nonresident undergraduate students at the University of Washington and Washington State University.


      The bill was read the second time.


MOTIONS


      On motion of Senator Bauer, the following Committee on Ways and Means amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28B.15.067 and 1995 1st sp.s. c 9 s 4 are each amended to read as follows:

      (1) Tuition fees shall be established under the provisions of this chapter.

      (2) Academic year tuition for full-time students at the state's institutions of higher education for the 1995-96 academic year, other than the summer term, shall be as provided in this subsection.

      (a) At the University of Washington and Washington State University:

      (i) For resident undergraduate students and other resident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, two thousand seven hundred sixty-four dollars;

      (ii) For nonresident undergraduate students and other nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eight thousand two hundred sixty-eight dollars;

      (iii) For resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, four thousand four hundred ninety dollars;

      (iv) For nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eleven thousand six hundred thirty-four dollars;

      (v) For resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand four hundred ninety-seven dollars; and

      (vi) For nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, nineteen thousand four hundred thirty-one dollars.

      (b) At the regional universities and The Evergreen State College:

      (i) For resident undergraduate and all other resident students not in graduate study programs, two thousand forty-five dollars;

      (ii) For nonresident undergraduate and all other nonresident students not in graduate study programs, seven thousand nine hundred ninety-two dollars;

      (iii) For resident graduate students, three thousand four hundred forty-three dollars; and

      (iv) For nonresident graduate students, eleven thousand seventy-one dollars.

      (c) At the community colleges:

      (i) For resident students, one thousand two hundred twelve dollars; and

      (ii) For nonresident students, five thousand one hundred sixty-two dollars and fifty cents.

      (3) Academic year tuition for full-time students at the state's institutions of higher education beginning with the 1996-97 academic year, other than the summer term, shall be as provided in this subsection.

      (a) At the University of Washington and Washington State University:

      (i) For resident undergraduate students and other resident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, two thousand eight hundred seventy-five dollars;

      (ii) For nonresident undergraduate students and other nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, ((eight thousand five hundred ninety-nine)) nine thousand four hundred ninety-one dollars;

      (iii) For resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, four thousand six hundred sixty-nine dollars;

      (iv) For nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, twelve thousand one hundred dollars;

      (v) For resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand seven hundred ninety-seven dollars; and

      (vi) For nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, twenty thousand two hundred nine dollars. However, for students under (a)(ii) of this subsection who were enrolled before January 1, 1996, and continue to be enrolled without a break in attendance, the tuition shall be eight thousand five hundred ninety-nine dollars.

      (b) At the regional universities and The Evergreen State College:

      (i) For resident undergraduate and all other resident students not in graduate study programs, two thousand one hundred twenty-seven dollars;

      (ii) For nonresident undergraduate and all other nonresident students not in graduate study programs, eight thousand three hundred twelve dollars;

      (iii) For resident graduate students, three thousand five hundred eighty-one dollars; and

      (iv) For nonresident graduate students, eleven thousand five hundred fourteen dollars.

      (c) At the community colleges:

      (i) For resident students, one thousand two hundred sixty-one dollars; and

      (ii) For nonresident students, five thousand three hundred sixty-nine dollars and fifty cents.

      (4) The tuition fees established under this chapter shall not apply to high school students enrolling in community colleges under RCW 28A.600.300 through 28A.600.395.

      NEW SECTION. Sec. 2. 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. 3. This act expires July 1, 1997."

      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.15.067; and providing an expiration date."


MOTION


      On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 2478, 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. 2478, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2478, 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, Deccio, Drew, Fairley, 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 Finkbeiner - 1.

      SUBSTITUTE HOUSE BILL NO. 2478, 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


      HOUSE BILL NO. 2623, by Representatives Dyer, Hymes, Cody, Murray, Brumsickle, Casada, Conway, Skinner, Crouse, Morris, Sherstad and Scheuerman

 

Requiring the use of single name identifiers for persons obtaining controlled substances.


      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 69.50.403 and 1993 c 187 s 21 are each amended to read as follows:

      (a) It is unlawful for any person knowingly or intentionally:

      (1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by RCW 69.50.307;

      (2) To use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person;

      (3) To obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or subterfuge; or (ii) by forgery or alteration of a prescription or any written order; or (iii) by the concealment of material fact; or (iv) by the use of a false name or the giving of a false address.

      (4) To falsely assume the title of, or represent herself or himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.

      (5) To make or utter any false or forged prescription or false or forged written order.

      (6) To affix any false or forged label to a package or receptacle containing controlled substances.

      (7) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; or

      (8) To possess a false or fraudulent prescription with intent to obtain a controlled substance.

      (9) To attempt to illegally obtain controlled substances by providing more than one name to a practitioner when obtaining a prescription for a controlled substance. If a person's name is legally changed during the time period that he or she is receiving health care from a practitioner, the person shall inform all providers of care so that the medical and pharmacy records for the person may be filed under a single name identifier.

      (b) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall not be deemed a privileged communication.

      (c) A person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than two years, or fined not more than two thousand dollars, or both."

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

      On page 1, line 2 of the title, after "substances;" strike the remainder of the title and insert "and amending RCW 69.50.403."


MOTION


      On motion of Senator Quigley, the rules were suspended, House Bill No. 2623, 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 Owen was excused.


      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2623, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2623, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      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, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Owen - 1.

      HOUSE BILL NO. 2623, 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


      HOUSE BILL NO. 2636, by Representatives Scott and Cairnes

 

Revising regulation of funeral directors and embalmers.


      The bill was read the second time.


MOTION


      On motion of Senator Sheldon, the rules were suspended, House Bill No. 2636 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Sheldon, Senator Rinehart was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2636.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2636 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; 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, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Absent: Senator Swecker - 1.

      Excused: Senators Owen and Rinehart - 2.

      HOUSE BILL NO. 2636, 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. 2118, by House Committee on Government Operations (originally sponsored by Representatives D. Schmidt, Scott, Blanton, Quall and Thompson)

 

Harmonizing various election procedures.


      The bill was read the second time.


MOTIONS


      Senator Sheldon moved that the following Committee on Government Operations amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 29.13.010 and 1994 c 142 s 1 are each amended to read as follows:

      (1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, district, and precinct officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called. A state-wide general election shall be held on the first Tuesday after the first Monday of November of each year: PROVIDED, That the state-wide general election held in odd-numbered years shall be limited to (a) city, town, and district general elections as provided for in RCW 29.13.020, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.

      (2) A county legislative authority may((, if it deems an emergency to exist,)) call a special county election by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date. Except as provided in subsection (4) of this section, a special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:

      (a) The first Tuesday after the first Monday in February;

      (b) The second Tuesday in March;

      (c) The fourth Tuesday in April;

      (d) The third Tuesday in May;

      (e) The day of the primary as specified by RCW 29.13.070; or

      (f) The first Tuesday after the first Monday in November.

      (3) In addition to the dates set forth in subsection (2) (a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God. Such county special election shall be noticed and conducted in the manner provided by law.

      (4) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called by the county legislative authority under subsection (2) of this section during the month of that primary is the date of the presidential primary.

      (5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections except for those elections held pursuant to a home-rule charter adopted under Article XI, section 4 of the state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the recall of any elective public officer.

      Sec. 2. RCW 29.13.020 and 1994 c 142 s 2 are each amended to read as follows:

      (1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.

      This section shall not apply to:

      (a) Elections for the recall of any elective public officer;

      (b) Public utility districts or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;

      (c) Consolidation proposals as provided for in RCW 28A.315.280 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.

      (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, ((may, if the county auditor deems an emergency to exist,)) shall call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body:

      (a) The first Tuesday after the first Monday in February;

      (b) The second Tuesday in March;

      (c) The fourth Tuesday in April;

      (d) The third Tuesday in May;

      (e) The day of the primary election as specified by RCW 29.13.070; or

      (f) The first Tuesday after the first Monday in November.

      (3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.

      (4) In addition to subsection (2) (a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2) (e) and (f) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.

      (5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.

      Sec. 3. RCW 29.15.120 and 1994 c 223 s 6 are each amended to read as follows:

      A candidate may withdraw his or her declaration of candidacy at any time before the close of business on the Thursday following the last day for candidates to file under RCW 29.15.020 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that his or her name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under this title. The filing officer may permit the withdrawal of a filing for the office of precinct committee officer at the request of the candidate at any time if no absentee ballots have been issued for that office and the general election ballots for that precinct have not been printed. The filing officer may permit the withdrawal of a filing for any elected office of a city, town, or special district at the request of the candidate at any time before a primary if the primary ballots for that city, town, or special district have not been ordered. For city, town, and special district contests where no primary is required, the filing officer may permit the withdrawal of a filing at any time before an election if the election ballots for that city, town, or special district have not been ordered. If, as a result of a withdrawal of a filing, no candidate's name will appear on the ballot for a particular position, the election for such position shall be deemed lapsed, the office shall be deemed stricken from the ballot, and no write-in votes shall be counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until a successor is elected at the next election when the position is voted upon. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time he or she files.

      Sec. 4. RCW 29.30.101 and 1990 c 59 s 14 are each amended to read as follows:

      The names of the persons certified as nominees by the secretary of state or the county canvassing board shall be printed on the ballot at the ensuing election.

      No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor party convention or the state or county central committee of a major political party to fill a vacancy on its ticket under RCW 29.18.160.

      Excluding the office of precinct committee officer, or any temporary elected position such as charter review board or freeholder, a candidate's name shall not appear more than once upon a ballot for any position regularly nominated or elected at the same election.

      Sec. 5. RCW 29.36.013 and 1993 c 418 s 1 are each amended to read as follows:

      Any voter may apply, in writing, for status as an ongoing absentee voter. Each qualified applicant shall automatically receive an absentee ballot for each ensuing election for which he or she is entitled to vote and need not submit a separate request for each election. Ballots received from ongoing absentee voters shall be validated, processed, and tabulated in the same manner as other absentee ballots.

      Status as an ongoing absentee voter shall be terminated upon any of the following events:

      (1) The written request of the voter;

      (2) The death or disqualification of the voter;

      (3) The cancellation of the voter's registration record; ((or))

      (4) The return of an ongoing absentee ballot as undeliverable; or

      (5) Upon placing a voter on inactive status under RCW 29.10.071.

      Sec. 6. RCW 85.38.110 and 1991 c 349 s 13 are each amended to read as follows:

      A list of presumed eligible voters shall be prepared and maintained by each special district. The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels and their mailing address, the extent of the ownership interest of such persons, and if such persons are natural persons, whether they are known to be registered voters in the state of Washington. Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish voting authority to vote. Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish voting authority. Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or the largest portion of the special district is located. The special district must compile the list of eligible voters and provide it to the county auditor by the first day of November preceding the special district general election. In the event the special district does not provide the county auditor with the list of qualified voters by this date, the county auditor shall compile the list and charge the special district for the costs required for its preparation. ((The county auditor shall not be held responsible for any errors in the list.))"


      Senator Fraser moved that the following amendment by Senators Fraser, Rinehart, Winsley and Haugen to the Committee on Government Operation striking amendment be adopted:

      On page 6, after line 10 of the amendment, insert the following:

      "NEW SECTION. Sec. 7. When at least one state-wide measure or office is scheduled to appear on the general election ballot, the secretary of state shall print and distribute a voters' pamphlet.

      The secretary of state shall distribute the voters' pamphlet to each household and to state and county officers and public libraries, and shall reserve a supply for additional distribution. The secretary of state shall also produce taped or Braille transcripts of the voters' pamphlet, publicize their availability, and mail without charge a copy to any person who requests one.

      The secretary of state shall make the material required to be distributed by this chapter available to the public in electronic form through media such as the Internet and the Washington Information Network. The secretary of state may provide the material in electronic form to computer bulletin boards, print and broadcast news media, community computer networks, and similar services at the cost of reproduction or transmission of the data.

      NEW SECTION. Sec. 8. The voters' pamphlet must contain:

      (1) The serial designation or number, the ballot title, the legislative title if any, and the full text and arguments advocating voters' approval or rejection of each measure or bill;

      (2) Written statements advocating the candidacies of nominees for the office of president and vice-president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, commissioner of public lands, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court. Candidates may also submit a campaign mailing address and telephone number and a photograph not more than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;

      (3) In odd-numbered years information about candidates who appear on the ballot to fill a vacant state-wide elective office;

      (4) In even-numbered years a section explaining how voters may participate in the election campaign process; the address and telephone number of the public disclosure commission established under RCW 42.17.350; a summary of the disclosure requirements that apply when contributions are made to candidates and political committees; and an explanation of the federal income tax credits and deductions available to persons who make contributions;

      (5) In even-numbered years the name, address, and telephone number of each political party with nominees listed in the pamphlet, if filed with the secretary of state by the state committee of a major political party or the presiding officer of the convention of a minor political party;

      (6) In each odd-numbered year immediately before a year in which a president of the United States is to be nominated and elected, information explaining the precinct caucus and convention process used by each major political party to elect delegates to its national presidential candidate nominating convention. The pamphlet must also provide a description of the statutory procedures by which minor political parties are formed and the statutory methods used by the parties to nominate candidates for president;

       (7) In even-numbered years a description of the office of precinct committee officer and its duties;

      (8) An application form for an absentee ballot;

      (9) A brief statement explaining the deletion and addition of language for proposed measures under section 11 of this act;

      (10) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.

      NEW SECTION. Sec. 9. Committees shall write and submit arguments advocating the approval or rejection of each state-wide ballot issue and rebuttals of those arguments. The secretary of state, the presiding officer of the senate, and the presiding officer of the house of representatives shall appoint the initial two members of each committee. In making these committee appointments the secretary of state and presiding officers of the senate and house of representatives shall consider legislators, sponsors of initiatives and referendums, and other interested groups known to advocate or oppose the ballot measure.

      The initial two members may select up to four additional members, and the committee shall elect a chairperson. The remaining committee member or members may fill vacancies through appointment.

      After the committee submits its initial argument statements to the secretary of state, the secretary of state shall transmit the statements to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.

      The voters' pamphlet may contain only argument statements prepared according to this section. Arguments may contain graphs and charts supported by factual statistical data and pictures or other illustrations. Cartoons or caricatures are not permitted.

      The secretary of state shall set deadlines for submitting arguments and rebuttals by rule.

      NEW SECTION. Sec. 10. The secretary of state shall determine the format of the voters' pamphlet. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Federal and state offices must appear in the pamphlet in the same sequence as they appear on the general election ballot. Measures and arguments must be printed in the order specified by RCW 29.79.300.

      The voters' pamphlet must list information about each state-wide issue on the ballot in the following order:

      (1) The top one-third of the first two facing pages relating to a specific measure must contain:

      (a) The legal identification of the measure by serial designation or number;

      (b) The official ballot title of the measure;

      (c) A statement prepared by the attorney general explaining the law as it presently exists;

      (d) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;

      (e) The total number of votes cast for and against the measure in the state senate and house of representatives, if the measure has been passed by the legislature;

      (f) A heavy double-ruled line across both pages to set the above items apart from the remaining text.

      (2) The lower portion of the left page of the two facing pages is for the argument advocating the voters' approval of the measure together with any rebuttal statement of the opposing argument.

      (3) The lower portion of the right-hand page of the two facing pages is for the argument advocating the voters' rejection of the measure together with any rebuttal statement of the opposing argument.

      (4) Each argument or rebuttal statement must be followed by the names and addresses of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure.

      (5) The full text of each measure must be published as required in section 11 of this act.

      NEW SECTION. Sec. 11. State-wide ballot measures that change existing law must be printed in the voters' pamphlet so that language proposed for deletion is enclosed by double parentheses and has a line through it. Proposed new language must be underlined. A statement explaining the deletion and addition of language must appear as follows: "All words in double parentheses with a line through them are state law at the present time and will be taken out of law if the measure is approved by voters. All words underlined do not appear in current state law but will be added to the law if the measure is approved by voters."

      NEW SECTION. Sec. 12. To ensure the efficient composition, publication, and distribution of the voters' pamphlet, all committee and candidate material must be submitted to the secretary of state before deadlines established by rule by the secretary of state.

      NEW SECTION. Sec. 13. The secretary of state shall reject statements that in the secretary’s opinion contain obscene, profane, libelous, or defamatory material, or material prohibited from mail circulation by federal law.

      If a statement or photograph submitted is rejected by the secretary of state, the committee or nominee may appeal to the secretary of state within five days. The office of administrative hearings shall adjudicate the appeal under RCW 34.05.413 through 34.05.476.

      NEW SECTION. Sec. 14. (1) The maximum number of words for statements submitted by candidates is determined according to the offices sought as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; president and vice-president, United States senator, United States representative, and governor, three hundred words.

      (2) Arguments written by committees under section 9 of this act may not exceed two hundred fifty words in length.

      (3) Rebuttal arguments written by committees may not exceed seventy-five words in length.

      (4) The secretary of state shall allocate space in the pamphlet to candidates or nominees according to the respective offices sought. Candidates or nominees will equally share prorated space based on the number of words allowed in the statement for that office.

      (5) A candidate may submit to the secretary of state one rebuttal statement in response to any issue or assertion in the voters' pamphlet statement of another candidate for the same office. A rebuttal statement under this section may not exceed one hundred words and may not deal with any issues not contained in the opposing statement. Rebuttal statements may not be included in the printed voters' pamphlet, but the secretary of state shall promptly make rebuttal statements available to the public in the same electronic forms as provided in section 7 of this act.

      NEW SECTION. Sec. 15. (1) Explanatory statements prepared by the attorney general under section 10(1) (c) and (d) of this act must be written in clear and concise language, avoiding legal and technical terms when possible, and filed with the secretary of state.

      (2) When the explanatory statement for a measure initiated by petition is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the person proposing the measure and any others who have made written request for notification of the exact language of the explanatory statement. When the explanatory statement for a measure referred to the ballot by the legislature is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the presiding officer of the state senate and the presiding officer of the house of representatives and any others who have made written request for notification of the exact language of the explanatory statement.

      (3) A person dissatisfied with the explanatory statement may within ten days of the filing date appeal to the superior court of Thurston county. A copy of the petition and a notice of the appeal must be served on the secretary of state and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may hear arguments. The court shall render its decision and certify to and file with the secretary of state an explanatory statement it determines will meet the requirements of this chapter.

      The decision of the superior court is final, and its explanatory statement is the established explanatory statement. The appeal must be heard without costs to either party.

      NEW SECTION. Sec. 16. The secretary of state, as chief election officer, shall adopt rules consistent with this chapter to facilitate and clarify procedures related to the voters' pamphlet.

      NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:

      (1) RCW 29.80.010 and 1987 c 295 s 17, 1984 c 54 s 1, 1977 ex.s. c 361 s 106, 1975-'76 2nd ex.s. c 4 s 2, 1973 c 4 s 8, & 1965 c 9 s 29.80.010;

      (2) RCW 29.80.020 and 1984 c 54 s 2, 1971 ex.s. c 145 s 1, 1971 c 81 s 78, & 1965 c 9 s 29.80.020;

      (3) RCW 29.80.030 and 1979 ex.s. c 57 s 4 & 1965 c 9 s 29.80.030;

      (4) RCW 29.80.040 and 1984 c 54 s 3, 1971 ex.s. c 145 s 2, & 1965 c 9 s 29.80.040;

      (5) RCW 29.80.050 and 1971 ex.s. c 145 s 3 & 1965 c 9 s 29.80.050;

      (6) RCW 29.80.060 and 1965 c 9 s 29.80.060;

      (7) RCW 29.80.070 and 1965 c 9 s 29.80.070;

      (8) RCW 29.80.080 and 1981 c 243 s 1;

      (9) RCW 29.80.090 and 1984 c 54 s 7;

      (10) RCW 29.81.010 and 1984 c 54 s 4, 1973 1st ex.s. c 143 s 1, & 1965 c 9 s 29.81.010;

      (11) RCW 29.81.011 and 1984 c 54 s 5;

      (12) RCW 29.81.012 and 1984 c 54 s 6 & 1969 ex.s. c 72 s 1;

      (13) RCW 29.81.014 and 1977 c 56 s 1;

      (14) RCW 29.81.020 and 1973 1st ex.s. c 143 s 2 & 1965 c 9 s 29.81.020;

      (15) RCW 29.81.030 and 1973 1st ex.s. c 143 s 3 & 1965 c 9 s 29.81.030;

      (16) RCW 29.81.040 and 1973 1st ex.s. c 143 s 4, 1971 ex.s. c 145 s 4, & 1965 c 9 s 29.81.040;

      (17) RCW 29.81.042 and 1973 1st ex.s. c 143 s 6;

      (18) RCW 29.81.043 and 1973 1st ex.s. c 143 s 7;

      (19) RCW 29.81.050 and 1973 1st ex.s. c 143 s 5 & 1965 c 9 s 29.81.050;

      (20) RCW 29.81.052 and 1973 1st ex.s. c 143 s 8;

      (21) RCW 29.81.053 and 1973 1st ex.s. c 143 s 9;

      (22) RCW 29.81.060 and 1965 c 9 s 29.81.060;

      (23) RCW 29.81.070 and 1965 c 9 s 29.81.070;

      (24) RCW 29.81.080 and 1965 c 9 s 29.81.080;

      (25) RCW 29.81.090 and 1979 ex.s. c 57 s 5 & 1965 c 9 s 29.81.090;

      (26) RCW 29.81.100 and 1973 c 4 s 9, 1971 ex.s. c 145 s 5, & 1965 c 9 s 29.81.100;

      (27) RCW 29.81.110 and 1965 c 9 s 29.81.110;

      (28) RCW 29.81.120 and 1971 ex.s. c 145 s 6 & 1965 c 9 s 29.81.120;

      (29) RCW 29.81.130 and 1965 c 9 s 29.81.130;

      (30) RCW 29.81.140 and 1971 ex.s. c 145 s 7 & 1965 c 9 s 29.81.140;

      (31) RCW 29.81.150 and 1965 c 9 s 29.81.150;

      (32) RCW 29.81.160 and 1965 c 9 s 29.81.160; and

      (33) RCW 29.81.180 and 1981 c 243 s 2.

      NEW SECTION. Sec. 18. Sections 7 through 16 of this act are added to chapter 29.81 RCW."


POINT OF ORDER


      Senator McCaslin: "A point of order, Mr. President. I believe the amendment to the committee amendment exceeds the scope and object of the bill."

      Further debate ensued.

      There being no objection, the President deferred further consideration of Substitute House Bill No. 2118.


SECOND READING


      HOUSE BILL NO. 2559, by Representatives Lambert, Carrell, Patterson, Morris, Wolfe, Smith, Mitchell and Thompson

 

Revising the allocation of child support day care and other child rearing expenses between parents.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, House Bill No. 2559 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 House Bill No. 2559.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2559 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      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, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator Smith - 1.

      Excused: Senator Rinehart - 1.

      HOUSE BILL NO. 2559, 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.


      President Pro Tempore Wojahn assumed the Chair.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2672, by Representatives Van Luven, Romero, Sheahan, Tokuda, Schoesler, D. Sommers, Murray and L. Thomas

 

Prohibiting greyhound racing.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Engrossed House Bill No. 2672 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


PARLIAMENTARY INQUIRY


      Senator McCaslin: "A parliamentary inquiry, does this take sixty percent because it addresses gambling?"


RULING BY THE PRESIDENT PRO TEMPORE


      President Pro Tempore Wojahn: "I don't believe so. It doesn't address gambling. It just talks about--it is not an expansion of gambling."

      Senator McCaslin: "It is a shrinkage."

      President Pro Tempore Wojahn: "Perhaps."

      Senator McCaslin: "Maybe we need thirty percent on shrinkage."


MOTION


      On motion of Senator Spanel, and there being no objection, further consideration of Engrossed House Bill No. 2672 was deferred.


SECOND READING


      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2222, by House Committee on Appropriations (originally sponsored by Representatives Backlund, Huff, Foreman, B. Thomas, Smith, Horn, Hymes, Honeyford, Fuhrman, Lambert, Thompson and McMahan)

 

Strengthening legislative oversight of government programs.


      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:

      "Sec. 1. RCW 44.28.010 and 1983 c 52 s 1 are each amended to read as follows:

      ((There is hereby created a)) The joint legislative ((budget)) audit and review committee is created, which shall consist of eight senators and eight representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the house. Not more than four members from each house shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year((: PROVIDED, That if prior to)). If before the close of a regular session during an odd-numbered year, the governor issues a proclamation convening the legislature into special session, or the legislature by resolution convenes the legislature into special session, following such regular session, then such appointments shall be made as a matter of closing business of such special session. Members shall be subject to confirmation, as to the senate members by the senate, and as to the house members by the house. In the event of a failure to appoint joint committee members, either on the part of the president of the senate or on the part of the speaker of the house, or in the event of a refusal by either the senate or the house to confirm appointments on the committee, then the members of the joint committee from either house in which there is a failure to appoint or confirm shall be elected ((forthwith)) by the members of such house.

      Sec. 2. RCW 44.28.020 and 1980 c 87 s 31 are each amended to read as follows:

      The term of office of the members of the joint committee who continue to be members of the senate and house shall be from the close of the session in which they were appointed or elected as provided in RCW 44.28.010 until the close of the next regular session during an odd-numbered year or special session following such regular session, or, in the event that such appointments or elections are not made, until the close of the next regular session during an odd-numbered year during which successors are appointed or elected. The term of office of ((such)) joint committee members ((as shall)) who do not continue to be members of the senate and house ((shall)) ceases upon the convening of the next regular session of the legislature during an odd-numbered year after their confirmation, election or appointment. Vacancies on the joint committee shall be filled by appointment by the remaining members. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.

      Sec. 3. RCW 44.28.030 and 1955 c 206 s 6 are each amended to read as follows:

      On and after the commencement of a succeeding general session of the legislature, those members of the joint committee who continue to be members of the senate and house, respectively, shall continue as members of the joint committee as indicated in RCW 44.28.020 and the joint committee shall continue with all its powers, duties, authorities, records, papers, personnel and staff, and all funds made available for its use.

      Sec. 4. RCW 44.28.040 and 1975-'76 2nd ex.s. c 34 s 134 are each amended to read as follows:

      The members of the joint committee shall serve without additional compensation, but shall be reimbursed for their travel expenses((,)) in accordance with RCW 44.04.120 ((as now existing or hereafter amended, incurred while)) for attending ((sessions)) meetings of the joint committee or ((meetings of any)) a subcommittee of the joint committee, or while engaged on other ((committee)) business authorized by the joint committee, and while going to and coming from committee sessions or committee meetings.

      Sec. 5. RCW 44.28.080 and 1975 1st ex.s. c 293 s 14 are each amended to read as follows:

      The joint committee ((shall have)) has the following powers:

      (1) To make examinations and reports concerning whether or not appropriations are being expended for the purposes and within the statutory restrictions provided by the legislature; concerning the economic outlook and estimates of revenue to meet expenditures; and concerning the organization and operation of procedures necessary or desirable to promote economy, efficiency, and effectiveness in state government, its officers, boards, committees, commissions, institutions, and other state agencies, and to make recommendations and reports to the legislature.

      (2) To make such other studies and examinations of economy, efficiency, and effectiveness of state government and its state agencies as it may find advisable, and to hear complaints, hold hearings, gather information, and make findings of fact with respect thereto.

      (3) ((The committee shall have the power)) To receive messages and reports in person or in writing from the governor or any other state officials and to study generally any and all business relating to economy, efficiency, and effectiveness in state government and state agencies.

      Sec. 6. RCW 44.28.180 and 1993 c 406 s 5 are each amended to read as follows:

      (1) In conducting program evaluations as defined in RCW 43.88.020, the ((legislative budget)) joint committee may establish a biennial work plan that identifies state agency programs for which formal evaluation appears necessary. Among the factors to be considered in preparing the work plan are:

      (a) Whether a program newly created or significantly altered by the legislature warrants continued oversight because (i) the fiscal impact of the program is significant, or (ii) the program represents a relatively high degree of risk in terms of reaching the stated goals and objectives for that program;

      (b) Whether implementation of an existing program has failed to meet its goals and objectives by any significant degree.

      (2) The project description for each program evaluation shall include start and completion dates, the proposed research approach, and cost estimates.

      (3) The overall plan may include proposals to employ contract evaluators. As conditions warrant, the program evaluation work plan may be amended from time to time. All biennial work plans shall be transmitted to the appropriate fiscal and policy committees of the senate and the house of representatives.

      Sec. 7. RCW 44.28.087 and 1973 1st ex.s. c 197 s 2 are each amended to read as follows:

      All agency reports concerning program performance, including administrative review, quality control, and other internal audit or performance reports, as requested by the ((legislative budget)) joint committee, shall be furnished by the agency requested to provide such report.

      Sec. 8. RCW 44.28.100 and 1987 c 505 s 45 are each amended to read as follows:

      The joint committee ((shall have the power to)) may make reports from time to time to the members of the legislature and to the public with respect to any of its findings or recommendations. The joint committee shall keep complete minutes of its meetings.

      Sec. 9. RCW 44.28.120 and 1951 c 43 s 9 are each amended to read as follows:

      In case of the failure on the part of any person to comply with any subpoena issued in behalf of the joint committee, or on the refusal of any witness to testify to any matters regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the joint committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

      Sec. 10. RCW 44.28.150 and 1975 1st ex.s. c 293 s 18 are each amended to read as follows:

      The joint committee shall cooperate, act, and function with legislative committees and with the councils or committees of other states similar to this joint committee and with other interstate research organizations.

      Sec. 11. RCW 43.88.020 and 1995 c 155 s 1 are each amended to read as follows:

      (1) "Budget" means a proposed plan of expenditures for a given period or purpose and the proposed means for financing these expenditures.

      (2) "Budget document" means a formal statement, either written or provided on any electronic media or both, offered by the governor to the legislature, as provided in RCW 43.88.030.

      (3) "Director of financial management" means the official appointed by the governor to serve at the governor's pleasure and to whom the governor may delegate necessary authority to carry out the governor's duties as provided in this chapter. The director of financial management shall be head of the office of financial management which shall be in the office of the governor.

      (4) "Agency" means and includes every state office, officer, each institution, whether educational, correctional, or other, and every department, division, board, and commission, except as otherwise provided in this chapter.

      (5) "Public funds", for purposes of this chapter, means all moneys, including cash, checks, bills, notes, drafts, stocks, and bonds, whether held in trust, for operating purposes, or for capital purposes, and collected or disbursed under law, whether or not such funds are otherwise subject to legislative appropriation, including funds maintained outside the state treasury.

      (6) "Regulations" means the policies, standards, and requirements, stated in writing, designed to carry out the purposes of this chapter, as issued by the governor or the governor's designated agent, and which shall have the force and effect of law.

      (7) "Ensuing biennium" means the fiscal biennium beginning on July 1st of the same year in which a regular session of the legislature is held during an odd-numbered year pursuant to Article II, section 12 of the Constitution and which biennium next succeeds the current biennium.

      (8) "Dedicated fund" means a fund in the state treasury, or a separate account or fund in the general fund in the state treasury, that by law is dedicated, appropriated, or set aside for a limited object or purpose; but "dedicated fund" does not include a revolving fund or a trust fund.

      (9) "Revolving fund" means a fund in the state treasury, established by law, from which is paid the cost of goods or services furnished to or by a state agency, and which is replenished through charges made for such goods or services or through transfers from other accounts or funds.

      (10) "Trust fund" means a fund in the state treasury in which designated persons or classes of persons have a vested beneficial interest or equitable ownership, or which was created or established by a gift, grant, contribution, devise, or bequest that limits the use of the fund to designated objects or purposes.

      (11) "Administrative expenses" means expenditures for: (a) Salaries, wages, and related costs of personnel and (b) operations and maintenance including but not limited to costs of supplies, materials, services, and equipment.

      (12) "Fiscal year" means the year beginning July 1st and ending the following June 30th.

      (13) "Lapse" means the termination of authority to expend an appropriation.

      (14) "Legislative fiscal committees" means the joint legislative ((budget)) audit and review committee, the legislative evaluation and accountability program committee, the ways and means committees of the senate and house of representatives, and, where appropriate, the legislative transportation committee.

      (15) "Fiscal period" means the period for which an appropriation is made as specified within the act making the appropriation.

      (16) "Primary budget driver" means the primary determinant of a budget level, other than a price variable, which causes or is associated with the major expenditure of an agency or budget unit within an agency, such as a caseload, enrollment, workload, or population statistic.

      (17) "Stabilization account" means the budget stabilization account created under RCW 43.88.525 as an account in the general fund of the state treasury.

      (18) "State tax revenue limit" means the limitation created by chapter 43.135 RCW.

      (19) "General state revenues" means the revenues defined by Article VIII, section 1(c) of the state Constitution.

      (20) "Annual growth rate in real personal income" means the estimated percentage growth in personal income for the state during the current fiscal year, expressed in constant value dollars, as published by the office of financial management or its successor agency.

      (21) "Estimated revenues" means estimates of revenue in the most recent official economic and revenue forecast prepared under RCW 82.33.020, and prepared by 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 estimates of revenues to support financial plans under RCW 44.40.070, that are prepared by the office of financial management in consultation with the interagency task force.

      (22) "Estimated receipts" means the estimated receipt of cash in the most recent official economic and revenue forecast prepared under RCW 82.33.020, and prepared by 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.

      (23) "State budgeting, accounting, and reporting system" means a system that gathers, maintains, and communicates fiscal information. The system links fiscal information beginning with development of agency budget requests through adoption of legislative appropriations to tracking actual receipts and expenditures against approved plans.

      (24) "Allotment of appropriation" means the agency's statement of proposed expenditures, the director of financial management's review of that statement, and the placement of the approved statement into the state budgeting, accounting, and reporting system.

      (25) "Statement of proposed expenditures" means a plan prepared by each agency that breaks each appropriation out into monthly detail representing the best estimate of how the appropriation will be expended.

      (26) "Undesignated fund balance (or deficit)" means unreserved and undesignated current assets or other resources available for expenditure over and above any current liabilities which are expected to be incurred by the close of the fiscal period.

      (27) "Internal audit" means an independent appraisal activity within an agency for the review of operations as a service to management, including a systematic examination of accounting and fiscal controls to assure that human and material resources are guarded against waste, loss, or misuse; and that reliable data are gathered, maintained, and fairly disclosed in a written report of the audit findings.

      (28) "Performance verification" means an analysis that (a) verifies the accuracy of data used by state agencies in quantifying intended results and measuring performance toward those results, and (b) verifies whether or not the reported results were achieved.

      (29) "Program evaluation" means the use of a variety of policy and fiscal research methods to (a) determine the extent to which a program is achieving its legislative intent in terms of producing the effects expected, and (b) make an objective judgment of the implementation, outcomes, and net cost or benefit impact of programs in the context of their goals and objectives. It includes the application of systematic methods to measure the results, intended or unintended, of program activities.

      Sec. 12. RCW 43.88.160 and 1994 c 184 s 11 are each amended to read as follows:

      This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

      (1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

      (2) The director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

      (3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

      (4) In addition, the director of financial management, as agent of the governor, shall:

      (a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

      Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

      (b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

      (c) Establish policies for allowing the contracting of child care services;

      (d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

      (e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

      (f) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

      (g) Provide for transfers and repayments between the budget stabilization account and the general fund as directed by appropriation and RCW 43.88.525 through 43.88.540;

      (h) Adopt rules to effectuate provisions contained in (a) through (g) of this subsection.

      (5) The treasurer shall:

      (a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

      (b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

      (c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

      (d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

      (e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

      It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

      (6) The state auditor shall:

      (a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

      (b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

      (c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications only as expressly authorized by the legislature in the omnibus biennial appropriations acts. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative ((budget)) audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative ((budget)) audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts.

      (d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken promptly, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110.

      (e) Promptly report any irregularities to the attorney general.

      (f) Investigate improper governmental activity under chapter 42.40 RCW.

      (7) The joint legislative ((budget)) audit and review committee may:

      (a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in RCW 44.28.085 as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

      (b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

      (c) Make a report to the legislature which shall include at least the following:

      (i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

      (ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management.

      Sec. 13. RCW 28A.630.830 and 1994 c 13 s 5 are each amended to read as follows:

      (1) The selection advisory committee is created. The committee shall be composed of up to three members from the house of representatives, up to three members from the senate, up to two members from the office of the superintendent of public instruction, and one member from each of the following: The office of financial management, Washington state special education coalition, transitional bilingual instruction educators, and Washington education association.

      (2) The joint legislative ((budget)) audit and review committee and the superintendent of public instruction shall provide staff for the selection advisory committee.

      (3) The selection advisory committee shall:

      (a) Develop appropriate criteria for selecting demonstration projects;

      (b) Issue requests for proposals in accordance with RCW 28A.630.820 through 28A.630.845 for demonstration projects;

      (c) Review proposals and recommend demonstration projects for approval by the superintendent of public instruction; and

      (d) Advise the superintendent of public instruction on the evaluation design.

      Sec. 14. RCW 28B.20.382 and 1987 c 505 s 13 are each amended to read as follows:

      Until authorized and empowered to do so by statute of the legislature, the board of regents of the university, with respect to that certain tract of land in the city of Seattle originally known as the "old university grounds" and more recently known as the "Metropolitan Tract" and any land contiguous thereto, shall not sell ((said)) the land or any part thereof or any improvement thereon, or lease ((said)) the land or any part thereof or any improvement thereon or renew or extend any lease thereof for a term ending more than sixty years beyond midnight, December 31, 1980. Any sale of ((said)) the land or any part thereof or any improvement thereon, or any lease or renewal or extension of any lease of ((said)) the land or any part thereof or any improvement thereon for a term ending more than sixty years after midnight, December 31, 1980, made or attempted to be made by the board of regents shall be null and void unless and until the same has been approved or ratified and confirmed by legislative act.

      The board of regents shall have power from time to time to lease ((said)) the land, or any part thereof or any improvement thereon for a term ending not more than sixty years beyond midnight, December 31, 1980: PROVIDED, That the board of regents shall make a full, detailed report of all leases and transactions pertaining to ((said)) the land or any part thereof or any improvement thereon to the joint legislative ((budget)) audit and review committee, including one copy to the staff of the committee, during an odd-numbered year: PROVIDED FURTHER, That any and all records, books, accounts ((and/or)), and agreements of any lessee or sublessee under this section, pertaining to compliance with the terms and conditions of such lease or sublease, shall be open to inspection by the board of regents ((and/or)), the ways and means committee((s)) of the senate ((or)), the appropriations committee of the house of representatives ((or)), and the joint legislative ((budget)) audit and review committee or any successor committees. It is not intended by this proviso that unrelated records, books, accounts ((and/or)), and agreements of lessees, sublessees, or related companies be open to such inspection.

      Sec. 15. RCW 39.19.060 and 1993 c 512 s 9 are each amended to read as follows:

      Each state agency and educational institution shall comply with the annual goals established for that agency or institution under this chapter for public works and procuring goods or services. This chapter applies to all public works and procurement by state agencies and educational institutions, including all contracts and other procurement under chapters 28B.10, 39.04, 39.29, 43.19, and 47.28 RCW. Each state agency shall adopt a plan, developed in consultation with the director and the advisory committee, to insure that minority and women-owned businesses are afforded the maximum practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works and goods and services. The plan shall include specific measures the agency will undertake to increase the participation of certified minority and women-owned businesses. The office shall annually notify the governor, the state auditor, and the joint legislative ((budget)) audit and review committee of all agencies and educational institutions not in compliance with this chapter.

      Sec. 16. RCW 39.29.016 and 1987 c 414 s 4 are each amended to read as follows:

      Emergency contracts shall be filed with the office of financial management and the joint legislative ((budget)) audit and review committee and made available for public inspection within three working days following the commencement of work or execution of the contract, whichever occurs first. Documented justification for emergency contracts shall be provided to the office of financial management and the joint legislative ((budget)) audit and review committee when the contract is filed.

      Sec. 17. RCW 39.29.018 and 1993 c 433 s 5 are each amended to read as follows:

      (1) Sole source contracts shall be filed with the office of financial management and the joint legislative ((budget)) audit and review committee and made available for public inspection at least ten working days prior to the proposed starting date of the contract. Documented justification for sole source contracts shall be provided to the office of financial management and the joint legislative ((budget)) audit and review committee when the contract is filed. For sole source contracts of ten thousand dollars or more that are state funded, documented justification shall include evidence that the agency attempted to identify potential consultants by advertising through state-wide or regional newspapers.

      (2) The office of financial management shall approve sole source contracts of ten thousand dollars or more that are state funded, before any such contract becomes binding and before any services may be performed under the contract. These requirements shall also apply to sole source contracts of less than ten thousand dollars if the total amount of such contracts between an agency and the same consultant is ten thousand dollars or more within a fiscal year. Agencies shall ensure that the costs, fees, or rates negotiated in filed sole source contracts of ten thousand dollars or more are reasonable.

      Sec. 18. RCW 39.29.025 and 1993 c 433 s 3 are each amended to read as follows:

      (1) Substantial changes in either the scope of work specified in the contract or in the scope of work specified in the formal solicitation document must generally be awarded as new contracts. Substantial changes executed by contract amendments must be submitted to the office of financial management and the joint legislative ((budget)) audit and review committee, and are subject to approval by the office of financial management.

      (2) An amendment or amendments to personal service contracts, if the value of the amendment or amendments, whether singly or cumulatively, exceeds fifty percent of the value of the original contract must be provided to the office of financial management and the joint legislative ((budget)) audit and review committee.

      (3) The office of financial management shall approve amendments provided to it under this section before the amendments become binding and before services may be performed under the amendments.

      (4) The amendments must be filed with the office of financial management and made available for public inspection at least ten working days prior to the proposed starting date of services under the amendments.

      (5) The office of financial management shall approve amendments provided to it under this section only if they meet the criteria for approval of the amendments established by the director of the office of financial management.

      Sec. 19. RCW 39.29.055 and 1993 c 433 s 7 are each amended to read as follows:

      (1) State-funded personal service contracts subject to competitive solicitation shall be filed with the office of financial management and the joint legislative ((budget)) audit and review committee and made available for public inspection at least ten working days before the proposed starting date of the contract.

      (2) The office of financial management shall review and approve state-funded personal service contracts subject to competitive solicitation that provide services relating to management consulting, organizational development, marketing, communications, employee training, or employee recruiting.

      Sec. 20. RCW 41.06.070 and 1995 c 163 s 1 are each amended to read as follows:

      (1) The provisions of this chapter do not apply to:

      (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative ((budget)) audit and review committee, statute law committee, and any interim committee of the legislature;

      (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

      (c) Officers, academic personnel, and employees of technical colleges;

      (d) The officers of the Washington state patrol;

      (e) Elective officers of the state;

      (f) The chief executive officer of each agency;

      (g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

      (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

      (i) All members of such boards, commissions, or committees;

      (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

      (iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

      (iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;

      (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

      (j) Assistant attorneys general;

      (k) Commissioned and enlisted personnel in the military service of the state;

      (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

      (m) The public printer or to any employees of or positions in the state printing plant;

      (n) Officers and employees of the Washington state fruit commission;

      (o) Officers and employees of the Washington state apple advertising commission;

      (p) Officers and employees of the Washington state dairy products commission;

      (q) Officers and employees of the Washington tree fruit research commission;

      (r) Officers and employees of the Washington state beef commission;

      (s) Officers and employees of any commission formed under chapter 15.66 RCW;

      (t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;

      (u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

      (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

      (w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

      (x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

      (y) All employees of the marine employees' commission;

      (z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997.

      (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

      (a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

      (b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;

      (c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

      (d) Printing craft employees in the department of printing at the University of Washington.

      (3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1)(w) and (x) and (2) of this section, together with the reasons for such exemptions.

      The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v) and (2) of this section, shall be determined by the Washington personnel resources board.

      Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

      Sec. 21. RCW 42.48.060 and 1985 c 334 s 6 are each amended to read as follows:

      Nothing in this chapter is applicable to, or in any way affects, the powers and duties of the state auditor or the joint legislative ((budget)) audit and review committee.

      Sec. 22. RCW 43.09.310 and 1995 c 301 s 22 are each amended to read as follows:

      The state auditor shall annually audit the state-wide combined financial statements prepared by the office of financial management and make post-audits of state agencies. Post-audits of state agencies shall be made at such periodic intervals as is determined by the state auditor. Audits of combined financial statements shall include determinations as to the validity and accuracy of accounting methods, procedures and standards utilized in their preparation, as well as the accuracy of the financial statements themselves. A report shall be made of each such audit and post-audit upon completion thereof, and one copy shall be transmitted to the governor, one to the director of financial management, one to the state agency audited, one to the joint legislative ((budget)) audit and review committee, one each to the standing committees on ways and means of the house and senate, one to the chief clerk of the house, one to the secretary of the senate, and at least one shall be kept on file in the office of the state auditor. A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general.

      Sec. 23. RCW 43.21J.800 and 1993 c 516 s 11 are each amended to read as follows:

      On or before June 30, 1998, the joint legislative ((budget)) audit and review committee shall prepare a report to the legislature evaluating the implementation of the environmental restoration jobs act of 1993, chapter 516, Laws of 1993.

      Sec. 24. RCW 43.79.270 and 1973 c 144 s 2 are each amended to read as follows:

      Whenever any money, from the federal government, or from other sources, which was not anticipated in the budget approved by the legislature has actually been received and is designated to be spent for a specific purpose, the head of any department, agency, board, or commission through which such expenditure shall be made is to submit to the governor a statement which may be in the form of a request for an allotment amendment setting forth the facts constituting the need for such expenditure and the estimated amount to be expended: PROVIDED, That no expenditure shall be made in excess of the actual amount received, and no money shall be expended for any purpose except the specific purpose for which it was received. A copy of any proposal submitted to the governor to expend money from an appropriated fund or account in excess of appropriations provided by law which is based on the receipt of unanticipated revenues shall be submitted to the joint legislative ((budget)) audit and review committee and also to the standing committees on ways and means of the house and senate if the legislature is in session at the same time as it is transmitted to the governor.

      Sec. 25. RCW 43.79.280 and 1973 c 144 s 3 are each amended to read as follows:

      If the governor approves such estimate in whole or part, he shall endorse on each copy of the statement his approval, together with a statement of the amount approved in the form of an allotment amendment, and transmit one copy to the head of the department, agency, board, or commission authorizing the expenditure. An identical copy of the governor's statement of approval and a statement of the amount approved for expenditure shall be transmitted simultaneously to the joint legislative ((budget)) audit and review committee and also to the standing committee on ways and means of the house and senate of all executive approvals of proposals to expend money in excess of appropriations provided by law.

      Sec. 26. RCW 43.88.205 and 1979 c 151 s 141 are each amended to read as follows:

      (1) Whenever an agency makes application, enters into a contract or agreement, or submits state plans for participation in, and for grants of federal funds under any federal law, the agency making such application shall at the time of such action, give notice in such form and manner as the director of financial management may prescribe, or the ((chairman)) chair of the joint legislative ((budget)) audit and review committee, standing committees on ways and means of the house and senate, the chief clerk of the house, or the secretary of the senate may request.

      (2) Whenever any such application, contract, agreement, or state plan is amended, such agency shall notify each such officer of such action in the same manner as prescribed or requested pursuant to subsection (1) of this section.

      (3) Such agency shall promptly furnish such progress reports in relation to each such application, contract, agreement, or state plan as may be requested following the date of the filing of the application, contract, agreement, or state plan; and shall also file with each such officer a final report as to the final disposition of each such application, contract, agreement, or state plan if such is requested.

      Sec. 27. RCW 43.88.230 and 1981 c 270 s 12 are each amended to read as follows:

      For the purposes of this chapter, the statute law committee, the joint legislative ((budget)) audit and review committee, the legislative transportation committee, the legislative evaluation and accountability program committee, the office of state actuary, and all legislative standing committees of both houses shall be deemed a part of the legislative branch of state government.

      Sec. 28. RCW 43.88.310 and 1993 c 157 s 1 are each amended to read as follows:

      (1) The legislative auditor, with the concurrence of the joint legislative ((budget)) audit and review committee, may file with the attorney general any audit exceptions or other findings of any performance audit, management study, or special report prepared for the joint legislative ((budget)) audit and review committee, any standing or special committees of the house or senate, or the entire legislature which indicate a violation of RCW 43.88.290, or any other act of malfeasance, misfeasance, or nonfeasance on the part of any state officer or employee.

      (2) The attorney general shall promptly review each filing received from the legislative auditor and may act thereon as provided in RCW 43.88.300, or any other applicable statute authorizing enforcement proceedings by the attorney general. The attorney general shall advise the joint legislative ((budget)) audit and review committee of the status of exceptions or findings referred under this section.

      Sec. 29. RCW 43.88.510 and 1987 c 505 s 37 are each amended to read as follows:

      Not later than ninety days after the beginning of each biennium, the director of financial management shall submit the compiled list of boards, commissions, councils, and committees, together with the information on each such group, that is required by RCW 43.88.505 to:

      (1) The speaker of the house and the president of the senate for distribution to the appropriate standing committees, including one copy to the staff of each of the committees;

      (2) The chair of the joint legislative ((budget)) audit and review committee, including a copy to the staff of the committee;

      (3) The chairs of the committees on ways and means of the senate and house of representatives; and

      (4) Members of the state government committee of the house of representatives and of the governmental operations committee of the senate, including one copy to the staff of each of the committees.

      Sec. 30. RCW 43.131.050 and 1990 c 297 s 2 are each amended to read as follows:

      The joint legislative ((budget)) audit and review committee shall cause to be conducted a program and fiscal review of any state agency or program scheduled for termination by the processes provided in this chapter. Such program and fiscal review shall be completed and a preliminary report prepared on or before June 30th of the year prior to the date established for termination. Upon completion of its preliminary report, the joint legislative ((budget)) audit and review committee shall transmit copies of the report to the office of financial management. The office of financial management may then conduct its own program and fiscal review of the agency scheduled for termination and shall prepare a report on or before September 30th of the year prior to the date established for termination. Upon completion of its report the office of financial management shall transmit copies of its report to the joint legislative ((budget)) audit and review committee. The joint legislative ((budget)) audit and review committee shall prepare a final report that includes the reports of both the office of financial management and the joint legislative ((budget)) audit and review committee. The joint legislative ((budget)) audit and review committee and the office of financial management shall, upon request, make available to each other all working papers, studies, and other documents which relate to reports required under this section. The joint legislative ((budget)) audit and review committee shall transmit the final report to the legislature, to the state agency concerned, to the governor, and to the state library.

      Sec. 31. RCW 43.131.060 and 1988 c 17 s 1 are each amended to read as follows:

      In conducting the review of a regulatory entity, the joint legislative ((budget)) audit and review committee shall consider, but not be limited to, the following factors where applicable:

      (1) The extent to which the regulatory entity has operated in the public interest and fulfilled its statutory obligations;

      (2) The duties of the regulatory entity and the costs incurred in carrying out those duties;

      (3) The extent to which the regulatory entity is operating in an efficient, effective, and economical manner;

      (4) The extent to which the regulatory entity inhibits competition or otherwise adversely affects the state's economic climate;

      (5) The extent to which the regulatory entity duplicates the activities of other regulatory entities or of the private sector, where appropriate; and

      (6) The extent to which the absence or modification of regulation would adversely affect, maintain, or improve the public health, safety, or welfare.

      Sec. 32. RCW 43.131.070 and 1977 ex.s. c 289 s 7 are each amended to read as follows:

      In conducting the review of a state agency other than a regulatory entity, the joint legislative ((budget)) audit and review committee shall consider, but not be limited to, the following factors where applicable:

      (1) The extent to which the state agency has complied with legislative intent;

      (2) The extent to which the state agency is operating in an efficient and economical manner which results in optimum performance;

      (3) The extent to which the state agency is operating in the public interest by effectively providing a needed service that should be continued rather than modified, consolidated, or eliminated;

      (4) The extent to which the state agency duplicates the activities of other state agencies or of the private sector, where appropriate; and

      (5) The extent to which the termination or modification of the state agency would adversely affect the public health, safety, or welfare.

      Sec. 33. RCW 43.131.080 and 1989 c 175 s 109 are each amended to read as follows:

      (1) Following receipt of the final report from the joint legislative ((budget)) audit and review committee, the appropriate committees of reference in the senate and the house of representatives shall each hold a public hearing, unless a joint hearing is held, to consider the final report and any related data. The committees shall also receive testimony from representatives of the state agency or agencies involved, which shall have the burden of demonstrating a public need for its continued existence; and from the governor or the governor's designee, and other interested parties, including the general public.

      (2) When requested by either of the presiding members of the appropriate senate and house committees of reference, a regulatory entity under review shall mail an announcement of any hearing to the persons it regulates who have requested notice of agency rule-making proceedings as provided in RCW 34.05.320, or who have requested notice of hearings held pursuant to the provisions of this section. On request of either presiding member, such mailing shall include an explanatory statement not exceeding one page in length prepared and supplied by the member's committee.

      (3) The presiding members of the senate committee on ways and means and the house committee on appropriations may designate one or more liaison members to each committee of reference in their respective chambers for purposes of participating in any hearing and in subsequent committee of reference discussions and to seek a coordinated approach between the committee of reference and the committee they represent in a liaison capacity.

      (4) Following any hearing under subsection (1) of this section by the committees of reference, such committees may hold additional meetings or hearings to come to a final determination as to whether a state agency has demonstrated a public need for its continued existence or whether modifications in existing procedures are needed. In the event that a committee of reference concludes that a state agency shall be reestablished or modified or its functions transferred elsewhere, it shall make such determination as a bill. No more than one state agency shall be reestablished or modified in any one bill.

      Sec. 34. RCW 43.131.110 and 1977 ex.s. c 289 s 11 are each amended to read as follows:

      Any reference in this chapter to a committee of the legislature including the joint legislative ((budget)) audit and review committee shall also refer to the successor of that committee.

      Sec. 35. RCW 43.250.080 and 1986 c 294 s 8 are each amended to read as follows:

      At the end of each fiscal year, the state treasurer shall submit to the governor, the state auditor, and the joint legislative ((budget)) audit and review committee a summary of the activity of the investment pool. The summary shall indicate the quantity of funds deposited; the earnings of the pool; the investments purchased, sold, or exchanged; the administrative expenses of the investment pool; and such other information as the state treasurer deems relevant.

      Sec. 36. RCW 44.40.025 and 1981 c 270 s 15 are each amended to read as follows:

      In addition to the powers and duties authorized in RCW 44.40.020, the committee and the standing committees on transportation of the house and senate shall, in coordination with the joint legislative ((budget)) audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives, ascertain, study, and/or analyze all available facts and matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor vehicle fund and accounts thereof, the highway safety fund, and all other funds or accounts related to transportation programs of the state.

      The joint legislative ((budget)) audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives shall coordinate their activities with the legislative transportation committee in carrying out the committees' powers and duties under chapter 43.88 RCW in matters relating to the transportation programs of the state.

      Sec. 37. RCW 67.70.310 and 1982 2nd ex.s. c 7 s 31 are each amended to read as follows:

      The director of financial management may conduct a management review of the commission's lottery operations to assure that:

      (1) The manner and time of payment of prizes to the holder of winning tickets or shares is consistent with this chapter and the rules adopted under this chapter;

      (2) The apportionment of total revenues accruing from the sale of lottery tickets or shares and from all other sources is consistent with this chapter;

      (3) The manner and type of lottery being conducted, and the expenses incidental thereto, are the most efficient and cost-effective; and

      (4) The commission is not unnecessarily incurring operating and administrative costs.

      In conducting a management review, the director of financial management may inspect the books, documents, and records of the commission. Upon completion of a management review, all irregularities shall be reported to the attorney general, the joint legislative ((budget)) audit and review committee, and the state auditor. The director of financial management shall make such recommendations as may be necessary for the most efficient and cost-effective operation of the lottery.

      Sec. 38. RCW 79.01.006 and 1991 c 204 s 1 are each amended to read as follows:

      (1) Every five years the department of social and health services and other state agencies that operate institutions shall conduct an inventory of all real property subject to the charitable, educational, penal, and reformatory institution account and other real property acquired for institutional purposes or for the benefit of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled. The inventory shall identify which of those real properties are not needed for state-provided residential care, custody, or treatment. By December 1, 1992, and every five years thereafter the department shall report the results of the inventory to the house of representatives committee on capital facilities and financing, the senate committee on ways and means, and the joint legislative ((budget)) audit and review committee.

      (2) Real property identified as not needed for state-provided residential care, custody, or treatment shall be transferred to the corpus of the charitable, educational, penal, and reformatory institution account. This subsection shall not apply to real property subject to binding conditions that conflict with the other provisions of this subsection.

      (3) The department of natural resources shall manage all property subject to the charitable, educational, penal, and reformatory institution account and, in consultation with the department of social and health services and other affected agencies, shall adopt a plan for the management of real property subject to the account and other real property acquired for institutional purposes or for the benefit of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled.

      (a) The plan shall be consistent with state trust land policies and shall be compatible with the needs of institutions adjacent to real property subject to the plan.

      (b) The plan may be modified as necessary to ensure the quality of future management and to address the acquisition of additional real property."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Engrossed Second Substitute House Bill No. 2222.

      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 line 2 of the title, after "programs;" strike the remainder of the title and insert "and amending RCW 44.28.010, 44.28.020, 44.28.030, 44.28.040, 44.28.080, 44.28.180, 44.28.087, 44.28.100, 44.28.120, 44.28.150, 43.88.020, 43.88.160, 28A.630.830, 28B.20.382, 39.19.060, 39.29.016, 39.29.018, 39.29.025, 39.29.055, 41.06.070, 42.48.060, 43.09.310, 43.21J.800, 43.79.270, 43.79.280, 43.88.205, 43.88.230, 43.88.310, 43.88.510, 43.131.050, 43.131.060, 43.131.070, 43.131.080, 43.131.110, 43.250.080, 44.40.025, 67.70.310, and 79.01.006."

      On motion of Senator Bauer, the rules were suspended, Engrossed Second Substitute House Bill No. 2222, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 2222, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2222, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Rinehart - 1.

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2222, 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 SUBSTITUTE HOUSE BILL NO. 2150, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt, Skinner, R. Fisher, Sterk, Romero, Conway, Smith, Lambert, D. Schmidt, Mitchell, Robertson, Backlund, Ballasiotes, Kremen, Pennington, Hymes, Crouse, Delvin, Buck, Chappell, Ogden, Brown, Scott, Blanton, Lisk, Mulliken, Sheldon, Grant, Chandler, Radcliff, Honeyford, Koster, Huff, L. Thomas, Quall, Johnson, Hickel, Thompson, Cooke, Patterson, Costa and McMahan)

 

Authorizing investigation of documents submitted with a driver's license application.


      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. This act, authorizing investigation of documents submitted with a driver's license application, is the second stage of a three-part effort to increase the reliability and security of the Washington driver's license document.

      The first stage, accomplished with the enactment of chapter 452, Laws of 1993, established procedures for identification documentation screening and acceptance in the department of licensing field offices. That act established a list of acceptable documents to be used as primary identification documents, and provided for departmental review of secondary identification documents commonly used to establish identity.

      This act enhances the procedures established in chapter 452, Laws of 1993, by directing the department of licensing to retain secondary identification documentation where necessary to verify the validity of the documents. It further requires a license applicant to sign a statement that identifying documentation is valid. Making a false statement regarding the validity of any identifying information constitutes false swearing, a gross misdemeanor.

      The third stage in the effort to improve the reliability and security of the driver's license is the eventual adoption of a new document with minimal potential for forgery. Such a document would potentially include available antifraud safeguards, such as biometric identifiers, and other technological advances as described in section 8 of this act. Development of a proposal for the new driver's license document will follow the release of a recommendation on technology currently being formulated by the department of licensing's driver's document advisory committee. The committee's recommendation is currently scheduled for release on November 15, 1996.

      NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

      Every application for an identicard or a Washington state driver's license must contain a statement of implied consent, notifying the applicant that information contained in the application and any documents submitted in support of the application may be made available to law enforcement agencies, or federal, state, and local governmental agencies for official purposes.

      Sec. 3. RCW 46.20.035 and 1993 c 452 s 1 are each amended to read as follows:

      (1) The department may not issue an identicard or a Washington state driver's license, except as provided in RCW 46.20.116, unless the applicant has satisfied the department regarding his or her identity. Except as provided in subsection (2) of this section, an applicant has not satisfied the identity requirements of this section unless he or she displays or provides the department with at least one of the following pieces of valid identifying documentation:

      (a) A valid or recently expired driver's license or instruction permit that contains the signature, date of birth, and a photograph of the applicant;

      (b) A Washington state identicard or an identification card issued by another state that contains the signature and a photograph of the applicant;

      (c) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members of employees of the government agency, that contains the signature and a photograph of the applicant;

      (d) A United States military identification card that contains the signature and a photograph of the applicant;

      (e) A United States passport that contains the signature and a photograph of the applicant;

      (f) An immigration and naturalization service form that contains the signature and photograph of the applicant; or

      (g) If the applicant is a minor, an affidavit of the applicant's parent or guardian where the parent or guardian displays or provides at least one piece of identifying documentation as specified in this subsection along with additional documentation establishing the relationship between the parent or guardian and the applicant.

      (2) A person unable to provide identifying satisfactory documentation as specified in subsection (1) of this section may request that the department review other available documentation in order to ascertain identity. The department may retain documentation submitted for review under this subsection, in order to investigate its validity, except as provided in subsection (3) of this section. The department may waive the requirement for specific identifying documentation under subsection (1) of this section if it finds that other documentation clearly establishes the identity of the applicant. The department may issue a temporary driver's permit as provided in RCW 46.20.055(4), pending the investigation of documentation submitted by an applicant for review.

      (3) The department may not retain originals of green cards or other documents issued by the immigration and naturalization service, or documents of foreign origin. The department may make photocopies of these documents in order to determine validity. The department may issue to the applicant a temporary driver's permit or temporary identicard as provided in RCW 46.20.055(4) and 46.20.117, pending an investigation of documentation submitted under this subsection.

      (4) The department may not accept photocopied documents unless they are certified by the issuing authority. The department may not accept original documents transmitted by facsimile unless the documents are transmitted directly to the department from the issuing authority.

      Sec. 4. RCW 46.20.055 and 1990 c 250 s 34 are each amended to read as follows:

      (1) Any person who is at least fifteen and a half years of age may apply to the department for an instruction permit for the operation of any motor vehicle except a motorcycle. Any person sixteen years of age or older, holding a valid driver's license, may apply for an instruction permit for the operation of a motorcycle. The department may in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant a driver's or motorcyclist's instruction permit.

      (a) A driver's instruction permit entitles the permittee while having the permit in immediate possession to drive a motor vehicle upon the public highways for a period of one year when accompanied by a licensed driver who has had at least five years of driving experience and is occupying a seat beside the driver. Except as provided in subsection (c) of this subsection, only one additional permit, valid for one year, may be issued.

      (b) A motorcyclist's instruction permit entitles the permittee while having the permit in immediate possession to drive a motorcycle upon the public highways for a period of ninety days as provided in RCW 46.20.510(((3))) (2). Except as provided in subsection (c) of this subsection, only one additional permit, valid for ninety days, may be issued.

      (c) The department after investigation may issue a third driver's or motorcyclist's instruction permit when it finds that the permittee is diligently seeking to improve driving proficiency.

      (2) The department may waive the examination, except as to eyesight and other potential physical restrictions, for any applicant who is enrolled in either a traffic safety education course as defined by RCW 28A.220.020(2) or a course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1) at the time the application is being considered by the department. The department may require proof of registration in such a course as it deems necessary.

      (3) The department upon receiving proper application may in its discretion issue a driver's instruction permit to an applicant who is at least fifteen years of age and is enrolled in a traffic safety education program which includes practice driving and which is approved and accredited by the superintendent of public instruction. Such instruction permit shall entitle the permittee having the permit in immediate possession to drive a motor vehicle only when an approved instructor or other licensed driver with at least five years of driving experience, is occupying a seat beside the permittee.

      (4) The department may in its discretion issue a temporary driver's permit to an applicant for a driver's license permitting the applicant to drive a motor vehicle for a period not to exceed sixty days while the department is completing its investigation and determination of all facts relative to such applicant's right to receive a driver's license, including any necessary investigation into the validity of identification documentation submitted by the applicant. In the case of investigation of identification documents under RCW 46.20.035(3), the department may issue a temporary license pending the investigation of documentation submitted by an applicant for review. Such permit must be in the permittee's immediate possession while driving a motor vehicle, and it shall be invalid when the permittee's license has been issued or for good cause has been refused.

      Sec. 5. RCW 46.20.091 and 1990 c 250 s 35 are each amended to read as follows:

      (1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant making a false statement under this subsection is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040. Every application for an instruction permit containing a photograph shall be accompanied by a fee of five dollars. The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.

      (2) Every such application shall state the full name, date of birth, sex, and Washington residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require, including a statement that identifying documentation presented by the applicant is valid.

      (3) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this state.

      (4) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington. Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.

      Sec. 6. RCW 46.20.118 and 1990 c 250 s 37 are each amended to read as follows:

      The department shall maintain a negative file. It shall contain negatives of all pictures taken by the department of licensing as authorized by RCW 46.20.070 through 46.20.119. Negatives in the file shall not be available for public inspection and copying under chapter 42.17 RCW. The department ((may)) shall make the file available to official governmental enforcement agencies to assist in the investigation by the agencies of suspected criminal activity. The department may also provide a print to the driver's next of kin in the event the driver is deceased.

      Sec. 7. RCW 46.63.020 and 1995 1st sp.s. c 16 s 1, 1995 c 332 s 16, and 1995 c 256 s 25 are each reenacted and amended to read as follows:

      Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

      (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

      (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

      (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

      (4) RCW 46.10.130 relating to the operation of snowmobiles;

      (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

      (6) RCW 46.16.010 relating to initial registration of motor vehicles;

      (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

      (8) RCW 46.16.160 relating to vehicle trip permits;

      (9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

      (10) RCW 46.20.021 relating to driving without a valid driver's license;

      (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

      (12) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

      (((12))) (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

      (((13))) (14) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

      (((14))) (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

      (((15))) (16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

      (((16))) (17) RCW 46.25.170 relating to commercial driver's licenses;

      (((17))) (18) Chapter 46.29 RCW relating to financial responsibility;

      (((18))) (19) RCW 46.30.040 relating to providing false evidence of financial responsibility;

      (((19))) (20) RCW 46.37.435 relating to wrongful installation of sunscreening material;

      (((20))) (21) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

      (((21))) (22) RCW 46.48.175 relating to the transportation of dangerous articles;

      (((22))) (23) RCW 46.52.010 relating to duty on striking an unattended car or other property;

      (((23))) (24) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (((24))) (25) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

      (((25))) (26) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

      (((26))) (27) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

      (((27))) (28) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

      (((28))) (29) RCW 46.55.035 relating to prohibited practices by tow truck operators;

      (((29))) (30) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

      (((30))) (31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

      (((31))) (32) RCW 46.61.022 relating to failure to stop and give identification to an officer;

      (((32))) (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

      (((33))) (34) RCW 46.61.500 relating to reckless driving;

      (((34))) (35) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

      (((35))) (36) RCW ((46.61.5055 (section 5, chapter 332 (Substitute Senate Bill No. 5141), Laws of 1995))) 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

      (((36))) (37) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

      (((37))) (38) RCW 46.61.522 relating to vehicular assault;

      (((38))) (39) RCW 46.61.525 relating to negligent driving;

      (((39))) (40) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

      (((40))) (41) RCW 46.61.530 relating to racing of vehicles on highways;

      (((41))) (42) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

      (((42))) (43) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

      (((43))) (44) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

      (((44))) (45) Chapter 46.65 RCW relating to habitual traffic offenders;

      (((45))) (46) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

      (((46))) (47) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

      (((47))) (48) Chapter 46.80 RCW relating to motor vehicle wreckers;

      (((48))) (49) Chapter 46.82 RCW relating to driver's training schools;

      (((49))) (50) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

      (((50))) (51) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

      NEW SECTION. Sec. 8. (1) The legislative transportation committee is directed to appoint a consultant to assist the committee in undertaking a study of the methods and technology currently available to create a driver's license and identicard that cannot be fraudulently obtained from the department of licensing, thereby providing the public, businesses, and agencies with a more secure driver's license. The scope of the study shall be determined by the legislative transportation committee, but at a minimum, shall include an examination of:

      (a) Improving identity verification with the use of biometric systems; determining the type of biometric system to be utilized; and examining system costs. A "biometric system" refers to the use of identification technology to verify the identity of individuals through comparison of unique physical characteristics;

      (b) Digitized facial photography, and associated system costs;

      (c) Coded information, such as a bar code, and associated system costs; and

      (d) Available technology to prevent alterations of the license and identification cards, and associated costs.

      (2) The consultant and the legislative transportation committee shall work closely with the department of licensing in developing recommendations.

      (3) The legislative transportation committee shall deliver a final report and recommendations to the legislature by December 15, 1996."

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

      On line 2 of the title, after "identicards;" strike the remainder of the title and insert "amending RCW 46.20.035, 46.20.055, 46.20.091, and 46.20.118; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.20 RCW; creating new sections; and prescribing penalties."


MOTION


      On motion of Senator Owen, the rules were suspended, Engrossed Substitute House Bill No. 2150, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2150, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2150, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 43.

      Voting nay: Senators Drew, Fairley, Franklin, Heavey, Roach and Zarelli - 6.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2150, 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


      HOUSE BILL NO. 2126, by Representatives Dyer, Cody, Sheldon, Smith, Van Luven, Thompson and Murray

 

Allowing a dentist to obtain an inactive license.


      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:

      "NEW SECTION. Sec. 1. A new section is added to chapter 18.32 RCW to read as follows:

      The commission may adopt rules under this section authorizing an inactive license status.

      (1) An individual licensed under chapter 18.32 RCW may place his or her license on inactive status. The holder of an inactive license must not practice dentistry in this state without first activating the license.

      (2) The inactive renewal fee must be established by the secretary under RCW 43.70.250. Failure to renew an inactive license shall result in cancellation of the inactive license in the same manner as an active license.

      (3) An inactive license may be placed in an active status upon compliance with rules established by the commission.

      (4) Provisions relating to disciplinary action against a person with a license are applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license will remain inactive until the proceedings have been completed."

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

      On page 1, line 1 of the title, after "dentists;" strike the remainder of the title and insert "and adding a new section to chapter 18.32 RCW."


MOTION


      On motion of Senator Quigley, the rules were suspended, House Bill No. 2126, as amended by the Senate, 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 Oke was excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2126, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2126, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      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, 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.

      Excused: Senator Oke - 1.

      HOUSE BILL NO. 2126, 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


      At 12:13 p.m., on motion of Senator Spanel, the Senate recessed until 12:45 p.m.


      The Senate was called to order at 12:58 p.m. by President Pritchard.


SECOND READING


      HOUSE BILL NO. 2457, by Representatives Hatfield, Van Luven, Regala and Kessler

 

Changing how valuation is determined for property taxation of senior citizens and persons retired because of physical disability.


      The bill was read the second time.


MOTION


      Senator Haugen moved that the following Committee on Government Operations amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 84.36.381 and 1995 1st sp.s. c 8 s 1 are each amended to read as follows:

      A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:

      (1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of the time of filing: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:

      (a) The residence is temporarily unoccupied;

      (b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or

      (c) The residence is rented for the purpose of paying nursing home or hospital costs;

      (2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;

      (3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;

      (4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the assessment year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the assessment year by reason of the death of the person's spouse, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation of such income prior to May 31 of the year following application;

      (5)(a) A person who otherwise qualifies under this section and has a combined disposable income of twenty-eight thousand dollars or less shall be exempt from all excess property taxes; and

      (b)(i) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or

      (ii) A person who otherwise qualifies under this section and has a combined disposable income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence; and

      (6) For a person who otherwise qualifies under this section and has a combined disposable income of twenty-eight thousand dollars or less, the valuation of the residence shall be the ((true and fair)) assessed value of the residence on the later of January 1, 1995, or January 1st of the assessment year the person first qualifies under this section. If the person subsequently fails to qualify under this section only for one year because of high income, this same valuation shall be used upon requalification. If the person fails to qualify for more than one year in succession because of high income or fails to qualify for any other reason, the valuation upon requalification shall be the ((true and fair)) assessed value on January 1st of the assessment year in which the person requalifies. If the person transfers the exemption under this section to a different residence, the valuation of the different residence shall be the ((true and fair)) assessed value of the different residence on January 1st of the assessment year in which the person transfers the exemption.

      In no event may the valuation under this subsection be greater than the true and fair value of the residence on January 1st of the assessment year.

      This subsection does not apply to subsequent improvements to the property in the year in which the improvements are made. Subsequent improvements to the property shall be added to the value otherwise determined under this subsection at their true and fair value in the year in which they are made.

      Sec. 2. RCW 84.40.030 and 1994 c 124 s 20 are each amended to read as follows:

      All property shall be valued at one hundred percent of its true and fair value in money and assessed on the same basis unless specifically provided otherwise by law.

      Taxable leasehold estates shall be valued at such price as they would bring at a fair, voluntary sale for cash without any deductions for any indebtedness owed including rentals to be paid.

      The true and fair value of real property for taxation purposes (including property upon which there is a coal or other mine, or stone or other quarry) shall be based on the most probable and most reasonable use of the real property based upon the following criteria:

      (1) Any sales of the property being appraised or similar properties with respect to sales made within the past five years. The appraisal shall be consistent with the comprehensive land use plan, development regulations under chapter 36.70A RCW, zoning, and any other governmental policies or practices in effect at the time of appraisal that affect the use of property, as well as physical and environmental influences. The appraisal shall also take into account: (a) In the use of sales by real estate contract as similar sales, the extent, if any, to which the stated selling price has been increased by reason of the down payment, interest rate, or other financing terms; and (b) the extent to which the sale of a similar property actually represents the general effective market demand for property of such type, in the geographical area in which such property is located. Sales involving deed releases or similar seller-developer financing arrangements shall not be used as sales of similar property.

      (2) In addition to sales as defined in subsection (1), consideration may be given to cost, cost less depreciation, reconstruction cost less depreciation, or capitalization of income that would be derived from prudent use of the property. In the case of property of a complex nature, or being used under terms of a franchise from a public agency, or operating as a public utility, or property not having a record of sale within five years and not having a significant number of sales of similar property in the general area, the provisions of this subsection (2) shall be the dominant factors in valuation. When provisions of this subsection (2) are relied upon for establishing values the property owner shall be advised upon request of the factors used in arriving at such value.

      (3) In valuing any tract or parcel of real property, the value of the land, exclusive of structures thereon shall be determined; also the value of structures thereon, but the valuation shall not exceed the value of the total property as it exists. In valuing agricultural land, growing crops shall be excluded.

      NEW SECTION. Sec. 3. 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. 4. 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. 5. (1) Section 1 of 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.

      (2) Section 2 of this act shall take effect July 1, 1997."


POINT OF ORDER


      Senator Spanel: "Mr. President, I rise to a point of order. I raise the question of scope and object of the committee amendment--the Government Operations committee amendment to House Bill No. 2457. House Bill No. 2457 modifies the residential valuation limit under the senior citizen property tax exemption program to conform to current practice. This amendment changes the evaluation methodology for all property and all persons. In addition, the amendment does not fall under the scope of the title which is limited to senior citizens and persons retired because of physical disabililty."

      There being no objection, the President deferred further consideration of House Bill No. 2457.


      There being no objection, the Senate resumed consideration of Substitute House Bill No. 2118 and the pending amendment by Senators Fraser, Rinehart, Winsley and Haugen on page 6, after line 10, to the Committee on Government Operations striking amendment, which was deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator McCaslin, the President finds that Substitute House Bill No. 2118 is a measure which deletes the requirement that an emergency exist before local governments may call for special elections and provides a mechanism for cities, towns and special districts for addressing vacancies in certain elections.

      "The amendment by Senators Fraser, Rinehart, Winsley and Haugen on page 6, after line 10, to the Committee on Government Operations striking amendment would establish procedures for the printing, content and distribution of statewide voters' pamphlets under certain circumstances.

      "The President, therefore, finds that the proposed amendment to the committee amendment does change the scope and object of the bill and the point of order is well taken."


      The amendment by Senators Fraser, Rinehart, Winsley and Haugen to the Committee on Government Operations striking amendment to Substitute House Bill No. 2118 was ruled out of order.

      The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment to Substitute House Bill No. 2118.


MOTION


      On motion of Senator Spanel, and there being no objection, further consideration of Substitute House Bill No. 2118 was deferred.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2664, by House Committee on Government Operations (originally sponsored by Representatives Hargrove, Sheahan, Reams, Cairnes, Hymes and Thompson)

 

Authorizing municipalities to utilize competitive negotiations in the acquisition of electronic data processing or telecommunication systems.


      The bill was read the second time.


MOTION


      On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 2664 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Thibaudeau, Senator Owen was excused.

      On motion of Senator Anderson, Senator Zarelli was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2664.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2664 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, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Owen and Zarelli - 2.

      SUBSTITUTE HOUSE BILL NO. 2664, 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.


      There being no objection, the Senate resumed consideration of Engrossed House Bill No. 2837 and the pending amendment by Senators Wojahn, Winsley, Quigley, Fairley, Franklin, Moyer and Thibaudeau on page 3, after line 3, deferred February 29, 1996.



RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator West, the President finds that Engrossed House Bill No. 2837 is a measure which excludes labor organization policies or contracts from the definition of supplemental medicare insurance and conforms the reference to federal statutes to match recent federal changes.

      "The amendment by Senators Wojahn, Winsley, Quigley, Fairley, Franklin, Moyer and Thibaudeau would grant a tax exemption for certain health plans.

      "The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."


      The amendment by Senators Wojahn, Winsley, Quigley, Fairley, Franklin, Moyer and Thibaudeau on page 3, after line 3, to Engrossed House Bill No. 2837 was ruled out of order.



MOTIONS


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

      Beginning on page 1, line 17, after "(a)" strike all material through "(b)))" on page 2, line 3, and insert "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)"

      On page 2, line 8, strike "(((c))) (b)" and insert "(c)"

      On motion of Senator Quigley, the rules were suspended, Engrossed House Bill No. 2837, 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 House Bill No. 2837, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2837, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

      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, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senator Cantu - 1.

      Absent: Senator Pelz - 1.

      Excused: Senators Owen and Zarelli - 2.

      ENGROSSED HOUSE BILL NO. 2837, 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. 2757, by House Committee on Natural Resources (originally sponsored by Representative Pennington)

 

Requiring community service work for littering in state parks.


      The bill was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 2757 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. 2757.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2757 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      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 and Wood - 48.

      Excused: Senator Zarelli - 1.

      SUBSTITUTE HOUSE BILL NO. 2757, 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. 2340, by Representatives Sheahan, Costa, Hickel and Delvin

 

Allowing the association of superior court judges to establish when the annual meeting will be held.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, House Bill No. 2340 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 Swecker was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2340.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2340 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; 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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn and Wood - 46.

      Absent: Senator Rinehart - 1.

      Excused: Senators Swecker and Zarelli - 2.

      HOUSE BILL NO. 2340, 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.


      There being no objection, the President advanced the Senate to the seventh order of business.


      There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 1556, deferred on third reading earlier today.


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Substitute House Bill No. 1556 was returned to second reading and read the second time.


MOTION


      Senator Kohl moved that the following amendment by Senators Kohl, Hargrove, Long, Smith and Thibaudeau be adopted:

      On page 3, after line 13, insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 11.88 RCW to read as follows:

      A guardianship for a minor may not be entered under this chapter if a dependency action is currently pending under chapter 13.34 RCW for the minor, unless the guardian and guardianship have been approved in the permanency plan by the juvenile court.

      Sec. 3. RCW 13.34.030 and 1995 c 311 s 23 are each amended to read as follows:

      For purposes of this chapter:

      (1) "Child" and "juvenile" means any individual under the age of eighteen years.

      (2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree, a permanent custody order, or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

      (3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

      (4) "Dependent child" means any child:

      (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

      (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

      (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or

      (d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist.

      (5) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

      (6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

      (7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

      (8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

      (9) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

      Sec. 4. RCW 13.34.130 and 1995 c 313 s 2, 1995 c 311 s 19, and 1995 c 53 s 1 are each reenacted and amended to read as follows:

      If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

      (1) The court shall order one of the following dispositions of the case:

      (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

      (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

      (i) There is no parent or guardian available to care for such child;

      (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

      (iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

      (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

      (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

      (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

      (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

      (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

      (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

      (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

      (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.

      (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

      (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

      (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

      (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

      (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

      (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

      (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

      (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

      (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

      (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

      (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

      (b) If the child is not returned home, the court shall establish in writing:

      (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

      (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

      (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

      (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

      (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

      (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

      (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

      (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

      (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

      Sec. 5. RCW 13.34.145 and 1995 c 311 s 20 and 1995 c 53 s 2 are each reenacted and amended to read as follows:

      (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

      (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.

      (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

      (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

      (d) For purposes related to permanency planning:

      (i) "Guardianship" means a dependency guardianship pursuant to this chapter or a legal guardianship pursuant to chapter 11.88 RCW or equivalent laws of another state or a federally recognized Indian tribe.

      (ii) "Permanent legal custody" or "permanent custody" means legal custody of a relative child pursuant to chapter 26.10 RCW or equivalent laws of another state or of a federally recognized Indian tribe.

      (2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

      (3)(a) For children ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree ((or)), guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

      (b) For children over ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree ((or)), guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.

      (4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve or eighteen months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree ((or)), guardianship order, or permanent custody order is entered, or the dependency is dismissed.

      (5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

      (6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5) and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280. If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:

      (a)(i) Order the permanency plan prepared by the agency to be implemented; or

      (ii) Modify the permanency plan, and order implementation of the modified plan; and

      (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

      (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

      (7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(5), and the court shall determine the need for continued intervention.

      (8) If a dependency action is pending under this chapter and the dependent child is the subject of a legal guardianship proceeding or a permanent legal custody proceeding, juvenile court jurisdiction will prevent the entry of an order establishing a legal guardianship or permanent legal custody unless, (a) the juvenile court has ordered implementation of a permanency plan that includes legal guardianship or permanent legal custody, and (b) the party pursuing the legal guardianship or permanent legal custody is a relative identified in the permanency plan as the prospective legal guardian or custodian. During the pendency of the guardianship or legal custody proceedings, juvenile court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court review hearing shall be held for the purpose of determining whether dependency should be dismissed.

      (9) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

      (((9))) (10) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(5), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

      (((10))) (11) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

      (((11))) (12) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.

      (((12))) (13) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

      NEW SECTION. Sec. 6. A new section is added to chapter 26.10 RCW to read as follows:

      A custody decree for a minor may not be entered under this chapter if a dependency action is currently pending under chapter 13.34 RCW for the minor, unless the custodian and legal custody have been approved in the permanency plan by the juvenile court."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl, Hargrove, Long, Smith and Thibaudeau on page 3, after line 13, to Engrossed Substitute House Bill No. 1556 under suspension of the rules.

      The motion by Senator Kohl carried and the amendment was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "visitation;" strike the remainder of the title and insert "amending RCW 26.09.240 and 13.34.030; reenacting and amending RCW 13.34.130 and 13.34.145; adding a new section to chapter 11.88 RCW; and adding a new section to chapter 26.10 RCW."

      On motion of Senator Smith, Engrossed Substitute House Bill No. 1556, as amended by the Senate under suspension of the rules, 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 Substitute House Bill No. 1556, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1556, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      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, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Swecker - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1556, as amended by the Senate under suspension of the rules, 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.


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


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2311, by House Committee on Education (originally sponsored by Representatives Brumsickle and Regala)

 

Providing for the elimination of six-year terms of office for school board directors.


      The bill was read the second time.


MOTIONS


      On motion of Senator McAuliffe, the following Committee on Education amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 29.13.060 and 1991 c 363 s 32 are each amended to read as follows:

      (1) In each county with a population of two hundred ten thousand or more, first class school districts containing a city of the first class shall hold their elections biennially as provided in RCW 29.13.020.

      (2) Except as provided in RCW 28A.315.460, the directors to be elected ((shall)) may be elected for terms of six years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

      (3) If the board of directors of a school district included within the definition in subsection (1) of this section reduces the length of the term of office for school directors in the district from six to four years, the reduction in the length of term must not affect the term of office of any incumbent director without his or her consent, and provision must be made to appropriately stagger future elections of school directors."

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

      On page 1, line 2 of the title, after "office;" strike the remainder of the title and insert "and amending RCW 29.13.060."


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 2311, 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. 2311, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2311, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      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, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

      Excused: Senator Swecker - 1.

      SUBSTITUTE HOUSE BILL NO. 2311, 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 FOR RECONSIDERATION


      Having served prior notice, Senator Prentice moved that the Senate now reconsider the vote by which House Bill No. 2917 failed to receive a sixty percent majority February 28, 1996.

      The President declared the question before the Senate to be the motion by Senator Prentice to reconsider the vote by which House Bill No. 2917 failed to pass the Senate.

      The motion for reconsideration carried and the Senate will reconsider the vote by which House Bill No. 2917 failed to pass the Senate.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2917, on reconsideration.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2917, on reconsideration, and the bill failed to receive a sixty percent majority by the following vote: Yeas, 29; Nays, 19; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hale, Long, Loveland, McAuliffe, Newhouse, Owen, Pelz, Prentice, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 29.

      Voting nay: Senators Cantu, Deccio, Finkbeiner, Hargrove, Haugen, Heavey, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Oke, Prince, Quigley, Rinehart, Strannigan, Thibaudeau and Zarelli - 19.

      Absent: Senator Kohl - 1.

      HOUSE BILL NO. 2917, on reconsideration, having failed to receive a sixty percent majority vote, was declared lost.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2463, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Hatfield, Honeyford, Hymes, Boldt, Kessler and Benton)

 

Requiring implementation of salmon restoration action plans.


      The bill was read the second time.


MOTION


      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2463 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. 2463.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2463 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senators Kohl and Pelz - 2.

      SUBSTITUTE HOUSE BILL NO. 2463, 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. 2595, by Representatives Robertson and Scott

 

Harmonizing procedures for vehicle impoundment.


      The bill was read the second time.


MOTION


      On motion of Senator Owen, the rules were suspended, House Bill No. 2595 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 House Bill No. 2595.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2595 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.

      HOUSE BILL NO. 2595, 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. 2338, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler, Grant, Sheahan, McMorris, Mastin, Fuhrman, Chandler, Honeyford and Thompson)

 

Prohibiting the department of ecology from regulating ammonia emissions for nonproduction activity related to making or using ammonia as agricultural or silvicultural fertilizer.


      The bill was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 2338 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


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. 2338.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2338 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      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, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Absent: Senator Loveland - 1.

      Excused: Senator Thibaudeau - 1.

      SUBSTITUTE HOUSE BILL NO. 2338, 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. 2140, by House Committee on Government Operations (originally sponsored by Representatives L. Thomas, Chopp and Murray)

 

Revising election laws and procedures for cities and towns.


      The bill was read the second time.


MOTIONS


      On motion of Senator Sheldon, the following Committee on Government Operations amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 35.13.090 and 1973 1st ex.s. c 164 s 8 are each amended to read as follows:

      ((On the Monday next succeeding the annexation election, the county canvassing board shall proceed to canvass the returns thereof and shall submit the statement of canvass to the board of county commissioners.))

      (1) The proposition for or against annexation or for or against annexation and adoption of the comprehensive plan, or for or against creation of a community municipal corporation, or any combination thereof, as the case may be, shall be deemed approved if a majority of the votes cast on that proposition are cast in favor of annexation or in favor of annexation and adoption of the comprehensive plan, or for creation of the community municipal corporation, or any combination thereof, as the case may be.

      (2) If a proposition for or against assumption of all or any portion of indebtedness was submitted to the ((electorate)) registered voters, it shall be deemed approved if a majority of at least three-fifths of the ((electors)) registered voters of the territory proposed to be annexed voting on such proposition vote in favor thereof, and the number of ((persons)) registered voters voting on such proposition constitutes not less than forty percent of the total number of votes cast in such territory at the last preceding general election.

      (3) If either or both propositions were approved by the ((electors)) registered voters, the ((board shall enter a finding to that effect on its minutes, a certified copy of which)) county auditor shall ((be forthwith transmitted to and filed with)) on completion of the canvassing of the returns transmit to the county legislative authority and to the clerk of the city or town to which annexation is proposed a certificate of the election results, together with a certified abstract of the vote showing the whole number who voted at the election, the number of votes cast for annexation and the number cast against annexation or for annexation and adoption of the comprehensive plan and the number cast against annexation and adoption of the comprehensive plan or for creation of a community municipal corporation and the number cast against creation of a community municipal corporation, or any combination thereof, as the case may be((, and)).

      (4) If a proposition for assumption of all or of any portion of indebtedness was submitted to the ((electorate)) registered voters, the abstract shall include the number of votes cast for assumption of indebtedness and the number of votes cast against assumption of indebtedness, together with a statement of the total number of votes cast in such territory at the last preceding general election.

      (5) If the proposition for creation of a community municipal corporation was submitted and approved, the abstract shall include the number of votes cast for the candidates for community council positions and certificates of election shall be issued pursuant to RCW 29.27.100 to the successful candidates who shall assume office ((within ten days after the election)) as soon as qualified.

      Sec. 2. RCW 35.13.100 and 1973 1st ex.s. c 164 s 9 are each amended to read as follows:

      ((Upon filing of the certified copy of the finding of the board of county commissioners, the clerk shall transmit it to the legislative body of the city or town at the next regular meeting or as soon thereafter as practicable.)) If a proposition relating to annexation or annexation and adoption of the comprehensive plan or creation of a community municipal corporation, or both, as the case may be was submitted to the voters and such proposition was approved, the legislative body shall adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan, or adopt an ordinance providing for the annexation and creation of a community municipal corporation, as the case may be. If a proposition for annexation or annexation and adoption of the comprehensive plan or creation of a community municipal corporation, as the case may be, and a proposition for assumption of all or of any portion of indebtedness were both submitted, and were approved, the legislative body shall adopt an ordinance providing for the annexation or annexation and adoption of the comprehensive plan or annexation and creation of a community municipal corporation including the assumption of all or of any portion of indebtedness. If the propositions were submitted and only the annexation or annexation and adoption of the comprehensive plan or annexation and creation of a community municipal corporation proposition was approved, the legislative body may, if it deems it wise or expedient, adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan, or adopt ordinances providing for the annexation and creation of a community municipal corporation, as the case may be.

      Sec. 3. RCW 35.16.050 and 1994 c 273 s 5 are each amended to read as follows:

      A certified copy of the ordinance defining the reduced city or town limits together with a map showing the corporate limits as altered shall be filed in accordance with RCW 29.15.026 and recorded in the office of the county auditor of the county in which the city or town is situated, upon the effective date of the ordinance. The new boundaries of the city or town shall take effect immediately after they are filed and recorded with the county auditor.

      Sec. 4. RCW 35.17.260 and 1965 c 7 s 35.17.260 are each amended to read as follows:

      Ordinances may be initiated by petition of ((electors)) registered voters of the city filed with the commission. If the petition accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last preceding city election, and if it contains a request that, unless passed by the commission, the ordinance be submitted to a vote of the ((people)) registered voters of the city, the commission shall either:

      (1) Pass the proposed ordinance without alteration within twenty days after the ((city clerk's)) county auditor's certificate ((that the number of signatures on the petition are sufficient)) of sufficiency has been received by the commission; or

      (2) Immediately after the ((clerk's)) county auditor's certificate of sufficiency ((is attached to)) for the petition is received, cause to be called a special election to be held ((not less than thirty nor more than sixty)) on the next election date, as provided in RCW 29.13.020, that occurs not less than forty-five days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within ninety days, in which event submission must be made ((thereat)) on the general election ballot.

      Sec. 5. RCW 35.17.270 and 1965 c 7 s 35.17.270 are each amended to read as follows:

      ((Every signer to a petition submitting a proposed ordinance to the commission shall add to his signature his place of residence giving street and number. The signatures need not all be appended to one paper, but one of the signers on each paper must attach thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be and that the statements therein made are true as he believes.)) The petitioner preparing an initiative petition for submission to the commission shall follow the procedures established in section 6 of this act.

      NEW SECTION. Sec. 6. A new section is added to chapter 35.21 RCW to read as follows:

      Wherever in this title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:

      (1) A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable, except that the elements referred to in (d) and (e) of this subsection are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions:

      (a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the applicable state statute or city ordinance, if any;

      (b) If the petition initiates or refers an ordinance, a true copy thereof;

      (c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area;

      (d) Numbered lines for signatures with space provided beside each signature for the name and address of the signer and the date of signing;

      (e) The warning statement prescribed in subsection (2) of this section.

      (2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:


WARNING

 

Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.


      Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the signer and the date of signing.

      (3) The term "signer" means any person who signs his or her own name to the petition.

      (4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three working days after the filing of a petition, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. The officer whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn.

      (5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.

      (6) A variation on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.

      (7) Signatures, including the original, of any person who has signed a petition two or more times shall be stricken.

      (8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken.

      (9) When petitions are required to be signed by the owners of property, the determination shall be made by the county assessor. Where validation of signatures to the petition is required, the following shall apply:

      (a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse;

      (b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse;

      (c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse;

      (d) Any officer of a corporation owning land within the area involved who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign on behalf of such corporation, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority;

      (e) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property.

      (10) The officer who is responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed.

      Sec. 7. RCW 35A.01.040 and 1985 c 281 s 26 are each amended to read as follows:

      Wherever in this title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:

      (1) A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable, except that the elements referred to in ((subdivisions)) (d) and (e) ((hereof)) of this subsection are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions:

      (a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the applicable state statute or city ordinance, if any;

      (b) If the petition initiates or refers an ordinance, a true copy thereof;

      (c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area;

      (d) Numbered lines for signatures with space provided beside each signature for the name and address of the signer and the date of signing ((and the address of the signer));

      (e) The warning statement prescribed in subsection (2) of this section.

      (2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:


WARNING

 

Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.


      Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the signer and the date of signing ((and the address of the signer)).

      (3) The term "signer" means any person who signs his or her own name to the petition.

      (4) To be sufficient a petition must contain valid signatures of qualified ((electors)) registered voters or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three working days after the filing of a petition, the officer ((or officers)) with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. The officer whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn.

      (5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.

      (6) A variation on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.

      (7) Signatures, including the original, of any person who has signed a petition two or more times shall be stricken.

      (8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken.

      (9) When petitions are required to be signed by the owners of property, the determination shall be made by the county assessor. Where validation of signatures to the petition is required, the following shall apply:

      (a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse;

      (b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse;

      (c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse;

      (d) Any officer of a corporation owning land within the area involved who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign on behalf of such corporation, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority;

      (e) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property.

      (10) The officer who is responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed.

      Sec. 8. RCW 35A.29.170 and 1967 ex.s. c 119 s 35A.29.170 are each amended to read as follows:

      Initiative and referendum petitions authorized to be filed under provisions of this title, or authorized by charter, or authorized for code cities having the commission form of government as provided by chapter 35.17 RCW, shall be in substantial compliance with the provisions of RCW 35A.01.040 as to form and content of the petition, insofar as such provisions are applicable; shall contain a true copy of a resolution or ordinance sought to be referred to the voters; and must contain valid signatures of ((qualified electors)) registered voters of the code city in the number required by the applicable provision of this title. Except when otherwise provided by statute, referendum petitions must be filed with the clerk of the legislative body of the code city within ninety days after the passage of the resolution or ordinance sought to be referred to the voters, or within such lesser number of days as may be authorized by statute or charter in order to precede the effective date of an ordinance: PROVIDED, That nothing herein shall be construed to abrogate or affect an exemption from initiative and/or referendum provided by a code city charter. The clerk shall transmit the petition to the county auditor who shall determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040. When a referendum petition is filed with the clerk, the legislative action sought to be referred to the voters shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency or untimeliness of the referendum petition; or (2) the legislative action so referred is approved by the voters at a referendum election.

      NEW SECTION. Sec. 9. RCW 35.16.020 and 1994 c 273 s 2, 1985 c 469 s 19, & 1965 c 7 s 35.16.020 are each repealed."

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

      On page 1, line 1 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 35.13.090, 35.13.100, 35.16.050, 35.17.260, 35.17.270, 35A.01.040, and 35A.29.170; adding a new section to chapter 35.21 RCW; and repealing RCW 35.16.020."


MOTION


      On motion of Senator Sheldon, the rules were suspended, Substitute House Bill No. 2140, 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. 2140, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2140, 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, 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, Wood and Zarelli - 48.

      Absent: Senator Schow - 1.

      SUBSTITUTE HOUSE BILL NO. 2140, 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


      HOUSE JOINT MEMORIAL NO. 4043, by Representatives Pennington, Basich, Fuhrman, Hatfield, Regala, Johnson, Robertson, Jacobsen, Hankins, Morris, Buck, Beeksma, Smith, Pelesky, Hargrove, Schoesler, Foreman, Hickel, Mitchell, Silver, Blanton, Ballasiotes, Carrell, Mulliken, Radcliff, Skinner, Hymes, Goldsmith, McMahan, Linville, D. Sommers, Conway, Scheuerman, Keiser, McMorris and Stevens

 

Petitioning Congress to restore Mitchell Act funding.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Snyder, the rules were suspended, House Joint Memorial No. 4043 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4043.


ROLL CALL


      The Secretary called the roll on the final passage of House Joint Memorial No. 4043 and the joint memorial 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.

      HOUSE JOINT MEMORIAL NO. 4043, having received the constitutional majority, was declared passed.


      There being no objection, the Senate resumed consideration of House Bill No. 2457 and the pending Committee on Government Operations striking amendment, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Spanel, the President finds that House Bill No. 2457 is a measure which freezes property tax valuations for senior citizens and persons retired due to disability who are eligible for the property tax exemption program.

      "The Committee on Government Operations amendment would alter the criteria for determining true and fair value of real property for taxation purposes.

      "The President, therefore, finds that the proposed committee amendment does change the scope and object of the bill and the point of order is well taken."


      The Committee on Government Operations striking amendment to House Bill No. 2457 was ruled out of order.


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2457 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Sheldon, Senator Rinehart was excused.

      On motion of Senator Thibaudeau, Senator Drew was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2457.


ROLL CALL



      The Secretary called the roll on the final passage of House Bill No. 2457 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, 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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

      Excused: Senators Drew and Rinehart - 2.

      HOUSE BILL NO. 2457, 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 Sheldon, Senator Thibaudeau was excused.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2133, by Representatives Chandler, Chappell, Mastin, Schoesler, Grant, Regala, Honeyford, Johnson and Boldt (by request of Department of Agriculture)

 

Disclosing agriculture business records.


      The bill was read the second time.


MOTION


      On motion of Senator Rasmussen, the rules were suspended, Engrossed House Bill No. 2133 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 House Bill No. 2133.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2133 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, 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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46.

      Excused: Senators Drew, Rinehart and Thibaudeau - 3.

      ENGROSSED HOUSE BILL NO. 2133, 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. 2132, by Representatives Chandler, Chappell, Grant, Mastin, Regala and Johnson (by request of Department of Agriculture)

 

Rule making by the department of agriculture.


      The bill was read the second time.


MOTIONS


      On motion of Senator Rasmussen, the following Committee on Agriculture, Agricultural Trade and Development amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 15.17.020 and 1963 c 122 s 2 are each amended to read as follows:

      For the purpose of this chapter:

      (1) "Department" means the department of agriculture of the state of Washington.

      (2) "Director" means the director of the department or his duly authorized representative.

      (3) "Person" means a natural person, individual, or firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. This term shall import either the singular or plural, as the case may be.

      (4) "Horticultural plant or product" includes, but is not limited to, any horticultural, floricultural, viticultural, and olericultural plant, growing or otherwise, and their products whether grown above or below the ground's surface.

      (5) "Horticultural facilities" means, but is not limited to, the premises where horticultural plants and products are grown, stored, handled, or delivered for sale or transportation, records required by rule under this chapter, and all vehicles and equipment, whether aerial or surface, used to transport such horticultural plants or products.

      (6) "Deceptive pack" means the pack of any container which has in the outer layer or any exposed surface, horticultural plants or products which are in quality, size, condition, or any other respect so superior to those in the interior of the container in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive when the outer or exposed surface is composed of horticultural plants or products whose size is not an accurate representation of the variation of the size of such horticultural plants or products in the entire container, even though such horticultural plants or products in the container are virtually uniform in size or comply with the specific horticultural plant or product for which the director in prescribing standards for grading and classifying has prescribed size variations or if such size variations are prescribed by law.

      (7) "Deceptive arrangement or display" of any horticultural plants or products, means any bulk lot or load, arrangement or display of such horticultural plants or products which has in the exposed surface, horticultural plants or products which are so superior in quality, size, condition, or any other respect to those which are concealed, or the unexposed portion, as to materially misrepresent any part of such bulk lot or load, arrangement, or display.

      (8) "Mislabel" means the placing or presence of any false or misleading statement, design, or device upon any container, or upon the label or lining of any such container, or upon the wrapper of any horticultural plants or products, or upon any such horticultural plants or products, or any placard used in connection therewith and having reference to such horticultural plants or products. A statement, design, or device is false or misleading when the horticultural plant or product or container to which it refers does not conform to such statement.

      (9) "Container" means any container, subcontainer used within a container, or any type of a container used to prepackage any horticultural plants or products: PROVIDED, That this does not include containers used by a retailer to package such horticultural plants or products sold from a bulk display to a consumer.

      (10) "Agent" means broker, commission merchant, auctioneer, solicitor, seller, or consignor, and any other person acting upon the actual or implied authority of another.

      (11) "Inspection and certification" means, but is not limited to, the inspection of any horticultural plant or product at any time prior to, during, or subsequent to harvest, by the director, and the issuance by him of a written permit to move or sell or a written certificate stating the grade, classification, and if such horticultural plants or products are free of plant pests and/or other defects.

      (12) "Plant pests" means, but is not limited to, any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage in any plant or parts thereof, or any processed, manufactured, or other products of plants.

      NEW SECTION. Sec. 2. A new section is added to chapter 15.17 RCW to read as follows:

      The director shall, by rule, establish either grades or classifications, or both, for American ginseng (Panax quinquefolius L.). In establishing grades or classifications, the director shall take into account the factors of place of origin, whether the ginseng is wild or cultivated, weight, and date of harvest.

      The director shall, by rule, require the registration of ginseng dealers who purchase and/or sell American ginseng for the purpose of foreign export. After determining that an applicant or registered ginseng dealer has violated this chapter and complying with the notice and hearing requirements and all other provisions of chapter 34.05 RCW concerning adjudicative proceedings, the director may deny, suspend, or revoke any dealer registration or application for registration issued under this chapter.

      The director shall adopt rules requiring that records be maintained by dealers who purchase or sell American ginseng for the purpose of foreign export.

      The director may adopt any other rules necessary to comply with the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, (27 U.S.T. 108); the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.); and 50 C.F.R., Part 23 (1995), as they existed on the effective date of this act, or such subsequent date as may be provided by rule, consistent with the purposes of this section.

      It is unlawful for a person to sell, offer for sale, hold for sale, or ship or transport American ginseng for foreign export in violation of this chapter or rules adopted under this chapter.

      The department shall not disclose information obtained under this section regarding the purchases, sales, or production of an individual American ginseng dealer, except for providing reports to the United States fish and wildlife service. This information is exempt from public disclosure required by chapter 42.17 RCW.

      Sec. 3. RCW 15.36.021 and 1994 c 143 s 103 are each amended to read as follows:

      The director of agriculture ((may)) is authorized to:

      (1) Adopt rules necessary to carry out the purposes of chapters 15.36 and 15.38 RCW, which includes rules governing the farm storage tank and bulk milk tanker requirements, however the rules may not restrict the display or promotion of products covered under this section.

      (2) By rule, establish, amend, or both, definitions and standards for milk and milk products. Such definitions and standards established by the director shall conform, insofar as practicable, with the definitions and standards for milk and milk products adopted by the federal food and drug administration. The director of agriculture, by rule, may likewise establish, amend, or both, definitions and standards for products whether fluid, powdered or frozen, compounded or manufactured to resemble or in semblance or imitation of genuine dairy products as defined under the provisions of this chapter. Such products made to resemble or in semblance or imitation of genuine dairy products shall conform with all the provisions of chapter 15.38 RCW and be made wholly of nondairy products.

      All such products compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product shall set forth on the container or labels the specific generic name of each ingredient used.

      In the event any product compounded or manufactured to resemble or in semblance or imitation of a genuine dairy product contains vegetable fat or oil, the generic name of such fat or oil shall be set forth on the label. If a blend or variety of oils is used, the ingredient statement shall contain the term "vegetable oil" in the appropriate place in the ingredient statement, with the qualifying phrase following the ingredient statement, such as "vegetable oils are soybean, cottonseed and coconut oils" or "vegetable oil, may be cottonseed, coconut or soybean oil."

      The labels or containers of such products compounded or manufactured to resemble or in semblance or imitation of genuine dairy products shall not use dairy terms or words or designs commonly associated with dairying or genuine dairy products, except as to the extent that such words or terms are necessary to meet legal requirements for labeling. The term "nondairy" may be used as an informative statement.

      (3) By rule adopt the PMO, DMO, and supplemental documents by reference to establish requirements for grade A pasteurized and grade A raw milk.

      (4) Adopt rules establishing standards for grade A pasteurized and grade A raw milk that are more stringent than the PMO based upon current industry or public health information for the enforcement of this chapter whenever he or she determines that any such rules are necessary to carry out the purposes of this section and RCW 15.36.481. The adoption of rules under this chapter, or the holding of a hearing in regard to a license issued or that may be issued under this chapter are subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act.

      (5) By rule, certify an officially designated laboratory to analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.

      Sec. 4. RCW 15.58.040 and 1991 c 264 s 2 are each amended to read as follows:

      (1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for the adoption of permanent rules.

      (2) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

      (a) Declaring as a pest any form of plant or animal life or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;

      (b) Determining that certain pesticides are highly toxic to people. For the purpose of this chapter, highly toxic pesticide means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 162.10 for toxicity category I due to oral inhalation or dermal toxicity. The director shall publish a list of all pesticides, determined to be highly toxic, by their common or generic name and their trade or brand name if practical. Such list shall be kept current and shall, upon request, be made available to any interested party;

      (c) Determining standards for denaturing pesticides by color, taste, odor, or form;

      (d) The collection and examination of samples of pesticides or devices;

      (e) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;

      (f) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, misuse, or any other hazard to the public. The director shall be guided by federal regulations concerning pesticide containers;

      (g) Procedures in making of pesticide recommendations;

      (h) Adopting a list of restricted use pesticides for the state or for designated areas within the state if the director determines that such pesticides may require rules restricting or prohibiting their distribution or use. The director may include in the rule the time and conditions of distribution or use of such restricted use pesticides and may, if it is found necessary to carry out the purpose and provisions of this chapter, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations. The director may require all persons issued such permits to maintain records as to the use of all the restricted use pesticides;

      (i) Label requirements of all pesticides required to be registered under provisions of this chapter;

      (j) Regulating the labeling of devices; ((and))

      (k) The establishment of criteria governing the conduct of a structural pest control inspection; and

      (l) Declaring crops, when grown to produce seed specifically for crop reproduction purposes, to be nonfood and/or nonfeed sites of pesticide application. The director may include in the rule any restrictions or conditions regarding: (i) The application of pesticides to the designated crops; and (ii) the disposition of any portion of the treated crop.

      (3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United States environmental protection agency or any other federal agency.

      Sec. 5. RCW 16.70.040 and 1971 c 72 s 4 are each amended to read as follows:

      (1) The secretary, with the advice and concurrence of the director of the department of agriculture, shall be authorized to develop rules ((and regulations)) for proposed adoption by the board relating to the importation, movement, sale, transfer, or possession of pet animals as defined ((herein)) in RCW 16.70.020 which are reasonably necessary for the protection and welfare of the people of this state.

      (2) The director of the department of agriculture shall also be authorized to adopt rules to allow administration of permits for those pet animals under subsection (1) of this section by the state veterinarian.

      NEW SECTION. Sec. 6. A new section is added to chapter 42.17 RCW to read as follows:

      Except under section 3 of this act, information obtained regarding the purchases, sales, or production of an individual American ginseng dealer is exempt from disclosure under this chapter."

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

      On page 1, line 2 of the title, after "authority;" strike the remainder of the title and insert "amending RCW 15.17.020, 15.36.021, 15.58.040, and 16.70.040; adding a new section to chapter 15.17 RCW; and adding a new section to chapter 42.17 RCW."


MOTION


      On motion of Senator Rasmussen, the rules were suspended, Engrossed House Bill No. 2132, 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 House Bill No. 2132, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2132, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; 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, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47.

      Absent: Senators Moyer and Wojahn - 2.

      ENGROSSED HOUSE BILL NO. 2132, 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.


      There being no objection, the President advanced the Senate to the seventh order of business.

      There being no objection, the Senate resumed consideration of Engrossed House Bill No. 2672, deferred on third reading earlier today.


MOTIONS


      On motion of Senator Pelz, the rules were suspended, Engrossed House Bill No. 2672 was returned to second reading and read the second time.

      Senator Pelz moved that the following amendments by Senators Deccio and Pelz be considered simultaneously and be adopted:

      On page 1, line 5, strike all of section one.

      On page 2, line 11, after "purposes." strike everything through "tribe, a" on line 12, and insert "A"

      On page 2, line 13, after "of" strike "those"

      Renumber the sections consecutively and correct any internal references accordingly

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Deccio and Pelz on page 1, line 5 and page 2, lines 11 and 13, to Engrossed House Bill No. 2672, under suspension of the rules.

      The motion by Senator Pelz carried and the amendments were adopted.


MOTIONS


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

      On page 1, line 3 of the title, after "RCW;" strike "creating a new section;"


      On motion of Senator Pelz, the rules were suspended, Engrossed House Bill No. 2672, as amended by the Senate under suspension of the rules, 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 House Bill No. 2672, as amended by the Senate under suspension of the rules.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2672, as amended by the Senate under suspension of the rules, 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.

      ENGROSSED HOUSE BILL NO. 2672, as amended by the Senate under suspension of the rules, 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 Thibaudeau, Senators Bauer and Quigley were excused.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2613, by Representatives Sterk, Crouse, Carrell, Brumsickle, McMahan, Boldt, Honeyford, D. Sommers, Clements, Sherstad, Koster, Fuhrman, Sheahan, Huff, Mulliken and Thompson

 

Enhancing school disciplinary measures.


      The bill was read the second time.


MOTIONS


      On motion of Senator McAuliffe, the following Committee on Education amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28A.225.225 and 1995 c 52 s 3 are each amended to read as follows:

      (1) All districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications ((by June 30, 1990)). The policy may include rejection of nonresident students if acceptance of these students would result in the district experiencing a financial hardship, or if the nonresident student's disciplinary record indicates a history of behavior that has been disruptive to the educational process.

      (2) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).

      Sec. 2. RCW 28A.305.160 and 1975-'76 2nd ex.s. c 97 s 1 are each amended to read as follows:

      (1) The state board of education shall adopt and distribute to all school districts lawful and reasonable rules ((and regulations)) prescribing the substantive and procedural due process guarantees of pupils in the common schools. Such rules ((and regulations)) shall authorize a school district to use informal due process procedures in connection with the short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the state board deems the interest of students to be adequately protected. When a student suspension or expulsion is appealed, the rules shall authorize a school district to impose the suspension or expulsion temporarily after an initial hearing for no more than ten consecutive school days or until the appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student suspension or expulsion and shall not limit or extend the term of the student suspension or expulsion.

      (2) Short-term suspension procedures may be used for suspensions of students up to and including, ten consecutive school days.

      Sec. 3. RCW 28A.635.090 and 1990 c 33 s 540 are each amended to read as follows:

      It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, teacher, classified employee, person under contract with the school or school district, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies. Any such interference by force or violence committed by a student shall be grounds for immediate suspension or expulsion of the student."

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

      On page 1, line 1 of the title, after "discipline;" strike the remainder of the title and insert "and amending RCW 28A.225.225, 28A.305.160, and 28A.635.090."


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Engrossed House Bill No. 2613, 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 House Bill No. 2613, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2613, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

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

      Absent: Senators Owen and Rinehart - 2.

      Excused: Senators Bauer and Quigley - 2.

      ENGROSSED HOUSE BILL NO. 2613, 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. 2720, by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Schoesler, Sheahan, Fuhrman, Foreman, Mastin, D. Sommers, Sterk, Crouse, Campbell, L. Thomas, Silver, Morris, Cooke, Mulliken, Blanton, McMorris, Thompson and Elliot)

 

Allowing consortiums of counties to acquire correctional facilities.


      The bill was read the second time.


MOTIONS


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

      On page 2, line 26, after "property" insert "and improvements thereon"

      On page 2, line 30, after "value" strike "or" and insert "and"


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

      On page 2, line 31, after "value," insert "during the initial term of the lease,"

      On page 2, after line 32, insert the following:

      "The initial term of a lease governed by subsection (1) of this section shall not exceed twenty years. A lease renewed under subsection (1) of this section after the initial term shall charge the fair rental value for the land and facilities, and may include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. For the purposes of this subsection, fair rental value shall be determined by the commissioner of public lands in consultation with the department.

      (3) The net proceeds generated from any lease entered or renewed under subsection (1) of this section involving land and facilities on the grounds of eastern state hospital shall be used solely for the benefit of eastern state hospital programs for the long-term care needs of patients with mental disorders. These proceeds shall not supplant or replace funding from traditional sources for the normal operations and maintenance or capital budget projects. It is the intent of this subsection to ensure that eastern state hospital receives the full benefit intended by this section, and that such effect will not be diminished by budget adjustments inconsistent with this intent."


MOTION


      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2720, 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 Thibaudeau, Senator Kohl was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2720, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2720, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

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

      Voting nay: Senator Oke - 1.

      Absent: Senator McAuliffe - 1.

      Excused: Senators Bauer and Kohl - 2.

      SUBSTITUTE HOUSE BILL NO. 2720, 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 SUBSTITUTE HOUSE BILL NO. 2828, by House Committee on Appropriations (originally sponsored by Representative Crouse)

 

Regulating wireless telephone services.


      The bill was read the second time.


MOTIONS


      On motion of Senator Sutherland, the following Committee on Energy, Telecommunications and Utilities amendment was adopted:

      On page 1, after line 6, insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that concerns have been raised over possible health effects from exposure to some wireless telecommunications facilities, and that exposures from these facilities should be kept as low as reasonably achievable while still allowing the operation of these networks. The legislature further finds that the department of health should serve as the state agency that follows the issues and compiles information pertaining to potential health effects from wireless telecommunications facilities."

      Renumber the sections consecutively and correct any internal references accordingly

      On motion of Senator Sutherland, the following Committee on Energy, Telecommunications and Utilities amendments were considered simultaneously and were adopted:

      On page 3, line 25, after "exempt" strike all material through "(b) the" on line 28 and insert "personal wireless services equipment shelters, or the room or enclosure housing equipment for personal wireless service facilities, that meet the following conditions: (a) The"

      On page 3, line 29, strike "(c)" and insert "(b)"


MOTIONS


      On motion of Senator Sutherland, the following Committee on Energy, Telecommunications and Utilities amendment was adopted:

      On page 4, after line 7, insert the following:

      "NEW SECTION. Sec. 6. A new section is added to chapter 43.70 RCW to read as follows:

      Unless this section is preempted by applicable federal statutes, the department may require that in residential zones or areas, all providers of personal wireless services, as defined in section 1 of this act, provide random test results on power density analysis for the provider's licensed frequencies showing radio frequency levels before and after development of the personal wireless service antenna facilities, following national standards or protocols of the federal communications commission or other federal agencies. This section shall not apply to microcells as defined in section 1 of this act. The department may adopt rules to implement this section."

      Renumber the sections consecutively and correct any internal references accordingly


      Senator Sutherland moved that the following Committee on Energy, Telecommunications and Utilities amendment be adopted:

      On page 4, after line 7, insert the following:

      "NEW SECTION. Sec. 6. The sum of 49,500 dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the state general fund to the department of health for the purposes of section 5 of this act."

      Renumber the sections consecutively and correct any internal references accordingly

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Energy, Telecommunications and Utilities amendment on page 4, after line 7, to Engrossed Substitute House Bill No. 2828.

      The motion by Senator Sutherland carried and the committee amendment was adopted.


MOTIONS


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

      On page 1, line 4, strike "and adding a new section to chapter 43.70 RCW" and insert: "adding a new section to chapter 43.70 RCW; and creating a new section"

      On page 1, line 4 of the title, strike "and adding a new section to chapter 43.70 RCW" and insert "adding a new section to chapter 43.70 RCW; and making an appropriation"

      On page 1, line 4, strike "a new section" and insert "new sections"

      On motion of Senator Sutherland, the rules were suspended, Engrossed Substitute House Bill No. 2828, 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. 2828, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2828, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Franklin, Hale, Hargrove, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 39.

      Voting nay: Senators Drew, Fairley, Fraser, Goings, Haugen, Heavey, Kohl, Pelz, Quigley and Thibaudeau - 10.

      SUBSTITUTE HOUSE BILL NO. 2828, 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


      HOUSE BILL NO. 1339, by Representatives Ballasiotes, Morris, Costa, Carlson and Conway

 

Revising provisions relating to juvenile probation and detention services.


      The bill was read the second time.


MOTIONS


      Senator Hargrove moved that the following Committee on Human Services and Corrections amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 13.04.035 and 1991 c 363 s 10 are each amended to read as follows:

      Juvenile court((, probation counselor, and detention services)) shall be administered by the superior court, except that by local court rule and agreement with the legislative authority of the county ((they)) this service may be administered by the legislative authority of the county ((in the manner prescribed by RCW 13.20.060: PROVIDED, That)). Juvenile probation counselor and detention services shall be administered by the superior court, except that (1) by local court rule and agreement with the county legislative authority, these services may be administered by the county legislative authority; (2) if a consortium of three or more counties, located east of the Cascade mountains and whose combined population exceeds five hundred thirty thousand, jointly operates a juvenile correctional facility, the county legislative authorities may prescribe for alternative administration of these services by ordinance; and (3) in any county with a population of one million or more, ((such)) probation and detention services shall be administered in accordance with chapter 13.20 RCW. The administrative body shall appoint an administrator of juvenile court, probation counselor, and detention services who shall be responsible for day-to-day administration of such services, and who may also serve in the capacity of a probation counselor. One person may, pursuant to the agreement of more than one administrative body, serve as administrator of more than one juvenile court."

      Senator Hargrove moved that the following amendment by Senators Hargrove, Moyer and Thibaudeau to the Committee on Human Services and Corrections striking amendment be adopted:

      On page 1, at the beginning of line 22, strike "these services" and insert "the juvenile correctional facility"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Moyer and Thibaudeau on page 1, at the beginning of line 22, to the Committee on Human Services and Corrections striking amendment to House Bill No. 1339.

      The motion by Senator Hargrove carried and the amendment to the committee striking amendment was adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment, as amended, to House Bill No. 1339.

      The committee striking amendment, as amended, was adopted.


MOTIONS


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

      On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "and amending RCW 13.04.035."

      On motion of Senator Hargrove, the rules were suspended, House Bill No. 1339, 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 House Bill No. 1339, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1339, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; 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, Wood and Zarelli - 48.

      Voting nay: Senator Wojahn - 1.

      HOUSE BILL NO. 1339. 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



      HOUSE BILL NO. 2791, by Representatives Lambert, Costa, Sterk, Campbell and Smith

 

Clarifying assault in the third degree to include county fire marshal's office.


      The bill was read the second time.


MOTION