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THIRTY SIXTH DAY
MORNING SESSION
House Chamber, Olympia, Monday, February 16, 1998
The House was called to order at 9:00 a.m. by the Speaker (Representative Pennington presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by the Washington State Patrol Honor Guard. Prayer was offered by Pastor Cecil Thompson, Summit Lake Community Church, Olympia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES
February 13, 1998
Mr. Speaker:
The Senate has passed:
ENGROSSED SENATE BILL NO. 6257,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6475,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
February 14, 1998
Mr. Speaker:
The Senate has passed:
SENATE JOINT MEMORIAL NO. 8017,
SENATE JOINT MEMORIAL NO. 8019,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
February 14, 1998
Mr. Speaker:
The Senate has passed:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5424,
SUBSTITUTE SENATE BILL NO. 5431,
SECOND SUBSTITUTE SENATE BILL NO. 6214,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6216,
SUBSTITUTE SENATE BILL NO. 6545,
SUBSTITUTE SENATE BILL NO. 6575,
SUBSTITUTE SENATE BILL NO. 6598,
SUBSTITUTE SENATE BILL NO. 6602,
SUBSTITUTE SENATE BILL NO. 6603,
SUBSTITUTE SENATE BILL NO. 6605,
SUBSTITUTE SENATE BILL NO. 6651,
SUBSTITUTE SENATE BILL NO. 6655,
SUBSTITUTE SENATE BILL NO. 6667,
SUBSTITUTE SENATE BILL NO. 6669,
SUBSTITUTE SENATE BILL NO. 6701,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
RESOLUTIONS
HOUSE RESOLUTION NO. 98-4698, by Representatives Backlund, McDonald and L. Thomas
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, Abraham Lincoln, the sixteenth President of the United States of America, demonstrated the highest level of excellence and sacrifice in service to this nation; and
WHEREAS, Abraham Lincoln was born into poverty as the son of a Kentucky frontiersman, was raised in a log cabin, cleared land and split rails to earn a living as a young man, and although he eventually attained great stature in public life, he never forgot the values he shared with the common people; and
WHEREAS, Abraham Lincoln, in his efforts to obtain an education, often studied by candlelight late into the night, exemplifying perseverance and acumen in scholastic and professional endeavors, illustrated by the fact that he educated himself in the profession of law, and, following an apprenticeship, earned a well-deserved reputation as a skilled, talented, and respected member of the bar, and became the only United States President to hold a patent; and
WHEREAS, As Judge David Davis, a life-long family friend of President Lincoln, commenting on Abraham Lincoln's perseverance and professional endeavors, stated, "From the humblest poverty, without education, or the means of attaining it, unaided by wealth or influential family connections, he rose, solely, by the strength of his intellect and the force of his character, to the highest position in the world"; and
WHEREAS, Only one week after Abraham Lincoln's presidential inauguration, the southern states formed the Confederacy and within a month the Civil War began, tearing the fabric of the Union and pitting brother against brother and family against family; and
WHEREAS, Abraham Lincoln thus faced a task greater than any that had ever rested upon the nation; and
WHEREAS, President Lincoln stated, "Without the assistance of that Divine Being, I cannot succeed. With that assistance, I cannot fail. Trusting in Him who can go with me, and remain with you, and be everywhere for good, let us confidently hope that all will yet be well"; and
WHEREAS, Abraham Lincoln continued, throughout the conflict, to hold fast to the principles which he articulated in his second inaugural address, "With malice towards none, with charity for all, with firmness in the right, as God gives us to see the right," and, through adherence to these principles, helped bind the nation together and heal its wounds; and
WHEREAS, Abraham Lincoln continues to be known and admired for his eloquent and accomplished oratory, and for his ability to articulate the foundational principles of liberty and justice, as exemplified in his debate with Stephen A. Douglas, in which Lincoln voiced opposition to slavery, as he did in the Gettysburg Address; and
WHEREAS, Abraham Lincoln believed the republican form of government established by the founding fathers to be the best means of ensuring freedom, and became the father of the Republican Party, dedicated to maintaining the principles of constitutional representation under the rule of law; and
WHEREAS, Abraham Lincoln unselfishly gave of himself throughout his long and distinguished career of public service, which included judicial service in the eighth circuit, service in the Illinois State Legislature, service in the United States Congress, and service as President of the United States of America; and
WHEREAS, Abraham Lincoln courageously issued the Emancipation Proclamation on January 1, 1863, which declared "all persons held as slaves within any State or designated part of a State, henceforward, shall be forever free"; and
WHEREAS, Abraham Lincoln, while President of the United States, issued a proclamation declaring a national day of prayer, recognizing, "It is the duty of nations as well as of men to own their dependence upon the overruling power of God, and to confess their sins and transgressions in humble sorrow, yet with assured hope that genuine repentance will lead to mercy and pardon, and to recognize the sublime truth, announced in Holy Scripture, and proven by all history, that those nations only are blessed whose God is the Lord"; and
WHEREAS, Abraham Lincoln suffered an untimely death at the hands of an assassin, just five days after bringing the Civil War to an end in April 1865; and
WHEREAS, The American people continue to be instilled with hope that the difficulties faced by our nation can be overcome, as we remember the words of Abraham Lincoln, "That this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth";
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor the sixteenth President of the United States, Abraham Lincoln.
Representative Backlund moved adoption of the resolution.
Representative Backlund spoke in favor of the adoption of the resolution.
House Resolution No. 4698 was adopted.
HOUSE RESOLUTION NO. 98-4701, by Representatives Mason, Poulsen, Dickerson, Costa, Eickmeyer, Quall, Scott, Hatfield, Cooper, Conway and McDonald
WHEREAS, February marks the annual observance of Black History Month to celebrate the significant contributions of Americans of African ancestry in the making of our great nation; and
WHEREAS, It is to the benefit of all Americans to honor those who have come before us; and
WHEREAS, Carter G. Woodson, the father of Black History Month, through his research left us with a written record of the presence of millions of Americans whose ancestors have been on the continent of North America since before the Mayflower; and
WHEREAS, Carter G. Woodson founded this month so that Americans of African ancestry could be honored for the many accomplishments which would otherwise go unnoticed in the mainstream textbooks and historical celebrations of United States history; and
WHEREAS, Most Americans of African descent were brought to America in chains to suffer the sustained insults of chattel slavery and human bondage for a recorded history of more than three hundred fifty years; and
WHEREAS, African-Americans have attained success in all fields of human endeavor, as evidenced by the contributions of Frederick Douglas, who taught himself to read and write, and became a great orator and abolitionist; Ida B. Wells, who never lost sight of her mission to eliminate the lynching of men, women, and children in America; and of course our modern day heroes and role models such as Michael Jordan, who has become the icon for determination and focused excellence; and
WHEREAS, From academia to athletics, from education to politics, from space exploration to the armed forces, and in all fields of endeavor and contributions our fellow African-Americans, though written out of history, have been good Americans; and
WHEREAS, African-Americans continue to contribute widely to the attainment of peace, equality, and justice and all Americans deserve to know of all the great moments and eras of the thirty million African-Americans who live among us; and
WHEREAS, Americans of African descent continue to contribute to the social and economic history of Washington, as evidenced by the contributions of Ruth Massinga, of the Casey Family Program; Mack Hogans, Effenus Henderson, and Rodney Proctor of the Weyerhaeuser Corporation; Oscar Eason, National President of Blacks In Government; and Dr. William Bradford of the University of Washington; and
WHEREAS, History is made in the present and recorded in the future to reflect the past, African-American History Month recognizes the young people who are making history today and we applaud their bravery and courage; Dr. Lee Jones Jr., the youngest person to ever hold the position of Associate Dean at Florida State University; Quinton Morris, who at seventeen survived cancer and has been accepted into the University of Paris to continue his studies in classical violin; and Eugene Jenkins, Jr. and family who after serving in the Desert Storm/Desert Shield Operation was honorably discharged;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognizes February as African-American History Month in recognition of Americans of African descent who have contributed to America, a nation in which we take great pride.
Representative Mason moved adoption of the resolution.
Representative Mason spoke in favor of the adoption of the resolution.
House Resolution No. 4701 was adopted.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2578, by Representatives McMorris and Wood
Modifying the composition of the electrical board.
The bill was read the second time. There being no objection, Substitute House Bill No. 2578 was substituted for House Bill No. 2578 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2578 was read the second time.
Representative McMorris moved the adoption of amendment (962):
On page 3, line 8, after "shall" strike "((serve as secretary of)) provide staff assistance to" and insert "serve as secretary of"
Representatives McMorris and Wood spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative McMorris spoke in favor of passage of the bill.
Representative Wood spoke against passage of the bill.
MOTIONS
On motion of Representative Kessler, Representatives Poulsen and Veloria were excused. On motion of Representative Wensman, Representatives Sherstad and Sehlin were excused.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2578.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2578 and the bill passed the House by the following vote: Yeas - 56, Nays - 38, Absent - 0, Excused - 4.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Doumit, Dyer, Eickmeyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Lambert, Lantz, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Wensman, Zellinsky and Mr. Speaker - 56.
Voting nay: Representatives Anderson, Appelwick, Butler, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Dunn, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Koster, Linville, Mason, Morris, Murray, O'Brien, Ogden, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Van Luven, Wolfe and Wood - 38.
Excused: Representatives Poulsen, Sehlin, Sherstad and Veloria - 4.
Engrossed Substitute House Bill No. 2578, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2716, by Representatives D. Schmidt, D. Sommers, L. Thomas, Smith, Wensman, Schoesler, Mulliken, Carrell and Thompson
Prohibiting political ads on public employee bulletin boards.
The bill was read the second time. There being no objection, Substitute House Bill No. 2716 was substituted for House Bill No. 2716 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2716 was read the second time.
Representative D. Schmidt moved the adoption of amendment (950):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 42.17 RCW to read as follows:
The prohibition under RCW 42.17.130 applies to the use of public facilities to display or post materials that contain statements or articles supporting or opposing a campaign to elect a person to public office or to promote or oppose a public ballot proposition."
Representative D. Schmidt spoke in favor of the adoption of the amendment.
Representative Dunshee spoke against the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives D. Schmidt, DeBolt, Smith and Lisk spoke in favor of passage of the bill.
Representatives Doumit, Dickerson and Conway spoke against passage of the bill.
Representatives Lisk (again), Lambert, Carroll, Mastin and D. Schmidt (again) spoke in favor of the passage of the bill.
Representatives Gardner, Dunshee, Cooper, Keiser, Eickmeyer and Cody spoke against the passage of the bill.
There being no objection, the House deferred consideration of Engrossed Substitute House Bill No. 2716 and the bill held it's place on the second reading calendar.
HOUSE BILL NO. 2887, by Representatives Chandler, Honeyford and Schoesler
Identifying livestock.
The bill was read the second time. There being no objection, Substitute House Bill No. 2887 was substituted for House Bill No. 2887 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2887 was read the second time.
Representative Chandler moved the adoption of striking amendment (960):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 16.57.010 and 1996 c 105 s 1 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 a duly appointed representative.
(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry and rabbits.
(5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the ((director)) board to be used in conjunction with a brand or by itself.
(6) "Production record brand" means a number brand which shall be used for production identification purposes only.
(7) "((Brand)) Livestock inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.
(8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the ((director)) board.
(9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.
(10) "Poultry" means chickens, turkeys, ratites, and other domesticated fowl.
(11) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.
(12) "Ratite farming" means breeding, raising, and rearing of an ostrich, emu, or rhea in captivity or an enclosure.
(13) "Microchipping" means the implantation of an identification microchip or similar electronic identification device to establish the identity of an individual animal:
(a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b) In the nuchal ligament of a horse unless otherwise specified by rule of the ((director)) board; and
(c) In locations of other livestock species as specified by rule of the ((director)) board when requested by an association of producers of that species of livestock.
(14) "Livestock identification board" or "board" means the body of five members appointed by the governor that includes one beef producer, one cattle feeder, one dairy producer, one livestock market owner, and one horse producer.
Sec. 2. RCW 16.57.015 and 1993 c 354 s 10 are each amended to read as follows:
(1) ((The director shall establish a livestock identification advisory board. The board shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. In making appointments, the director shall solicit nominations from organizations representing these groups state-wide.
(2) The purpose of the board is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding brand inspection fees and related licensing fees. The director shall consult the board before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090. If the director publishes in the state register a proposed rule to be adopted under the authority of this chapter or a proposed rule setting a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has not received the approval of the advisory board, the director shall file with the board a written statement setting forth the director's reasons for proposing the rule without the board's approval.
(3) The members of the advisory board serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the board to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.)) There is established a Washington state livestock identification board. The board is composed of the director and five members appointed by the governor as follows: One beef producer, one cattle feeder, one dairy producer, one livestock market owner, and one horse producer. Organizations representing the groups represented on the board may submit nominations for these appointments to the governor for the governor's consideration. Three members of the initial board shall be appointed for two years and two members shall be appointed for three years, thereafter gubernatorially appointed members shall be appointed for a three-year term. Members may succeed themselves.
(2) The board shall be responsible for the administration of the livestock identification program which includes the review of recording and registration of brands, approval of all expenditures from the livestock identification account, administration of this chapter and chapters 16.58 and 16.65 RCW, administration of the inspection, enforcement, and licensing activities, fee setting, and holding hearings and adopting rules for the administration of the livestock identification program. Authorities and responsibilities other than rule making that are granted to the board by this chapter and chapters 16.58 and 16.65 RCW may be delegated by the board to duly authorized representatives of the board.
(3) The board shall contract with the department for registration and recording and for livestock inspection or investigation work and fix the compensation and terms of the contract. To facilitate the out-of-state movement of cattle and horses the board shall also enter into agreements with Washington state licensed and accredited veterinarians, who have been certified by the board, to perform livestock inspection when issuing official health certificates. Fees for livestock inspection performed by a certified veterinarian shall be collected by the veterinarian and remitted to the board. Veterinarians providing livestock inspection may charge a fee for livestock inspection that is separate from the fees provided in RCW 16.57.220. The board may adopt rules necessary to implement livestock inspection performed by veterinarians and may adopt fees to cover the cost associated with certification of veterinarians.
(4) Members of the board shall receive compensation as provided by RCW 43.03.240 and travel expenses to meetings or in otherwise carrying out the duties of the board as provided under RCW 43.03.050 and 43.03.060. The board shall meet at least quarterly in each calendar year. The board shall hire staff as necessary to carry out its duties.
NEW SECTION. Sec. 3. A new section is added to chapter 16.57 RCW to read as follows:
There is established a Washington state livestock identification account in the agricultural local fund created under RCW 43.23.230 into which all moneys collected or received from registration, recording, inspection, or enforcement under this chapter and moneys collected or received by the board under chapters 16.58 and 16.65 RCW shall be deposited. These moneys shall be used solely for the Washington state livestock identification program. Only the board may authorize expenditures from this account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Sec. 4. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:
The ((director)) board shall be the recorder of livestock brands and such brands shall not be recorded elsewhere in this state. Any person desiring to register a livestock brand shall apply on a form prescribed by the ((director)) board. Such application shall be accompanied by a facsimile of the brand applied for and a ((thirty-five)) seventy-dollar recording fee. The ((director)) board shall, upon ((his or her)) their satisfaction that the application and brand facsimile meet the requirements of this chapter and/or rules adopted hereunder, record such brand.
The director of agriculture may be designated by the board as the recorder of livestock brands. The recording fee shall be deposited by the director in the Washington state livestock identification account and shall be used solely for livestock identification program purposes as provided in this chapter and only as authorized by the board.
Sec. 5. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:
The ((director)) board shall not record tattoo brands or marks for any purpose subsequent to the enactment of this chapter. However, all tattoo brands and marks of record on the date of the enactment of this chapter shall be recognized as legal ownership brands or marks.
Sec. 6. RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to read as follows:
The ((director)) board may provide for the use of production record brands. Numbers for such brands shall be issued at the discretion of the ((director)) board and shall be placed on livestock immediately below the registered ownership brand or any other location prescribed by the ((director)) board.
Sec. 7. RCW 16.57.070 and 1959 c 54 s 7 are each amended to read as follows:
The ((director)) board shall determine conflicting claims between applicants to a brand, and in so doing shall consider the priority of applicants.
Sec. 8. RCW 16.57.080 and 1994 c 46 s 16 are each amended to read as follows:
((The director shall establish by rule a schedule for the renewal of registered brands.)) The fee for the renewal of ((the)) a brand((s)) registration shall be ((no less than twenty-five)) seventy dollars for each two-year period of brand ownership, except that the ((director)) board may((, in adopting a renewal schedule,)) provide for the collection of renewal fees on a prorated basis ((and may by rule increase the registration and renewal fee for brands by no more than fifty percent subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)). At least sixty days before the expiration of a registered brand, the ((director)) board shall notify by letter the owner of record of the brand that on the payment of the requisite application fee and application of renewal the ((director)) board shall issue the proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent registration period. The failure of the registered owner to pay the renewal fee by the date required by rule shall cause such owner's brand to revert to the ((department)) board. The ((director)) board may for a period of one year following such reversion, reissue such brand only to the prior registered owner upon payment of the registration fee and a late filing fee ((to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015,)) of twenty dollars for renewal subsequent to the regular renewal period. The ((director)) board may at the ((director's)) board's discretion, if such brand is not reissued within one year to the prior registered owner, issue such brand to any other applicant.
Sec. 9. RCW 16.57.090 and 1994 c 46 s 17 are each amended to read as follows:
A brand is the personal property of the owner of record. Any instrument affecting the title of such brand shall be acknowledged in the presence of the recorded owner and a notary public. The ((director)) board shall record such instrument upon presentation and payment of a recording fee not to exceed fifteen dollars to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015. Such recording shall be constructive notice to all the world of the existence and conditions affecting the title to such brand. A copy of all records concerning the brand, certified by the ((director)) board, shall be received in evidence to all intent and purposes as the original instrument. The ((director)) board shall not be personally liable for failure of the ((director's)) board's agents to properly record such instrument.
Sec. 10. RCW 16.57.100 and 1971 ex.s. c 135 s 3 are each amended to read as follows:
The right to use a brand shall be evidenced by the original certificate issued by the ((director)) board showing that the brand is of present record or a certified copy of the record of such brand showing that it is of present record. A healed brand of record on livestock shall be prima facie evidence that the recorded owner of such brand has legal title to such livestock and is entitled to its possession: PROVIDED, That the ((director)) board may require additional proof of ownership of any animal showing more than one healed brand.
Sec. 11. RCW 16.57.105 and 1967 c 240 s 38 are each amended to read as follows:
Any person having a brand recorded with the ((department)) board shall have a preemptory right to use such brand and its design under any newly approved method of branding adopted by the ((director)) board.
Sec. 12. RCW 16.57.110 and 1959 c 54 s 11 are each amended to read as follows:
No brand shall be placed on livestock that is not permanent in nature and of a size that is not readily visible. The ((director)) board, in order to assure that brands are readily visible, may prescribe the size of branding irons to be used for ownership brands.
Sec. 13. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:
No person shall remove or alter a brand of record on livestock without first having secured the written permission of the ((director)) board. Violation of this section shall be a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 14. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:
The ((director)) board shall not record a brand that is identical to a brand of present record; nor a brand so similar to a brand of present record that it will be difficult to distinguish between such brands when applied to livestock.
Sec. 15. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:
The owner of a brand of record may procure from the ((director)) board a certified copy of the record of the owner's brand upon payment of a fee not to exceed seven dollars and fifty cents to be prescribed by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.
Sec. 16. RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to read as follows:
The ((director)) board shall publish a book to be known as the "Washington State Brand Book", showing all the brands of record. Such book shall contain the name and address of the owners of brands of record and a copy of the brand laws and regulations. Supplements to such brand book showing newly recorded brands, amendments or newly adopted regulations, shall be published biennially, or prior thereto at the discretion of the ((director)) board: PROVIDED, That whenever ((he deems it)) necessary, the ((director)) board may issue a new brand book.
Sec. 17. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:
(1) Except as provided in subsection (3) of this section, the ((director)) board may ((by)) adopt rules ((adopted subsequent to a public hearing designate)): Designating any point for mandatory ((brand)) livestock inspection of cattle or horses or the furnishing of proof that cattle passing or being transported through such points have been ((brand)) livestock inspected and are lawfully being moved; providing for self-inspection of cattle and horses; and providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification.
((Further,)) (2) The ((director)) board or any peace officer may stop vehicles carrying cattle or horses to determine if ((such)) the cattle or horses are identified, branded, or accompanied by ((the form prescribed by the director under RCW 16.57.240 or a brand certificate issued by the department)) a certificate of permit, inspection certificate, self-inspection certificate, or other satisfactory proof of ownership, as determined by the board.
(3) Inspection shall not be required for any individual private sale of any unbranded dairy breed milk production cattle involving fifteen head or less.
Sec. 18. RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended to read as follows:
The ((director)) board may, in order to reduce the cost of ((brand)) livestock inspection to livestock owners, enter into agreements with any qualified county, municipal, or other local law enforcement agency, or qualified individuals for the purpose of performing ((brand)) livestock inspection in areas where ((department brand)) livestock inspection by the department may not readily be available.
Sec. 19. RCW 16.57.170 and 1959 c 54 s 17 are each amended to read as follows:
The ((director)) board may enter at any reasonable time any slaughterhouse or public livestock market to make an examination of the brands on livestock or hides, and may enter at any reasonable time an establishment where hides are held to examine them for brands. The ((director)) board may enter any of these premises at any reasonable time to examine all books and records required by law in matters relating to ((brand)) livestock inspection or other methods of livestock identification.
Sec. 20. RCW 16.57.180 and 1959 c 54 s 18 are each amended to read as follows:
Should the ((director)) board be denied access to any premises or establishment where such access was sought for the purposes set forth in RCW 16.57.170, ((he)) the board may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises or establishment for said purposes. The court may upon such application, issue the search warrant for the purposes requested.
Sec. 21. RCW 16.57.200 and 1959 c 54 s 20 are each amended to read as follows:
Any owner or ((his)) an agent shall make the brand or brands on livestock being ((brand)) livestock inspected readily visible and shall cooperate with the ((director)) board to carry out such ((brand)) livestock inspection in a safe and expeditious manner.
Sec. 22. RCW 16.57.210 and 1959 c 54 s 21 are each amended to read as follows:
The ((director)) board shall have authority to arrest any person without warrant anywhere in the state found in the act of, or whom ((he)) the board has reason to believe is guilty of, driving, holding, selling or slaughtering stolen livestock. Any such person arrested by the ((director)) board shall be turned over to the sheriff of the county where the arrest was made, as quickly as possible.
Sec. 23. RCW 16.57.220 and 1997 c 356 s 2 are each amended to read as follows:
The ((director)) livestock identification board shall cause a charge to be made for all ((brand)) livestock inspection of cattle and horses required under this chapter and rules adopted hereunder. Such charges shall be paid to the ((department)) board by the owner or person in possession unless requested by the purchaser and then such ((brand)) livestock inspection shall be paid by the purchaser requesting such ((brand)) livestock inspection. Except as provided by rule, such inspection charges shall be due and payable at the time ((brand)) livestock inspection is performed and shall be paid upon billing by the ((department)) board and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides ((brand)) livestock inspected until such charge is paid. The ((director)) board in order to best utilize the services of the ((department)) livestock inspector in performing ((brand)) livestock inspection may establish schedules by days and hours when a ((brand)) livestock inspector will be on duty to perform ((brand)) livestock inspection at established inspection points. The fees for ((brand)) livestock inspection performed at inspection points according to schedules established by the ((director)) board shall be seventy-five cents per head for cattle and not more than three dollars per head for horses as prescribed by the ((director)) board subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015. Fees for ((brand)) livestock inspection of cattle and horses at points other than those designated by the ((director)) board or not in accord with the schedules established by the ((director)) board shall be based on a fee schedule not to exceed actual net cost to the ((department)) board of performing the ((brand)) livestock inspection service. For the purpose of this section, actual costs shall mean fifteen dollars per hour and the current mileage rate set by the office of financial management.
Sec. 24. RCW 16.57.230 and 1995 c 374 s 50 are each amended to read as follows:
No person shall collect or make a charge for ((brand)) livestock inspection of livestock unless there has been an actual ((brand)) livestock inspection of such livestock.
Sec. 25. RCW 16.57.240 and 1995 c 374 s 51 are each amended to read as follows:
((Any person purchasing, selling, holding for sale, trading, bartering, transferring title, slaughtering, handling, or transporting cattle shall keep a record on forms prescribed by the director. Such forms)) (1) Certificates of permit, inspection certificates, and self-inspection certificates shall show the owner number, ((specie)) breed, sex, brand or other method of identification of ((such)) the cattle or horses and any other necessary information required by the director. ((The original shall be kept for a period of three years or shall be furnished to the director upon demand or as prescribed by rule, one copy shall accompany the cattle to their destination and shall be subject to inspection at any time by the director or any peace officer or member of the state patrol: PROVIDED, That in the following instances only, cattle may be moved or transported within this state without being accompanied by an official certificate of permit, brand inspection certificate, bill of sale, or self-inspection slip:
(1) When such cattle are moved or transported upon lands under the exclusive control of the person moving or transporting such cattle;
(2) When such cattle are being moved or transported for temporary grazing or feeding purposes and have the registered brand of the person having or transporting such cattle.))
(2) The board may cause certificate of permit forms to be issued to any person on payment of a fee established by rule.
(3) Inspection certificates, self-inspection certificates, or other satisfactory proof of ownership shall be kept by the owner and/or person in possession of any cattle or horses and shall be furnished to the board or any peace officer upon demand.
(4) Cattle may not be moved or transported within this state without being accompanied by a certificate of permit, inspection certificate, or self-inspection certificate except:
(a) When the cattle are moved or transported upon lands under the exclusive control of the person moving or transporting the cattle; or
(b) When the cattle are being moved or transported for temporary grazing or feeding purposes and have the recorded brand of the person having or transporting the cattle.
(5) Certificates of permit, inspection certificates, or self-inspection certificates accompanying cattle being moved or transported within this state shall be subject to inspection at any time by the board or any peace officer.
Sec. 26. RCW 16.57.260 and 1981 c 296 s 19 are each amended to read as follows:
It shall be unlawful for any person to remove or cause to be removed or accept for removal from this state, any cattle or horses which are not accompanied at all times by an official ((brand)) livestock inspection certificate issued by the ((director)) board on such cattle or horses, except as provided in RCW 16.57.160.
Sec. 27. RCW 16.57.270 and 1959 c 54 s 27 are each amended to read as follows:
It shall be unlawful for any person moving or transporting livestock in this state to refuse to assist the ((director)) board or any peace officer in establishing the identity of such livestock being moved or transported.
Sec. 28. RCW 16.57.275 and 1967 c 240 s 37 are each amended to read as follows:
Any cattle carcass, or primal part thereof, of any breed or age being transported in this state from other than a state or federal licensed and inspected slaughterhouse or common carrier hauling for such slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of such carcass or primal part thereof and, if such carcass or primal part is delivered to a facility custom handling such carcasses or primal part thereof, such certificate of permit shall be deposited with the owner or manager of such custom handling facility and such certificate of permit shall be retained for a period of one year and be made available to the ((department)) livestock identification board for inspection during reasonable business hours. ((The owner of such carcass or primal part thereof shall mail a copy of the said certificate of permit to the department within ten days of said transportation.))
Sec. 29. RCW 16.57.280 and 1995 c 374 s 52 are each amended to read as follows:
No person shall knowingly have unlawful possession of any livestock marked with a recorded brand or tattoo of another person unless:
(1) Such livestock lawfully bears the person's own healed recorded brand; or
(2) Such livestock is accompanied by a certificate of permit from the owner of the recorded brand or tattoo; or
(3) Such livestock is accompanied by a ((brand)) livestock inspection certificate; or
(4) Such cattle is accompanied by a self-inspection slip; or
(5) Such livestock is accompanied by a bill of sale from the previous owner or other satisfactory proof of ownership.
A violation of this section constitutes a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 30. RCW 16.57.290 and 1995 c 374 s 53 are each amended to read as follows:
All unbranded cattle and horses and those bearing brands not recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit, and those bearing brands recorded, in the current edition of this state's brand book, which are not accompanied by a certificate of permit signed by the owner of the brand when presented for inspection by the ((director)) board, shall be sold by the ((director)) board or the ((director's)) board's representative, unless other satisfactory proof of ownership is presented showing the person presenting them to be lawfully in possession. Upon the sale of such cattle or horses, the ((director)) board or the ((director's)) board's representative shall give the purchasers a bill of sale therefor, or, if theft is suspected, the cattle or horses may be impounded by the ((director)) board or the ((director's)) board's representative.
Sec. 31. RCW 16.57.300 and 1989 c 286 s 24 are each amended to read as follows:
The proceeds from the sale of cattle and horses as provided for under RCW 16.57.290, after paying the cost thereof, shall be paid to the ((director)) board, who shall make a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale thereof. However, the proceeds from a sale of such cattle or horses at a licensed public livestock market shall be held by the licensee for a reasonable period not to exceed thirty days to permit the consignor to establish ownership or the right to sell such cattle or horses. If such consignor fails to establish legal ownership or the right to sell such cattle or horses, such proceeds shall be paid to the ((director)) board to be disposed of as any other estray proceeds.
Sec. 32. RCW 16.57.310 and 1959 c 54 s 31 are each amended to read as follows:
When a person has been notified by registered mail that animals bearing his or her recorded brand have been sold by the ((director)) board, he or she shall present to the ((director)) board a claim on the proceeds within ten days from the receipt of the notice or the ((director)) board may decide that no claim exists.
Sec. 33. RCW 16.57.320 and 1991 c 110 s 6 are each amended to read as follows:
If, after the expiration of one year from the date of sale, the person presenting the animals for inspection has not provided the ((director)) board with satisfactory proof of ownership, the proceeds from the sale shall be paid on the claim of the owner of the recorded brand. However, it shall be a gross misdemeanor for the owner of the recorded brand to knowingly accept such funds after he or she has sold, bartered or traded such animals to the claimant or any other person. A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 34. RCW 16.57.330 and 1959 c 54 s 33 are each amended to read as follows:
If, after the expiration of one year from the date of sale, no claim is made, the money shall be credited to the ((department of agriculture)) board to be expended in carrying out the provisions of this chapter.
Sec. 35. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:
The ((director)) board shall have the authority to enter into reciprocal agreements with any or all states to prevent the theft, misappropriation or loss of identification of livestock. The ((director)) board may declare any livestock which is shipped or moved into this state from such states estrays if such livestock is not accompanied by the proper official brand certificate or other such certificates required by the law of the state of origin of such livestock. The ((director)) board may hold such livestock subject to all costs of holding or sell such livestock and send the funds, after the deduction of the cost of such sale, to the proper authority in the state of origin of such livestock.
Sec. 36. RCW 16.57.350 and 1994 c 46 s 8 are each amended to read as follows:
The ((director)) board may adopt such rules as are necessary to carry out the purposes of this chapter. It shall be the duty of the ((director)) board to enforce and carry out the provisions of this chapter and/or rules adopted hereunder. No person shall interfere with the ((director)) board when ((he or she)) the board is performing or carrying out duties imposed on ((him or her)) it by this chapter and/or rules adopted hereunder.
Sec. 37. RCW 16.57.360 and 1991 c 110 s 7 are each amended to read as follows:
The ((department)) board is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
The violation of any provision of this chapter and/or rules and regulations adopted hereunder shall constitute a class I civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.
Sec. 38. RCW 16.57.370 and 1959 c 54 s 37 are each amended to read as follows:
All fees collected under the provisions of this chapter shall be retained and deposited by the ((director)) board to be used only for the enforcement of this chapter.
Sec. 39. RCW 16.57.400 and 1994 c 46 s 20 are each amended to read as follows:
The ((director)) board may provide by rules ((and regulations)) adopted pursuant to chapter 34.05 RCW for the issuance of individual horse and cattle identification certificates or other means of horse and cattle identification deemed appropriate. Such certificates or other means of identification shall be valid only for the use of the horse and cattle owner in whose name it is issued.
Horses and cattle identified pursuant to the provisions of this section and the rules ((and regulations)) adopted hereunder shall not be subject to ((brand)) livestock inspection except when sold at points provided for in RCW ((16.57.380)) 16.57.160. The ((director)) board shall charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification shall be issued until the ((director)) board has received the fee. The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.
Sec. 40. RCW 16.57.407 and 1996 c 105 s 3 are each amended to read as follows:
The ((department)) livestock identification board has the authority to conduct an investigation of an incident where scars or other marks indicate that a microchip has been removed from a horse.
Sec. 41. RCW 16.57.410 and 1993 c 354 s 11 are each amended to read as follows:
(1) No person may act as a registering agency without a permit issued by the ((department)) board. The ((director)) board may issue a permit to any person or organization to act as a registering agency for the purpose of issuing permanent identification symbols for horses in a manner prescribed by the ((director)) board. Application for such permit, or the renewal thereof by January 1 of each year, shall be on a form prescribed by the ((director)) board, and accompanied by the proof of registration to be issued, any other documents required by the ((director)) board, and a fee of one hundred dollars.
(2) Each registering agency shall maintain a permanent record for each individual identification symbol. The record shall include, but need not be limited to, the name, address, and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be forwarded to the ((director)) board, if requested by the ((director)) board.
(3) Individual identification symbols shall be inspected as required for brands under RCW 16.57.220 ((and 16.57.380)). Any horse presented for inspection and bearing such a symbol, but not accompanied by proof of registration and certificate of permit, shall be sold as provided under RCW 16.57.290 through 16.57.330.
(4) The ((director)) board shall adopt such rules as are necessary for the effective administration of this section pursuant to chapter 34.05 RCW.
Sec. 42. RCW 16.57.420 and 1993 c 105 s 3 are each amended to read as follows:
The ((department)) livestock identification board may, in consultation with representatives of the ratite industry, develop by rule a system that provides for the identification of individual ratites through the use of microchipping. The ((department)) board may establish fees for the issuance or reissuance of microchipping numbers sufficient to cover the expenses of the ((department)) board.
Sec. 43. RCW 16.58.020 and 1971 ex.s. c 181 s 2 are each amended to read as follows:
For the purpose of this chapter:
(1) "Livestock identification board" or "board" means the livestock identification board defined under RCW 16.57.010.
(2) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any ((regulations)) rules adopted pursuant to the provisions of this chapter and which holds a valid license from the ((director)) board as hereinafter provided.
(((2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his duly authorized representative.
(4))) (3) "Licensee" means any persons licensed under the provisions of this chapter.
(((5))) (4) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
Sec. 44. RCW 16.58.030 and 1971 ex.s. c 181 s 3 are each amended to read as follows:
The ((director)) board may adopt such rules ((and regulations)) as are necessary to carry out the purpose of this chapter. The adoption of such rules shall be subject to the provisions of this chapter and rules ((and regulations)) adopted hereunder. No person shall interfere with the ((director when he)) board when it is performing or carrying out any duties imposed ((upon him)) by this chapter or rules ((and regulations)) adopted hereunder.
Sec. 45. RCW 16.58.040 and 1971 ex.s. c 181 s 4 are each amended to read as follows:
On or after August 9, 1971, any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the ((director)) board for such purpose. The application for a license shall be on a form prescribed by the ((director)) board and shall include the following:
(1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled for feeding purposes at each such certified feed lot; and
(5) Any other information necessary to carry out the purpose and provisions of this chapter and rules ((or regulations)) adopted hereunder.
Sec. 46. RCW 16.58.050 and 1997 c 356 s 4 are each amended to read as follows:
The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of seven hundred fifty dollars. Upon approval of the application by the ((director)) livestock identification board and compliance with the provisions of this chapter and rules adopted hereunder, the applicant shall be issued a license or a renewal thereof. The board shall conduct an inspection of all cattle and their corresponding ownership documents prior to issuing an original license. The inspection fee shall be the higher of the current inspection fee per head of cattle or time and mileage as set forth in RCW 16.57.220.
Sec. 47. RCW 16.58.060 and 1991 c 109 s 10 are each amended to read as follows:
The ((director)) board shall establish by rule an expiration date or dates for all certified feed lot licenses. License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses. If an application for renewal of a certified feed lot license is not received by the ((department)) board per the date required by rule or should a person fail, refuse, or neglect to apply for renewal of a preexisting license on or before the date of expiration, that person shall be assessed an additional twenty-five dollars which shall be added to the regular license fee and shall be paid before the ((director)) board may issue a license to the applicant.
Sec. 48. RCW 16.58.070 and 1989 c 175 s 54 are each amended to read as follows:
The ((director)) livestock identification board is authorized to deny, suspend, or revoke a license in accord with the provisions of chapter 34.05 RCW if ((he)) it finds that there has been a failure to comply with any requirement of this chapter or rules ((and regulations)) adopted hereunder. Hearings for the revocation, suspension, or denial of a license shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings.
Sec. 49. RCW 16.58.080 and 1971 ex.s. c 181 s 8 are each amended to read as follows:
Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the ((director)) livestock identification board as to location and construction within the ((said)) feed lot so that necessary ((brand)) livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furnish the ((director)) board with sufficient help necessary to carry out ((brand)) livestock inspection in the manner set forth above.
Sec. 50. RCW 16.58.095 and 1991 c 109 s 11 are each amended to read as follows:
All cattle entering or reentering a certified feed lot must be inspected for brands upon entry, unless they are accompanied by a ((brand)) livestock inspection certificate issued by the ((director)) livestock identification board, or any other agency authorized in any state or Canadian province by law to issue such a certificate. Licensees shall report a discrepancy between cattle entering or reentering a certified feed lot and the ((brand)) livestock inspection certificate accompanying the cattle to the nearest ((brand)) livestock inspector immediately. A discrepancy may require an inspection of all the cattle entering or reentering the lot, except as may otherwise be provided by rule.
Sec. 51. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:
The ((director)) livestock identification board shall each year conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. Such audits shall be for the purpose of determining if such cattle correlate with the ((brand)) livestock inspection certificates issued in their behalf and that the certificate of assurance furnished the ((director)) board by the licensee correlates with his or her assurance that ((brand)) livestock inspected cattle were not commingled with uninspected cattle.
Sec. 52. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:
All certified feed lots shall furnish the ((director)) livestock identification board with records as requested by ((him)) it from time to time on all cattle entering or on feed in ((said)) certified feed lots and dispersed therefrom. All such records shall be subject to examination by the ((director)) board for the purpose of maintaining the integrity of the identity of all such cattle. The ((director)) board may make the examinations only during regular business hours except in an emergency to protect the interest of the owners of such cattle.
Sec. 53. RCW 16.58.120 and 1991 c 109 s 13 are each amended to read as follows:
The licensee shall maintain sufficient records as required by the ((director)) livestock identification board at each certified feed lot, if ((said)) the licensee operates more than one certified feed lot.
Sec. 54. RCW 16.58.130 and 1997 c 356 s 7 are each amended to read as follows:
Each licensee shall pay to the ((director)) livestock identification board a fee of twelve cents for each head of cattle handled through the licensee's feed lot. Payment of such fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. Further, the ((director)) board shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.
Sec. 55. RCW 16.58.140 and 1979 c 81 s 5 are each amended to read as follows:
All fees provided for in this chapter shall be retained by the ((director)) board for the purpose of enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW.
Sec. 56. RCW 16.58.150 and 1971 ex.s. c 181 s 15 are each amended to read as follows:
No ((brand)) livestock inspection shall be required when cattle are moved or transferred from one certified feed lot to another or the transfer of cattle from a certified feed lot to a point within this state, or out of state where this state maintains ((brand)) livestock inspection, for the purpose of immediate slaughter.
Sec. 57. RCW 16.58.160 and 1991 c 109 s 15 are each amended to read as follows:
The ((director)) board may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle therein becomes doubtful, suspend such certified feed lot's license until such time as the ((director)) board can conduct an investigation to carry out the purpose of this chapter.
Sec. 58. RCW 16.65.010 and 1983 c 298 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.
(2) (("Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his duly authorized representative.
(4))) "Licensee" means any person licensed under the provisions of this chapter.
(((5))) (3) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.
(((6))) (4) "Livestock identification board" or "board" means the board created in RCW 16.57.015.
(5) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(((7))) (6) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.
(((8))) (7) "Packer" means any person engaged in the business of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock products.
(((9))) (8) "Deputy state veterinarian" means a graduate veterinarian authorized to practice in the state of Washington and appointed or deputized by the director of agriculture as his or her duly authorized representative.
(((10))) (9) "Special open consignment horse sale" means a sale conducted by a person other than the operator of a public livestock market which is limited to the consignment of horses and donkeys only for sale on an occasional and seasonal basis.
Sec. 59. RCW 16.65.015 and 1983 c 298 s 2 are each amended to read as follows:
This chapter does not apply to:
(1) A farmer selling his or her own livestock on the farmer's own premises by auction or any other method.
(2) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at a special sale on an occasional and seasonal basis under the association's management and responsibility, and the special sale has been approved by the ((director)) board in writing. However, the special sale shall be subject to brand and health inspection requirements as provided in this chapter for sales at public livestock markets.
Sec. 60. RCW 16.65.020 and 1983 c 298 s 5 are each amended to read as follows:
Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the ((director)) livestock identification board, and the ((director)) board, but not ((his)) its duly authorized representative, may adopt such rules ((and regulations)) as are necessary to carry out the purpose of this chapter. It shall be the duty of the ((director)) board to enforce and carry out the provisions of this chapter and rules ((and regulations)) adopted hereunder. No person shall interfere with the ((director)) board when ((he)) it is performing or carrying out any duties imposed upon ((him)) it by this chapter or rules ((and regulations)) adopted hereunder.
Sec. 61. RCW 16.65.030 and 1995 c 374 s 54 are each amended to read as follows:
(1) ((On and after June 10, 1959,)) No person shall operate a public livestock market without first having obtained a license from the ((director)) livestock identification board. Application for ((such)) a license shall be in writing on forms prescribed by the ((director)) board, and shall include the following:
(a) A nonrefundable original license application fee of fifteen hundred dollars.
(b) A legal description of the property upon which the public livestock market shall be located.
(c) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.
(d) ((A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.)) A financial statement, compiled or audited by a certified or licensed public accountant, to determine whether or not the applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a public livestock market. If the applicant is a subsidiary of a larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the minimum net worth requirements. All financial statement information required by this subsection is confidential information and not subject to public disclosure.
(e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.
(g) Projected source and quantity of livestock((, by county,)) anticipated to be handled.
(h) Projected ((income and expense statements for)) gross dollar volume of business to be carried on, at, or through the public livestock market during the first year's operation.
(i) Facts upon which ((are)) is based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.
(j) ((Such)) Other information as the ((director)) board may ((reasonably)) require by rule.
(2) ((The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and
(b) The present market services elsewhere available to the trade area proposed to be served.
(3) Applications for renewal under RCW 16.65.040 shall include all information under subsection (1) of this section, except subsection (1)(a) of this section.)) If the board determines that the applicant meets all the requirements of subsection (1) of this section, the director shall conduct a public hearing as provided by chapter 34.05 RCW, and shall grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the director a surety bond as required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter and rules adopted under this chapter.
Sec. 62. RCW 16.65.037 and 1997 c 356 s 8 are each amended to read as follows:
(1) Upon the approval of the application by the ((director)) livestock identification board and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof. Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.
(2) The license fee shall be based on the average gross sales volume per official sales day of that market:
(a) Markets with an average gross sales volume up to and including ten thousand dollars, a one hundred fifty dollar fee;
(b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a three hundred fifty dollar fee; and
(c) Markets with an average gross sales volume over fifty thousand dollars, a four hundred fifty dollar fee.
The fees for public market licenses shall be set by the ((director)) board by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.
(3) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate application fee.
Sec. 63. RCW 16.65.040 and 1983 c 298 s 6 are each amended to read as follows:
All public livestock market licenses provided for in this chapter shall expire on March 1st subsequent to the date of issue. Any person who fails, refuses, or neglects to apply for a renewal of a preexisting license on or before the date of expiration, shall pay a penalty of twenty-five dollars, which shall be added to the regular license fee, before such license may be renewed by the ((director)) livestock identification board.
Sec. 64. RCW 16.65.042 and 1983 c 298 s 3 are each amended to read as follows:
(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the ((director)) livestock identification board. The application for the license shall include:
(a) A detailed statement showing all of the assets and liabilities of the applicant;
(b) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale;
(c) The specific date and exact location of the proposed sale;
(d) Projected quantity and approximate value of horses to be handled; and
(e) Such other information as the ((director)) board may reasonably require.
(2) The application shall be accompanied by a license fee of one hundred dollars. Upon the approval of the application by the ((director)) board and compliance with this chapter, the applicant shall be issued a license. A special open consignment horse sale license is valid only for the specific date or dates and exact location for which the license was issued.
Sec. 65. RCW 16.65.050 and 1959 c 107 s 5 are each amended to read as follows:
All fees ((provided for)) collected or received by the board under this chapter shall be ((retained by the director)) deposited by the board in the livestock identification account created in section 3 of this act. Moneys collected under this chapter may be expended by the board without appropriation for the purpose of enforcing this chapter.
Sec. 66. RCW 16.65.080 and 1985 c 415 s 9 are each amended to read as follows:
(1) The ((director)) livestock identification board is authorized to deny, suspend, or revoke a license in the manner prescribed herein, when there are findings by the ((director)) board that any licensee (a) has been guilty of fraud or misrepresentation as to titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor by a check the licensee knows not to be backed by sufficient funds to cover such check; (c) has violated any of the provisions of this chapter or rules ((and regulations)) adopted hereunder; (d) has violated any laws of the state that require health or ((brand)) livestock inspection of livestock; (e) has violated any condition of the bond, as provided in this chapter. However, the ((director)) board may deny a license if the applicant refuses to accept the sales day or days allocated to ((him)) it under the provisions of this chapter.
(2) In all proceedings for revocation, suspension, or denial of a license the licensee or applicant shall be given an opportunity to be heard in regard to such revocation, suspension or denial of a license. The ((director)) board shall give the licensee or applicant twenty days' notice in writing and such notice shall specify the charges or reasons for such revocation, suspension or denial. The notice shall also state the date, time and place where such hearing is to be held. Such hearings shall be held in the city where the licensee has his or her principal place of business, or where the applicant resides, unless some other place be agreed upon by the parties, and the defendant may be represented by counsel.
(3) The ((director)) board may issue subpoenas to compel the attendance of witnesses, and/or the production of books or documents anywhere in the state. The applicant or licensee shall have opportunity to be heard, and may have such subpoenas issued as he or she desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the ((director)) board. Testimony shall be recorded, and may be taken by deposition under such rules as the ((director)) board may prescribe.
(4) The ((director)) board shall hear and determine the charges, make findings and conclusions upon the evidence produced, and file them in ((his)) its office, together with a record of all of the evidence, and serve upon the accused a copy of such findings and conclusions.
Sec. 67. RCW 16.65.090 and 1997 c 356 s 10 are each amended to read as follows:
The ((director)) livestock identification board shall provide for ((brand)) livestock inspection. When such ((brand)) livestock inspection is required the licensee shall collect from the consignor and pay to the ((department)) board, as provided by law, a fee for ((brand)) livestock inspection for each animal consigned to the public livestock market or special open consignment horse sale. However, if in any one sale day the total fees collected for ((brand)) livestock inspection do not exceed ninety dollars, then such licensee shall pay ninety dollars for such ((brand)) livestock inspection or as much thereof as the ((director)) board may prescribe.
Sec. 68. RCW 16.65.100 and 1983 c 298 s 9 are each amended to read as follows:
The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting ((brand)) livestock inspection a fee as provided by law for each animal inspected. Such fee shall be in addition to the fee charged to the consignor for ((brand)) livestock inspection and shall not apply to the minimum fee chargeable to the licensee.
Sec. 69. RCW 16.65.140 and 1971 ex.s. c 192 s 4 are each amended to read as follows:
Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be deposited in that account. Such account shall be drawn on only for the payment of net proceeds to the consignor, or such other person or persons of whom such licensee has knowledge is entitled to such proceeds, and to obtain from such proceeds only the sums due the licensee as compensation for his or her services as are set out in his or her tariffs, and for such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his or her capacity as agent is required to pay for on behalf of the consignor or shipper. The licensee in each case shall keep such accounts and records that will at all times disclose the names of the consignors and the amount due and payable to each from the funds in the custodial account for consignor's proceeds. The licensee shall maintain the custodial account for consignor's proceeds in a manner that will expedite examination by the ((director)) livestock identification board and reflect compliance with the requirements of this section.
Sec. 70. RCW 16.65.190 and 1983 c 298 s 12 are each amended to read as follows:
No person shall hereafter operate a public livestock market or special open consignment horse sale unless such person has filed a schedule with the application for license to operate such public livestock market or special open consignment horse sale. Such schedule shall show all rates and charges for stockyard services to be furnished by such person at such public livestock market or special open consignment horse sale.
(1) Schedules shall be posted conspicuously at the public livestock market or special open consignment horse sale, and shall plainly state all such rates and charges in such detail as the ((director)) livestock identification board may require, and shall state any rules ((and regulations)) which in any manner change, affect, or determine any part of the aggregate of such rates or charges, or the value of the stockyard services furnished. The ((director)) board may determine and prescribe the form and manner in which such schedule shall be prepared, arranged and posted.
(2) No changes shall be made in rates or charges so filed and published except after thirty days' notice to the ((director)) board and to the public filed and posted as aforesaid, which shall plainly state the changes proposed to be made and the time such changes will go into effect.
(3) No licensee shall charge, demand or collect a greater or a lesser or a different compensation for such service than the rates and charges specified in the schedule filed with the ((director)) board and in effect at the time; nor shall a licensee refund or remit in any manner any portion of the rates or charges so specified (but this shall not prohibit a cooperative association of producers from properly returning to its members, on a patronage basis, its excess earnings on their livestock); nor shall a licensee extend to any person at such public livestock market or special open consignment horse sale any stockyard services except such as are specified in such schedule.
Sec. 71. RCW 16.65.200 and 1983 c 298 s 13 are each amended to read as follows:
Before the license is issued to operate a public livestock market or special open consignment horse sale, the applicant shall execute and deliver to the ((director)) livestock identification board a surety bond in a sum as herein provided for, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. ((Said)) The bond shall be a standard form and approved by the ((director)) board as to terms and conditions. ((Said)) The bond shall be conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules ((and/or regulations)) adopted hereunder. ((Said)) The bond shall be to the state in favor of every consignor and/or vendor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale: PROVIDED, That if such applicant is bonded as a market agency under the provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on March 20, 1961, in a sum equal to or greater than the sum required under the provisions of this chapter, and such applicant furnishes the ((director)) board with a bond approved by the United States secretary of agriculture ((naming the department as trustee)), the ((director)) board may accept such bond and its method of termination in lieu of the bond provided for herein and issue a license if such applicant meets all the other requirements of this chapter.
The total and aggregate liability of the surety for all claims upon the bond shall be limited to the face of such bond. Every bond filed with and approved by the ((director)) board shall, without the necessity of periodic renewal, remain in force and effect until such time as the license of the licensee is revoked for cause or otherwise canceled. The surety on a bond, as provided herein, shall be released and discharged from all liability to the state accruing on such bond upon compliance with the provisions of RCW 19.72.110 concerning notice and proof of service, as enacted or hereafter amended, but this shall not operate to relieve, release or discharge the surety from any liability already accrued or which shall accrue (due and to become due hereunder) before the expiration period provided for in RCW 19.72.110 concerning notice and proof of service as enacted or hereafter amended, and unless the principal shall before the expiration of such period, file a new bond, the ((director)) board shall forthwith cancel the principal's license.
Sec. 72. RCW 16.65.220 and 1971 ex.s. c 192 s 7 are each amended to read as follows:
If the application for a license to operate a public livestock market is from a new public livestock market which has not operated in the past twelve-month period, the ((director)) livestock identification board shall determine a bond, in a reasonable sum, that the applicant shall execute in favor of the state, which shall not be less than ten thousand dollars nor greater than twenty-five thousand dollars: PROVIDED, That the ((director)) board may at any time, upon written notice, review the licensee's operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.
Sec. 73. RCW 16.65.235 and 1973 c 142 s 3 are each amended to read as follows:
In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the ((director)) livestock identification board a deposit consisting of cash or other security acceptable to the ((director)) board. The ((director)) board may adopt rules ((and regulations)) necessary for the administration of such security.
Sec. 74. RCW 16.65.250 and 1959 c 107 s 25 are each amended to read as follows:
The ((director)) livestock identification board or any vendor or consignor creditor may also bring action upon ((said)) the bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter and the rules ((and/or regulations)) adopted hereunder.
Sec. 75. RCW 16.65.260 and 1983 c 298 s 14 are each amended to read as follows:
In case of failure by a licensee to pay amounts due a vendor or consignor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale, as evidenced by a verified complaint filed with the ((director)) livestock identification board, the ((director)) board may proceed forthwith to ascertain the names and addresses of all vendor or consignor creditors of such licensee, together with the amounts due and owing to them and each of them by such licensee, and shall request all such vendor and consignor creditors to file a verified statement of their respective claims with the ((director)) board. Such request shall be addressed to each known vendor or consignor creditor at his or her last known address.
Sec. 76. RCW 16.65.270 and 1959 c 107 s 27 are each amended to read as follows:
If a vendor or consignor creditor so addressed fails, refuses or neglects to file in the office of the ((director his)) livestock identification board a verified claim as requested by the ((director)) board within sixty days from the date of such request, the ((director)) board shall thereupon be relieved of further duty or action hereunder on behalf of ((said)) the producer or consignor creditor.
Sec. 77. RCW 16.65.280 and 1959 c 107 s 28 are each amended to read as follows:
Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the ((director)) livestock identification board to ascertain the names and addresses of all ((said)) the vendor and consignor creditors, the ((director)) board, after exerting due diligence and making reasonable inquiry to secure ((said)) the information from all reasonable and available sources, may make demand on ((said)) the bond on the basis of information then in ((his)) its possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.
Sec. 78. RCW 16.65.290 and 1959 c 107 s 29 are each amended to read as follows:
Upon ascertaining all claims and statements in the manner herein set forth, the ((director)) livestock identification board may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise ((said)) the claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.
Sec. 79. RCW 16.65.300 and 1959 c 107 s 30 are each amended to read as follows:
Upon the refusal of the surety company to pay the demand, the ((director)) livestock identification board may thereupon bring an action on the bond in behalf of ((said)) the vendor and consignor creditors. Upon any action being commenced on ((said)) the bond, the ((director)) board may require the filing of a new bond. Immediately upon the recovery in any action on such bond such licensee shall file a new bond. Upon failure to file the same within ten days, in either case, such failure shall constitute grounds for the suspension or revocation of his or her license.
Sec. 80. RCW 16.65.310 and 1959 c 107 s 31 are each amended to read as follows:
In any settlement or compromise by the ((director)) livestock identification board with a surety company as provided in RCW 16.65.290, where there are two or more consignor and/or vendor creditors that have filed claims, either fixed or contingent, against a licensee's bond, such creditors shall share pro rata in the proceeds of the bond to the extent of their actual damage: PROVIDED, That the claims of the state and the ((department)) board which may accrue from the conduct of the licensee's public livestock market shall have priority over all other claims.
Sec. 81. RCW 16.65.320 and 1985 c 415 s 10 are each amended to read as follows:
For the purpose of enforcing the provisions of this chapter, the ((director)) livestock identification board on the ((director's)) board's own motion or upon the verified complaint of any vendor or consignor against any licensee, or agent, or any person assuming or attempting to act as such, shall have full authority to make any and all necessary investigations. The ((director)) board is empowered to administer oaths of verification of such complaints.
Sec. 82. RCW 16.65.330 and 1959 c 107 s 33 are each amended to read as follows:
For the purpose of making investigations as provided for in RCW 16.65.320, the ((director)) livestock identification board may enter a public livestock market and examine any records required under the provisions of this chapter. The ((director)) board shall have full authority to issue subpoenas requiring the attendance of witnesses before ((him)) it, together with all books, memorandums, papers, and other documents relative to the matters under investigation, and to administer oaths and take testimony thereunder.
Sec. 83. RCW 16.65.340 and 1967 c 192 s 2 are each amended to read as follows:
The ((director)) livestock identification board shall, when livestock is sold, traded, exchanged or handled at or through a public livestock market, require such testing, treating, identifying, examining and record keeping of such livestock by a ((deputy)) state licensed and accredited veterinarian employed by the market as in the ((director's)) board's judgment may be necessary to prevent the spread of brucellosis, tuberculosis, paratuberculosis, ((hog cholera)) pseudorabies, or any other infectious, contagious or communicable disease among the livestock of this state. The state veterinarian or his or her authorized representative may conduct additional testing and examinations for the same purpose.
Sec. 84. RCW 16.65.350 and 1959 c 107 s 35 are each amended to read as follows:
(((1))) The director of the department of agriculture shall ((perform all tests and make all examinations required under the provisions of this chapter and rules and regulations adopted hereunder: PROVIDED, That veterinary inspectors of the United States department of agriculture may be appointed by the director to make such examinations and tests as are provided for in this chapter without bond or compensation, and shall have the same authority and power in this state as a deputy state veterinarian.
(2) The director shall have the responsibility for the direction and control of)) adopt rules regarding sanitary practices and health practices and standards and for the examination of animals at public livestock markets. ((The deputy state veterinarian at any such public livestock market shall notify the licensee or his managing agent, in writing, of insanitary practices or conditions. Such deputy state veterinarian shall notify the director if the improper sanitary practices or conditions are not corrected within the time specified. The director shall investigate and upon finding such report correct shall take appropriate action to hold a hearing on the suspension or revocation of the licensee's license.))
Sec. 85. RCW 16.65.360 and 1959 c 107 s 36 are each amended to read as follows:
Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:
(1) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope of not less than one-fourth inch per foot to adequate drains leading to an approved sewage system: PROVIDED, That the ((director)) livestock identification board may designate certain pens within such public livestock markets as feeding and holding pens and the floors and alleys of such pens shall not be subject to the aforementioned surfacing requirements.
(2) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director of agriculture, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.
(3) All yards, chutes and pens used in handling livestock shall be constructed of such materials which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director of agriculture.
(4) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(5) All swine pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(6) A water system carrying a pressure of forty pounds and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.
(7) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:
(a) hard surfaced with concrete or similar impervious material and shall be kept in good repair;
(b) provided with separate watering facilities;
(c) painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate;
(d) provided with a tight board fence not less than five and one-half feet high;
(e) cleaned and disinfected not later than one day subsequent to the date of sale.
To prevent the spread of communicable diseases among livestock, the director of agriculture shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.
Sec. 86. RCW 16.65.420 and 1991 c 17 s 3 are each amended to read as follows:
(1) Any application for sales days or days for a new salesyard, and any application for a change of sales day or days or additional sales day or days for an existing yard shall be subject to approval by the ((director)) livestock identification board, subsequent to a hearing as provided for in this chapter and the ((director)) board is hereby authorized to allocate these dates and type and class of livestock which may be sold on these dates. In considering the allocation of such sales days, the ((director)) board shall give appropriate consideration, among other relevant factors, to the following:
(a) The geographical area which will be affected;
(b) The conflict, if any, with sales days already allocated in the area;
(c) The amount and class of livestock available for marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing of livestock.
(2) No special sales shall be conducted by the licensee unless the licensee has applied to the ((director)) board in writing fifteen days prior to such proposed sale and such sale date shall be approved at the discretion of the ((director)) board.
(3) In any case that a licensee fails to conduct sales on the sales days allocated to the licensee, the ((director)) board shall, subsequent to a hearing, be authorized to revoke an allocation for nonuse. The rate of usage required to maintain an allocation shall be established by rule.
Sec. 87. RCW 16.65.422 and 1963 c 232 s 17 are each amended to read as follows:
A producer of purebred livestock may, upon obtaining a permit from the ((director)) livestock identification board, conduct a public sale of the purebred livestock on an occasional or seasonal basis on premises other than his or her own farm. Application for such special sale shall be in writing to the ((director)) board for ((his)) its approval at least fifteen days before the proposed public sale is scheduled to be held by such producer.
Sec. 88. RCW 16.65.423 and 1983 c 298 s 16 are each amended to read as follows:
The ((director)) livestock identification board shall have the authority to issue a public livestock market license pursuant to the provisions of this chapter limited to the sale of horses and/or mules and to allocate a sales day or days to such licensee. The ((director)) board is hereby authorized and directed to adopt ((regulations)) rules for facilities and sanitation applicable to such a license. The facility requirements of RCW 16.65.360 shall not be applicable to such licensee's operation as provided for in this section.
Sec. 89. RCW 16.65.424 and 1963 c 232 s 19 are each amended to read as follows:
The ((director)) livestock identification board shall have the authority to grant a licensee an additional sales day or days limited to the sale of horses and/or mules and may if requested grant the licensee, by permit, the authority to have the sale at premises other than at his or her public livestock market if the facilities are approved by the ((director)) board as being adequate for the protection of the health and safety of such horses and/or mules. For the purpose of such limited sale the facility requirements of RCW 16.65.360 shall not be applicable.
Sec. 90. RCW 16.65.445 and 1989 c 175 s 55 are each amended to read as follows:
The ((director)) livestock identification board shall hold public hearings upon a proposal to promulgate any new or amended ((regulations)) rules and all hearings for the denial, revocation, or suspension of a license issued under this chapter or in any other adjudicative proceeding, and shall comply in all respects with chapter 34.05 RCW, the Administrative Procedure Act.
Sec. 91. RCW 16.65.450 and 1991 c 17 s 4 are each amended to read as follows:
Any licensee or applicant who feels aggrieved by an order of the ((director)) livestock identification board may appeal to the superior court of the county in the state of Washington of the residence of the licensee or applicant where the trial on such appeal shall be held de novo.
Sec. 92. RCW 16.04.025 and 1989 c 286 s 21 are each amended to read as follows:
If the owner or the person having in charge or possession such animals is unknown to the person sustaining the damage, the person retaining such animals shall, within twenty-four hours, notify the county sheriff or the nearest state brand inspector as to the number, description, and location of the animals. The county sheriff or brand inspector shall examine the animals by brand, tattoo, or other identifying characteristics and attempt to ascertain ownership. If the animal is marked with a brand or tattoo which is registered with the ((director of agriculture)) livestock identification board, the brand inspector or county sheriff shall furnish this information and other pertinent information to the person holding the animals who in turn shall send the notice required in RCW 16.04.020 to the animals' owner of record by certified mail.
If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.24 RCW. Such removal shall not prejudice the property owner's ability to recover damages through civil suit.
Sec. 93. RCW 41.06.070 and 1996 c 319 s 3, 1996 c 288 s 33, and 1996 c 186 s 109 are each reenacted and 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 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;
(aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);
(bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5);
(cc) Officers and employees of the livestock identification board created under RCW 16.57.015.
(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), (y), (z), and (2) of this section, shall be determined by the Washington personnel resources board. However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.
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.
NEW SECTION. Sec. 94. A new section is added to chapter 42.17 RCW to read as follows:
Financial statements provided under RCW 16.65.030(1)(d) are exempt from disclosure under this chapter.
Sec. 95. RCW 43.23.230 and 1988 c 254 s 1 are each amended to read as follows:
The agricultural local fund is hereby established in the custody of the state treasurer. The fund shall consist of such money as is directed by law for deposit in the fund, and such other money not subject to appropriation that the department authorizes to be deposited in the fund. Any money deposited in the fund, the use of which has been restricted by law, may only be expended in accordance with those restrictions. Except as provided in section 3 of this act, the department may make disbursements from the fund. The fund is not subject to legislative appropriation.
NEW SECTION. Sec. 96. (1) On the effective date of this section, all powers, duties, and functions of the department of agriculture under chapters 16.57, 16.58, and 16.65 RCW except those identified as remaining with the department in RCW 16.65.350 and 16.65.360 are transferred to the livestock identification board. The authority to adopt rules regarding those powers, duties, and functions is transferred to the livestock identification board and the administration of those powers, duties, and functions is transferred to the board.
(2)(a) All funds, credits, or other assets, including but not limited to those in the agricultural local fund, held by the department of agriculture in connection with the powers, functions, and duties transferred shall be assigned to the board.
(b) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules of the department of agriculture adopted under chapter 16.57 RCW in effect on the effective date of this section, all rules adopted by the department under chapter 16.58 RCW in effect on the effective date of this section, and all rules adopted by the department under chapter 16.65 RCW, except for those adopted under the authorities retained by the department under RCW 16.65.350 and 16.65.360, in effect on the effective date of this section are, on the effective date of this section, rules of the livestock identification board. All proposed rules and all pending business before the department of agriculture pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the board. All existing contracts and obligations shall remain in full force and shall be performed by the board. All registrations made with the department under chapter 16.57 RCW, all licenses issued by the department under chapter 16.58 RCW, and all licenses issued by the department under chapter 16.65 RCW before the effective date of this section shall be considered to be registrations with and licenses issued by the board.
(4) The transfer of the powers, duties, and functions of the department of agriculture shall not affect the validity of any act performed before the effective date of this section. The board shall take action to enforce against violations of chapters 16.57, 16.58, and 16.65 RCW and rules adopted thereunder regarding authorities transferred to the board by this act which occurred before the effective date of this section and for which enforcement is not taken by the department before the effective date of this section with the same force and effect as it may take actions to enforce chapters 16.57 and 16.58 RCW and rules adopted thereunder after the effective date of this section. Any enforcement action taken by the department of agriculture under chapter 16.57, 16.58, or 16.65 RCW regarding authorities transferred to the board by this act, or the rules adopted thereunder and not concluded before the effective date of this section, shall be continued in the name of the board.
(5) As used in this section "livestock identification board" and "board" means the board created under RCW 16.57.015.
NEW SECTION. Sec. 97. The following acts or parts of acts are each repealed:
1. 1997 c 356 s 3;
2. 1997 c 356 s 5;
3. 1997 c 356 s 9;
4. 1997 c 356 s 11;
5. RCW 16.57.380 and 1991 c 110 s 8, 1981 c 296 s 22, & 1974 ex.s. c 38 s 1; and
6. RCW 16.65.110 and 1959 c 107 s 11.
NEW SECTION. Sec. 98. This act takes effect July 1, 1998, except that appointments may be made by the governor and proposed contracts may be developed under RCW 16.57.015 prior to July 1, 1998, to provide for an orderly transition of authority under this act."
On page 1, line 1 of the title, after "livestock;" strike the remainder of the title and insert "amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.030, 16.57.040, 16.57.070, 16.57.080, 16.57.090, 16.57.100, 16.57.105, 16.57.110, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.350, 16.57.360, 16.57.370, 16.57.400, 16.57.407, 16.57.410, 16.57.420, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.120, 16.58.130, 16.58.140, 16.58.150, 16.58.160, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.050, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.190, 16.65.200, 16.65.220, 16.65.235, 16.65.250, 16.65.260, 16.65.270, 16.65.280, 16.65.290, 16.65.300, 16.65.310, 16.65.320, 16.65.330, 16.65.340, 16.65.350, 16.65.360, 16.65.420, 16.65.422, 16.65.423, 16.65.424, 16.65.445, 16.65.450, 16.04.025, and 43.23.230; reenacting and amending RCW 41.06.070; adding a new section to chapter 16.57 RCW; adding a new section to chapter 42.17 RCW; creating a new section; repealing RCW 16.57.380 and 16.65.110; repealing 1997 c 356 s 3; repealing 1997 c 356 s 5; repealing 1997 c 356 s 9; repealing 1997 c 356 s 11; prescribing penalties; and providing an effective date."
Representative Honeyford moved the adoption of amendment (969) to the striking amendment (960):
On page 3, line 15 of the amendment strike "and five" insert ", who shall be a non-voting member, and five voting"
Representative Honeyford spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Chandler spoke in favor of the adoption of the amendment (960) as amended.
Representative Linville spoke against the adoption of the amendment (960) as amended.
Division was demanded. The Speaker (Representative Pennington presiding) divided the House. The results of the division was 55-YEAS; 41-NAYS.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Honeyford spoke in favor of passage of the bill.
Representative Linville spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2887.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2887 and the bill passed the House by the following vote: Yeas - 54, Nays - 42, Absent - 0, Excused - 2.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sheahan, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 54.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Regala, Robertson, Romero, Scott, Sommers, H., Sullivan, Thomas, L., Tokuda, Veloria, Wolfe and Wood - 42.
Excused: Representatives Sehlin and Sherstad - 2.
Engrossed Substitute House Bill No. 2887, having received the constitutional majority, was declared passed.
RESOLUTION
HOUSE RESOLUTION NO. 98-4695, by Representatives Kastama, Schoesler, Sheahan, Hatfield, Cooper, Conway and McDonald
WHEREAS, The residents of this state are still glowing with pride over the accomplishments of the 1997 Washington State University Cougars football team; and
WHEREAS, The Cougars, led by Coach of the Year Mike Price and All-American Quarterback Ryan Leaf, enjoyed their best season since 1931, defeating the UCLA Bruins, the USC Trojans, and the Arizona Wildcats while winning ten games this season; and
WHEREAS, The tenth win of that season came in Husky Stadium, where the Cougars won the Apple Cup and earned their first Rose Bowl appearance since 1931; and
WHEREAS, The Washington State Cougars, played with pride, poise, and spirit in taking the battle to the University of Michigan Wolverines; and
WHEREAS, Mike Price, the architect of this wonderful season, having survived the slings and arrows of the media, alumni, and University of Washington alums since 1989, has forever put to rest the expression, "Cougin' it," a term that Husky alums once tortured Cougar fans with; and
WHEREAS, Mike Price has been honored by The Sporting News, the Football Writers of America, the American Football Coaches Association, and the Bobby Dowd Foundation as the 1997 Coach of the Year; and
WHEREAS, Mike Price has sent to the National Football League talent including Drew Bledsoe, Steve Broussard, Mark Fields, and Ryan Leaf; and
WHEREAS, Unlike many other football coaches who rebuild programs only to leave for greener pastures, Mike Price has chosen to stay at Washington State University, the school where he earned his master's degree in physical education and got his first college football coaching position in 1969;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the Washington State University Cougars football team and their head coach Mike Price for their glorious season and for the sense of pride the team brought to both sides of the Cascades; and
BE IT FURTHER RESOLVED, That copies of this resolution be forwarded by the Chief Clerk of the House of Representatives to the Honorable Gary Locke, Governor of the State of Washington; the Honorable Brad Owen, Lieutenant Governor of the State of Washington and President of the Washington State Senate; the Honorable Clyde Ballard, Speaker of the House of Representatives; Samuel H. Smith, President of Washington State University; Richard R. Albrecht, President of the Board of Regents of Washington State University; and Rick Dickson, Director of Athletics at Washington State University.
Representative Kastama moved adoption of the resolution.
Representatives Kastama, Sheahan, Chopp, B. Thomas, Schoesler, Parlette, Doumit, Cooper, D. Sommers, Ogden and Lantz spoke in favor of the adoption of the resolution.
House Resolution No. 4695 was adopted.
There being no objection, the House advanced to the seventh order of business.
THIRD READING
HOUSE JOINT MEMORIAL NO. 4011, by Representatives Boldt and Dunn
Requesting Congress to review the impact of the Columbia River Gorge National Scenic Area Act.
Representatives Boldt and Honeyford spoke in favor of the passage of the memorial.
Representatives Ogden spoke against the passage of the memorial.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Joint Memorial No. 4011.
ROLL CALL
The Clerk called the roll on the final passage of House Joint Memorial No. 4011 and the memorial passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Eickmeyer, Hatfield, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hankins, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
House Joint Memorial No. 4011, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2496, by Representatives Buck, Doumit, Anderson, Sump, D. Sommers, Clements, Butler, Schoesler, Honeyford, Thompson, D. Schmidt, Linville, Chandler, Johnson, Regala, Hatfield, O'Brien, Dickerson, Ogden, Cooper, Kessler, Gardner, Conway and Eickmeyer
Developing the critical path schedule for salmon recovery.
The bill was read the second time. There being no objection, Substitute House Bill No. 2496 was substituted for House Bill No. 2496 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2496 was read the second time.
Representative Buck moved the adoption of amendment (971):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to recover the salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.
The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated state-wide manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks within the state while also addressing improvements to water quality.
The legislature also recognizes that a science-based approach that incorporates adaptive management strategies will be needed to help salmon stocks recover, and that an effective monitoring system is essential for implementing adaptive management. The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.
The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science team is needed to provide scientific review and oversight; regional councils should be formed to provide a mechanism to include local knowledge and decision making into salmon recovery efforts; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.
(2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects under section 11 of this act.
(3) "Department" means the department of fish and wildlife.
(4) "Director" means the director of the department of fish and wildlife.
(5) "Habitat project" includes habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation efforts, and habitat project maintenance and monitoring activities.
(6) "Natural resources-related state agencies" includes the department of natural resources, the department of fish and wildlife, the department of transportation, the parks and recreation commission, the Puget Sound water quality action team, the interagency committee for outdoor recreation, the conservation commission, the department of ecology, the department of agriculture, the department of health, and the department of community, trade, and economic development.
(7) "Region" or "regional" means an area of the state that is identified as being the boundaries of a regional fisheries enhancement group.
(8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.
(9) "Schedule" means a habitat work schedule adopted by a regional council under section 7 of this act.
(10) "Tribe" or "tribes" means federally recognized Indian tribes.
(11) "Work plan" means a habitat work plan prepared by a regional council under section 11 of this act.
NEW SECTION. Sec. 3. By December 31, 1998, the governor shall submit a summary of the implementation of this act to the legislature, and include recommendations to the legislature that would further the success of salmon recovery. The recommendations may include: (1) The need to expand or improve nonregulatory programs and activities; (2) the need to expand or improve state and local laws and regulations; and (3) the feasibility of forming a state-wide or regional community foundation or any other funding alternatives to assist in financing salmon recovery efforts.
NEW SECTION. Sec. 4. Beginning in 1999, the governor shall submit a biennial state of the salmon report to the legislature during the first week of December. The report may include the following:
(1) A region-by-region description of the amount of funds, including volunteer, private, and state, federal, tribal as available, and local government money directly spent on salmon recovery in response to endangered species act listings;
(2) A summary of habitat projects including but not limited to:
(a) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;
(b) A summary of salmon restoration efforts undertaken in the past two years; and
(c) A summary of the role which private volunteer initiatives and institutions of higher education contribute in salmon habitat restoration efforts;
(3) A summary of collaborative efforts undertaken with adjoining states or Canada;
(4) A summary of fish management activities affecting salmon recovery;
(5) A summary of information regarding impediments to successful salmon recovery efforts. The summary may include information on delays in obtaining approval or assistance from federal agencies, gaps or conflicts in state statutes, delays due to jurisdictional disputes, land management practices or other activities that are contributing to the degradation of salmon habitat, the lack of water or poor water quality during certain times of the year for certain stream segments, naturally based causes, international disputes, and any impediments to the success of regional councils;
(6) Information on the estimated carrying capacity of new habitat created pursuant to chapter . . ., Laws of 1998 (this act);
(7) A summary of the number and types of violations of existing laws pertaining to: (a) Water quality; and (b) salmon. The summary shall include information about sanctions imposed for these violations; and
(8) Recommendations to the legislature that would further the success of salmon recovery. The recommendations may include: (a) The need to expand or improve nonregulatory programs and activities; and (b) the need to expand or improve state and local laws and regulations.
NEW SECTION. Sec. 5. There is created the salmon recovery office within the office of the governor for the purpose of having a coordinated state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. By April 1, 1998, the governor shall appoint an executive director for the office. The executive director shall serve at the pleasure of the governor. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.
The salmon office may consist of up to eight total staff, including the executive director. At least one of the permanent staff positions shall be reserved for a person who is knowledgeable in tribal fishery interests. At least two of the staff shall be employees of the department. Other agencies including the department may transfer existing staff as agreed to by the agencies and deemed necessary to achieve the duties of the salmon recovery office.
The governor's salmon recovery office may undertake activities on a state-wide or evolutionarily significant unit basis designed to improve the health of salmon, which may include the following:
(1) Assist the fish and wildlife commission in the negotiation of international and interstate compacts or treaties affecting salmon recovery;
(2) Act as liaison to the state congressional delegation, United States congress, federally recognized tribes, and the federal executive branch for issues related to the state's endangered species act salmon recovery plans;
(3) Coordinate the delivery of technical assistance to regional councils for the development and implementation of habitat work schedules and habitat work plans. State natural resources-related agencies shall provide ongoing technical assistance to regional councils;
(4) Review work plans with federal and tribal governments and state agencies, for conflict with applicable laws and treaties;
(5) Any other services requested by a region that are reasonably related to the development or implementation of a salmon habitat restoration plan and agreed to by the executive director;
(6) Establish a uniform state-wide reporting system for regional councils to collect information necessary to address topics that must be included as part of the governor's state of the salmon report;
(7) Provide information to regional councils that has been developed or collected by state and federal agencies;
(8) Develop electronic access to up-to-date information pertaining to salmon;
(9) Develop a data system to track information pertaining to the number and types of violations of existing laws pertaining to water quality and salmon, including information about sanctions imposed for these violations; and
(10) Coordinate and assist in the development of salmon recovery plans for evoluntionarily significant units, and submit those plans to the appropriate federal agencies in response to the federal endangered species act.
NEW SECTION. Sec. 6. (1) The department shall authorize the creation of, and establish the boundaries for, up to four new regional fisheries enhancement groups in the state. Up to three of the new groups may be located in eastern Washington and one new group may be located in western Washington.
(2) The boundaries served by a regional fisheries enhancement group shall constitute the boundaries of a region for the purpose of developing a habitat work plan. The department, after consultation with affected parties, may by rule adjust the boundaries of a regional fisheries enhancement group area.
(3) One or more regional councils may combine into a single area to carry out the purposes of chapter . . ., Laws of 1998 (this act).
NEW SECTION. Sec. 7. (1) There are established regional councils for the purpose of developing habitat work schedules and habitat work plans as outlined in section 11 of this act.
(2)(a) The regional council shall consist of: (i) Qualified representation of cities, counties, special purpose districts, state, and tribal governments; (ii) conservation districts; and (iii) project sponsors, regional fisheries enhancement groups, and other restoration interests.
(b) The nongovernmental participants shall predominately be residents of the regions and reflect a reasonably balanced representation between economic and other interests representing environmental, recreation, and other concerns.
(3) The department, in consultation with the appropriate local, state, tribal, and federal governmental agencies shall convene a public meeting to establish a regional council. The department shall assure the time, place, and location of the convening meeting or meetings is well advertised.
(4)(a) An existing group may serve as the regional council. To be considered, the representation of governmental entities and interest groups on such a planning group must be generally similar to the representation identified in subsection (2) of this section. The existing group chosen in this manner plus any new members as in subsection (2) of this section will constitute the regional council for developing salmon habitat work plans under this chapter.
(b) In the event that two or more groups are seeking recognition from the department, the following criteria shall be used:
(i) A group that has been in existence shall be given preference;
(ii) A group that most closely resembles the representation identified in subsection (2) of this section shall be given preference; and
(iii) A group that has the broadest representation of the community shall be given preference.
(c) The department shall endeavor to ensure that members of a group not selected as a regional council are allowed to participate in habitat restoration activities.
(5) The department, in consultation with the local government entities in the region, shall formally recognize a regional council when the criteria under subsection (2) of this section are met.
(6) A regional council may invite representatives of federal agencies as appropriate to assist the regional council in the development of a salmon habitat work plan.
(7) Council members who are also project sponsors shall not participate in decision making on projects for which the member is the project sponsor and for which the member will recognize a direct financial benefit from the project.
NEW SECTION. Sec. 8. The regional council shall convene a technical assistance group consisting of federal, state, tribal, local, and private individuals with appropriate expertise to provide the technical services identified in section 11 of this act. Where appropriate, the conservation district within the region will take a lead in developing and maintaining relationships between the technical assistance groups and the private landowner project sponsors under section 9 of this act.
NEW SECTION. Sec. 9. (1) "Project sponsors" may include regional fisheries enhancement groups, private landowners, citizen groups, tribes, governmental entities, or nongovernmental entities implementing habitat projects. For a federal, state, or local governmental entity to be considered a project sponsor, it must manage riparian and littoral land in the region.
(2) Within a region, a group of project sponsors may be organized around a river, tributary, estuary, or subbasin of a watershed.
(3) Project sponsors undertake projects which have been prioritized by regional councils pursuant to section 11 of this act.
NEW SECTION. Sec. 10. (1) The regional council shall:
(a) Prioritize the habitat projects identified by a technical assistance group and project sponsors. The purpose of the prioritization is to rank projects in a manner that maximizes the habitat capable of establishing healthy populations of salmon;
(b) Develop and submit a habitat work plan as required under section 11 of this act; and
(c) Hold open, public meetings.
(2) The regional council may:
(a) Select an administrator and an administrative assistant and establish their responsibilities;
(b) Administer any available funds to project implementers for salmon restoration efforts;
(c) Establish a name for the regional council; and
(d) Contract for habitat projects.
NEW SECTION. Sec. 11. (1) Critical pathways methodology shall be used to develop a habitat work schedule and a habitat work plan that ensures salmon restoration activities within each region will be prioritized and implemented in a logical sequential manner that produces habitat capable of carrying healthy populations of salmon. The development of a habitat work schedule and a habitat work plan shall rely, to the extent possible, on existing information.
(2)(a) The regional council shall develop a habitat work schedule to prioritize and determine the order in which habitat projects within the region will be accomplished.
(b) The work schedule shall:
(i) Identify limiting factors for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical assistance group convened under section 8 of this act has lead responsibility for this task;
(ii) Identify and prioritize categories of projects, and prioritize between these categories, to respond to the limiting factors related to habitat identified by the technical assistance group. The technical assistance group convened under section 8 of this act has lead responsibility for this task;
(iii) Identify local habitat projects that sponsors are willing to undertake. Project sponsors have lead responsibility for this task;
(iv) Prioritize individual habitat projects to assure maximum benefit to salmon recovery. The regional council is responsible for this task, and shall consider salmon recovery efforts which are already being conducted in the region when developing the list of prioritized projects;
(v) Identify appropriate funding sources. The regional council has the lead responsibility for this task;
(vi) Issue requests for project proposals. The department of fish and wildlife, the department of transportation, and the conservation commission have lead responsibility for this task;
(vii) Review, evaluate, and rank project proposals. The department of fish and wildlife, the department of transportation, and the conservation commission shall jointly review and evaluate project proposals in order to fund projects which will be beneficial to improving habitat for fish which are listed under the federal endangered species act or are considered to be weak stock;
(viii) Fund high priority projects, subject to available funding, and any constraints on that funding. The department of fish and wildlife, the department of transportation, the conservation commission, and any other funding entity have lead responsibility for this task. If the agencies find that one or more high priority projects for the region do not have a capable project sponsor, the agencies must gain support from a willing project sponsor prior to funding the project; and
(ix) Identify how projects will be monitored and evaluated. The regional council, in consultation with the technical assistance group and project sponsors, has lead responsibility for coordinating this task.
(c) The habitat work plan consists of the habitat work schedule as well as the following information:
(i) A list of the limiting factors for salmon in the region identified by the technical assistance group or by any watershed assessment in the region;
(ii) A list of the entity or entities performing the habitat projects;
(iii) A description of the adaptive management process that will be used to develop subsequent work plans;
(iv) The start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species, of each project; and
(v) An assessment of all available private, local, tribal, state, and federal government resources available for projects identified in the schedule.
(3) The regional council shall submit a copy of the work plan to the salmon recovery office and to the independent science panel for review. The regional council may also implement those projects for which it has been able to obtain funding. Individual habitat work schedules may be prepared for a river, tributary, estuary, or subbasin of a watershed in a manner that allows the schedules to be combined to create a report which shows the recovery effort within a region, the state, or for specific runs of fish.
(4) The habitat work plans shall be updated on an annual basis to depict new activities, report progress on projects, show completion of scheduled activities, determine which recovery efforts were successful, and show where adaptive management is required to address those recovery efforts that failed.
NEW SECTION. Sec. 12. (1)(a) An independent science panel is hereby created consisting of five scientists appointed by the governor. The governor shall appoint the members of the independent science panel to a term of four years. The independent science panel members shall elect the chair of the panel among themselves every two years.
(b) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the chair of the house of representatives natural resources committee, and the chair of the senate natural resources and parks committee. The chair of the senate committee and the chair of the house of representatives committee may each remove one person from the list of recommended candidates submitted by the institution conducting the screening. The governor may remove two persons from the list of recommended candidates. The governor shall appoint the remaining five recommended candidates on the list as the members of the independent science panel.
(2) Membership of the independent science panel shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, and requirements for fully functioning ecosystems on a watershed basis.
(3) Members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as pursuant to RCW 43.03.050 and 43.03.060.
(4) Except as provided in section 13(3) of this act, the governor's office shall provide all necessary administrative support to the independent science panel.
(5) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts, and not to make policy decisions which are the responsibility of decision makers.
NEW SECTION. Sec. 13. The independent science panel shall have the following responsibilities:
(1) Reviewing and evaluating the intended outcomes and performance measures of regionally developed habitat work plans. Comparable habitat restoration plans that have already undergone independent scientific review before the effective date of this act are not subject to review by the independent science panel under this subsection;
(2) Developing, in cooperation with the Puget Sound ambient monitoring program, model monitoring programs for water quality and salmon habitat protection and restoration that may be used in regional salmon restoration efforts to track quantifiable performance measures. The Puget Sound action team, created in RCW 90.71.020, shall provide staff support to the independent science panel in the development of the model monitoring programs; and
(3) Reporting to the governor and the legislature on adaptive management recommendations, performance measures, and intended outcomes for habitat work plans.
NEW SECTION. Sec. 14. (1)(a) The legislature finds that:
(i) The health of many salmon stocks around the state have declined significantly and are currently in a critical or depressed condition;
(ii) Citizen involvement will be essential if the general decline in salmon health is to be reversed;
(iii) Citizens can and will show a remarkable level of involvement and commitment to restoring salmon and the healthy rivers and streams that salmon depend on; and
(iv) This level of involvement can be achieved if the program is voluntary, nongovernmental, and widely advertised.
(b) The legislature therefore declares it is in the public interest for regional councils to utilize existing regional fishery enhancement groups and other private nonprofit volunteer groups for the habitat volunteer restoration initiative as provided in this chapter.
(c) The initiative shall be designed to create a very high level of public awareness of salmon issues and how citizens can be involved in positive solutions.
(2) The volunteer habitat restoration account is created in the state treasury to be administered by the department. The department may expend funds from this account only for volunteer restoration initiatives under subsection (3) of this section, for technical assistance to the projects, and for the administration of these projects. Moneys may be spent only after appropriation.
(3) A volunteer habitat restoration initiative is created when a memorandum of understanding is signed by the director, an administrator for a regional council, and a nonprofit entity or a collaborative group of nonprofit entities. The terms of the agreement shall specify the responsibilities of each party to include but not be limited to the following:
(a) The regional council in cooperation with the volunteer group shall identify:
(i) The types of projects that are appropriate for volunteers to undertake;
(ii) The outcome that each project is to achieve; and
(iii) The duration of the initiative.
(b) The department shall identify:
(i) A mechanism to streamline permit requirements for projects that are identified in a work plan;
(ii) Staff resources available to provide training or technical assistance to the project; and
(iii) The amount of funds that will be provided by the department.
(c) The nonprofit entity or nonprofit entities shall:
(i) Recruit volunteers;
(ii) Provide training appropriate to the project undertaken;
(iii) Deploy volunteers with sufficient resources to meet the outcomes established for the project;
(iv) Seek additional funds from private and other sponsors;
(v) Work with private landowners, the technical assistance group, and governmental entities to identify project opportunities;
(vi) Work with the appropriate local and state government personnel to identify technical assistance needs and permitting obstacles; and
(vii) Work with the media to develop a high level of public awareness about the initiative.
Sec. 15. RCW 90.71.005 and 1996 c 138 s 1 are each amended to read as follows:
(1) The legislature finds that:
(a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine resource;
(b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;
(c) The large number of governmental entities that now have regulatory programs affecting the water quality and the aquatic and upland habitats of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and
(d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.
(2) It is therefore the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible. To further the policy of the state, a recovery plan developed under the federal endangered species act for a portion or all of the Puget Sound shall be considered for inclusion into the Puget Sound water quality management plan.
Sec. 16. RCW 90.71.020 and 1996 c 138 s 3 are each amended to read as follows:
(1) The Puget Sound action team is created. The action team shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; one person representing cities, appointed by the governor; one person representing counties, appointed by the governor; one person representing federally recognized tribes, appointed by the governor; and the chair of the action team. The action team shall also include the following ex officio nonvoting members: The regional director of the United States environmental protection agency; the regional supervisor of the national marine fisheries service; and the regional supervisor of the United States fish and wildlife service. The members representing cities and counties shall each be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(2) The action team shall:
(a) Prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget;
(b) Coordinate monitoring and research programs as provided in RCW 90.71.060;
(c) Work under the direction of the action team chair as provided in RCW 90.71.040;
(d) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;
(e) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented on the action team;
(f) Periodically amend the Puget Sound management plan;
(g) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;
(h) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the action team. The action team may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;
(i) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;
(j) Receive and expend funding from other public agencies;
(k) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan for the purpose of eliminating and consolidating reporting requirements; and
(l) Beginning in December 1998, and every two years thereafter, submit a report to the appropriate policy and fiscal committees of the legislature that describes and evaluates the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound.
(3) By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff.
(4) The action team shall incorporate, to the maximum extent possible, the recommendations of the council regarding amendments to the Puget Sound (([management])) management plan and the work plan.
(5) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW.
Sec. 17. RCW 90.71.030 and 1996 c 138 s 4 are each amended to read as follows:
(1) There is established the Puget Sound council composed of ((nine)) eleven members. ((Seven)) Nine members shall be appointed by the governor. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, commercial fishers, recreational fishers, counties, cities, and the tribes. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the council. Appointments to the council shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.
(2) The council shall:
(a) Recommend to the action team projects and activities for inclusion in the biennial work plan;
(b) Recommend to the action team coordination of work plan activities with other relevant activities, including but not limited to, agencies' activities other than those funded through the plan, local plan initiatives, and governmental and nongovernmental watershed restoration and protection activities; and
(c) Recommend to the action team proposed amendments to the Puget Sound management plan.
(3) The chair of the action team shall convene the council at least four times per year and shall jointly convene the council and the action team at least two times per year.
Sec. 18. RCW 90.71.050 and 1996 c 138 s 6 are each amended to read as follows:
(1)(a) Each biennium, the action team shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife. The work plan and budget shall include specific actions and projects pertaining to salmon recovery plans.
(b) In developing a work plan, the action team shall meet the following objectives:
(i) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound;
(ii) Consider the problems and priorities identified in local plans; and
(iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.
(c) In developing a budget, the action team shall identify:
(i) The total funds appropriated to implement local projects originating from the planning process developed for nonpoint pollution; and
(ii) The total funds to implement any other projects designed primarily to restore salmon habitat.
(2) In addition to the requirements identified under RCW 90.71.020(2)(a), the work plan and budget shall:
(a) Identify and prioritize the local and state actions necessary to address the water quality problems in the following locations:
(i) Area 1: Island and San Juan counties;
(ii) Area 2: Skagit and Whatcom counties;
(iii) Area 3: Clallam and Jefferson counties;
(iv) Area 4: Snohomish, King, and Pierce counties; and
(v) Area 5: Kitsap, Mason, and Thurston counties;
(b) Provide sufficient funding to characterize local watersheds, provide technical assistance, and implement state responsibilities identified in the work plan. The number and qualifications of staff assigned to each region shall be determined by the types of problems identified pursuant to (a) of this subsection;
(c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to RCW 90.71.060;
(d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;
(e) Provide sufficient funding to provide support staff for the action team; and
(f) Describe any proposed amendments to the Puget Sound (([management])) management plan.
(3) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.
(4) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.
(5) In the event that any Puget Sound salmon species are proposed for listing under the federal endangered species act, the chair of the action team shall submit the current work plan to the appropriate federal administrator and shall request that the work plan be evaluated for its ability to protect and recover the species for which the listing is proposed.
NEW SECTION. Sec. 19. (1) The departments of transportation, fish and wildlife, and ecology, and tribes shall convene a work group to develop a process to evaluate mitigation proposals. The work group shall seek technical assistance to ensure that federal, state, treaty-right, and local environmental laws and ordinances are met.
(2) The framework shall include:
(a) All elements of mitigation, including but not limited to data requirements, decision making, state and tribal agency coordination, and permitting; and
(b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the criteria in chapter 90.74 RCW.
(3) The appropriate agency or affected interests should collaborate with project proponents and the regional council to identify projects that offer mitigation opportunities. Mitigation funds may be used to implement projects identified by a regional council in a regional council's work plan to mitigate for the impacts of a transportation or other development proposal or project.
(4) For the purposes of this section, "mitigation" has the same meaning as provided in RCW 90.74.010.
NEW SECTION. Sec. 20. Sections 1 through 14 of this act constitute a new chapter in Title 75 RCW.
NEW SECTION. Sec. 21. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 22. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Representatives Buck and Regala spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Buck, Doumit, Regala, Butler, Alexander, Anderson, Mastin and Eickmeyer spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2496.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2496 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2496, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2769, by Representatives Clements, Sheahan, Zellinsky, Wensman, McMorris, Honeyford, Lisk, Sterk, Lambert and Mulliken
Establishing procedure for reporting felonies by state employees.
The bill was read the second time. There being no objection, Substitute House Bill No. 2769 was substituted for House Bill No. 2769 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2769 was read the second time.
Representative Clements moved the adoption of amendment (959):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Each state agency and institution of higher education shall develop and make available to all employees, by September 1, 1998, a policy that:
(a) Provides that when the agency or institution of higher education has reasonable cause to believe, based on an internal agency reporting process or any investigation, that a crime against a person has been perpetrated by a state employee and that such crime involves conduct occurring in, or related to, the workplace, the agency or institution of higher education must report the incident to the office of crime victims advocacy within a reasonable time, not to exceed seven days;
(b) Provides that when the agency or institution of higher education has reasonable cause to believe, based on an internal agency reporting process or any investigation, that a crime not constituting a crime against a person has been perpetrated by a state employee and that such crime involves conduct occurring in, or related to, the workplace, the agency or institution of higher education must report the incident to the attorney general within a reasonable time, not to exceed ten days;
(c) Provides procedures for an agency or institution of higher education to, within its discretion, report directly to law enforcement or the local prosecutor when the agency or institution of higher education has reasonable cause to believe, based on an internal agency reporting process or any investigation, that a crime has been perpetrated by a state employee involving conduct occurring in, or related to, the workplace and that the crime poses a substantial risk to the public;
(d) Provides that the agency or institution of higher education shall forward any information uncovered in the investigation to the agency it is reporting to; and
(e) Informs employees of the services and resources available to victims from the office of crime victims advocacy.
(2) "Crimes against persons" are those crimes listed as crimes against persons in RCW 9.94A.440.
NEW SECTION.
Sec. 2. (1) The attorney general shall develop and make available to its employees, by September 1, 1998, a policy that, when receiving a report from a state agency or institution of higher education under section 1 of this act:(a) Provides procedures for investigating, reporting, and resolving incidents that are reported;
(b) Requires the attorney general to work with the state agency or institution of higher education in resolving the incident;
(c) Requires that the attorney general will act in a manner that protects the victim, the citizens of the state, and the state; and
(d) Requires the attorney general to report to a law enforcement agency or local prosecutor all instances of crimes that are not crimes against persons. "Crimes against persons" are those crimes listed as crimes against persons in RCW 9.94A.440.
(2) The attorney general shall report annually to the legislature on the number of reports it has received from state agencies. The attorney general shall submit copies of the report to the speaker of the house of representatives, the majority and minority leaders of the senate, and the governor. The report shall provide the following information: The name of the agency which originated the report; the type of crime; what services if any were offered to the victim; the results of any investigation undertaken by an agency; the costs incurred by the agency for investigating and adjudicating, including settling, the incident, and whether the crime was reported to law enforcement. The report shall not divulge the identify of, or any identifying information about, the victim or alleged perpetrator.
NEW SECTION. Sec. 3. (1) The office of crime victims advocacy shall provide technical assistance to agencies in the development of their policies. The office shall provide any employees subject to the policies with referrals to needed crime victim services and resources.
(2) The office shall report quarterly to the legislature on the number of reports it has received from state agencies. The office shall submit copies of the report to the speaker of the house of representatives and the minority leader of the house of representatives, the majority and minority leaders of the senate, and the governor. The report shall provide the following information: The name of the agency which originated the report; the type of crime; what services if any were offered to the victim; the results of any investigation undertaken by an agency; the costs incurred by the agency for investigating and adjudicating, including settling, the incident, and whether the incident was reported to law enforcement. The report shall not divulge the identity of, or any identifying information about, the victim or alleged perpetrator.
NEW SECTION. Sec. 4. Sections 1 and 3 of this act are each added to chapter 41.04 RCW. Section 2 of this act is added to chapter 43.10 RCW.
NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriates act, this act is null and void."
Representatives Clements and Costa spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and Costa spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2769.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2769 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Delvin, McDonald, Robertson and Sterk - 4.
Engrossed Substitute House Bill No. 2769, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2819, by Representatives Buck, Regala and Chandler; by request of Department of Fish and Wildlife
Requiring display of a vehicle use permit while using department of fish and wildlife improved access facilities.
The bill was read the second time. There being no objection, Substitute House Bill No. 2819 was substituted for House Bill No. 2819 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2819 was read the second time.
Representative Chandler moved the adoption of amendment (887):
On page 2, line 4, after "((annually))." insert "A person to whom the department has issued a decal or who has purchased a vehicle use permit separately may purchase a decal from the department for each additional vehicle owned by the person at a cost of five dollars per decal upon a showing of proof to the department that the person owns the additional vehicle or vehicles."
Representatives Chandler and Regala spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Buck and Regala spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2819.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2819 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.
Voting nay: Representatives Delvin, McDonald, Robertson and Sterk - 4.
Engrossed Substitute House Bill No. 2819, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2303, by Representatives Chandler, Regala, Huff, Kastama, Bush, McDonald, Sullivan and Linville
Regulating public water systems.
The bill was read the second time. There being no objection, Substitute House Bill No. 2303 was substituted for House Bill No. 2303 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2303 was read the second time.
Representative Linville moved the adoption of amendment (931):
On page 5, after line 22, insert the following:
"(10) An intertie shall not be used to deliver a primary or secondary supply of water to a receiving system on a temporary basis unless the terms of the intertie agreement specify the source of the water that will be used by the receiving system to replace the water delivered on the temporary basis and provide that replacement water will be available for delivery to or use by the receiving system before delivery by the supplying system under the agreement is terminated. However, if a primary or secondary supply of water is delivered to a receiving system on a temporary basis by means of an intertie on the effective date of this subsection and the agreement between the supplying system and receiving system does not contain such provision for such a replacement supply of water for the receiving system, the delivery of the water by the supplying system to the receiving system shall not be terminated until the agreement is modified to establish such provisions and such replacement water is available for delivery to or use by the receiving system."
Representative Linville spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2303.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2303 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2303, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2340, by Representatives Thompson, Mulliken, Pennington, Gardner, Romero, Backlund, Anderson, Lambert, Boldt and Lantz
Providing wetlands technical assistance to owners of wetlands.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2340 was substituted for House Bill No. 2340 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2340 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Thompson and Romero spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2340.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2340 and the bill passed the House by the following vote: Yeas - 86, Nays - 12, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Carlson, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Lambert, Lantz, Linville, Lisk, Mason, McCune, McDonald, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 86.
Voting nay: Representatives Cairnes, Carrell, Chandler, Dunn, Koster, Mastin, McMorris, Mulliken, Parlette, Sherstad, Sump and Talcott - 12.
Second Substitute House Bill No. 2340, having received the constitutional majority, was declared passed.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HB 3121 by Representatives Radcliff, Robertson, Fisher, Schoesler and K. Schmidt
AN ACT Relating to confidentiality of certain public transportation information; and adding a new section to chapter 42.17 RCW.
Referred to Committee on Government Administration.
HB 3122 by Representative Ballasiotes
AN ACT Relating to work ethic camp programs; and repealing RCW 72.09.420.
Referred to Committee on Criminal Justice & Corrections.
HB 3123 by Representatives Mulliken, Sullivan, Thompson and Mielke
AN ACT Relating to senate confirmation of growth management hearings board members; and amending RCW 36.70A.260.
HB 3124 by Representatives Johnson, Talcott, Smith, Hickel, Sterk, Sump, Mastin, Radcliff, Benson, Mielke, Sherstad, Backlund and Delvin
Establishing reading improvement programs.
SB 5258 by Senators Hochstatter, Zarelli, Finkbeiner, McAuliffe, Rasmussen and Goings
Providing medical assistance in public schools.
Referred to Committee on Education.
SSB 5853 by Senate Committee on Government Operations (originally sponsored by Senators Goings, McCaslin, Haugen, Winsley and Rasmussen)
Authorizing larger fire protection districts to issue warrants for payment of obligations.
Referred to Committee on Government Administration.
ESB 6142 by Senators Kline, Roach, Patterson, Fairley, Swecker, T. Sheldon, Goings, Rasmussen, Oke and Benton
Imposing administrative license suspensions on first-time DUI offenders.
Referred to Committee on Law & Justice.
SSB 6150 by Senate Committee on Natural Resources & Parks (originally sponsored by Senator Swecker)
Requiring recommendations concerning selective fishing strategies.
Referred to Committee on Natural Resources.
ESSB 6152 by Senate Committee on Ways & Means (originally sponsored by Senator Swecker; by request of Parks and Recreation Commission)
Managing state park lands.
Referred to Committee on Natural Resources.
SB 6158 by Senators Morton and Rasmussen
Repealing duplicate authority for the Washington state wheat commission.
Referred to Committee on Agriculture & Ecology.
SB 6160 by Senators Morton and Rasmussen
Repealing the authority for reclamation districts over one million acres.
Referred to Committee on Agriculture & Ecology.
ESSB 6165 by Senate Committee on Law & Justice (originally sponsored by Senators Rossi, Roach, Rasmussen, Goings, T. Sheldon, McCaslin, Strannigan, Zarelli, Long, Deccio, Oke, Kline, Wood, Schow, Swecker, Stevens, Haugen, Johnson, Benton and Winsley)
Directing mandatory ignition interlocks for DUI offenders.
Referred to Committee on Law & Justice.
ESSB 6166 by Senate Committee on Law & Justice (originally sponsored by Senators Rossi, Roach, Fairley, Goings, T. Sheldon, McCaslin, Strannigan, Zarelli, Long, Deccio, Oke, Rasmussen, Wood, Kline, Schow, Patterson, Swecker, Stevens, Haugen, McAuliffe, Kohl, Johnson and Benton)
Increasing penalties for drunk driving.
Referred to Committee on Law & Justice.
Clarifying requirements for service of petitions for review on agencies.
Referred to Committee on House Government Reform & Land Use.
SB 6173 by Senators McCaslin, Fairley, Bauer, Swecker, T. Sheldon and Benton
Removing the requirement that the veterans' preference must be used within eight years.
Referred to Committee on Government Administration.
SB 6179 by Senators Wood, Kohl, Prince, Bauer, Patterson, McAuliffe, Rasmussen and Hale
Changing Washington award for vocational excellence provisions.
Referred to Committee on Higher Education.
SSB 6195 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Long and Hargrove; by request of Department of Social and Health Services)
Correcting statutory references.
Referred to Committee on Children & Family Services.
ESSB 6196 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove and Long; by request of Department of Social and Health Services)
Concerning judicial review for certain out-of-home child placements.
Referred to Committee on Children & Family Services.
SB 6202 by Senators Winsley and Prentice; by request of Department of Financial Institutions
Changing the securities act to conform with federal statute.
Referred to Committee on Financial Institutions & Insurance.
ESSB 6205 by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Haugen, Patterson, Benton, Bauer, Winsley and Oke)
Allowing waiver of interest and penalties on property taxes delinquent because of hardship.
Referred to Committee on Finance.
SSB 6212 by Senate Committee on Law & Justice (originally sponsored by Senators McCaslin, Snyder, B. Sheldon, Roach, T. Sheldon, Goings, Bauer, Zarelli, West, Haugen and Oke)
Amending uniform act on fresh pursuit.
Referred to Committee on Law & Justice.
SB 6223 by Senators McCaslin, Winsley, West, Haugen and Sellar; by request of Board of Tax Appeals
Revising provisions for filing with the state tax board.
Referred to Committee on Government Administration.
SSB 6251 by Senate Committee on Energy & Utilities (originally sponsored by Senators Horn, T. Sheldon, Patterson and Rossi; by request of Department of Information Services)
Exempting specified computer software from public disclosure.
Referred to Committee on Government Administration.
SSB 6254 by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Franklin, Horn, Heavey, Johnson and Rasmussen)
Negotiating land transfers involving manufactured or mobile homes.
Referred to Committee on Commerce & Labor.
SSB 6258 by Senate Committee on Law & Justice (originally sponsored by Senators Roach, Kline and Hargrove; by request of Statute Law Committee)
Making technical corrections to the Revised Code of Washington.
Referred to Committee on Law & Justice.
2SSB 6264 by Senate Committee on Ways & Means (originally sponsored by Senators Oke, Rasmussen, Morton, Swecker and Anderson)
Providing for the mass marking of chinook salmon.
Referred to Committee on Natural Resources.
SB 6270 by Senators Anderson, Spanel, Swecker, West and Oke; by request of Department of Revenue
Eliminating the business and occupation tax on internal distributions.
Referred to Committee on Finance.
SB 6272 by Senators Long, Strannigan, Kline, Wood, Johnson, Anderson and McAuliffe
Authorizing Snohomish county to create one additional district court position.
Referred to Committee on Law & Justice.
SB 6279 by Senators Long, Kohl, Hargrove, Zarelli, Franklin, Stevens, Schow and Oke
Imposing an additional assessment for persons entering diversion agreements in regard to prostitution offenses.
Referred to Committee on Criminal Justice & Corrections.
E2SSB 6293 by Senate Committee on Transportation (originally sponsored by Senators Benton, Roach, T. Sheldon, Rossi, McDonald and Oke)
Establishing penalties for drunk driving.
Referred to Committee on Law & Justice.
SB 6301 by Senators Schow, Horn, Franklin and Heavey
Regulating franchise agreements between motor vehicle manufacturers and dealers.
Referred to Committee on Commerce & Labor.
SSB 6302 by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Winsley and Prentice; by request of Insurance Commissioner)
Establishing risk-based capital standards for health carriers.
Referred to Committee on Financial Institutions & Insurance.
SB 6315 by Senators Horn, Wood and Haugen; by request of Transportation Improvement Board
Updating references to the transportation improvement board bond retirement account.
Referred to Committee on Transportation Policy & Budget.
SSB 6324 by Senate Committee on Ways & Means (originally sponsored by Senators Morton, Rasmussen, Oke, Swecker and West)
Rehabilitating salmon and trout populations with a remote site incubator program.
Referred to Committee on Natural Resources.
SB 6329 by Senators Deccio, Thibaudeau, Wood and Loveland
Providing for a certain disclosure of health care information without patient's authorization.
Referred to Committee on Health Care.
SSB 6346 by Senate Committee on Transportation (originally sponsored by Senators Johnson and Heavey)
Allowing withdrawals from regional transportation authorities.
Referred to Committee on Transportation Policy & Budget.
SB 6352 by Senators Wood and Haugen; by request of Washington State Patrol
Specifying examination eligibility requirements for Washington state patrol officers.
Referred to Committee on Transportation Policy & Budget.
SB 6353 by Senators Sellar and Goings; by request of Washington State Patrol
Reflecting actual working hours for disability of Washington state patrol officers.
Referred to Committee on Transportation Policy & Budget.
SB 6359 by Senators Finkbeiner, Rossi, Brown and Jacobsen; by request of Utilities & Transportation Commission
Requiring companies that seek to contract with an affiliated interest to file with the utilities and transportation commission.
Referred to Committee on Energy & Utilities.
SB 6360 by Senators Johnson and Kline
Prescribing garnishee's processing fees.
Referred to Committee on Law & Justice.
SB 6375 by Senators Winsley, Prentice, Sellar, Hale and Benton
Setting the rates of interest and other fees charged by pawnbrokers.
Referred to Committee on Financial Institutions & Insurance.
SSB 6379 by Senate Committee on Ways & Means (originally sponsored by Senators Anderson, Spanel and Roach)
Extending the retail sales tax exemption for sales of laundry service.
Referred to Committee on Finance.
SB 6380 by Senators Winsley, Prentice, Hale, Oke, Patterson and Goings; by request of Department of Community, Trade, and Economic Development
Providing mobile home relocation assistance.
Referred to Committee on Trade & Economic Development.
SB 6383 by Senators Wood and Fairley
Creating inactive license status for physical therapists.
Referred to Committee on Health Care.
SB 6387 by Senators Fraser, Swecker, Fairley, Rasmussen and Winsley
Authorizing charitable deductions from retirement allowances.
Referred to Committee on Appropriations.
SB 6398 by Senators McCaslin and Winsley; by request of Secretary of State
Regulating voting system tests.
Referred to Committee on Government Administration.
SB 6400 by Senators Brown, Finkbeiner, Oke and Thibaudeau; by request of Department of Social and Health Services
Extending the Washington telephone assistance program through 2003.
Referred to Committee on Energy & Utilities.
SSB 6409 by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove and Long; by request of Department of Social and Health Services)
Redistributing responsibilities for care for children with developmental disabilities provided by the department of social and health services in the division of developmental disabilities.
Referred to Committee on Children & Family Services.
SSB 6420 by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Heavey and Winsley; by request of Employment Security Department)
Allowing an application for initial determination to be in writing or in another form determined by the commissioner of the employment security department.
Referred to Committee on Commerce & Labor.
SSB 6422 by Senate Committee on Commerce & Labor (originally sponsored by Senators Schow, Heavey and Winsley; by request of Employment Security Department)
Providing support for collaborative efforts toward worker reemployment.
Referred to Committee on Commerce & Labor.
SSB 6439 by Senate Committee on Transportation (originally sponsored by Senators Wood, Haugen, Prince and Horn; by request of Department of Transportation)
Authorizing design-build demonstration projects.
Referred to Committee on Transportation Policy & Budget.
SB 6536 by Senators Horn, Heavey, Schow, Snyder, Goings, McDonald, Benton, Winsley, Oke and Haugen
Prescribing employer obligations to furnish wearing apparel.
Referred to Committee on Commerce & Labor.
SB 6541 by Senators Sellar, Snyder, Schow, Hale, Haugen and Kohl; by request of Department of Community, Trade, and Economic Development
Funding tourism development.
Referred to Committee on Appropriations.
SB 6599 by Senators Benton, Spanel, Kohl and Oke; by request of Department of Revenue
Exempting fund-raising activities by nonprofit organizations from sales and use taxation.
Referred to Committee on Finance.
There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the rules were suspended, and House Bill No. 3123 was placed on second reading.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 3123, by Representatives Mulliken, Sullivan, Thompson and Mielke
Senate confirmation of growth management hearings board members,
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Mulliken, Sullivan and Zellinsky spoke in favor of passage of the bill.
Representatives Kessler, Romero, Lantz and Dunshee spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 3123.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3123 and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 58.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 40.
House Bill No. 3123, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
HOUSE BILL NO. 2439, by Representatives D. Sommers, Costa, Benson, Sterk, Gombosky and O'Brien
Providing for traffic safety education.
The bill was read the second time. There being no objection, Substitute House Bill No. 2439 was substituted for House Bill No. 2439 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2439 was read the second time.
With the consent of the House, amendments 879 and 898 were withdrawn.
Representative D. Sommers moved the adoption of amendment (977):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This act may be known and cited as the Cooper Jones Act.
Sec. 2. RCW 43.59.010 and 1967 ex.s. c 147 s 1 are each amended to read as follows:
(1) The purpose of this chapter is to establish a new agency of state government to be known as the Washington traffic safety commission. The functions and purpose of this commission shall be to find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local level in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed by him under the federal Highway Safety Act of 1966 (Public Law 89-564; 80 Stat. 731).
(2) The legislature finds and declares that bicycling and walking are becoming increasingly popular in Washington as clean and efficient modes of transportation, as recreational activities, and as organized sports. Future plans for the state's transportation system will require increased access and safety for bicycles and pedestrians on our common roadways, and federal transportation legislation and funding programs have created strong incentives to implement these changes quickly. As a result, many more people are likely to take up bicycling in Washington both as a leisure activity and as a convenient, inexpensive form of transportation. Bicyclists are more vulnerable to injury and accident than motorists, and should be as knowledgeable as possible about traffic laws, be highly visible and predictable when riding in traffic, and be encouraged to wear bicycle safety helmets. Hundreds of bicyclists and pedestrians are seriously injured every year in accidents, and millions of dollars are spent on health care costs associated with these accidents. There is clear evidence that organized training in the rules and techniques of safe and effective cycling can significantly reduce the incidence of serious injury and accidents, increase cooperation among road users, and significantly increase the incidence of bicycle helmet use, particularly among minors.
NEW SECTION. Sec. 3. A new section is added to chapter 43.59 RCW to read as follows:
(1) The Washington state traffic safety commission shall establish a program for improving bicycle and pedestrian safety, and shall cooperate with the state criminal justice training commission, bicycle federation of America, the league of American bicyclists, state and local bicycling organizations, local governments, public school districts, or other appropriate public and private organizations in developing and operating programs to improve bicycle and pedestrian safety.
(2) The commission shall prescribe minimum qualifications for the grant recipients.
(3) The commission will form an advisory group of bicycle and pedestrian safety stakeholders to assist the director in:
(a) Establishing standards and criteria for traffic safety grants and reviewing the merits of grant applications submitted;
(b) Determining the most effective programs available to improve bicycle and pedestrian safety; and
(c) Establishing state pedestrian and bicycle safety goals and performance measures.
(4) Upon successful completion of a safety training program, participants will receive a bicycle or pedestrian safety education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section.
Sec. 4. RCW 46.61.750 and 1982 c 55 s 6 are each amended to read as follows:
(1) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 through 46.61.780.
(2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein. A person found to have committed any infraction under subsection (1) of this section shall be assessed a monetary penalty equal to the penalty assessed under RCW 46.63.110 plus twenty-five percent.
(3) The bicycle and pedestrian safety education account is created in the state treasury. Twenty-five percent of the moneys collected under subsection (2) of this section shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the administration and operation of programs to improve bicycle and pedestrian safety.
(4) State agencies, political subdivisions of the state, and nonprofit organizations, including but not limited to bicycling groups and community and civic organizations, are eligible for grant funds on a matching basis under the programs funded under subsection (3) of this section. All entities receiving matching funds must provide a regularly scheduled program complying with standards established by the traffic safety commission. Bicycle organizations are encouraged to make donations to the bicycle and pedestrian safety education account.
NEW SECTION. Sec. 5. A new section is added to chapter 43.59 RCW to read as follows:
The traffic safety commission, acting jointly with the department of licensing and the superintendent of public instruction, shall develop a curriculum for bicycle safety education. The commission may develop a video presentation to accompany this curriculum.
NEW SECTION. Sec. 6. A new section is added to chapter 46.20 RCW to read as follows:
The department of licensing shall incorporate a section on bicycle safety and sharing the road into its instructional publications for drivers and shall include questions in the written portion of the driver's license examination on bicycle safety and sharing the road with bicycles.
Sec. 7. RCW 46.20.095 and 1986 c 93 s 3 are each amended to read as follows:
The department shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' and pedestrians' rights and responsibilities in its instructional publications for drivers.
Sec. 8. RCW 46.82.430 and 1986 c 93 s 5 are each amended to read as follows:
Instructional material used in driver training schools shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' and pedestrians' rights and responsibilities and suggested riding procedures in common traffic situations.
Sec. 9. RCW 46.83.040 and 1961 c 12 s 46.83.040 are each amended to read as follows:
It shall be the purpose of every traffic school which may be established hereunder to instruct, educate, and inform all persons appearing for training in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances.
Sec. 10. RCW 46.20.305 and 1965 ex.s. c 121 s 26 are each amended to read as follows:
(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him to submit to an examination.
(2) The department shall require the driver of any vehicle responsible for a crash resulting in the death of a person to submit to an examination. The examination must be completed no later than ninety days after the accident report required under RCW 46.52.030 is received by the department.
(3) The department may in addition to an examination under subsection (1) or (2) of this section require such person to obtain a certificate showing his condition signed by a licensed physician or other proper authority designated by the department.
(4) Upon the conclusion of ((such)) an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041. The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.
(5) The department may require payment of a fee by a person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.
Sec. 11. RCW 46.37.280 and 1987 c 330 s 713 are each amended to read as follows:
(1) During the times specified in RCW 46.37.020, any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, warning lamps authorized by the state patrol and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
(2) Except as required in RCW 46.37.190 no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof.
(3) Flashing lights are prohibited except as required in RCW 46.37.190, 46.37.200, 46.37.210, 46.37.215, and 46.37.300, ((and)) warning lamps authorized by the state patrol, and light-emitting diode flashing taillights on bicycles.
Sec. 12. RCW 46.61.780 and 1987 c 330 s 746 are each amended to read as follows:
(1) Every bicycle when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances ((from one hundred feet)) up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.
(2) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement."
Renumber the sections consecutively and correct any internal references accordingly.
Correct the title.
Representatives D. Sommers and Wood spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives D. Sommers and Wood spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2439.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2439 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2439, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2750, by Representatives Wolfe, Kessler, Dickerson, Anderson, Gardner and Lambert
Providing a procedure for persons other than parents to intervene in custody proceedings in order to obtain visitation.
The bill was read the second time.
With the consent of the House, amendment number 890 was withdrawn.
Representative Carrell moved the adoption of amendment (982):
On page 3, line 10, after "(10)" insert:
"The court may order visitation between the petitioner or intervenor and the child only to the extent that such visitation has a minimal impact on the visitation or residential time between the child and a parent whose residential time with the child is less than twenty-five percent of the child’s total residential time.
(11)"
On page 13, line 6, after "(10)" insert:
"The court may order visitation between the petitioner or intervenor and the child only to the extent that such visitation has a minimal impact on the visitation or residential time between the child and a parent whose residential time with the child is less than twenty-five percent of the child’s total residential time.
(11)"
Representatives Carrell and Kastama spoke in favor of the adoption of the amendment.
Representatives Appelwick, Wolfe and Lambert spoke against the adoption of the amendment.
Representatives Carrell and Kastama spoke again in favor of the adoption of the amendment.
Division was demanded. The Speaker divided the House. The results of the division was 45-YEAS; 52-NAYS.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Wolfe and Kastama spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2750.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2750, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 2750, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2705, by Representatives McMorris, Kessler, Hatfield, Doumit, Linville, Buck, Dyer and Gardner
Extending existing employer workers' compensation group self-insurance.
The bill was read the second time. There being no objection, Substitute House Bill No. 2705 was substituted for House Bill No. 2705 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2705 was read the second time.
Representative Conway moved the adoption of amendment (975):
On page 3, after line 10, insert the following:
"(5)(a) A self-insurance group formed under this section, the employers participating in the group, and the group's and employers' claims administrators have a duty of good faith and fair dealing towards claimants. Violations of these good faith duties shall include, but not be limited to: (i) Attempting to close a valid claim under this section that the group or employer, or group's or employer's claims administrator, knew or should have known was closed inappropriately; (ii) interfering with a worker's right to file a claim under this title; or (iii) having a history or pattern of repeated unfair claims practices. The department shall adopt rules on unfair claims practices.
(b) A worker of an employer participating in a self-insurance group formed under this section, or the beneficiary of such worker, who is injured or damaged because of a violation of (a) of this subsection or violation of a rule adopted by the director under (a) of this subsection may bring a civil action against the self-insurance group, the participating employer, and/or the group's or employer's claims administrator in superior court to enjoin further violations and to recover reasonable damages sustained by him or her, together with the cost of the suit including reasonable attorneys' fees to be set by the court."
Representative Conway spoke in favor of the adoption of the amendment.
Representative McMorris spoke against the adoption of the amendment.
Representative Hatfield demanded an electronic roll call and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment 975 to Substitute House Bill No. 2705.
ROLL CALL
The Clerk called the roll on the adoption of the amendment 975 to Substitute House Bill No. 2705, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 55, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Mastin, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 43.
Voting nay: Representatives Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and Honeyford spoke in favor of passage of the bill.
Representatives Conway and Wood spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2705.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2705 and the bill passed the House by the following vote: Yeas - 60, Nays - 37, Absent - 1, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lantz, Linville, Lisk, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman and Mr. Speaker - 60.
Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Grant, Kastama, Keiser, Kenney, Mason, Mastin, Murray, O'Brien, Ogden, Poulsen, Regala, Robertson, Romero, Schmidt, K., Scott, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe, Wood and Zellinsky - 37.
Absent: Representative Eickmeyer - 1.
Substitute House Bill No. 2705, having received the constitutional majority, was declared passed.
Representative Lisk, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on Substitute House Bill No. 2705. The motion was carried.
RECONSIDERATION
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2705 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2705 on reconsideration and the bill passed the House by the following vote: Yeas - 59, Nays - 39, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Eickmeyer, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lantz, Linville, Lisk, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Schmidt, D., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman and Mr. Speaker - 59.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Gombosky, Grant, Kastama, Keiser, Kenney, Mason, Mastin, Murray, O'Brien, Ogden, Poulsen, Regala, Robertson, Romero, Schmidt, K., Scott, Smith, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe, Wood and Zellinsky - 39.
Substitute House Bill No. 2705, on reconsideration, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2761, by Representatives Carrell, Wolfe, B. Thomas, Cooke, Boldt, Smith, Gombosky, Talcott, D. Schmidt, D. Sommers, McDonald and Backlund
Revising provisions relating to at-risk youth.
The bill was read the second time. There being no objection, Substitute House Bill No. 2761 was substituted for House Bill No. 2761 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2761 was read the second time.
With the consent of the House, amendment number 932 to House Bill No. 2761 was withdrawn.
Representative Carrell moved the adoption of amendment (968):
Strike everything after the enacting clause and insert the following:
"PART I - CRISIS RESIDENTIAL CENTERS AND TREATMENT SERVICES
NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:
Any county or group of counties may make application to the department of social and health services in the manner and form prescribed by the department to administer and provide the services established under RCW 13.32A.197. Any such application must include a plan or plans for providing such services to at-risk youth.
NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:
No county may receive any state funds provided by this chapter until its application and plan are received by the department.
(1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, rates of poverty, and the presence of existing programs serving at-risk children.
(2) The secretary of social and health services shall reimburse a county upon presentation and approval of a valid claim pursuant to this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.
(3) Funds available for county-operated treatment facilities and services under RCW 13.32A.197 shall not exceed the appropriation for these services specified in the biennial operating budget.
Sec. 3. RCW 74.13.031 and 1997 c 386 s 32 and 1997 c 272 s 1 are each reenacted and amended to read as follows:
The department shall have the duty to provide child welfare services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of alleged neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.
(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.
(6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.
(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.
(8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.
(9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.
(10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.
(11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.
(12) Provide funding for counties to operate treatment facilities and provide treatment services to children who have been ordered placed in a staff secure facility under RCW 13.32A.197.
Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, or counties under subsection (12) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.
Sec. 4. RCW 74.13.032 and 1995 c 312 s 60 are each amended to read as follows:
(1) The department shall establish, by contracts with private or public vendors, regional crisis residential centers with semi-secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department and shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children.
(2) Within available funds appropriated for this purpose, the department shall establish, by contracts with private or public vendors, regional crisis residential centers with secure facilities. These facilities shall be facilities licensed under rules adopted by the department. These centers may also include semi-secure facilities and to such extent shall be subject to subsection (1) of this section.
(3) The department shall, in addition to the facilities established under subsections (1) and (2) of this section, establish additional crisis residential centers pursuant to contract with licensed private group care facilities.
(4) The staff at the facilities established under this section shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for support and the varying circumstances that cause children to leave their families, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.
(5) The secure facilities located within crisis residential centers shall be operated to conform with the definition in RCW 13.32A.030. The facilities shall have an average of no ((more)) less than ((three)) one adult staff member((s)) to every ((eight)) ten children. The staffing ratio shall continue to ensure the safety of the children.
(6) ((A center with secure facilities created under this section may not be located within, or on the same grounds as, other secure structures including jails, juvenile detention facilities operated by the state, or units of local government. However, the secretary may, following consultation with the appropriate county legislative authority, make a written finding that location of a center with secure facilities on the same grounds as another secure structure is the only practical location for a secure facility. Upon the written finding a secure facility may be located on the same grounds as the secure structure. Where)) If a secure crisis residential center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility.
NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:
(1) A county or group of counties operating a treatment facility under sections 1 and 2 of this act shall establish, by contracts with private or public vendors, treatment centers with staff secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department.
(2) The staff at the facilities established under RCW 13.32A.197 shall be trained so that they may effectively counsel, supervise, provide treatment for behavioral difficulties or needs, and provide structure to the juveniles admitted to treatment facilities. The treatment, supervision, and counseling must recognize the need for support and the varying circumstances that cause children to leave their families.
(3) Juveniles shall be admitted to the facilities based on a court order for placement at a staff secure facility to receive treatment under RCW 13.32A.197. Juveniles shall not be denied admission based on their county of residence.
PART II - MENTAL HEALTH AND CHEMICAL DEPENDENCY TREATMENT
NEW SECTION. Sec. 6. The legislature finds it is often necessary for parents to obtain mental health or chemical dependency treatment for their minor children prior to the time the child's condition presents a likelihood of serious harm or the child becomes gravely disabled. The legislature finds that treatment of such conditions is not the equivalent of incarceration or detention, but is a legitimate act of parental discretion, when supported by decisions of credentialed professionals. The legislature finds that, consistent with Parham v. J.R., 442 U.S. 584 (1979), state action is not involved in the determination of a parent and professional person to admit a minor child to treatment and finds this act provides sufficient independent review by the department of social and health services, as a neutral fact-finder, to protect the interests of all parties. The legislature finds it is necessary to provide parents a statutory process, other than the petition process provided in chapters 70.96A and 71.34 RCW, to obtain treatment for their minor children without the consent of the children.
The legislature finds that differing standards of admission and review in parent-initiated mental health and chemical dependency treatment for their minor children are necessary and the admission standards and procedures under state involuntary treatment procedures are not adequate to provide safeguards for the safety and well-being of all children. The legislature finds the timeline for admission and reviews under existing law do not provide sufficient opportunities for assessment of the mental health and chemically dependent status of every minor child and that additional time and different standards will facilitate the likelihood of successful treatment of children who are in need of assistance but unwilling to obtain it voluntarily. The legislature finds there are children whose behavior presents a clear need of medical treatment but is not so extreme as to require immediate state intervention under the state involuntary treatment procedures.
PART II-A - MENTAL HEALTH
Sec. 7. RCW 71.34.010 and 1992 c 205 s 302 are each amended to read as follows:
It is the purpose of this chapter to ((ensure)) assure that minors in need of mental health care and treatment receive an appropriate continuum of culturally relevant care and treatment, ((from)) including prevention and early intervention ((to)), self-directed care, parent-directed care, and involuntary treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide mental health services to minors shall jointly plan and deliver those services.
It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment. Additionally, all mental health care and treatment providers shall ((ensure)) assure that minors' parents are given an opportunity to participate in the treatment decisions for their minor children. The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.
It is also the purpose of this chapter to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter.
Sec. 8. RCW 71.34.020 and 1985 c 354 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.
(2) "Children's mental health specialist" means:
(a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and
(b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.
(3) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.
(4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter.
(5) "Department" means the department of social and health services.
(6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.
(7) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.
(8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
(9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors.
(10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter.
(11) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.
(12) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to: (a) Diagnose, correct, cure, or alleviate a mental disorder; or (b) prevent the worsening of mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.
(13) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section.
(((13))) (14) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter.
(((14))) (15) "Minor" means any person under the age of eighteen years.
(((15))) (16) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW 71.24.025(3).
(((16))) (17) "Parent" means:
(a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or
(b) A person or agency judicially appointed as legal guardian or custodian of the child.
(((17))) (18) "Professional person in charge" or "professional person" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.
(((18))) (19) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.
(((19))) (20) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.
(((20))) (21) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.
(((21))) (22) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor.
(((22))) (23) "Secretary" means the secretary of the department or secretary's designee.
(((23))) (24) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.
Sec. 9. RCW 71.34.025 and 1995 c 312 s 56 are each amended to read as follows:
(1) ((The admission of any child under RCW 71.34.030 may be reviewed by the county-designated mental health professional between fifteen and thirty days following admission. The county-designated mental health professional may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.
(2))) The department shall ((ensure)) assure that, for any minor admitted to inpatient treatment under section 18 of this act, a review is conducted ((no later than sixty days)) by a physician or other mental health professional who is employed by the department, or an agency under contract with the department, and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the facility providing the treatment. The physician or other mental health professional shall conduct the review not less than seven nor more than fourteen days following ((admission)) the date the minor was brought to the facility under section 18(1) of this act to determine whether it is ((medically appropriate)) a medical necessity to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.
If the county-designated mental health professional determines that continued inpatient treatment of the child is no longer medically appropriate, the professional shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.
(3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))
(2) In making a determination under subsection (1) of this section, the department shall consider the opinion of the treatment provider, the safety of the minor, and the likelihood the minor's mental health will deteriorate if released from inpatient treatment. The department shall consult with the parent in advance of making its determination.
(3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility. The facility shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.
(4) If the evaluation conducted under section 18 of this act is done by the department, the reviews required by subsection (1) of this section shall be done by contract with an independent agency.
(5) The department may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.
(6) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment under the medical assistance program.
NEW SECTION. Sec. 10. A new section is added to chapter 71.34 RCW to read as follows:
For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.
PART II-B - VOLUNTARY MENTAL HEALTH OUTPATIENT TREATMENT
Sec. 11. RCW 71.34.030 and 1995 c 312 s 52 are each amended to read as follows:
(((1))) Any minor thirteen years or older may request and receive outpatient treatment without the consent of the minor's parent. Parental authorization is required for outpatient treatment of a minor under the age of thirteen.
(((2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:
(a) A minor may be voluntarily admitted by application of the parent. The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.
(b) A minor thirteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:
(i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.
(ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.
(iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.
(iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.
(v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.
(vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing. The hearing may be held at the treatment facility.
(vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety. The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.
(c) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months.
(d) The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.
(3) A notice of intent to leave shall result in the following:
(a) Any minor under the age of thirteen must be discharged immediately upon written request of the parent.
(b) Any minor thirteen years or older voluntarily admitted may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.
(c) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.
(d) The professional person in charge of the evaluation and treatment facility shall discharge the minor, thirteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional or a parent or legal guardian files a petition or an application for initial detention within the time prescribed by this chapter.
(4) The ability of a parent to apply to a certified evaluation and treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.))
NEW SECTION. Sec. 12. For the purpose of gathering information related to parental notification of outpatient mental health treatment of minors, the department of health shall conduct a survey of providers of outpatient treatment, as defined in chapter 71.34 RCW. The survey shall gather information from a statistically valid sample of providers. In accordance with confidentiality statutes and the physician-patient privilege, the survey shall secure information from the providers related to:
(1) The number of minors receiving outpatient treatment;
(2) The number of parents of minors in treatment notified of the minor's treatment;
(3) The average number of outpatient visits prior to parental notification;
(4) The average number of treatments with parental notification;
(5) The average number of treatments without parental notification;
(6) The percentage of minors in treatment who are prescribed medication;
(7) The medication prescribed;
(8) The number of patients terminating treatment due to parental notification; and
(9) Any other pertinent information.
The department shall submit the survey results to the governor and the appropriate committees of the legislature by December 1, 1998.
This section expires June 1, 1999.
PART II-C - VOLUNTARY MENTAL HEALTH INPATIENT TREATMENT
NEW SECTION. Sec. 13. A new section is added to chapter 71.34 RCW to read as follows:
(1) A minor thirteen years or older may admit himself or herself to an evaluation and treatment facility for inpatient mental treatment, without parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the need for inpatient treatment.
(2) When, in the judgment of the professional person in charge of an evaluation and treatment facility, there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility.
(3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months. The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.
NEW SECTION. Sec. 14. A new section is added to chapter 71.34 RCW to read as follows:
The administrator of the treatment facility shall provide notice to the parents of a minor when the minor is voluntarily admitted to inpatient treatment under section 13 of this act. The notice shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent: (1) That the minor has been admitted to inpatient treatment; (2) of the location and telephone number of the facility providing such treatment; (3) of the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent; and (4) of the medical necessity for admission.
NEW SECTION. Sec. 15. A new section is added to chapter 71.34 RCW to read as follows:
(1) Any minor thirteen years or older who has voluntarily admitted himself or herself to inpatient treatment shall be released to the parent upon the parent's written request for release unless the professional person in charge of the facility exercises his or her option to file a petition for commitment of a minor.
(2)(a) The petition shall be filed with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.
(b) The petition shall be signed by the minor and the professional person in charge of the facility or that person's designee.
(c) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.
(d) There shall be a hearing on the petition, which shall be held within seventy-two hours from the filing of the petition.
(3) The commitment hearing shall be conducted at the superior court or an appropriate place at the treatment facility.
(4) The professional person must demonstrate, by a preponderance of the evidence, that the minor is in need of inpatient treatment and that the release would constitute a threat to the minor's health or safety. The rules of evidence shall not apply at the hearing.
NEW SECTION. Sec. 16. A new section is added to chapter 71.34 RCW to read as follows:
(1) Any minor thirteen years or older voluntarily admitted to an evaluation and treatment facility under section 13 of this act may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.
(2) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.
(3) The professional person shall discharge the minor, thirteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional commences an initial detention proceeding under the provisions of this chapter.
NEW SECTION. Sec. 17. A new section is added to chapter 71.34 RCW to read as follows:
Any minor admitted to inpatient treatment under section 13 or 18 of this act shall be discharged immediately from inpatient treatment upon written request of the parent.
PART II-D - PARENT-INITIATED MENTAL HEALTH TREATMENT
NEW SECTION. Sec. 18. A new section is added to chapter 71.34 RCW to read as follows:
(1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.
(3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation without being admitted or released. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be admitted. Prior to admission, the facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition. Within twenty-four hours of the admission, the professional person shall notify the department of the admission.
(4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.
(6) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.
NEW SECTION. Sec. 19. A new section is added to chapter 71.34 RCW to read as follows:
(1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient mental health treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a mental disorder and is in need of outpatient treatment.
(2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.
(3) The professional person may evaluate whether the minor has a mental disorder and is in need of outpatient treatment.
NEW SECTION. Sec. 20. A new section is added to chapter 71.34 RCW to read as follows:
Following the review conducted under RCW 71.34.025, a minor child may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the minor to remain at the facility.
NEW SECTION. Sec. 21. A new section is added to chapter 71.34 RCW to read as follows:
If the minor is not released as a result of the petition filed under section 20 of this act, he or she shall be released not later than thirty days following the later of: (1) The date of the department's determination under RCW 71.34.025(2); or (2) the filing of a petition for judicial review under section 20 of this act, unless a professional person or the county designated mental health professional initiates proceedings under this chapter.
NEW SECTION. Sec. 22. A new section is added to chapter 71.34 RCW to read as follows:
The ability of a parent to bring his or her minor child to a certified evaluation and treatment program for evaluation and treatment does not create a right to obtain or benefit from any funds or resources of the state. The state may provide services for indigent minors to the extent that funds are available.
PART II-E - CHEMICAL DEPENDENCY
Sec. 23. RCW 70.96A.020 and 1996 c 178 s 23 and 1996 c 133 s 33 are each reenacted and amended to read as follows:
For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Alcoholic" means a person who suffers from the disease of alcoholism.
(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.
(4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.
(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.
(6) "Department" means the department of social and health services.
(7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.
(8) "Director" means the person administering the chemical dependency program within the department.
(9) "Drug addict" means a person who suffers from the disease of drug addiction.
(10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.
(12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.
(13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.
(14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.
(15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.
(16) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.
(18) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.
(19) "Minor" means a person less than eighteen years of age.
(((19))) (20) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.
(((20))) (21) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.
(((21))) (22) "Person" means an individual, including a minor.
(((22))) (23) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.
(24) "Secretary" means the secretary of the department of social and health services.
(((23))) (25) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(((24))) (26) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.
PART II-F - VOLUNTARY CHEMICAL DEPENDENCY OUTPATIENT TREATMENT
Sec. 24. RCW 70.96A.095 and 1996 c 133 s 34 are each amended to read as follows:
(((1))) Any person thirteen years of age or older may give consent for himself or herself to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department. ((Consent of the parent of a person less than eighteen years of age for inpatient treatment is necessary to authorize the care unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c), as determined by the department.)) Parental authorization is required for any treatment of a minor under the age of thirteen. ((The parent of a minor is not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the treatment.
(2) The parent of any minor child may apply to a certified treatment program for the admission of his or her minor child for purposes authorized in this chapter. The consent of the minor child shall not be required for the application or admission. The certified treatment program shall accept the application and evaluate the child for admission. The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.
(3) Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (a) The minor signs a written consent authorizing the disclosure; or (b) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.))
NEW SECTION. Sec. 25. A new section is added to chapter 70.96A RCW to read as follows:
Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if: (1) The minor signs a written consent authorizing the disclosure; or (2) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.
PART II-G - VOLUNTARY CHEMICAL DEPENDENCY INPATIENT TREATMENT
NEW SECTION. Sec. 26. A new section is added to chapter 70.96A RCW to read as follows:
Parental consent is required for inpatient chemical dependency treatment of a minor, unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c) as determined by the department: PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen.
This section does not apply to petitions filed under this chapter.
NEW SECTION. Sec. 27. A new section is added to chapter 70.96A RCW to read as follows:
(1) The parent of a minor is not liable for payment of inpatient or outpatient chemical dependency treatment unless the parent has joined in the consent to the treatment.
(2) The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state. However, the state may provide services for indigent minors to the extent that funds are available therefor.
PART II-H - PARENT-INITIATED CHEMICAL DEPENDENCY TREATMENT
NEW SECTION. Sec. 28. A new section is added to chapter 70.96A RCW to read as follows:
(1) A parent may bring, or authorize the bringing of, his or her minor child to a certified treatment program and request that a chemical dependency assessment be conducted by a professional person to determine whether the minor is chemically dependent and in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the program.
(3) An appropriately trained professional person may evaluate whether the minor is chemically dependent. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the program, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation without being admitted or released. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be admitted. Prior to admission, the facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition. Within twenty-four hours of the admission the professional person shall notify the department of the admission.
(4) No provider is obligated to provide treatment to a minor under the provisions of this section. No provider may admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this section may be discharged from the program based solely on his or her request.
(6) Any minor admitted to inpatient treatment under this section shall be discharged immediately from inpatient treatment upon written request of the parent.
Sec. 29. RCW 70.96A.097 and 1995 c 312 s 48 are each amended to read as follows:
(1) ((The admission of any child under RCW 70.96A.095 may be reviewed by the county-designated chemical dependency specialist between fifteen and thirty days following admission. The county-designated chemical dependency specialist may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.
(2))) The department shall ensure that, for any minor admitted to inpatient treatment under section 28 of this act, a review is conducted ((no later than sixty days)) by a physician or chemical dependency counselor, as defined in rule by the department, who is employed by the department or an agency under contract with the department and who neither has a financial interest in continued inpatient treatment of the minor nor is affiliated with the program providing the treatment. The physician or chemical dependency counselor shall conduct the review not less than seven nor more than fourteen days following ((admission)) the date the minor was brought to the facility under section 28(1) of this act to determine whether it is ((medically appropriate)) a medical necessity to continue the ((child's)) minor's treatment on an inpatient basis. ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.
If the county-designated chemical dependency specialist determines that continued inpatient treatment of the child is no longer medically appropriate, the specialist shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.
(3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child. Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))
(2) In making a determination under subsection (1) of this section whether it is a medical necessity to release the minor from inpatient treatment, the department shall consider the opinion of the treatment provider, the safety of the minor, the likelihood the minor's chemical dependency recovery will deteriorate if released from inpatient treatment, and the wishes of the parent.
(3) If, after any review conducted by the department under this section, the department determines it is no longer a medical necessity for a minor to receive inpatient treatment, the department shall immediately notify the parents and the professional person in charge. The professional person in charge shall release the minor to the parents within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is a medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.
(4) The department may, subject to available funds, contract with other governmental agencies for the conduct of the reviews conducted under this section and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.
(5) In addition to the review required under this section, the department may periodically determine and redetermine the medical necessity of treatment for purposes of payment under the medical assistance program.
NEW SECTION. Sec. 30. A new section is added to chapter 70.96A RCW to read as follows:
(1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient chemical dependency treatment and request that an appropriately trained professional person examine the minor to determine whether the minor has a chemical dependency and is in need of outpatient treatment.
(2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.
(3) The professional person in charge of the program may evaluate whether the minor has a chemical dependency and is in need of outpatient treatment.
NEW SECTION. Sec. 31. A new section is added to chapter 70.96A RCW to read as follows:
Following the review conducted under RCW 70.96A.097, a minor child may petition the superior court for his or her release from the facility. The petition may be filed not sooner than five days following the review. The court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the minor to remain at the facility.
NEW SECTION. Sec. 32. A new section is added to chapter 70.96A RCW to read as follows:
If the minor is not released as a result of the petition filed under section 31 of this act, he or she shall be released not later than thirty days following the later of: (1) The date of the department's determination under RCW 70.96A.097(2); or (2) the filing of a petition for judicial review under section 31 of this act, unless a professional person or the designated chemical dependency specialist initiates proceedings under this chapter.
NEW SECTION. Sec. 33. A new section is added to chapter 70.96A RCW to read as follows:
For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor. Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.
NEW SECTION. Sec. 34. It is the purpose of sections 28 and 30 of this act to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under chapter 70.96A RCW.
NEW SECTION. Sec. 35. The department of social and health services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental health and chemical dependency evaluations under sections 18(3), 19(1), 28(3), and 30(1) of this act.
PART III - MISCELLANEOUS
NEW SECTION. Sec. 36. The legislature finds that an essential component of the children in need of services, dependency, and truancy laws is the use of juvenile detention. As chapter 7.21 RCW is currently written, courts may not order detention time without a criminal charge being filed. It is the intent of the legislature to avoid the bringing of criminal charges against youth who need the guidance of the court rather than its punishment. The legislature further finds that ordering a child placed in detention is a remedial action, not a punitive one. Since the legislature finds that the state is required to provide instruction to children in detention, use of the courts' contempt powers is an effective means for furthering the education and protection of these children. Thus, it is the intent of the legislature to authorize a limited sanction of time in juvenile detention independent of chapter 7.21 RCW for failure to comply with court orders in truancy, child in need of services, at-risk youth, and dependency cases for the sole purpose of providing the courts with the tools necessary to enforce orders in these limited types of cases because other statutory contempt remedies are inadequate.
Sec. 37. RCW 7.21.030 and 1989 c 373 s 3 are each amended to read as follows:
(1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:
(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.
(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.
(c) An order designed to ensure compliance with a prior order of the court.
(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.
(e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW, commitment to juvenile detention for a period of time not to exceed seven days. This sanction may be imposed in addition to, or as an alternative to, any other remedial sanction authorized by this chapter. This remedy is specifically determined to be a remedial sanction.
(3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.
Sec. 38. RCW 13.32A.250 and 1996 c 133 s 28 are each amended to read as follows:
(1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.
(2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in ((chapter 7.21)) RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.
(3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.
(4) A child placed in confinement for contempt under this section shall be placed in confinement only in a secure juvenile detention facility operated by or pursuant to a contract with a county.
(5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.
(6) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.
Sec. 39. RCW 13.34.165 and 1996 c 133 s 29 are each amended to read as follows:
(1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in ((chapter 7.21)) RCW 7.21.030(2)(e).
(2) The maximum term of imprisonment that may be imposed as a ((punitive)) remedial sanction for contempt of court under this section is confinement for up to seven days.
(3) A child imprisoned for contempt under this section shall be confined only in a secure juvenile detention facility operated by or pursuant to a contract with a county.
(4) A motion for contempt may be made by a parent, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order entered pursuant to this chapter.
(5) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.
Sec. 40. RCW 28A.225.090 and 1997 c 68 s 2 are each amended to read as follows:
(1) A court may order a child subject to a petition under RCW 28A.225.035 to:
(a) Attend the child's current school;
(b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;
(c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;
(d) Be referred to a community truancy board, if available; or
(e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.
(2) If the child fails to comply with the court order, the court may order the child to be punished by detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community service. Failure by a child to comply with an order issued under this subsection shall not be punishable by detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.
(3) Any parent violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.
NEW SECTION. Sec. 41. The legislature finds that predatory individuals, such as drug dealers, sexual marauders, and panderers, provide shelter to at-risk youth as a means of preying upon them. The legislature further finds that at-risk youth are vulnerable to the influence of these individuals. Thus, the legislature finds that it is important to the safety of Washington's youth that they be prevented from coming in contact with these predatory individuals. The legislature further finds that locating runaway children is the first step to preventing individuals from preying on these youth and to achieving family reconciliation. Therefore, the legislature intends to use punitive measures to create a clear disincentive for predatory individuals intending to take advantage of at-risk youth. The legislature further intends that all persons be required to report the location of a runaway minor, but that those individuals who fail to make such a report because they wish to have the minor remain unlocated as a means of preying upon them be punished for their failure to report the child's location.
Sec. 42. RCW 13.32A.080 and 1994 sp.s. c 7 s 507 are each amended to read as follows:
(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer; or
(v) Engages the child in a crime; or
(iv) Engages in a clear course of conduct that demonstrates an intent to contribute to the delinquency of a minor or the involvement of a minor in a sex offense as defined in RCW 9.94A.030.
(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
(2) Harboring a minor is punishable as a gross misdemeanor.
(3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.
(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88 RCW; and
(c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.
Sec. 43. RCW 13.32A.082 and 1996 c 133 s 14 are each amended to read as follows:
(1) Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home, or other lawfully prescribed residence, without the permission of the parent, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department. The report may be made by telephone or any other reasonable means.
(2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
(a) "Shelter" means the person's home or any structure over which the person has any control.
(b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from home without parental permission.
(3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.
(4) A person who violates subsection (1) of this section with the intent to contribute to the delinquency of a minor or the involvement of a minor in a sex offense as defined in RCW 9.94A.030 is guilty of a misdemeanor.
NEW SECTION. Sec. 44. Part headings used in this act do not constitute any part of the law.
NEW SECTION. Sec. 45. This act may be known and cited as "the Becca act of 1998.""
Correct the title.
Representatives Carrell and Wolfe spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Carrell spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2761.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2761 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2761, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2811, by Representatives Johnson, Cole, Talcott, Keiser and Quall
Changing the notification date for nonrenewal of educational employees' contracts.
The bill was read the second time. There being no objection, Substitute House Bill No. 2811 was substituted for House Bill No. 2811 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2811 was read the second time.
With the consent of the House, amendment number 965 to Substitute House Bill No. 2811 was withdrawn.
Representative Cole moved the adoption of amendment (964):
On page 2, line 16, strike "later" and insert "earlier"
On page 2, line 16, after "," strike "which" and insert "((which)) but in no case must notification be provided earlier than May 15th. The"
Representative Cole spoke in favor of the adoption of the amendment.
Representative Talcott spoke against the adoption of the amendment.
The amendment was not adopted.
Representative Cole moved the adoption of amendment (963):
On page 2, line 8, beginning with "In" strike all material through "contract." on line 17 and insert:
"In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before: (1) For nonrenewal due to an enrollment decline or loss of revenue, ((May)) June 15th preceding the commencement of such term of that determination((,)) or ((if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be)) no later than ((June 1st)) thirty days after the governor signs the omnibus appropriations act, whichever is later((, which)); and (2) For nonrenewal due to all other causes, May 15th preceding the commencement of such term of that determination. The notification shall specify the cause or causes for nonrenewal of contract."
Representative Cole spoke in favor of the adoption of the amendment.
Representative Talcott spoke against the adoption of the amendment.
Representative Cole again spoke in favor of the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Johnson and L. Thomas spoke in favor of passage of the bill.
Representatives Cole, Quall, Linville and Quall (again) spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2811.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2811 and the bill passed the House by the following vote: Yeas - 56, Nays - 42, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 56.
Voting nay: Representatives Appelwick, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Honeyford, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe and Wood - 42.
Substitute House Bill No. 2811, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2818, by Representatives Cooke and Boldt
Changing provisions relating to WorkFirst assistance units.
The bill was read the second time. There being no objection, Substitute House Bill No. 2818 was substituted for House Bill No. 2818 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2818 was read the second time.
Representative Cooke moved the adoption of amendment (967):
On page 1, line 9, after "allocate" strike "the full amount of the household's income" and insert "half of the excluded household member's earnings"
On page 1, line 11, after "member." insert "Other allowable deducations may be deducted from the excluded household member's earnings."
Representative Cooke spoke in favor of the adoption of the amendment.
Representative Tokuda spoke against the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Cooke, Boldt and Clements spoke in favor of passage of the bill.
Representatives Tokuda, Veloria, Kastama and Mason spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2818.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2818 and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dunshee, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 58.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 40.
Engrossed Substitute House Bill No. 2818, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2911, by Representatives Reams, Cairnes and Thompson
Imposing mitigation measures under the state environmental policy act.
The bill was read the second time. There being no objection, Substitute House Bill No. 2911 was substituted for House Bill No. 2911 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2911 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Reams, Radcliff and Dyer spoke in favor of passage of the bill.
Representatives Romero, Anderson, Gardner and Lantz spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2911.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2911 and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, L., Thompson, Van Luven, Zellinsky and Mr. Speaker - 60.
Voting nay: Representatives Anderson, Appelwick, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Thomas, B., Tokuda, Veloria, Wensman, Wolfe and Wood - 38.
Substitute House Bill No. 2911, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2925, by Representatives Chandler, Cairnes, Radcliff, Robertson, Linville, Backlund, Regala, Mitchell and Scott
Changing water provisions.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 2925 was substituted for House Bill No. 2925 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 2925 was read the second time.
Representative Linville moved the adoption of the amendment (986):
On page 6, after line 2, insert the following:
"(10) An intertie shall not be used to deliver a primary or secondary supply of water to a receiving system on a temporary basis unless the terms of the intertie agreement specify the source of the water that will be used by the receiving system to replace the water delivered on the temporary basis and provide that replacement water will be available for delivery to or use by the receiving system before delivery by the supplying system under the agreement is terminated. However, if a primary or secondary supply of water is delivered to a receiving system on a temporary basis by means of an intertie on the effective date of this subsection and the agreement between the supplying system and receiving system does not contain such provision for such a replacement supply of water for the receiving system, the delivery of the water by the supplying system to the receiving system shall not be terminated until the agreement is modified to establish such provisions and such replacement water is available for delivery to or use by the receiving system."
Representative Linville spoke in favor of the adoption of the amendment.
The amendment was adopted.
Representative Linville moved the adoption of amendment (907):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The department of ecology shall continue to work toward the goal of resolving municipal water use and public water supply issues in a manner that provides solutions that benefit both out-of-stream and in-stream users. The department shall address the definition of municipal water supply purposes and other issues related to relinquishment, the use of previously unused water under permits or certificate, issues relating to interties and other means of transferring municipal water, and any other appropriate subject matter relating to municipal water use. The department of ecology shall report the group’s findings and any recommendations to the appropriate legislative committees by December 1, 1998."
Correct the title
Representative Linville spoke in favor of the adoption of the amendment.
Representative Chandler spoke against the adoption of the amendment
The amendment was not adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Chandler and Linville spoke in favor of passage of the bill.
Representative Regala spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2925.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2925 and the bill passed the House by the following vote: Yeas - 73, Nays - 25, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cooke, Cooper, Crouse, DeBolt, Delvin, Dunn, Dyer, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 73.
Voting nay: Representatives Butler, Cody, Cole, Constantine, Conway, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gombosky, Kastama, Keiser, Kenney, Mason, Murray, Ogden, Poulsen, Regala, Romero, Sommers, H., Tokuda, Veloria and Wolfe - 25.
Engrossed Second Substitute House Bill No. 2925, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2418, by Representatives Johnson, Talcott, Sterk, Sump, Mulliken, Lambert, Carlson, Thompson, Smith, McCune, Benson, O'Brien and Mason
Requiring coursework in comprehensive beginning reading instruction as a prerequisite to teacher certification.
The bill was read the second time. There being no objection, Substitute House Bill No. 2418 was substituted for House Bill No. 2418 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2418 was read the second time.
Representative Linville moved the adoption of amendment (961):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.410 RCW to read as follows:
(1) By June 30, 1999, the state board of education shall provide the administration of a reading instruction competency assessment to all persons seeking initial certification with primary responsibility for instruction in elementary grades in the state. The assessment shall measure the applicant's ability to teach beginning reading skills effectively as demonstrated through instructional methodologies based on reliable and replicable teaching strategies for beginning reading.
(2) The state board shall submit the proposed reading instruction competency assessment to the education committees of the house of representatives and senate for review before implementing the assessment.
(3) The state board shall establish and each applicant must achieve a minimum assessment score as a condition to being issued a teaching certificate.
(4) The state board of education and the superintendent of public instruction, as determined by the state board, may contract with one or more third parties for:
(a) The development, purchase, administration, scoring, and reporting of scores of the assessments established by the state board under this section;
(b) Related clerical and administrative activities; or
(c) Any combination of the purposes in this subsection.
(5) The state board shall ensure that, at a minimum, teachers, administrators, and representatives of institutions of higher education participate in the development and implementation of the assessments."
Correct the title.
Representatives Linville, Keiser, Cole and Linville again spoke in favor of the adoption of the amendment.
Representatives Johnson, Talcott and Sterk spoke against the adoption of the amendment.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the adoption of the amendment number 961 to Substitute House Bill No. 2418, and the amendment was not adopted by the following vote: Yeas - 41, Nays - 57, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lantz, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
With the consent of the House, amendment number 970 to Substitute House Bill No. 2418 was withdrawn.
Representative Lantz, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on amendment number 961 to Substitute House Bill No. 2418. The motion was carried.
RECONSIDERATION
The Speaker stated the question before the House to be adoption of amendment number 961 to Substitute House Bill No. 2418 on reconsideration.
ROLL CALL
The Clerk called the roll on the final adoption of amendment number 961 to Substitute House Bill No. 2418 on reconsideration and the amendment was not adopted by the House by the following vote: Yeas - 43, Nays - 55, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe, Wood and Mr. Speaker - 43.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman and Zellinsky - 55.
Representative Dyer, having voted on the prevailing side, moved that the rules be suspended, and that the House immediately reconsider the vote on amendment number 961 to Substitute House Bill No. 2418. The motion was carried.
RECONSIDERATION
The Speaker stated the question before the House to be adoption of amendment number 961 to Substitute House Bill No. 2418 on reconsideration.
ROLL CALL
The Clerk called the roll on the adoption of amendment number 961 to Substitute House Bill No. 2418 on reconsideration and the amendment did not passed the House by the following vote: Yeas - 41, Nays - 57, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Johnson, Smith, Clements, Talcott, Sehlin, Benson, Sump and Johnson (again) spoke in favor of passage of the bill.
Representatives Cole, Linville, Dunshee, Keiser, Quall, Veloria and Gardner spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2418.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2418 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
Substitute House Bill No. 2418, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the rules were suspended and House Bill No. 3124 was placed on second reading.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 3124, by Representatives Johnson, Talcott, Smith, Hickel, Sterk, Sump, Mastin, Radcliff, Benson, Mielke, Sherstad, Backlund and Delvin
Establishing reading improvement programs.
The bill was read the second time.
Representative Keiser moved the adoption of amendment (990):
On page 4, beginning on line 5, strike all material through "subsection;" on line 10
Renumber the remaining subsections consecutively and correct any internal references accordingly.
Representatives Keiser, Linville, Cole and Keiser again spoke in favor of the adoption of the amendment.
Representatives Johnson and Hickel spoke against the adoption of the amendment.
The amendment was not adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Johnson, Carlson, Lambert, Smith, Mastin, Pennington, Talcott, Hickel and Johnson again spoke in favor of passage of the bill.
Representatives Cole, Keiser, Dunshee, Kastama, Morris, Dickerson, Linville and Quall spoke against passage of the bill.
Representative Cooke demanded the previous question and the demand was sustained.
The Speaker stated the question before the House to be final passage of House Bill No. 3124.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3124 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Smith, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
House Bill No. 3124, having received the constitutional majority, was declared passed.
MESSAGES
February 16, 1998
Mr. Speaker:
The Senate has passed:
SUBSTITUTE SENATE BILL NO. 5277,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5769,
SUBSTITUTE SENATE BILL NO. 6119,
SECOND SUBSTITUTE SENATE BILL NO. 6156,
SECOND SUBSTITUTE SENATE BILL NO. 6190,
SUBSTITUTE SENATE BILL NO. 6201,
SUBSTITUTE SENATE BILL NO. 6208,
SUBSTITUTE SENATE BILL NO. 6240,
SUBSTITUTE SENATE BILL NO. 6242,
SUBSTITUTE SENATE BILL NO. 6243,
SUBSTITUTE SENATE BILL NO. 6253,
SUBSTITUTE SENATE BILL NO. 6306,
SUBSTITUTE SENATE BILL NO. 6396,
SECOND SUBSTITUTE SENATE BILL NO. 6544,
SUBSTITUTE SENATE BILL NO. 6549,
SUBSTITUTE SENATE BILL NO. 6558,
SUBSTITUTE SENATE BILL NO. 6590,
SUBSTITUTE SENATE BILL NO. 6727,
SUBSTITUTE SENATE BILL NO. 6731,
SUBSTITUTE SENATE BILL NO. 6737,
SUBSTITUTE SENATE BILL NO. 6746,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
February 16, 1998
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6117,
ENGROSSED SENATE BILL NO. 6139,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6174,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6290,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6408,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6431,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6560,
and the same are herewith transmitted.
Susan Carlson, Deputy Secretary
HOUSE BILL NO. 3031, by Representatives McMorris, Boldt, Chandler and Clements
Defining misconduct for unemployment insurance purposes.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative McMorris spoke in favor of passage of the bill.
There being no objection, the House deferred consideration of House Bill No. 3031, and the bill held its place on third reading.
HOUSE BILL NO. 3044, by Representative McMorris
Determining an injured worker's wages for temporary total disability compensation eligibility.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives McMorris and Honeyford spoke in favor of passage of the bill.
Representatives Conway and Wood spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 3044.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3044 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Smith, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.
House Bill No. 3044, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3049, by Representatives Linville, Chandler, Fisher, Mastin, Murray, Romero, Gardner, Robertson, Regala, K. Schmidt, Mitchell, Huff, Cooper, Scott, Tokuda, Mason, Ogden, Kenney and Morris
Providing for watershed planning and project mitigation.
The bill was read the second time. There being no objection, Second Substitute House Bill No. 3049 was substituted for House Bill No. 3049 and the second substitute bill was placed on the second reading calendar.
Second Substitute House Bill No. 3049 was read the second time.
Representative Linville moved the adoption of amendment (860):
On page 2, after line 24, insert the following:
"(5) The intent of this act is to enable the optimized expenditure of project mitigation dollars on prioritized protection, restoration, and enhancement activities within a watershed. Watershed plans should follow guidance created by the work group to ensure that such priorities can be met while meeting all local, state, and federal laws."
Representative Linville spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Linville and Chandler spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 3049.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 3049 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Second Substitute House Bill No. 3049, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3078, by Representatives Ballasiotes, Zellinsky and McDonald
Restricting juvenile diversion eligibility.
The bill was read the second time.
Representative Ballasiotes moved the adoption of amendment (940):
On page 2, beginning on line 30, after "committed" strike all material through "adjudication" on line 32
On page 3, at the end of line 8, insert "If the alleged offender does not fall under (6) of this section only because the alleged offender has a prior deferred disposition or deferred adjudication, the prosecutor may also consider the recency and seriousness of the charge for which the offender received the deferred disposition or deferred adjudication."
Representatives Ballasiotes and Wolfe spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Ballasiotes, Costa, Constantine, Wolfe, Sheahan and Ballasiotes again spoke in favor of passage of the bill.
Representative Robertson spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 3078.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 3078, and the bill passed the House by the following vote: Yeas - 91, Nays - 7, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sommers, H., Sump, Talcott, Thomas, B., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.
Voting nay: Representatives Chandler, Honeyford, Robertson, Sherstad, Sterk, Sullivan, Thomas and L. - 7.
Engrossed House Bill No. 3078, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3096, by Representatives Zellinsky and L. Thomas
Declaring the state's preemption of excise or privilege taxes on health care services.
The bill was read the second time. There being no objection, Substitute House Bill No. 3096 was substituted for House Bill No. 3096 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 3096 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Zellinsky, Dunshee, Smith, DeBolt and Smith (again) spoke in favor of passage of the bill.
Representatives Gardner and Dickerson spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 3096.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 3096 and the bill passed the House by the following vote: Yeas - 79, Nays - 19, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cooke, Cooper, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 79.
Voting nay: Representatives Butler, Chopp, Cole, Constantine, Conway, Costa, Dickerson, Fisher, Gardner, Lantz, Mason, Murray, Quall, Regala, Romero, Sommers, H., Sullivan, Tokuda and Veloria - 19.
Substitute House Bill No. 3096, having received the constitutional majority, was declared passed.
There being no objection, the House deferred consideration of House Bill No. 3099, House Bill No. 3106 and House Bill No. 2308, and the bills held their places on second reading.
HOUSE BILL NO. 2371, by Representatives Carlson, Radcliff, Constantine, Sheahan, Mulliken, Kastama, Johnson, Gardner, Pennington, Kenney, H. Sommers, L. Thomas, Kessler, Anderson and Dyer
Creating a medical expense plan for certain retirees.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carlson and H. Sommers spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 2371.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2371 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 2371, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2422, by Representatives Mulliken, Smith, Johnson, Talcott, Sump, Sterk, Thompson, Koster, McCune, Boldt and Backlund
Clarifying parents' rights in public education.
The bill was read the second time. There being no objection, Substitute House Bill No. 2422 was substituted for House Bill No. 2422 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2422 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Mulliken and Cole spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2422.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2422 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Ballasiotes - 1.
Substitute House Bill No. 2422, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2462, by Representatives Backlund, Dyer and Anderson
Providing for the registration of surgical technologists.
The bill was read the second time. There being no objection, Substitute House Bill No. 2462 was substituted for House Bill No. 2462 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2462 was read the second time.
Representative Backlund moved the adoption of amendment (972):
On page 1, line 17, after "chapter to" strike "practice" and insert "perform"
On page 2, beginning on line 3, after "and" strike all material through "assisting/scrub" on line 4 and insert "duties in the surgical setting"
On page 2, line 8, after "may" strike "practice" and insert "perform"
On page 2, line 10, after "registered" strike "to practice"
On page 2, line 14, after "(1)" strike "The practice of surgical" and insert "Surgical"
On page 2, line 17, after "(2)" strike "The practice of surgical" and insert "Surgical"
On page 2, line 20, after "(3)" strike "The practice of surgical" and insert "Surgical"
On page 5, line 35, after "July 1," strike "1998" and insert "1999"
Representative Backlund spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Backlund and Cody spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2462.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2462 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
Engrossed Substitute House Bill No. 2462, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2490, by Representatives Carlson, Ogden, Conway, Wolfe, Lambert, H. Sommers, D. Sommers, Schoesler, Gardner and Carrell; by request of Joint Committee on Pension Policy
Sharing investment gains.
The bill was read the second time. There being no objection, Substitute House Bill No. 2490 was substituted for House Bill No. 2490 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2490 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Carlson, H. Sommers and Ogden spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2490.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2490 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Lisk - 1.
Substitute House Bill No. 2490, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2544, by Representatives H. Sommers, Sehlin, Ogden, D. Sommers, Carlson, Conway and O'Brien; by request of Joint Committee on Pension Policy
Funding the state retirement systems.
The bill was read the second time. There being no objection, Substitute House Bill No. 2544 was substituted for House Bill No. 2544 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2544 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives H. Sommers and Carlson spoke in favor of passage of the bill.
Representative Conway spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2544.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2544 and the bill passed the House by the following vote: Yeas - 91, Nays - 7, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Cooke, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wood, Zellinsky and Mr. Speaker - 91.
Voting nay: Representatives Conway, Cooper, Dickerson, Keiser, Romero, Sullivan and Wolfe - 7.
Substitute House Bill No. 2544, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2752, by Representatives Bush, Crouse, Gardner, Cairnes, Dyer, Mulliken, Morris, Linville, Reams, Romero, Smith, McDonald, Ogden, Dickerson, Butler, O'Brien, Ballasiotes, Talcott and Appelwick; by request of Attorney General
Relating to electronic mail.
The bill was read the second time. There being no objection, Substitute House Bill No. 2752 was substituted for House Bill No. 2752 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2752 was read the second time.
Representative Bush moved the adoption of amendment (855):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the volume of commercial electronic mail is growing, and the consumer protection division of the attorney general's office reports an increasing number of consumer complaints about commercial electronic mail. Interactive computer service providers indicate that their systems sometimes cannot handle the volume of commercial electronic mail being sent and that filtering systems fail to screen out unsolicited commercial electronic mail messages when senders use a third party's internet domain name without the third party's permission, or otherwise misrepresent the message's point of origin. The legislature seeks to provide some immediate relief to interactive computer service providers by prohibiting the sending of commercial electronic mail messages that use a third party's internet domain name without the third party's permission, misrepresent the message's point of origin, or contain untrue or misleading information in the subject line.
The legislature also finds that the utilization of electronic mail messages for commercial purposes merits further study. A select task force should be created to explore technical, legal, and cost issues surrounding the usage of electronic mail messages for commercial purposes and to recommend to the legislature any potential legislation needed for regulating commercial electronic mail messages.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease.
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(3) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by any intervening interactive computer service that may handle or retransmit the message.
(4) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(5) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
NEW SECTION. Sec. 3. (1) No person, corporation, partnership, or association may initiate the transmission of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) For purposes of this section, a person, corporation, partnership, or association knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.
NEW SECTION. Sec. 4. (1) It is a violation of the consumer protection act, chapter 19.86 RCW, to initiate the transmission of a commercial electronic mail message that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 5. (1) Damages to the recipient of a commercial electronic mail message sent in violation of this chapter are five hundred dollars, or actual damages, whichever is greater.
(2) Damages to an interactive computer service resulting from a violation of this chapter are one thousand dollars, or actual damages, whichever is greater.
NEW SECTION. Sec. 6. (1) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of this chapter.
(2) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail which it reasonably believes is, or will be, sent in violation of this chapter.
NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 19 RCW.
NEW SECTION. Sec. 8. (1) The select task force on commercial electronic mail messages is hereby created. The select task force shall:
(a) Identify technical, legal, and cost issues in relation to the transmission and receipt of commercial electronic mail messages over the internet;
(b) Evaluate whether existing laws are sufficient to resolve any technical, legal, or financial problems created by the increasing volume of commercial electronic mail messages;
(c) Review efforts being made by the federal government and other states to regulate the transmission of commercial electronic mail messages; and
(d) Prepare a report identifying policy options and recommendations for any potential legislation needed to regulate commercial electronic mail messages. The report shall be delivered to the house of representatives energy and utilities committee by November 15, 1998.
(2) The select task force shall be composed of three members, consisting of:
(a) Two members of the house of representatives, one from each of the two largest caucuses, each member being a member of the house of representatives energy and utilities committee, appointed by the speaker of the house of representatives; and
(b) One person appointed by the governor.
(3) The select task force shall solicit input from interested parties, including but not limited to, persons representing:
(a) Attorney general's consumer protection division;
(b) Internet service providers;
(c) Direct marketers;
(d) Manufacturers of electronic mail messaging software;
(e) Nonprofit organizations interested in free speech and other civil liberty matters; and
(f) Internet users.
(4) Staff support for the select task force shall be provided by the house of representatives office of program research.
(5) This section expires December 31, 1998."
Correct the title.
Representatives Bush and Morris spoke in favor of the adoption of the amendment.
The amendment was adopted. The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Bush, Poulsen and Morris spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2752.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2752 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 97.
Voting nay: Representative Sherstad - 1.
Engrossed Substitute House Bill No. 2752, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2785, by Representatives Van Luven, McMorris, Honeyford, Gardner, Cairnes, Sheahan and Morris
Prescribing disclosures required for prize promotions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2785 was substituted for House Bill No. 2785 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2785 was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Van Luven, Clement and Gardner spoke in favor of passage of the bill.
Representatives Cole and Wood spoke against passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute House Bill No. 2785.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2785 and the bill passed the House by the following vote: Yeas - 82, Nays - 16, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Clements, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dyer, Eickmeyer, Gardner, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Poulsen, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Zellinsky and Mr. Speaker - 82.
Voting nay: Representatives Appelwick, Chopp, Cody, Cole, Costa, Dunshee, Fisher, Gombosky, Keiser, Kenney, Murray, Quall, Regala, Romero, Scott and Wood - 16.
Substitute House Bill No. 2785, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 3053, by Representatives Clements and Skinner
Relating to distribution options for members of teachers' retirement system, plan III.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Clements and H. Sommers spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of House Bill No. 3053.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 3053 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.
House Bill No. 3053, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eighth order of business.
There being no objection, House Rule 13C was suspended.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2395, by Representatives Sterk, Mulliken, D. Schmidt, Johnson, D. Sommers, Koster, Sherstad, Sheahan, Thompson, Mielke, Smith, Dunn, Boldt and Backlund
Limiting partial-birth abortions.
The bill was read the second time. There being no objection, Substitute House Bill No. 2395 was substituted for House Bill No. 2395 and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2395 was read the second time.
Representative Appelwick moved the House indefinitely postpone consideration of Substitute House Bill No. 2395.
Representative Hatfield demanded an electronic roll call and the demand was sustained.
The Speaker stated the question before the House to be the motion by Representative Appelwick to indefinitely postpone consideration of Substitute House Bill No. 2395.
ROLL CALL
The Clerk called the roll on the motion by Representative Appelwick to indefinitely postpone consideration of Substitute House Bill No. 2395, and the motion was not adopted by the following vote: Yeas - 41, Nays - 57, Absent - 0, Excused - 0.
Voting yea: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 41.
Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Representative Dyer moved the adoption of amendment (974):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.02 RCW to read as follows:
It is a class c felony for a physician to perform a partial-birth abortion on a viable fetus except to protect the life or health of the woman."
Correct internal references and the title.
Representative Sterk moved the adoption of amendment (999) to amendment (974):
On page 1, line 5, strike all of "NEW SECTION. Sec. 1." and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.02 RCW to read as follows:
(1) It is a class c felony for a physician to perform a partial-birth abortion.
(2) For purposes of this act, "Partial-birth abortion" means a procedure in which the person performing the procedure deliberately and intentionally delivers a fetus or a substantial portion of a fetus into or partially through the birth canal for the purpose of performing a procedure the physician knows will terminate the life of the fetus and then terminates the life of the fetus before the fetus has been completely removed from the birth canal.
NEW SECTION. Sec. 2. A new section is added to chapter 9.02 RCW to read as follows:
(a) This act shall not apply to an abortion performed to terminate a pregnancy when the abortion is:
(1) Performed on a fetus that has not reached viability, as viability is defined under law; or
(2) Performed to preserve the physical health of a mother; or
(3) Performed to save the life of a mother because her life is endangered by a physical disorder, physical illness, or physical injury.
(b) For purposes of this act, "Preserve the physical health of a mother" means a threat to the health of a mother exists that so complicates the medical condition of the mother as to require the immediate termination of the pregnancy for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function of the mother.
Sec. 3. RCW 9.02.100 and 1992 c 1 s 1 are each amended to read as follows:
The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
(1) Every individual has the fundamental right to choose or refuse birth control;
(2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 ((and)), 9.02.900 through 9.02.902, and sections 1 and 2 of this act;
(3) Except as specifically permitted by RCW 9.02.100 through 9.02.170 ((and)), 9.02.900 through 9.02.902, and sections 1 and 2 of this act, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and
(4) Except as specifically permitted by RCW 9.02.100 through 9.02.170, 9.02.900 through 9.02.902, and sections 1 and 2 of this act, the state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information."
Representatives Sterk and Mulliken spoke in favor of the adoption of the amendment to the amendment.
Representative Costa spoke against the adoption of the amendment to the amendment.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
The Speaker stated the question before the House to be adoption of amendment 999 to amendment (974).
ROLLCALL
The Clerk called the roll on the adoption of amendment 999 to amendment 974, and the amendment was adopted by the following vote: Yeas - 55, Nays - 43, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 55.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Reams, Regala, Romero, Scott, Skinner, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 43.
The Speaker stated the question before the House to be amendment 974 as amended.
Representative Sheahan spoke in favor of adoption of the amendment as amended.
Representative Appelwick spoke against the adoption of the amendment as amended.
Representative Hatfield demanded an electronic roll call vote and the demand was sustained.
The Speaker stated the question before the House to be adoption amendment 974 as amended, to Substitute House Bill No. 2395.
ROLLCALL
The Clerk called the roll on the adoption of amendment 974 as amended, to Substitute House Bill No. 2395, and the amendment was adopted by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.
Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Reams, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 41.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Sterk spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2395.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2395 and the bill passed the House by the following vote: Yeas - 58, Nays - 40, Absent - 0, Excused - 0.
Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 58.
Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Dickerson, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Reams, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 40.
Engrossed Substitute House Bill No. 2395, having received the constitutional majority, was declared passed.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Lisk, the House adjourned until 10:00 a.m., Tuesday, February 17, 1998.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker