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FORTY SEVENTH DAY




AFTERNOON SESSION




House Chamber, Olympia, February 27, 1998


             The House was called to order at 1:30 p.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 a Sergeant at Arms Color Guard, Pages Stephanie Bryan and Erich Davis. Prayer was offered by Pastor Judy Schultz, Crown Hill United Methodist Church, Seattle.


             The Speaker assumed the chair.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


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


SECOND READING


             HOUSE BILL NO. 2417, by Representatives Pennington, Mielke, Hatfield, Doumit, Ogden, Carlson, Alexander and Hankins

 

Authorizing local vehicle license fees adopted to fund specific projects.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2417 was substituted for House Bill No. 2417 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2417 was read the second time.


             Representative Mielke moved the adoption of amendment (1018):


             On page 1, line 6 after "county, or" strike "of" and insert "subject to subsection (7) of this section,"


             On page 2, line 20 after "(7)" strike all material through line 31 and insert the following:

             "For purposes of this section, a "qualifying city or town" means a city or town residing within a county having a population of greater than seventy-five thousand in which is located all or part of a national monument. A qualifying city or town may impose the fee authorized in subsection (1) subject to the following conditions and limitations:

             (a) The city or town may impose the fee only if authorized to do so by a majority of voters voting at a general or special election on a proposition for that purpose. At a minimum, the ballot measure shall contain: (i) a description of the transportation project proposed for funding, properly identified by mileposts or other designations that specify the project parameters; (ii) the proposed number of months or years necessary to fund the city or town's share of the project cost; and (iii) the amount of fee to be imposed for the project.

             (b) The city or town may not impose a fee that, if combined with the county fee, exceeds fifteen dollars. If a county imposes or increases a fee under this section that, if combined with the fee imposed by a city or town, exceeds fifteen dollars, the city or town fee shall be reduced or eliminated as needed so that in no city or town does the combined fee exceed fifteen dollars. All revenues from county-imposed fees shall be distributed as called for in RCW 82.80.020(1).

             (c) Any fee imposed by a city or town under this section shall expire at the end of the term of months or years provided in the ballot measure, or when the city or town's bonded indebtedness on the project is retired, whichever is sooner."


             Representative Mielke 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 Pennington and Fisher spoke in favor of passage of the bill.


MOTION


             On motion of Representative Kessler, Representative Costa was excused.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2417.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2417 and the bill passed the House by the following vote: Yeas - 91, Nays - 6, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, 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., Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 91.

             Voting nay: Representatives Carrell, Chandler, Koster, Sherstad, Sterk and Van Luven - 6.

             Excused: Representative Costa - 1.


             Engrossed Substitute House Bill No. 2417, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 3015, by Representatives Huff, Fisher, K. Schmidt, Zellinsky, Talcott, Carrell, Johnson, Kessler, Lantz and Eickmeyer

 

Providing tax exemptions for the state route number 16 corridor.


             The bill was read the second time. There being no objection, Substitute House Bill No. 3015 was substituted for House Bill No. 3015 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 3015 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 Huff, Lantz and Fisher 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. 3015.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 3015 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             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, 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.

             Excused: Representative Costa - 1.


             Substitute House Bill No. 3015, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1184, by Representatives Van Luven, Mason, Smith, Dunn, Carrell, Delvin, Cairnes, Sheldon, B. Thomas, Morris, Quall, Koster, Mulliken, Sherstad, Schoesler, D. Schmidt, Hatfield, Wood, Honeyford and Backlund

 

Repealing the sales tax on coin-operated laundromats in apartments and mobile home communities.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1184 was substituted for House Bill No. 1184 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1184 was read the second time.


             Representative Conway moved the adoption of amendment (1013):


             On page 1, after line 3, insert:

             "NEW SECTION. Sec. 1. The legislature understands the intent of the sponsors of this bill is to provide relief for low-income families for their laundry costs."


             Renumber sections consecutively and correct any internal references accordingly.


             Representatives Conway, Dunshee, Chopp and Mason spoke in favor of the adoption of the amendment.


             Representatives B. Thomas, Pennington and Carrell spoke against the adoption of 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 1013 to Substitute House Bill No. 1184.


ROLL CALL


             The Clerk called the roll on the adoption of the amendment 1013 to Substitute House Bill No. 1184, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Butler, Cairnes, 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, Van Luven, Veloria, Wolfe, Wood and Zellinsky - 44.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, 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, Wensman and Mr. Speaker - 54.


             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, Dunshee, Mastin, Morris and Zellinsky 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. 1184.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1184 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.


             Substitute House Bill No. 1184, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1185, by Representatives Van Luven, Mason, Smith, Carrell, Dickerson, Dunn, Cairnes, Morris, B. Thomas, Delvin, Sheldon, Quall, Koster, Mulliken, Sherstad, Schoesler, Hatfield and Backlund

 

Repealing the sales tax on landscape maintenance.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1185 was substituted for House Bill No. 1185 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1185 was read the second time.


             Representative B. Thomas moved the adoption of amendment (1023):


             On page 5, line 30, strike "July 1, 1998" and insert "January 1, 1999"


             Representative B. Thomas spoke in favor of the adoption of the amendment.


             Representative Dunshee spoke against the adoption of the amendment.


             The amendment was adopted.


             Representative Dunshee moved the adoption of amendment (1014):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 82.04.050 and 1997 c 127 s 1 are each amended to read as follows:

             (1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who:

             (a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or

             (b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or

             (c) Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or

             (d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or

             (e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in (a), (b), (c), (d), or (e) of this subsection following such use. The term also means every sale of tangible personal property to persons engaged in any business which is taxable under RCW 82.04.280 (2) and (7) and 82.04.290.

             (2) The term "sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following:

             (a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and excluding services rendered in respect to live animals, birds and insects;

             (b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture;

             (c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner;

             (d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting;

             (e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW;

             (f) The sale of and charge made for the furnishing of lodging and all other services by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same;

             (g) The sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b), (c), (d), (e), and (f) of this subsection when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of this section and nothing contained in subsection (1) of this section shall be construed to modify this subsection.

             (3) The term "sale at retail" or "retail sale" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities:

             (a) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, ski lifts and tows, day trips for sightseeing purposes, and others, when provided to consumers;

             (b) Abstract, title insurance, and escrow services;

             (c) Credit bureau services;

             (d) Automobile parking and storage garage services;

             (e) Landscape maintenance and horticultural services in excess of one hundred dollars per month but excluding (i) horticultural services provided to farmers and (ii) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility;

             (f) Service charges associated with tickets to professional sporting events; and

             (g) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating services.

             (4) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator.

             (5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.

             (6) The term shall not include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind.

             (7) The term shall also not include sales of chemical sprays or washes to persons for the purpose of postharvest treatment of fruit for the prevention of scald, fungus, mold, or decay, nor shall it include sales of feed, seed, seedlings, fertilizer, agents for enhanced pollination including insects such as bees, and spray materials to: (a) Persons who participate in the federal conservation reserve program, the environmental quality incentives program, the wetlands reserve program, and the wildlife habitat incentives program, or their successors administered by the United States department of agriculture; (b) farmers for the purpose of producing for sale any agricultural product; and (c) farmers acting under cooperative habitat development or access contracts with an organization exempt from federal income tax under 26 U.S.C. Sec. 501(c)(3) or the Washington state department of fish and wildlife to produce or improve wildlife habitat on land that the farmer owns or leases.

             (8) The term shall not include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. Nor shall the term include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development.


             NEW SECTION. Sec. 2. This act takes effect July 1, 1998."


             Representatives Dunshee, Conway and Dickerson spoke in favor of the adoption of the amendment.


             Representatives B. Thomas, Pennington and Smith spoke against the adoption of 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 1014 to Substitute House Bill No. 1185.


ROLL CALL


             The Clerk called the roll on the adoption of amendment 1014 to Substitute House Bill No. 1185, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 58, 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, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 40.

             Voting nay: 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, Quall, 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.


             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 Van Luven, Pennington, Carrell, Pennington (again), Benson and Johnson spoke in favor of passage of the bill.


             Representatives H. Sommers, Mason, Morris, Hatfield, Veloria, Gardner, Conway and Cole spoke against passage of the bill.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1185.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1185 and the bill failed to passed the House by the following vote: Yeas - 62, Nays - 36, 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, Kastama, Kessler, 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, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 62.

             Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Lantz, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 36.


             Engrossed Substitute House Bill No. 1185, having failed to receive two-thirds majority, was declared lost.


             HOUSE BILL NO. 1276, by Representatives Carrell, Sheldon, Morris, Quall, Koster, Smith, Mulliken, Sherstad, Crouse, D. Sommers and Backlund

 

Removing the sales tax on and adjusting the business and occupation taxation of physical fitness services.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1276 was substituted for House Bill No. 1276 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1276 was read the second time.


             Representative Dunshee moved the adoption of amendment (1015):


             On page 4, beginning on line 9, after "(a)" strike all material through "consumers" on line 11, and insert "Amusement and recreation services including but not limited to ((golf,)) pool, billiards, ((skating, bowling, ski lifts and tows)) pinball machines, video games, day trips for sightseeing purposes, and others, when provided to consumers, but not including: Golf, skating, bowling, swimming, ski lifts and tows, basketball, racquet ball, handball, squash, tennis, and all batting cages; exercise classes such as aerobic, dance, water, and jazzercise; providing running tracks, weight lifting, and weight training; use of exercise equipment such as treadmills, bicycles, stair-masters, and rowing machines; providing personal trainers who are persons who assess individuals' workout needs and tailor a physical fitness workout program to meet those individual needs; and the provision of related facilities such as basketball courts, tennis courts, handball courts, swimming pools, and charges made for providing the opportunity to dance"


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1015 to Substitute House Bill No. 1276.


SPEAKER'S RULING


             Mr. Speaker: Representative B. Thomas, the Speaker is prepared to rule on your Point of Order which challenges the Scope and Object on amendment 1015 to Substitute House Bill No. 1276.


             The Title of House Bill No. 1276 is "AN ACT Relating to the taxation of physical fitness services." As explained in the bill report, the object of the bill is to remove just three words which were added to RCW 82.04.050 in 1993 - physical fitness services. The effect of the 1993 law was to make those services subject to the sales tax. The object of House Bill No. 1276 is to take the sales tax off of those services.


             Amendment 1015 seeks to remove the sales tax from activities that were made subject to the sales tax prior to 1993 and which would remain subject to the tax even if the 1993 language were to be removed by House Bill No. 1276.


             The Speaker finds that since the Scope of House Bill No. 1276 is to remove the taxation of physical fitness services and the removal of such taxation would not result in a tax cuts proposed by amendment 1015 it is clear that amendment 1015 is beyond the Scope of House Bill No. 1276.


             Representative B. Thomas, your Point of Order is well taken.


             Representative B. Thomas moved the adoption of amendment (1019):


             On page 5, beginning on line 30, strike section 2.


             Renumber sections consecutively, correct any internal references accordingly, and correct the title.


             Representative B. Thomas 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 Carrell, B. Thomas, Quall, Wensman, Alexander, Huff, Sehlin and Buck spoke in favor of passage of the bill.


             Representatives Dunshee, Keiser, Cole, H. Sommers and Dickerson spoke against passage of the bill.


             Representative Zellinsky demanded the previous question and the demand was sustained.


             The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1276.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1276 and the bill failed to pass the House by the following vote: Yeas - 63, Nays - 35, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, 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 - 63.

             Voting nay: Representatives Appelwick, Cairnes, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Eickmeyer, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Kessler, Lantz, Mason, Murray, O'Brien, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 35.


             Engrossed Substitute House Bill No. 1276, having failed to received two-thirds majority, was declared lost.


             HOUSE BILL NO. 1328, by Representatives Schoesler, Chandler, Sheahan, Mulliken, Bush, McMorris and Mastin; by request of Department of Revenue

 

Revising the business and occupation tax on the handling of hay, alfalfa, and seed.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1328 was substituted for House Bill No. 1328 and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 1328 was read the second time.


             With the consent of the House, amendment number 1025 to Second Substitute House Bill No. 1328 was withdrawn.


             Representative Schoesler moved the adoption of amendment (1011):


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows:

             Upon every person engaging within this state in the business of making wholesale sales to farmers of seed conditioned for use in planting and not packaged for retail sale, or in the business of conditioning seed for planting owned by others; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.011 percent.

             For the purposes of this section, "seed" means seed potatoes and all other "agricultural seed" as defined in RCW 15.49.011. "Seed" does not include "flower seeds" or "vegetable seeds" as defined in RCW 15.49.011, or any other seeds or propagative portions of plants used to grow ornamental flowers or used to grow any type of bush, moss, fern, shrub, or tree.


             NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows:

             (1) This chapter does not apply to amounts received by a person engaging within this state in the business of: (a) Making wholesale sales to farmers of seed conditioned for use in planting and not packaged for retail sale; or (b) conditioning seed for planting owned by others.

             (2) For the purposes of this section, "seed" means seed potatoes and all other "agricultural seed" as defined in RCW 15.49.011. "Seed" does not include "flower seeds" or "vegetable seeds" as defined in RCW 15.49.011, or any other seeds or propagative portions of plants used to grow ornamental flowers or used to grow any type of bush, moss, fern, shrub, or tree.


             Sec. 3. RCW 82.04.290 and 1997 c 7 s 2 are each amended to read as follows:

             (1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.

             (2) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, ((and)) 82.04.280, and section 1 of this act, and subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.

             This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.


             Sec. 4. RCW 82.04.260 and 1996 c 148 s 2 and 1996 c 115 s 1 are each reenacted and amended to read as follows:

             (1) Upon every person engaging within this state in the business of buying wheat, oats, dry peas, dry beans, lentils, triticale, canola, corn, rye and barley, but not including any manufactured ((or processed)) products thereof, and selling the same at wholesale; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.011 percent.

             (2) Upon every person engaging within this state in the business of manufacturing wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent.

             (3) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.275 percent.

             (4) Upon every person engaging within this state in the business of manufacturing seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent.

             (5) Upon every person engaging within this state in the business of manufacturing by canning, preserving, freezing, processing, or dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen, processed, or dehydrated by the seller and sold to purchasers who transport in the ordinary course of business the goods out of this state; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen, processed, or dehydrated multiplied by the rate of 0.33 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record.

             (6) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.

             (7) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.

             (8) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.

             (9) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.

             (10) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

             (11) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.363 percent.

             (12) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.363 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.

             (13) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.

             If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.

             (14) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.55 percent.

             (15) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.


             NEW SECTION. Sec. 5. (1) Sections 1 and 3 of this act take effect only if House Bill No. 2335 fails to become law.

             (2) Section 2 of this act takes effect only if House Bill No. 2335 becomes law.


             NEW SECTION. Sec. 6. This act takes effect July 1, 1998."


             Correct the title.


             Representatives Schoesler and Dunshee 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 Schoesler, Morris, Dyer and Cooper spoke in favor of passage of the bill.


MOTION


             On motion of Representative Cairnes, Representative Clements was excused.


             The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1328.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1328 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, 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.

             Excused: Representative Clements - 1.


             Engrossed Second Substitute House Bill No. 1328, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on House Bill No. 2335 and the bill held its place on second reading.


             HOUSE BILL NO. 1447, by Representatives Robertson, L. Thomas, Clements, Kastama and Cooke

 

Providing tax exemptions related to thoroughbred horses.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1447 was substituted for House Bill No. 1447 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1447 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 Robertson and Dunshee 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. 1447.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1447 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, 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.

             Excused: Representative Clements - 1.


             Substitute House Bill No. 1447, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on House Bill No. 1553 and the bill held its place on second reading.


             SUBSTITUTE HOUSE BILL NO. 2180, by House Committee on Transportation Policy & Budget (originally sponsored by Representatives K. Schmidt, Radcliff, Mitchell, O'Brien and Robertson)

 

Establishing a state policy and program for freight mobility strategic investments.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 2180 was substituted for Substitute House Bill No. 2180 and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 2180 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 K. Schmidt and Fisher spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 2180.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 2180 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, 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.

             Excused: Representative Clements - 1.


             Second Substitute House Bill No. 2180, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2278, by Representatives Honeyford and Lisk

 

Exempting electric generating facilities powered by landfill gas from sales and use taxes.


             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 Honeyford and Dunshee spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of House Bill No. 2278.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2278 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, 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.

             Excused: Representative Clements - 1.


             House Bill No. 2278, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on House Bill No. 2947 and the bill held its place on the second reading.


             HOUSE BILL NO. 3120, by Representatives Hankins, Huff, Sehlin, K. Schmidt, Cooke, Crouse, Ballasiotes, Mitchell, Skinner, Delvin and Kessler

 

Regarding lottery revenues.


             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 Hankins spoke in favor of the passage of the bill.


             Representative Cody spoke against the passage of the bill.


             There being no objection, the House deferred action on House Bill No. 3120 and the bill held its place on third reading.


             There being no objection, the House advanced to the eighth order of business.


             There being no objection, the rules were suspended, the Rules Committee was relieved of House Bill No. 2491 and the bill was placed on second reading.


             There being no objection, the House reverted to the sixth order of business.


SECOND READING


             HOUSE BILL NO. 2491, by Representative Carlson, H. Sommers, Ogden, Conway, Wolfe, Lambert, D. Sommers, O'Brien, Schoesler, Alexander and Gardner; by request of Joint Committee on Pension Policy


             Sharing of extraordinary investment gains.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2491 was substituted for House Bill No. 2491 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2491 was read the second time.


             Representative Carlson moved adoption of amendment (1022):


             On page 2, beginning on line 8, strike all of subsection (2) and insert the following:

             "(2) The gain-sharing increase amount for July 1998, as provided for in section 1 of this act, is ten cents."


             On page 16, beginning on line 6, strike all of section 13


             Renumber the remaining sections consecutively and correct internal references accordingly.


             Correct the title.


             Representative Carlson spoke in favor of adoption of the amendment.


             The amendment was adopted. The bill 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 Carlson, H. Sommers and Conway 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. 2491.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2491 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.


             Engrossed Substitute House Bill No. 2491, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 5217, by Senators Bauer, Winsley, Franklin, Long, Fraser, Roach, Loveland, Rasmussen, Goings, Swecker, Kohl, Oke, Patterson and Haugen; by request of Joint Committee on Pension Policy

 

Providing death benefits for volunteer fire fighters.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Appropriations was adopted. (For Committee amendment, see Journal, 43rd Day, February 23, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Carlson, Chandler, Ogden, Pennington, Cooper, Morris, Doumit, Honeyford and Eickmeyer spoke in favor of passage of the bill.


MOTION


             On motion of Representative Cairnes, Representative Reams was excused.


             The Speaker stated the question before the House to be final passage of Senate Bill No. 5217, as amended by the House.


ROLL CALL


             The clerk called the roll on passage of Senate Bill No. 5217, as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             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, 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.

             Excused: Representative Reams - 1.


             Senate Bill No. 5217, as amended by the House, having received the constitutional majority, was declared passed.


             The Speaker called upon Representative Pennington to preside.


             SUBSTITUTE SENATE BILL NO. 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.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 5853.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5853 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             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, 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.

             Excused: Representative Reams - 1.


             Substitute Senate Bill No. 5853, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Substitute Senate Bill No. 5873 and the bill held its place on second reading.


             SENATE BILL NO. 6118, by Senators Long and Spanel

 

Clarifying "gifts" for purposes of ethics in public service.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6118.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6118 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             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, 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.

             Excused: Representative Reams - 1.


             Senate Bill No. 6118, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6122, by Senators Morton and Rasmussen; by request of Department of Agriculture

 

Inspecting horticultural products.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Agriculture & Ecology was adopted. (For Committee amendment, see Journal, 43rd Day, February 23, 1998.)


             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 Senate Bill No. 6122, as amended by the House.


ROLL CALL


             The Clerk called the roll on Senate Bill No. 6122, as amended by the House and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             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, 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.

             Excused: Representative Reams - 1.


             Senate Bill No. 6122, as amended by the House, having received the constitutional majority, was declared passed.


             ENGROSSED SENATE BILL NO. 6123, by Senators Morton and Rasmussen; by request of Department of Agriculture

 

Regulating animal health.


             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 Chandler and Anderson 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 Senate Bill No. 6123.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6123 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             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, 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.

             Excused: Representative Reams - 1.


             Engrossed Senate Bill No. 6123, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6129, by Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Fraser and Winsley; by request of Department of Ecology)

 

Allowing continued use of pollution control tax credits after facilities are modified to maintain effective pollution control.


             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 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 Substitute Senate Bill No. 6129.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6129 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.

             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, 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.

             Excused: Representative Reams - 1.


             Substitute Senate Bill No. 6129, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6136, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Oke and Long)

 

Including drug offenses in background checks.


             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 Tokuda and Cooke spoke in favor of passage of the bill.


MOTION


             On motion by Representative Cairnes, Representatives Dyer and Van Luven were excused.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6136.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6136 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6136, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6158, by Senators Morton and Rasmussen

 

Repealing duplicate authority for the Washington state wheat commission.


             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 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 Senate Bill No. 6158.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6158 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6158, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6159, by Senators Morton and Rasmussen

 

Repealing the authority for the Washington land bank.


             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 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 Senate Bill No. 6159.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6159 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6159, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6171, by Senators Strannigan, Fraser, West and Spanel; by request of Public Works Board

 

Authorizing loans for projects recommended by the public works board.


             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 Sehlin and Ogden spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6171.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6171 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6171, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6175, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Strannigan, Haugen, Sellar, Brown and Loveland; by request of State Treasurer)

 

Authorizing financing contracts.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was adopted. (For Committee amendment, see Journal, 45th Day, February 25, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6175, as amended by the House.


ROLL CALL


             The Clerk called the roll on Substitute Senate Bill No. 6175, as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6175, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6192, by Senators Sellar, Snyder and Winsley; by request of State Investment Board

 

Providing for the operation of the state investment board.


             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 Cairnes, Wolfe and L. Thomas spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6192.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6192 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6192, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6202, by Senators Winsley and Prentice; by request of Department of Financial Institutions

 

Changing the securities act to conform with federal statute.


             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 L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6202.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6202 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6202, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6219, by Senators McDonald, McCaslin, Patterson, West and Hale; by request of Office of Financial Management

 

Making technical corrections to the Revised Code of Washington concerning reports to the legislature that are no longer necessary.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Government Administration was adopted. (For Committee amendment, see Journal, 45th Day, February 25, 1998.)


             Representative D. Sommers moved the adoption of amendment (1028):


             On page 3, line 33, strike all of section 3.


             Renumber subsequent sections consecutively and correct the title and any internal references accordingly.


             The amendment was adopted.


             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, Scott and L. Thomas spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6219, as amended by the House.


ROLL CALL


             The Clerk called the roll on Senate Bill No. 6219, as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6219, as amended by the House, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6285, by Senate Committee on Government Operations (originally sponsored by Senators Goings, McCaslin, Haugen, Winsley, Patterson and Rasmussen)

 

Revising provisions relating to imposition of benefit charges by fire protection districts.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6285.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6285 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6285, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 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.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was adopted. (For Committee amendment, see Journal, 45th Day, February 25, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6302, as amended by the House.


ROLL CALL


             The Clerk called the roll on Substitute Senate Bill No. 6302, as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6302, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6303, by Senators Bauer, Long, Franklin, Winsley, Rossi, Roach and Fraser; by request of Joint Committee on Pension Policy

 

Restoring retirement service credit.


             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 D. Sommers and H. Sommers spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6303.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6303 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6303, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6355, by Senators Winsley, Prentice, Sellar, Heavey, Benton and Hale; by request of Department of Financial Institutions

 

Regulating share insurance for credit unions.


             The bill was read the second time.


             There being no objection, the committee amendment by the Committee on Financial Institutions & Insurance was adopted. (For Committee amendment, see Journal, 43rd Day, February 23, 1998.)


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6355, as amended by the House.


ROLL CALL


             The Clerk called the roll on Senate Bill No. 6355, as amended by the House and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6355, as amended by the House, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6483, by Senator West

 

Authorizing the transfer of enforcement of cigarette and tobacco taxes to the liquor control board.


             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 Conway spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6483.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6483 and the bill passed the House by the following vote: Yeas - 93, Nays - 2, Absent - 0, Excused - 3.

             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, Doumit, Dunshee, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 93.

             Voting nay: Representatives Dickerson and Dunn - 2.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Senate Bill No. 6483, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6489, by Senate Committee on Government Operations (originally sponsored by Senators McCaslin, Long, Hargrove, Fairley, Goings, Hale, Kline, Thibaudeau, Prince, Patterson, Winsley, Kohl, Oke and Haugen)

 

Specifying that there will be no primary for a district court position when there are no more than two candidates filed for the position.


             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 D. Sommers and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6489.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6489 and the bill passed the House by the following vote: Yeas - 95, Nays - 0, Absent - 0, Excused - 3.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 95.

             Excused: Representatives Dyer, Reams and Van Luven - 3.


             Substitute Senate Bill No. 6489, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 6507, by Senate Committee on Government Operations (originally sponsored by Senators Wood, Haugen, Oke, Heavey, Swecker, Prentice, Schow, Wojahn, Long, Loveland, Hale, Kline, West, Patterson, Snyder, Goings, Jacobsen, Spanel, Fairley, Fraser, McAuliffe, Brown and Kohl)

 

Eliminating the expiration of the state cosmetology, barbering, esthetics, and manicuring advisory board.


             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 D. Sommers and Scott spoke in favor of passage of the bill.


MOTION


             On motion of Representative Talcott, Representative Chandler was excused.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6507.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6507 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Substitute Senate Bill No. 6507, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred action on Substitute Senate Bill No. 6565 and the bill held its place on second reading.


             SUBSTITUTE SENATE BILL NO. 6575, by Senate Committee on Government Operations (originally sponsored by Senators Hale, T. Sheldon, McCaslin, Snyder, Horn, McDonald, Sellar, Newhouse, Schow, Strannigan, Benton, Zarelli, Stevens, Roach, Heavey and Oke)

 

Extending the powers of the joint administrative rules review committee.


             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 Cairnes 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 Substitute Senate Bill No. 6575.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 6575 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Substitute Senate Bill No. 6575, having received the constitutional majority, was declared passed.


             SENATE BILL NO. 6631, by Senators McCaslin and Haugen

 

Specifying declaration of candidacy requirements for school director candidates in joint districts.


             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 D. Schmidt and Scott spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Senate Bill No. 6631.


ROLL CALL


             The Clerk called the roll on the final passage of Senate Bill No. 6631 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Senate Bill No. 6631, having received the constitutional majority, was declared passed.


             SUBSTITUTE SENATE BILL NO. 5873, by Senate Committee on Financial Institutions, Insurance & Housing (originally sponsored by Senators Benton and Winsley)

 

Defining terms under the model toxics control act.


             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 Parlette 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 Substitute Senate Bill No. 5873.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute Senate Bill No. 5873 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Substitute Senate Bill No. 5873, having received the constitutional majority, was declared passed.


             There being no objection, the rules were suspended and House Bill No. 3120 was returned to second reading for purpose of amendments.


             With the consent of the House, amendment number 1002 to House Bill No. 3120 was withdrawn.


             Representative Hankins moved the adoption of amendment (1020):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 67.70.040 and 1994 c 218 s 4 are each amended to read as follows:

             The commission shall have the power, and it shall be its duty:

             (1) To promulgate such rules governing the establishment and operation of a state lottery as it deems necessary and desirable in order that such a lottery be initiated at the earliest feasible and practicable time, and in order that such lottery produce the maximum amount of net revenues for the state consonant with the dignity of the state and the general welfare of the people. Such rules shall include, but shall not be limited to, the following:

             (a) The type of lottery to be conducted which may include the selling of tickets or shares. The use of electronic or mechanical devices or video terminals which allow for individual play against such devices or terminals shall be prohibited. Approval of the legislature shall be required before entering any agreement with other state lotteries to conduct shared games;

             (b) The price, or prices, of tickets or shares in the lottery;

             (c) The numbers and sizes of the prizes on the winning tickets or shares;

             (d) The manner of selecting the winning tickets or shares;

             (e) The manner and time of payment of prizes to the holder of winning tickets or shares which, at the director's option, may be paid in lump sum amounts or installments over a period of years;

             (f) The frequency of the drawings or selections of winning tickets or shares. Approval of the legislature is required before conducting any on-line game in which the drawing or selection of winning tickets occurs more frequently than once every twenty-four hours;

             (g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;

             (h) The method to be used in selling tickets or shares;

             (i) The licensing of agents to sell or distribute tickets or shares, except that a person under the age of eighteen shall not be licensed as an agent;

             (j) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public. A bonus or marketing incentive may not be given in the form of cash unless the omnibus appropriations act specifically appropriates moneys for such cash incentives;

             (k) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources among: (i) Transfer to the state’s general fund, which shall not be less than the proportion of gross annual revenue specified in the omnibus appropriations act, (ii) ((The))the payment of prizes to the holders of winning tickets or shares, which shall not be less than forty-five percent of the gross annual revenue from such lottery, and (iii) transfers to the lottery administrative account created by RCW 67.70.260((, and (iii) transfer to the state's general fund)). Transfers to the state general fund shall be made in compliance with RCW 43.01.050;

             (l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.

             (2) To ensure that in each place authorized to sell lottery tickets or shares, on the back of the ticket or share, and in any advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning ticket.

             (3) To amend, repeal, or supplement any such rules from time to time as it deems necessary or desirable.

             (4) To advise and make recommendations to the director for the operation and administration of the lottery."


             Representatives Hankins and Cody 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 Hankins spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 3120.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 3120 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

             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, 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, 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, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 94.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             Engrossed House Bill No. 3120, having received the constitutional majority, was declared passed.


             The Speaker assumed the chair.


             HOUSE BILL NO. 2335, by Representatives B. Thomas, Mulliken, Thompson, Morris, Gardner, Linville, Backlund, Cooke, Carrell, Kastama, Schoesler, Van Luven, Dunn and Lambert; by request of Department of Revenue

 

Consolidating business and occupation tax rates into fewer categories.


             The bill was read the second time.


             Representative Morris moved the adoption of amendment (1024):


             On page 7, after line 3, insert the following:


             "NEW SECTION. Sec. 7. A new section is added to chapter 82.04 RCW to read as follows:

             Notwithstanding the rates of taxation provided in RCW 82.04.240 through 82.04.290, inclusive, upon every person taxable under this chapter whose value of products, gross proceeds of sales, or gross income of the business from all business activities taxable under this chapter is less than one hundred fifty thousand dollars per tax year, as to such persons, the amount of tax with respect to such business shall be equal to the value of the products, gross proceeds of sales, or gross income of the business, multiplied by the rate of 0.138 percent."


             Renumber the remaining sections consecutively and correct any internal references and the title accordingly.


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1024 to House Bill No. 2335.


SPEAKER'S RULING


             Representative Thomas, the Speaker is prepared to rule on your Point of Order which challenges amendment 1024 as being beyond the Scope and Object of House Bill No. 2335.


             The title of House Bill No. 2335 is "AN ACT Relating to consolidating business and occupation tax rates into fewer categories." Under current law B&0 taxes are levied in one of ten categories, House Bill No. 2355 reduces the number of categories to six by consolidating rates and in the instance of the lowest rate, eliminating the tax entirely.


             Amendment 1024 provides that businesses with gross proceeds from sales of less than $150,000 per year should pay a lower B&O tax rate than businesses that sell the same products but gross more than $150,000 per year from such sales. The effect of the amendment is to create a new category of B&O taxes for certain smaller businesses.


             House Bill No. 2335 consolidates and eliminates categories. Amendment 1024 creates a new category of taxpayers.


             The Speaker finds that amendment 1024 is beyond the Scope of the title of House Bill No. 2335.


             Representative Thomas, Your Point of Order is well taken.


             Representative Morris moved the adoption of amendment (1017):


             On page 8, after line 25, insert the following:


             "NEW SECTION. Sec. 8. A new section is added to chapter 82.04 RCW to read as follows:

             (1) This chapter shall not apply to the gross sales or the gross income received by a new small business located in an eligible area as defined in RCW 82.62.010.

             (2) As used in this section:

             (a) "New small business" means a business that: (i) Obtained or was required to obtain a registration certificate under RCW 82.32.030 for the first time during the thirty-six months immediately preceding the date in which an exemption is claimed under this section; and (ii) for the business, the value of products, gross proceeds of sales, or gross income of the business, from all business activities, is less than five million dollars per year.

             (b) For out-of-state entities first engaging in business in this state, "new small business" means a person or company, as defined in RCW 82.04.030, located outside this state that: (i) Obtained or was required to obtain registration with any state, federal, or foreign agency for the first time during the thirty-six months immediately preceding the date in which an exemption is claimed under this section; and (ii) for the business, the value of products, gross proceeds of sales, or gross income of the business, from all business activities, is less than five million dollars per year.

             (c) "New small business" does not include:

             (i) A business that has been restructured, reorganized, or transferred, unless the majority of the activities to be conducted after restructuring, reorganization, or transferral are significantly different from the activities previously conducted;

             (ii) A new branch location or other facility; or

             (iii) A business that is substantially similar to a business currently operated, or operated within the past twelve years, by the same principals."


             Renumber the remaining sections consecutively and correct any internal references and the title accordingly.


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1017 to House Bill No. 2335.


SPEAKER'S RULING


             Representative Thomas, the Speaker is prepared to rule on your Point of Order which challenges amendment 1017 as being beyond the Scope and Object of House Bill No. 2335.


             The title of House Bill No. 2335 is "AN ACT Relating to consolidating business and occupation tax rates into fewer categories." Under current law B&0 taxes are levied in one of ten categories, House Bill No. 2355 reduces the number of categories to six by consolidating rates and in the instance of the lowest rate, eliminating the tax entirely.


             Amendment 1017 would provide that certain businesses located in ceratin places would be exempt from paying B&0 taxes for three years. The amendment would not result in any consolidation of B&0 tax categories, the amendment would not eliminate any B&0 tax categories,

The amendment would simply provide that some businesses would not have to pay B&0 taxes while other businesses conducting the same sales would have to pay such taxes.


             The Speaker finds that amendment 1017 is beyond the Scope of the title.


             Representative Thomas, Your Point of Order is well taken.


             Representative Gardner moved the adoption of amendment (1021):


             On page 8, after line 25, insert the following:


             "Sec. 8. RCW 82.04.4451 and 1997 c 238 s 2 are each amended to read as follows:

             (1) In computing the tax imposed under this chapter, a credit is allowed against the amount of tax otherwise due under this chapter, as provided in this section. The maximum credit for a taxpayer for a reporting period is ((thirty-five)) fifty dollars multiplied by the number of months in the reporting period, as determined under RCW 82.32.045.

             (2) When the amount of tax otherwise due under this chapter is equal to or less than the maximum credit, a credit is allowed equal to the amount of tax otherwise due under this chapter.

             (3) When the amount of tax otherwise due under this chapter exceeds the maximum credit, a reduced credit is allowed equal to twice the maximum credit, minus the tax otherwise due under this chapter, but not less than zero.

             (4) The department may prepare a tax credit table consisting of tax ranges using increments of no more than five dollars and a corresponding tax credit to be applied to those tax ranges. The table shall be prepared in such a manner that no taxpayer will owe a greater amount of tax by using the table than would be owed by performing the calculation under subsections (1) through (3) of this section. A table prepared by the department under this subsection shall be used by all taxpayers in taking the credit provided in this section.


             NEW SECTION. Sec. 9. Section 8 of this act applies to the entire period of reporting periods ending after the effective date of this section."


             Renumber the remaining sections consecutively and correct any internal references and the title accordingly.


POINT OF ORDER


             Representative B. Thomas requested a Scope and Object ruling on amendment 1021 to House Bill No. 2335.


SPEAKER'S RULING


             Representative Thomas, the Speaker is prepared to rule on your Point of Order which challenges amendment 1021 as being beyond the Scope and Object of House Bill No. 2335.


             The title of House Bill No. 2335 is "AN ACT Relating to consolidating business and occupation tax rates into fewer categories." Under current law B&0 taxes are levied in one of ten categories, House Bill No. 2355 reduces the number of categories to six by consolidating rates and in the instance of the lowest rate, eliminating the tax entirely.


             Amendment 1021 would increase the small business credit for the B&0 tax from $420 per year to $600 per year. The amendment would not result in any consolidation of B&0 tax categories, the amendment would not eliminate any B&0 tax categories, the amendment would simply provide that some businesses, but not all businesses, would receive a credit against B&0 tax liability.


             The Speaker finds that amendment 1021 is beyond the Scope of the title of House Bill No. 2335.


             Representative Thomas, Your Point of Order is well taken.


             With the consent of the House, amendment number 1012 to House Bill No. 2335 was withdrawn.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives B. Thomas, Morris and Conway spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of House Bill No. 2335.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 2335, and the bill passed the House by the following vote: Yeas - 88, Nays - 6, Absent - 0, Excused - 4.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chopp, Clements, Cody, Cole, Constantine, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dunshee, Eickmeyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McCune, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 88.

             Voting nay: Representatives Conway, Dickerson, Fisher, Mason, Regala, Sommers and H. - 6.

             Excused: Representatives Chandler, Dyer, Reams and Van Luven - 4.


             House Bill No. 2335, having received the constitutional majority, was declared passed.


             The Speaker called upon Representative Robertson to preside.


             There being no objection, the House reverted to the fourth order of business.


INTRODUCTIONS AND FIRST READING

 

HB 3130           by Representatives Tokuda, Van Luven, Ballasiotes, Skinner, Hankins, Grant, Kenney, Mason, Veloria, Fisher, Butler, Doumit, Dickerson, Regala, Conway, Wolfe, Ogden, Keiser, Cody, Linville, Morris, Cole, Scott, Anderson, Hatfield, Romero, Murray, Gardner, Eickmeyer, Kessler, Appelwick, Chopp, Poulsen, Cooper, Costa, Wood, O'Brien, Constantine, Quall and H. Sommers

 

AN ACT Relating to ensuring equal opportunity without quotas in public employment, education, and contracting.


             Held on first reading from 2/25/98.

 

HB 3132           by Representatives K. Schmidt, Mitchell, Chandler, Cairnes, Backlund, Zellinsky, Radcliff, Sterk, Robertson, Hankins, Buck, Lambert, Schoesler and Skinner

 

AN ACT Relating to transportation funding and appropriations.

 

Referred to Committee on Transportation Policy & Budget.


             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.


REPORTS OF STANDING COMMITTEES


February 25, 1998

HB 3122           Prime Sponsor, Representative Ballasiotes: Regarding work ethic camp programs. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.

             Excused: Representative Radcliff.


             Passed to Rules Committee for second reading.


February 27, 1998

HCR 4433         Prime Sponsor, Representative Linville: Resolving to establish a joint select committee on salmon restoration. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Assistant Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.


             Passed to Rules Committee for second reading.


February 26, 1998

HCR 4434         Prime Sponsor, Representative Chandler: Creating a joint select committee on water quality. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass. Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Regala and Sump.

             Excused: Representatives Parlette and Mastin.


             Passed to Rules Committee for second reading.


February 26, 1998

2SSB 5084        Prime Sponsor, Senate Senate Committee on Ways & Means: Modifying the definition of a qualified party and the amount of attorneys' fees they may recover in an action appealing a state agency directive. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Fisher and Gardner.


             Voting Yea: Representatives Reams, Sherstad,, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz, Fisher and Gardner.

             Excused: Representative Cairnes.


             Referred to Committee on Appropriations.


February 27, 1998

SB 5094            Prime Sponsor, Senator Roach: Prescribing procedures for release of offenders. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             On page 2, line 32, replace "conviction" with "((conviction)) remand to custody"

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 5098       Prime Sponsor, Senate Committee on Ways & Means: Changing provisions relating to bond debt service payments from the community and technical college capital projects account. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives Sehlin, Chairman; Honeyford, Vice Chairman; Ogden, Ranking Minority Member; Sullivan, Assistant Ranking Minority Member; Costa; Hankins; Koster; Lantz; Mitchell; D. Sommers and H. Sommers.


             Voting Yea: Representatives Sehlin, Honeyford, Ogden, Sullivan, Costa, Hankins, Koster, Lantz, Mitchell, D. Sommers and H. Sommers.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 5164            Prime Sponsor, Senator Haugen: Removing certain tenants and occupants from a mobile home park. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 59.20.030 and 1993 c 66 s 15 are each amended to read as follows:

             For purposes of this chapter:

             (1) "Abandoned" as it relates to a mobile home owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy;

             (2) "Landlord" means the owner of a mobile home park and includes the agents of a landlord;

             (3) "Mobile home lot" means a portion of a mobile home park designated as the location of one mobile home and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home;

             (4) "Mobile home park" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;

             (5) "Mobile home park cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members;

             (6) "Mobile home park subdivision" means real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots;

             (7) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot;

             (8) "Tenant" means any person, except a transient, who rents a mobile home lot; ((and))

             (9) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence;

             (10) "Occupant" means any person, including a live-in care provider, other than a tenant, who occupies a mobile home and mobile home lot.


             Sec. 2. RCW 59.20.080 and 1993 c 66 s 19 are each amended to read as follows:

             (1) A landlord shall not terminate or fail to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration except for one or more of the following reasons:

             (a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate;

             (b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;

             (c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;

             (d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes or mobile home living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;

             (e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change;

             (f) Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. The requirement that any tenant or occupant register as a sex offender under RCW 9A.44.130 is grounds for eviction under this subsection. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action;

             (g) The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent;

             (h) If the landlord serves a tenant three fifteen-day notices within a twelve-month period to comply or vacate for failure to comply with the material terms of the rental agreement or park rules. The applicable twelve-month period shall commence on the date of the first violation;

             (i) Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including chapter 59.20 RCW. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

             (j) The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;

             (k) The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;

             (l) Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall ((be)) give (([shall give])) the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; or

             (m) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, after service of a five-day notice to comply or vacate.

             (2) Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section. It is a defense to an eviction under subsection (1)(a) of this section that a landlord did not participate in the mediation process in good faith.

             (3) Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles from mobile home parks.


             Sec. 3. RCW 59.20.090 and 1980 c 152 s 2 are each amended to read as follows:

             (1) Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement, unless((:

             (a))) a different specified term is agreed upon((; or

             (b) The landlord serves notice of termination without cause upon the tenant prior to the expiration of the rental agreement: PROVIDED, That under such circumstances, at the expiration of the prior rental agreement the tenant shall be considered a month-to-month tenant upon the same terms as in the prior rental agreement until the tenancy is terminated)).

             (2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in writing three months prior to the effective date of any increase in rent((: PROVIDED, That if a landlord serves a tenant with notice of a rental increase at the same time or subsequent to serving the tenant with notice of termination without cause, such rental increase shall not become effective until the date the tenant is required to vacate the leased premises pursuant to the notice of termination or three months from the date notice of rental increase is served, whichever is later)).

             (3) A tenant shall notify the landlord in writing one month prior to the expiration of a rental agreement of an intention not to renew.

             (4)(a) The tenant may terminate the rental agreement upon thirty days written notice whenever a change in the location of the tenant's employment requires a change in his residence, and shall not be liable for rental following such termination unless after due diligence and reasonable effort the landlord is not able to rent the mobile home lot at a fair rental. If the landlord is not able to rent the lot, the tenant shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends;

             (b) Any tenant who is a member of the armed forces may terminate a rental agreement with less than thirty days notice if he receives reassignment orders which do not allow greater notice."


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Vice Chairman; Veloria, Ranking Minority Member; Eickmeyer, Assistant Ranking Minority Member; Alexander; Ballasiotes; Mason; McDonald and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Eickmeyer, Mason, McDonald and Morris.


             Passed to Rules Committee for second reading.


February 28, 1998

2ESB 5185       Prime Sponsor, Senator Horn: Revising procedures for growth management hearings boards. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Sherstad, Vice Chairman; Bush; Mielke; Mulliken and Thompson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Fisher and Gardner.


             Voting Yea: Representatives Reams, Sherstad, Bush, Mielke, Mulliken and Thompson.

             Voting Nay: Representatives Romero, Lantz, Fisher and Gardner.

             Excused: Representative Cairnes.


             Passed to Rules Committee for second reading.


February 24, 1998

ESB 5242         Prime Sponsor, Senator Oke: Requiring personal flotation devices for children on certain recreational vessels. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 88.12.115 and 1993 c 244 s 14 are each amended to read as follows:

             (1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.

             (2) No person may operate or permit to be operated a vessel under nineteen feet in length while underway unless each person twelve years of age or younger on the vessel wears a United States coast guard-approved personal flotation device.

             (3) Except as provided in RCW 88.12.015, a violation of subsection (1) or (2) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.

             (((3))) (4) A violation of subsection (1) or (2) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.

             (5) Enforcement of subsection (2) of this section by law enforcement officers may be accomplished only as a secondary action if a vessel has been detained for a suspected violation of this chapter or some other offense."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Eickmeyer; Hatfield and Pennington.

 

MINORITY recommendation: Without recommendation. Signed by Representative Chandler.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Voting Nay: Representative Chandler.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 5258            Prime Sponsor, Senator Hochstatter: Providing medical assistance in public schools. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 28A.210.280 and 1994 sp.s. c 9 s 721 are each amended to read as follows:

             (1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290, if the catheterization is provided for in substantial compliance with:

             (a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules; and

             (b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.

             (2) School district employees, except those licensed under chapter 18.79 or 18.88A RCW, who have not agreed in writing to perform clean, intermittent bladder catheterizations, may file a written letter of refusal to perform clean, intermittent bladder catheterizations of students. This written letter of refusal shall not serve as grounds for discharge, nonrenewal, or other actions adversely affecting the employee’s contract status.

             (3) This section does not require school districts to provide intermittent bladder catheterization of students."


             Correct the title

 

Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Linville; Quall; Smith; Sterk; Sump; Talcott and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Cole, Keiser, Linville, Quall, Smith, Sterk, Sump, Talcott and Veloria.


             Referred to Committee on Appropriations.


February 26, 1998

E3SSB 5278     Prime Sponsor, Senate Committee on Ways & Means: Requiring dependency investigations for infants born drug affected. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that all children have the right to be born healthy and free of the consequences of the nonprescription use of controlled substances and/or the abuse of alcohol by the mother during pregnancy. Individuals who have a drug or alcohol addiction are unable to make reasoned decisions that help ensure the birth of a healthy infant. The availability of long-term pharmaceutical birth control, when combined with other treatment regimens, may allow women to regain control of their lives and make long-term decisions in the best interest of themselves and their children. The legislature further finds that a third or subsequent drug-affected infant being born to the same mother means it may be unreasonable to attempt to continue efforts to reunify the family and that all reasonable reunification efforts that have previously been made have proven futile and there is no likelihood that future efforts will produce a different outcome.


             NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

             (1) A physician licensed under chapter 18.71 or 18.57 RCW, an advanced registered nurse practitioner licensed under chapter 18.79 RCW, or a midwife licensed under chapter 18.50 RCW, primarily responsible for the care of a newborn infant, who has reasonable cause to believe an infant has been exposed to nonprescription use of controlled substances or alcohol must notify the department of the name and address of the parent or parents of an infant who is drug-affected.

             (2) The physician or advanced registered nurse practitioner or midwife responsible for the delivery of the infant must, as soon as practical, inform the mother of a drug-affected infant of: (a) Her right to publicly funded tubal ligation surgery as provided under section 12 of this act; (b) available drug treatment and counseling; and (c) birth control counseling and education. The mother may accept the offer of a tubal ligation up to six months following its tender.

             (3) A physician who makes any determination under this section shall not be liable in any cause of action as a result of his or her determination except for acts of gross negligence or intentional misconduct.


             NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:

             (1) The department, upon receipt of a report under section 2 of this act, shall investigate and, if the department has reasonable cause to believe that the infant is drug-affected, is in need of treatment for conditions related to the infant's exposure to nonprescription use of controlled substances or alcohol including withdrawal, and the parents of the child cannot adequately care for the child's conditions, the department shall take custody of the child for the purpose of obtaining treatment for the child. Where medically indicated, the department may place the infant in an appropriate birth facility or pediatric care program, and access services for the treatment of the child's drug-affected condition. The child's withdrawal shall be under the supervision of appropriate health care professionals. The department shall retain custody of the child until the court assumes custody, until the department upon a documented and substantiated record determines that the child's parents can adequately care for the infant's condition, or until the department decides not to file a dependency petition under subsection (2) of this section.

             (2) After an investigation in response to a receipt of a report under section 2 of this act, the department shall, in appropriate cases, file a dependency petition under this chapter. In the event the department does not file a petition, it shall refer the mother to available chemical dependency treatment programs or a model project.

             (3) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis or be referred to a model project created under section 10 of this act.

             (4) If the department and mother enter an agreement under subsection (3) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency for as long as the mother remains in treatment or enrolled in the model project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a model project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.


             NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:

             (1) If the department receives a report under section 2 of this act of a mother who has given birth to a second drug-affected infant, the department:

             (a) May request the court to proceed immediately with the entry of a dependency for the first drug-affected infant; and

             (b) Shall investigate and, unless there are compelling reasons to the contrary, file a dependency petition on the second drug-affected infant. If the department does not file a petition, it shall refer the woman to available chemical dependency treatment programs or a model project.

             (2) The department and the mother may enter an agreement in which the mother agrees to: (a) Enter chemical dependency inpatient treatment or a model project, together with an aftercare program that includes participation in a model project when feasible; and (b) medically appropriate pharmaceutical pregnancy prevention. The selection of the pregnancy prevention method shall be based on an evaluation of the medical and physical consequences to the mother and shall remain in effect until the dependency petition is dismissed or the court determines it is no longer medically appropriate.

             (3) If the department and the mother enter an agreement under subsection (2) of this section, the department shall request the court to defer the entry of an order of dependency on the second drug-affected infant for as long as the mother remains in treatment or enrolled in the model project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a model project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.


             NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

             The department may request the court to dismiss the petition deferred under section 3 or 4 of this act at any time, but a petition may not be vacated or dismissed unless the mother demonstrates by clear and convincing evidence that she has not used controlled substances in a nonprescription manner for at least twelve consecutive months and can safely provide for the child's welfare without continuing supervision by the department or court.


             NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

             If the department receives a report under section 2 of this act of a mother who has given birth to a third or subsequent drug-affected infant, the department shall:

             (1) Request the court to proceed immediately with the entry of a finding of dependency on all drug-affected children born before the third or subsequent birth unless an order of dependency has been vacated or dismissed; and

             (2) File a dependency petition on any drug-affected infant subject to this section as well as any other child born before the third or subsequent birth of a drug-affected infant.


             NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

             Following a filing of a petition under section 6 of this act:

             (1) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020 who shall undertake the processes described in RCW 70.96A.140.

             (2) A court may order removal of a child or children from the home and placed out-of-home under RCW 13.34.130 without finding that reasonable efforts have been made to prevent or eliminate the need for removal and to make it possible for the child to return home.

             (3) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient treatment and any aftercare program for controlled substances ordered by the court.


             NEW SECTION. Sec. 8. By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement this act, including a definition of "drug-affected infant," which shall include infants who are affected by a mother's abuse of alcohol during pregnancy.


             NEW SECTION. Sec. 9. The department shall operate a model project to provide services to women who give birth to infants exposed to the nonprescription use of controlled substances by the mother during pregnancy. The project shall be offered in one site in each of three of the department's administrative regions which have the highest incidence of drug-affected babies annually. The project shall accept women referred to it by the department following the birth of a drug-affected infant. The model project shall be concluded by July 1, 2003.


             NEW SECTION. Sec. 10. A new section is added to chapter 70.96A RCW to read as follows:

             Any treatment program or model project in which a mother is enrolled under sections 3 through 5 of this act shall provide family planning, education, counseling, information, and services other than pregnancy termination. "Family planning services" means the process of limiting or spacing the birth of children. The process may include the provision of acceptable and effective education, counseling, reproductive health care, and testing.


             NEW SECTION. Sec. 11. A new section is added to chapter 74.09 RCW to read as follows:

             The department shall make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under section 3 or 4 of this act. The department shall pay for any tubal ligations requested under section 2 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of chapter . . ., Laws of 1998 (this act); (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.


             NEW SECTION. Sec. 12. The department of social and health services shall study the costs and benefits associated with including mothers of children born affected by alcohol or with fetal alcohol syndrome in the services and responsibilities established in this act. The study shall include a review of appropriate medical and social science research. The department shall report to the governor and legislature by December 1, 1998.


             NEW SECTION. Sec. 13. A new section is added to chapter 18.71 RCW to read as follows:

             Nothing in section 2 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW and sections 10 and 11 of this act.


             Sec. 14. RCW 13.34.070 and 1993 c 358 § 1 are each amended to read as follows:

             (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. Execution of an agreement under section 3 and 4 of this act shall constitute exceptional reasons for a continuance. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

             (2) A copy of the petition shall be attached to each summons.

             (3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

             (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

             (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

             (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.

             (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:

NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.

             (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

             (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.

             (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.


             Sec. 15. RCW 13.34.130 and 1997 c 280 § 1 are each amended to read as follows:

             If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

             (1) The court shall order one of the following dispositions of the case:

             (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

             (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

             (i) There is no parent or guardian available to care for such child;

             (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

             (iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

             (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

             (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

             (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

             (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

             (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

             (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

             (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

             (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim;

             (g) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 6 of this act.

             (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

             (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

             (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

             (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

             (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

             (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

             (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

             (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

             (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

             (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

             (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

             (b) If the child is not returned home, the court shall establish in writing:

             (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

             (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

             (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

             (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

             (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

             (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

             (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

             (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

             (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.


             NEW SECTION. Sec. 16. The policy of the state of Washington is to make every effort to detect as early as feasible and to prevent where possible preventable disorders resulting from parental use of alcohol and drugs.


             NEW SECTION. Sec. 17. The department of health, in consultation with appropriate medical professionals, shall develop screening criteria for use in identifying pregnant or lactating women addicted to drugs or alcohol who are at risk of producing a drug-affected baby. The department shall also develop training protocols for medical professionals related to the identification and screening of women at risk of producing a drug-affected baby.


             NEW SECTION. Sec. 18. The department of health shall investigate the feasibility of medical protocols for laboratory testing or other screening of newborn infants for exposure to alcohol or drugs. The department of health shall consider how to improve the current system with respect to testing, considering such variables as whether such testing is available, its cost, which entity is currently responsible for ordering testing, and whether testing should be mandatory or targeted.


             NEW SECTION. Sec. 19. The department of health shall report to the appropriate legislative committees on its findings under sections 17 and 18 of this act by December 1, 1998.


             NEW SECTION. Sec. 20. (1) The department of health, in collaboration with the department of social and health services, shall develop a comprehensive plan for providing services to mothers who (a) have delivered a drug or alcohol exposed or affected infant, and (b) meet the definition of at-risk eligible persons in RCW 74.09.790 and who have a child up to three years of age. The services to be provided by the plan will include those defined in RCW 74.09.790. The plan shall provide for the coordination of services between the department’s divisions, between other state agencies, and through community based programs. The plan shall further provide recommendations to the legislature for implementing the plan and any alternative methods for addressing the needs of these mothers and their children.

             (2) In developing the plan, the department of health shall inventory the community based programs that may be accessed to provide services to these mothers and their children; evaluate implementing services for these mothers through extension of the maternity care access system; and evaluate the fiscal impact of the plan. In performing the fiscal evaluation, the department will calculate potential long-term cost savings to the state resulting from reduce use of the medical, juvenile justice, public assistance, and dependency systems by children and nothers receiving services under the plan.

             (3) The department shall submit a report describing the plan to the appropriate committees of the house of representatives and senate by November 1, 1998.


             NEW SECTION. Sec. 21. Sections 16 through 20 of this act constitute a new chapter in Title 70 RCW.


             NEW SECTION. Sec. 22. Sections 1 through 7 and 9 through 15 of this act take effect July 1, 1999.


             NEW SECTION. Sec. 23. 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."


             Correct the title.

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 25, 1998

ESSB 5305       Prime Sponsor, Senate Committee on Health & Long-Term Care: Controlling drugs used to facilitate rape. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 69.50.401 and 1997 c 71 s 2 are each amended to read as follows:

             (a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.

             (1) Any person who violates this subsection with respect to:

             (i) a controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or (A) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (B) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;

             (ii) methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or (A) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (B) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost;

             (iii) any other controlled substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (iv) a substance classified in Schedule IV, except flunitrazepam, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (v) a substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

             (b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance.

             (1) Any person who violates this subsection with respect to:

             (i) a counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

             (ii) a counterfeit substance which is methamphetamine, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

             (iii) any other counterfeit substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (iv) a counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

             (v) a counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

             (c) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance. Any person who violates this subsection is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

             (d) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a crime, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both, except as provided for in subsection (e) of this section.

             (e) Except as provided for in subsection (a)(1)(iii) of this section any person found guilty of possession of forty grams or less of marihuana shall be guilty of a misdemeanor.

             (f) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance. A violation of this subsection shall be punished as a class C felony punishable in accordance with RCW 9A.20.021.

             This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.


             Sec. 2. RCW 69.50.406 and 1996 c 205 s 7 are each amended to read as follows:

             (a) Any person eighteen years of age or over who violates RCW 69.50.401(a) by distributing a controlled substance listed in Schedules I or II which is a narcotic drug or methamphetamine, or flunitrazepam listed in Schedule IV, to a person under eighteen years of age is punishable by the fine authorized by RCW 69.50.401(a)(1) (i) or (ii), by a term of imprisonment of up to twice that authorized by RCW 69.50.401(a)(1) (i) or (ii), or by both.

             (b) Any person eighteen years of age or over who violates RCW 69.50.401(a) by distributing any other controlled substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his junior is punishable by the fine authorized by RCW 69.50.401(a)(1) (iii), (iv), or (v), by a term of imprisonment up to twice that authorized by RCW 69.50.401(a)(1) (iii), (iv), or (v), or both.


             Sec. 3. RCW 9.94A.030 and 1997 c 365 s 1, 1997, c 340 s 4, 1997 c 339 s 1, 1997 c 338 s 2, 1997 c 144 s 1, and 1997 c 70 s 1 are each reenacted and amended to read as follows:

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

             (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

             (2) "Commission" means the sentencing guidelines commission.

             (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

             (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

             (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

             (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

             (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

             (8) "Confinement" means total or partial confinement as defined in this section.

             (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

             (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

             (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

             (12) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

             (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

             (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

             (15) "Department" means the department of corrections.

             (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

             (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

             (18) "Drug offense" means:

             (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

             (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

             (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

             (19) "Escape" means:

             (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

             (20) "Felony traffic offense" means:

             (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

             (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

             (22) "First-time offender" means any person who is convicted of a felony (a) not classified as a violent offense or a sex offense under this chapter, or (b) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

             (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

             (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

             (b) Assault in the second degree;

             (c) Assault of a child in the second degree;

             (d) Child molestation in the second degree;

             (e) Controlled substance homicide;

             (f) Extortion in the first degree;

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

             (h) Indecent liberties;

             (i) Kidnapping in the second degree;

             (j) Leading organized crime;

             (k) Manslaughter in the first degree;

             (l) Manslaughter in the second degree;

             (m) Promoting prostitution in the first degree;

             (n) Rape in the third degree;

             (o) Robbery in the second degree;

             (p) Sexual exploitation;

             (q) Vehicular assault;

             (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

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

             (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;

             (v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

             (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

             (24) "Nonviolent offense" means an offense which is not a violent offense.

             (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

             (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

             (27) "Persistent offender" is an offender who:

             (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

             (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

             (b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and

             (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under subsection (27)(b)(i) only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under subsection (27)(b)(i) only when the offender was eighteen years of age or older when the offender committed the offense.

             (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

             (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

             (30) "Serious traffic offense" means:

             (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

             (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

             (31) "Serious violent offense" is a subcategory of violent offense and means:

             (a) Murder in the first degree, homicide by abuse, murder in the second degree, manslaughter in the first degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

             (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

             (33) "Sex offense" means:

             (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

             (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

             (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

             (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

             (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

             (37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

             (38) "Violent offense" means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, drive-by shooting, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

             (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

             (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

             (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

             (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.


             Sec. 4. RCW 9.94A.320 and 1997 c 365 s 4, 1997 c 346 s 3, 1997 c 340 s 1, 1997 c 338 s 51, 1997 c 266 s 15, and 1997 c 120 s 5 are each reenacted and amended to read as follows:


TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

    XV                  Aggravated Murder 1 (RCW 10.95.020)

 

   XIV                  Murder 1 (RCW 9A.32.030)

                            Homicide by abuse (RCW 9A.32.055)

                            Malicious explosion 1 (RCW 70.74.280(1))

 

   XIII                  Murder 2 (RCW 9A.32.050)

                            Malicious explosion 2 (RCW 70.74.280(2))

                            Malicious placement of an explosive 1 (RCW 70.74.270(1))

 

     XII                  Assault 1 (RCW 9A.36.011)

                            Assault of a Child 1 (RCW 9A.36.120)

                            Rape 1 (RCW 9A.44.040)

                            Rape of a Child 1 (RCW 9A.44.073)

                            Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

 

      XI                  Rape 2 (RCW 9A.44.050)

                            Rape of a Child 2 (RCW 9A.44.076)

                            Manslaughter 1 (RCW 9A.32.060)

 

       X                  Kidnapping 1 (RCW 9A.40.020)

                            Child Molestation 1 (RCW 9A.44.083)

                            Malicious explosion 3 (RCW 70.74.280(3))

                            Over 18 and deliver heroin ((or)), a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

                            Leading Organized Crime (RCW 9A.82.060(1)(a))

                            Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

 

      IX                  Assault of a Child 2 (RCW 9A.36.130)

                            Robbery 1 (RCW 9A.56.200)

                            Explosive devices prohibited (RCW 70.74.180)

                            Malicious placement of an explosive 2 (RCW 70.74.270(2))

                            Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                            Controlled Substance Homicide (RCW 69.50.415)

                            Sexual Exploitation (RCW 9.68A.040)

                            Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                            Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

 

   VIII                  Arson 1 (RCW 9A.48.020)

                            Promoting Prostitution 1 (RCW 9A.88.070)

                            Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                            Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                            Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                            Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

                            Manslaughter 2 (RCW 9A.32.070)

 

     VII                  Burglary 1 (RCW 9A.52.020)

                            Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                            Introducing Contraband 1 (RCW 9A.76.140)

                            Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                            Child Molestation 2 (RCW 9A.44.086)

                            Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                            Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                            Involving a minor in drug dealing (RCW 69.50.401(f))

                            Drive-by Shooting (RCW 9A.36.045)

                            Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                            Malicious placement of an explosive 3 (RCW 70.74.270(3))

 

      VI                  Bribery (RCW 9A.68.010)

                            Rape of a Child 3 (RCW 9A.44.079)

                            Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                            Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                            Incest 1 (RCW 9A.64.020(1))

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                            Intimidating a Judge (RCW 9A.72.160)

                            Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                            Theft of a Firearm (RCW 9A.56.300)

 

       V                  Persistent prison misbehavior (RCW 9.94.070)

                            Criminal Mistreatment 1 (RCW 9A.42.020)

                            Abandonment of dependent person 1 (RCW 9A.42.060)

                            Rape 3 (RCW 9A.44.060)

                            Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                            Child Molestation 3 (RCW 9A.44.089)

                            Kidnapping 2 (RCW 9A.40.030)

                            Extortion 1 (RCW 9A.56.120)

                            Incest 2 (RCW 9A.64.020(2))

                            Perjury 1 (RCW 9A.72.020)

                            Extortionate Extension of Credit (RCW 9A.82.020)

                            Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                            Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                            Rendering Criminal Assistance 1 (RCW 9A.76.070)

                            Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                            Sexually Violating Human Remains (RCW 9A.44.105)

                            Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                            Possession of a Stolen Firearm (RCW 9A.56.310)

 

      IV                  Residential Burglary (RCW 9A.52.025)

                            Theft of Livestock 1 (RCW 9A.56.080)

                            Robbery 2 (RCW 9A.56.210)

                            Assault 2 (RCW 9A.36.021)

                            Escape 1 (RCW 9A.76.110)

                            Arson 2 (RCW 9A.48.030)

                            Commercial Bribery (RCW 9A.68.060)

                            Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                            Malicious Harassment (RCW 9A.36.080)

                            Threats to Bomb (RCW 9.61.160)

                            Willful Failure to Return from Furlough (RCW 72.66.060)

                            Hit and Run--Injury Accident (RCW 46.52.020(4))

                            Hit and Run with Vessel--Injury Accident (RCW 88.12.155(3))

                            Vehicular Assault (RCW 46.61.522)

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana ((or)), methamphetamines, or flunitrazepam) (RCW 69.50.401 (a)(1) (iii) through (v))

                            Influencing Outcome of Sporting Event (RCW 9A.82.070)

                            Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                            Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

 

      III                  Criminal Gang Intimidation (RCW 9A.46.120)

                            Criminal Mistreatment 2 (RCW 9A.42.030)

                            Abandonment of dependent person 2 (RCW 9A.42.070)

                            Extortion 2 (RCW 9A.56.130)

                            Unlawful Imprisonment (RCW 9A.40.040)

                            Assault 3 (RCW 9A.36.031)

                            Assault of a Child 3 (RCW 9A.36.140)

                            Custodial Assault (RCW 9A.36.100)

                            Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                            Harassment (RCW 9A.46.020)

                            Promoting Prostitution 2 (RCW 9A.88.080)

                            Willful Failure to Return from Work Release (RCW 72.65.070)

                            Burglary 2 (RCW 9A.52.030)

                            Introducing Contraband 2 (RCW 9A.76.150)

                            Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                            Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                            Escape 2 (RCW 9A.76.120)

                            Perjury 2 (RCW 9A.72.030)

                            Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                            Intimidating a Public Servant (RCW 9A.76.180)

                            Tampering with a Witness (RCW 9A.72.120)

                            Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                            Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                            Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                            Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                            Theft of livestock 2 (RCW 9A.56.080)

                            Securities Act violation (RCW 21.20.400)

 

       II                  Unlawful Practice of Law (RCW 2.48.180)

                            Malicious Mischief 1 (RCW 9A.48.070)

                            Possession of Stolen Property 1 (RCW 9A.56.150)

                            Theft 1 (RCW 9A.56.030)

                            Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                            Trafficking in Insurance Claims (RCW 48.30A.015)

                            Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

                            Health Care False Claims (RCW 48.80.030)

                            Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                            Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                            Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                            Computer Trespass 1 (RCW 9A.52.110)

                            Escape from Community Custody (RCW 72.09.310)

 

         I                  Theft 2 (RCW 9A.56.040)

                            Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))

                            Possession of Stolen Property 2 (RCW 9A.56.160)

                            Forgery (RCW 9A.60.020)

                            Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                            Vehicle Prowl 1 (RCW 9A.52.095)

                            Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                            Malicious Mischief 2 (RCW 9A.48.080)

                            Reckless Burning 1 (RCW 9A.48.040)

                            Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                            Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                            False Verification for Welfare (RCW 74.08.055)

                            Forged Prescription (RCW 69.41.020)

                            Forged Prescription for a Controlled Substance (RCW 69.50.403)

                            Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))


             Sec. 5. RCW 13.40.0357 and 1997 c 338 s 12 and 1997 c 66 s 6 are each reenacted and amended to read as follows:


DESCRIPTION AND OFFENSE CATEGORY

 

                                                           juvenile                                                                  juvenile disposition

                                                           disposition                                                             category for attempt,

                                                           offense                                                                   bailjump, conspiracy,

                                                           category description (rcw citation)                  or solicitation



 

                                                                               Arson and Malicious Mischief

                                                                  A         Arson 1 (9A.48.020)                                      B+

                                                                  B         Arson 2 (9A.48.030)                                      C

                                                                  C         Reckless Burning 1 (9A.48.040)                   D

                                                                  D         Reckless Burning 2 (9A.48.050)                   E

                                                                  B         Malicious Mischief 1 (9A.48.070)                 C

                                                                  C         Malicious Mischief 2 (9A.48.080)                 D

                                                                  D         Malicious Mischief 3 (<$50 is

                                                                               E class) (9A.48.090)                                      E

                                                                  E         Tampering with Fire Alarm

                                                                               Apparatus (9.40.100)                                     E

                                                                  A         Possession of Incendiary Device

                                                                               (9.40.120)                                                       B+

 

                                                                               Assault and Other Crimes

                                                                               Involving Physical Harm

                                                                  A         Assault 1 (9A.36.011)                                    B+

                                                                  B+       Assault 2 (9A.36.021)                                    C+

                                                                  C+       Assault 3 (9A.36.031)                                    D+

                                                                  D+       Assault 4 (9A.36.041)                                    E

                                                                  B+       Drive-By Shooting

                                                                               (9A.36.045)                                                    C+

                                                                  D+       Reckless Endangerment

                                                                               (9A.36.050)                                                    E

                                                                  C+       Promoting Suicide Attempt

                                                                               (9A.36.060)                                                    D+

                                                                  D+       Coercion (9A.36.070)                                    E

                                                                  C+       Custodial Assault (9A.36.100)                      D+

 

                                                                               Burglary and Trespass

                                                                  B+       Burglary 1 (9A.52.020)                                  C+

                                                                  B         Residential Burglary

                                                                               (9A.52.025)                                                    C

                                                                  B         Burglary 2 (9A.52.030)                                  C

                                                                  D         Burglary Tools (Possession of)

                                                                               (9A.52.060)                                                    E

                                                                  D         Criminal Trespass 1 (9A.52.070)                  E

                                                                  E         Criminal Trespass 2 (9A.52.080)                  E

                                                                  C         Vehicle Prowling 1 (9A.52.095)                    D

                                                                  D         Vehicle Prowling 2 (9A.52.100)                    E

 

                                                                               Drugs

                                                                  E         Possession/Consumption of Alcohol

                                                                               (66.44.270)                                                     E

                                                                  C         Illegally Obtaining Legend Drug

                                                                               (69.41.020)                                                     D

                                                                  C+       Sale, Delivery, Possession of Legend

                                                                               Drug with Intent to Sell

                                                                               (69.41.030)                                                     D+

                                                                  E         Possession of Legend Drug

                                                                               (69.41.030)                                                     E

                                                                  B+       Violation of Uniform Controlled

                                                                               Substances Act - Narcotic ((or)),

                                                                               Methamphetamine, or Flunitrazepam

                                                                               Sale (69.50.401(a)(1)(i) or (ii))                      B+

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Nonnarcotic Sale

                                                                               (69.50.401(a)(1)(iii))                                      C

                                                                  E         Possession of Marihuana <40 grams

                                                                               (69.50.401(e))                                                 E

                                                                  C         Fraudulently Obtaining Controlled

                                                                               Substance (69.50.403)                                   C

                                                                  C+       Sale of Controlled Substance

                                                                               for Profit (69.50.410)                                     C+

                                                                  E         Unlawful Inhalation (9.47A.020)                 E

                                                                  B         Violation of Uniform Controlled

                                                                               Substances Act - Narcotic ((or)),

                                                                               Methamphetamine, or Flunitrazepam

                                                                               Counterfeit Substances

                                                                               (69.50.401(b)(1)(i) or (ii))                              B

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Nonnarcotic

                                                                               Counterfeit Substances

                                                                               (69.50.401(b)(1) (iii), (iv), (v))                       C

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Possession of a

                                                                               Controlled Substance

                                                                               (69.50.401(d))                                                C

                                                                  C         Violation of Uniform Controlled

                                                                               Substances Act - Possession of a

                                                                               Controlled Substance

                                                                               (69.50.401(c))                                                 C

 

                                                                               Firearms and Weapons

                                                                  B         Theft of Firearm (9A.56.300)                        C

                                                                  B         Possession of Stolen Firearm

                                                                               (9A.56.310)                                                    C

                                                                  E         Carrying Loaded Pistol Without

                                                                               Permit (9.41.050)                                           E

                                                                  C         Possession of Firearms by Minor (<18)

                                                                               (9.41.040(1) (b) (iii))                                      C

                                                                  D+       Possession of Dangerous Weapon

                                                                               (9.41.250)                                                       E

                                                                  D         Intimidating Another Person by use

                                                                               of Weapon (9.41.270)                                    E

 

                                                                               Homicide

                                                                  A+       Murder 1 (9A.32.030)                                    A

                                                                  A+       Murder 2 (9A.32.050)                                    B+

                                                                  B+       Manslaughter 1 (9A.32.060)                         C+

                                                                  C+       Manslaughter 2 (9A.32.070)                         D+

                                                                  B+       Vehicular Homicide (46.61.520)                   C+

 

                                                                               Kidnapping

                                                                  A         Kidnap 1 (9A.40.020)                                    B+

                                                                  B+       Kidnap 2 (9A.40.030)                                    C+

                                                                  C+       Unlawful Imprisonment

                                                                               (9A.40.040)                                                    D+

 

                                                                               Obstructing Governmental Operation

                                                                  D         Obstructing a Law Enforcement

                                                                               Officer (9A.76.020)                                        E

                                                                  E         Resisting Arrest (9A.76.040)                         E

                                                                  B         Introducing Contraband 1

                                                                               (9A.76.140)                                                    C

                                                                  C         Introducing Contraband 2

                                                                               (9A.76.150)                                                    D

                                                                  E         Introducing Contraband 3

                                                                               (9A.76.160)                                                    E

                                                                  B+       Intimidating a Public Servant

                                                                               (9A.76.180)                                                    C+

                                                                  B+       Intimidating a Witness

                                                                               (9A.72.110)                                                    C+

 

                                                                               Public Disturbance

                                                                  C+       Riot with Weapon (9A.84.010)                      D+

                                                                  D+       Riot Without Weapon

                                                                               (9A.84.010)                                                    E

                                                                  E         Failure to Disperse (9A.84.020)                    E

                                                                  E         Disorderly Conduct (9A.84.030)                   E

 

                                                                               Sex Crimes

                                                                  A         Rape 1 (9A.44.040)                                        B+

                                                                  A-        Rape 2 (9A.44.050)                                        B+

                                                                  C+       Rape 3 (9A.44.060)                                        D+

                                                                  A-        Rape of a Child 1 (9A.44.073)                       B+

                                                                  B+       Rape of a Child 2 (9A.44.076)                       C+

                                                                  B         Incest 1 (9A.64.020(1))                                  C

                                                                  C         Incest 2 (9A.64.020(2))                                  D

                                                                  D+       Indecent Exposure

                                                                               (Victim <14) (9A.88.010)                               E

                                                                  E         Indecent Exposure

                                                                               (Victim 14 or over) (9A.88.010)                    E

                                                                  B+       Promoting Prostitution 1

                                                                               (9A.88.070)                                                    C+

                                                                  C+       Promoting Prostitution 2

                                                                               (9A.88.080)                                                    D+

                                                                  E         O & A (Prostitution) (9A.88.030)                  E

                                                                  B+       Indecent Liberties (9A.44.100)                      C+

                                                                  A-        Child Molestation 1 (9A.44.083)                   B+

                                                                  B         Child Molestation 2 (9A.44.086)                   C+

 

                                                                               Theft, Robbery, Extortion, and Forgery

                                                                  B         Theft 1 (9A.56.030)                                        C

                                                                  C         Theft 2 (9A.56.040)                                        D

                                                                  D         Theft 3 (9A.56.050)                                        E

                                                                  B         Theft of Livestock (9A.56.080)                      C

                                                                  C         Forgery (9A.60.020)                                      D

                                                                  A         Robbery 1 (9A.56.200)                                   B+

                                                                  B+       Robbery 2 (9A.56.210)                                   C+

                                                                  B+       Extortion 1 (9A.56.120)                                 C+

                                                                  C+       Extortion 2 (9A.56.130)                                 D+

                                                                  B         Possession of Stolen Property 1

                                                                               (9A.56.150)                                                    C

                                                                  C         Possession of Stolen Property 2

                                                                               (9A.56.160)                                                    D

                                                                  D         Possession of Stolen Property 3

                                                                               (9A.56.170)                                                    E

                                                                  C         Taking Motor Vehicle Without

                                                                               Owner's Permission (9A.56.070)                  D

 

                                                                               Motor Vehicle Related Crimes

                                                                  E         Driving Without a License

                                                                               (46.20.005)                                                     E

                                                                  C         Hit and Run - Injury

                                                                               (46.52.020(4))                                                D

                                                                  D         Hit and Run-Attended

                                                                               (46.52.020(5))                                                E

                                                                  E         Hit and Run-Unattended

                                                                               (46.52.010)                                                     E

                                                                  C         Vehicular Assault (46.61.522)                       D

                                                                  C         Attempting to Elude Pursuing

                                                                               Police Vehicle (46.61.024)                             D

                                                                  E         Reckless Driving (46.61.500)                        E

                                                                  D         Driving While Under the Influence

                                                                               (46.61.502 and 46.61.504)                             E

 

                                                                               Other

                                                                  B         Bomb Threat (9.61.160)                                C

                                                                  C         Escape 11 (9A.76.110)                                   C

                                                                  C         Escape 21 (9A.76.120)                                   C

                                                                  D         Escape 3 (9A.76.130)                                     E

                                                                  E         Obscene, Harassing, Etc.,

                                                                               Phone Calls (9.61.230)                                  E

                                                                  A         Other Offense Equivalent to an

                                                                               Adult Class A Felony                                     B+

                                                                  B         Other Offense Equivalent to an

                                                                               Adult Class B Felony                                     C

                                                                  C         Other Offense Equivalent to an

                                                                               Adult Class C Felony                                     D

                                                                  D         Other Offense Equivalent to an

                                                                               Adult Gross Misdemeanor                            E

                                                                  E         Other Offense Equivalent to an

                                                                               Adult Misdemeanor                                       E

                                                                  V         Violation of Order of Restitution,

                                                                               Community Supervision, or

                                                                               Confinement (13.40.200)2                             V


 

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

 

             1st escape or attempted escape during 12-month period - 4 weeks confinement

             2nd escape or attempted escape during 12-month period - 8 weeks confinement

             3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

 

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

 

JUVENILE SENTENCING STANDARDS

 

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

 

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE


 

                                                                                                                                                   

                  A+        180 WEEKS TO AGE 21 YEARS

                                                                                                                                                   

                  A          103 WEEKS TO 129 WEEKS

                                                                                             

                  A-         15-36                |52-65       |80-100      |103-129

                               WEEKS            |WEEKS   |WEEKS   |WEEKS

                               EXCEPT           |||

                               30-40                |||

                               WEEKS FOR   |||

                               15-17                |||

                               YEAR OLDS   |||

                                                                                                               

Current     B+        15-36                                  |52-65       |80-100      |103-129

Offense                  WEEKS                              |WEEKS   |WEEKS   |WEEKS

Category                                                                                                                                    

                  B          LOCAL                              |                 |52-65

                                SANCTIONS (LS)             |15-36 WEEKS           |WEEKS

                                                                                                                                                   

                  C+        LS                                                         |

                                                                                             |15-36 WEEKS

                                                                                                               

                  C          LS                                                                           |15-36 WEEKS

                                                         Local Sanctions:                           |

                                                         0 to 30 Days                                                                     

                  D+        LS                     0 to 12 Months Community Supervision

                                                         0 to 150 Hours Community Service

                  D          LS                     $0 to $500 Fine

 

                  E           LS 

                                                                                                                                                   

                                    0                    1                    2                3                4 or more

                                                          PRIOR ADJUDICATIONS

 

NOTE: References in the grid to days or weeks mean periods of confinement.

             (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

             (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

             (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

             (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

             (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

 

OR

 

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

 

             If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(5) and 13.40.165.

 

OR

 

OPTION C

MANIFEST INJUSTICE

 

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).


             Sec. 6. RCW 9A.44.050 and 1997 c 392 s 514 are each amended to read as follows:

             (1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

             (a) By forcible compulsion;

             (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated, including physical helplessness or mental incapacity induced by any controlled substance, and the perpetrator knows of the helplessness or incapacity;

             (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

             (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;

             (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

             (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

             (2) Rape in the second degree is a class A felony.


             Sec. 7. RCW 9A.44.100 and 1997 c 392 s 515 are each amended to read as follows:

             (1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

             (a) By forcible compulsion;

             (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless, including mental incapacity or physical helplessness induced by any controlled substance, and the perpetrator knows of the defect, incapacity, or helplessness;

             (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

             (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

             (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

             (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

             (2) Indecent liberties is a class B felony.


             NEW SECTION. Sec. 8. A new section is added to chapter 9A.44 RCW to read as follows:

             Rape crisis centers, law enforcement, and hospital emergency rooms shall provide to all personnel investigating cases of sexual assault training on how to recognize the presence of sedating substances, how to test for the substances, and the appropriate chain of custody procedures to follow so that the evidence may be used in a court of law. The training required by this section may be incorporated into existing training programs.


             NEW SECTION. Sec. 9. This act applies to crimes committed on or after July 1, 1998.


             NEW SECTION. Sec. 10. This act takes effect July 1, 1998.


             NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."


             Correct the title.

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 5347       Prime Sponsor, Senate Committee on Natural Resources & Park: Creating a program for juvenile fishing only waters. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that providing young fishers with increased opportunity to fish with recreational gear will provide wholesome activities that will better their lives and instill an appreciation for the state's natural resources. Society as a whole will gain from these positive, youthful experiences, and an important tradition of Northwest life will be perpetuated. Many youthful fishers will be exposed to a natural experience that will teach them self-confidence and respect for the resource, and that will remain with them for the rest of their lives.


             NEW SECTION. Sec. 2. (1) The fish and wildlife commission shall institute a program to identify, establish, and expand fishing opportunities for young anglers.

             (2) In instituting this program, the department:

             (a) Shall direct the program at young anglers less than eighteen years of age;

             (b) May establish specific areas throughout the state where only young anglers are allowed to fish;

             (c) May establish specific areas throughout the state where an adult is allowed to fish only when accompanied by a young angler;

             (d) Shall strive to create fishing opportunities that encourage participation year around;

             (e) Shall strive to provide fishing opportunities that are easily accessible from urban areas so as to encourage inner-city youth to participate in fishing activities;

             (f) Shall emphasize catch and retention opportunities, although the commission may establish some waters for catch-and-release fishing; and

             (g) May utilize fish produced in private and public fish hatcheries to provide viable fishing opportunities for young anglers.


             NEW SECTION. Sec. 3. The department must work with cooperative groups, regional fisheries enhancement groups, government agencies, Indian tribes, private fish farmers, and civic groups for the purpose of expanding fishing opportunities for young anglers throughout the state. Organized groups that sponsor group outings for young fishers must be encouraged to the fullest extent.


             NEW SECTION. Sec. 4. The department of fish and wildlife must report to the appropriate committees of the legislature on the progress of implementing sections 2 and 3 of this act on or before January 31, 1999.


             NEW SECTION. Sec. 5. Sections 2 and 3 of this act are each added to chapter 77.32 RCW."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Alexander; Anderson; Chandler; Hatfield and Pennington.

 

MINORITY recommendation: Do not pass. Signed by Representatives Butler, Assistant Ranking Minority Member; and Eickmeyer.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Alexander, Chandler, Hatfield, and Pennington.

             Voting Nay: Representatives Butler, Anderson and Eickmeyer.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 5479       Prime Sponsor, Senate Committee on Education: Changing time periods for provisional status for certificated employees. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Johnson, Chairman; Hickel, Vice Chairman; Smith; Sterk; Sump and Talcott.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Quall and Veloria.


             Voting Yea: Representatives Johnson, Hickel, Linville, Smith, Sterk, Sump and Talcott.

             Voting Nay: Representatives Cole, Keiser, Quall and Veloria.


             Passed to Rules Committee for second reading.


February 26, 1998

ESB 5499         Prime Sponsor, Senator Roach: Defining when an assault on a bus driver constitutes assault in the third degree. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 5517          Prime Sponsor, Senate Committee on Higher Education: Requiring one student member on each state institution of higher education's governing board. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Carlson, Chairman; Radcliff, Vice Chairman; Kenney, Assistant Ranking Minority Member; Butler; Dunn; O'Brien and Sheahan.

 

MINORITY recommendation: Without recommendation. Signed by Representative Van Luven.


             Voting Yea: Representatives Carlson, Radcliff, Kenney, Butler, Dunn, O'Brien and Sheahan.

             Voting Nay: Representative Van Luven.

             Excused: Representative Mason.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 5527       Prime Sponsor, Senate Committee on Agriculture & Environment: Providing incentives for water-efficient irrigation systems. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that significant water savings may be realized through the installation and use of more efficient irrigation systems and techniques. The legislature also finds that positive economic incentives, establishment of necessary legal procedures, and removal of legal barriers are needed to stimulate the development of workable technologies and farming systems that rely on lesser quantities of water.

             The purpose of this act is to foster the use of water-efficient irrigation systems by allowing the saved water to be voluntarily transferred by the water right holder to other uses or other places of use.  Additionally, the purpose is to establish incentives through enabling self-funded, private capital or public funds to provide improved market-based incentives for adopting water saving technologies and to allow the benefits of the conserved water to be fully realized. It is the intent of this act that sufficient protections be provided to assure that existing water users are not adversely affected by transfers approved under this act.


             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Contract" means a written legal instrument that provides for the transfer of a portion of a water right from an existing water right holder to another person for consideration.

             (2) "Department" means the department of ecology.

             (3) "Net water savings" has the same meaning as defined in RCW 90.42.020.

             (4) "Person" means a person, corporation, quasi-municipal corporation, municipal corporation, or state agency.

             (5) "Reduction in evaporative loss" means the amount of water that is no longer lost to further use as a result of changing from a conventional irrigation system to a water-efficient irrigation system. "Reduction in evaporative loss" includes the reduction in the amount of water consumed through evaporation during the conveyance and/or the application of water to crops and through transpiration by nonproductive plants such as cover crops, but does not include any water that contributed to return flows used to satisfy existing rights.

             (6) "Transfer" means a transfer of, change in, or amendment to a surface or ground water right described in RCW 90.03.380 and 90.44.100 or to transfer, change, or amend such a right.

             (7) "Trust water right" means a water right transferred to and managed by the department for the benefit of instream flows or for the allocation to new uses as provided in chapter 90.38 or 90.42 RCW.

             (8) "Water-efficient irrigation system" means a system, the use of which results in a water savings when compared to the use or loss of water experienced in conveying water and/or applying water to a crop or crops before the installation of the system.


             NEW SECTION. Sec. 3. (1) A person holding a valid water right who installs a water-efficient irrigation system for use under the right may apply to the department for a transfer of the use of the water resulting from the reduction in evaporative loss plus any additional net water savings resulting from the installation. The water use may be transferred:

             (a) To other land owned by the person with less senior water rights or that lacks a full and sufficient supply of water or for the irrigation of an additional parcel or parcels of land owned by the person. The application for such a transfer must be processed based upon the same criteria as if the transfer were to be made to another person; or

             (b) To another person for use on other land.

             In the latter case, the person holding the valid water right may enter into a contract with another person for the transfer of water saved through installation of the water-efficient irrigation system. A contract may allow for a permanent transfer of a portion of the original water right, or for lease agreements with set expiration dates. The applicant shall state that the contract is not permanent in the application if the contract is not permanent. Such a contract shall be filed with the department with or as a supplement to the application and the department shall maintain a record of such a contract with the certificate of water right for the transferred water.

             (2) In determining the amount that is transferrable as a result of the installation of a water-efficient irrigation system, the department shall allow the transfer of an amount equal to the reduction in the evaporative loss. The reduction in evaporative loss is a readily transferrable component of net water savings.

             In addition, the department shall evaluate whether there are additional net water savings that result directly from installation of the water-efficient irrigation system that could be transferred without detriment to other existing water users. The department may not delay because of decisions on the determination of additional net water savings the approval of the transfer of the water that constitutes the reduction in evaporative loss.

             (3) The use of water supplied by an irrigation district that is saved through installation of a water-efficient irrigation system as described in this section shall be regulated solely as provided by the board of directors of the irrigation district.

             (4) A person wishing to make application for a transfer of a water right under this chapter, whether for surface or ground water, shall comply with RCW 90.03.380. The transferred portion of the water right has the same date of priority as the water right from which it originated, but between them the transferred portion of the right is inferior in priority unless otherwise provided by the parties by contract filed with the department.


             NEW SECTION. Sec. 4. The department may adopt rules, in accordance with chapter 34.05 RCW, for procedures to be used to facilitate the processing of requests for water right transfers made under this chapter and to establish a streamlined procedure to quantify the reduction in the evaporative loss. The methods used by the department for calculating reductions in evaporative loss, including but not limited to those for determining the exposure of water to evaporative loss using various irrigation systems, and the pan evaporation data to be used shall be the methods and data recommended by the Washington state cooperative extension service.

             The rules may establish procedures for the department to make preliminary findings that can be used as an initial basis for developing contracts by applicants.


             NEW SECTION. Sec. 5. An applicant shall accompany an application for a water right transfer under this chapter with a fee established in RCW 90.03.470.


             NEW SECTION. Sec. 6. In processing applications for transfers of portions of water rights under this chapter, if the department is unable to conclusively determine the validity of the original water right, the department may include a presumption of validity in the certificate of water rights. The presumption must provide to the contract purchaser the same right to the use of water embodied in the original water right.

             The presumption of validity may not be used as evidence as to the existence or nonexistence in a water right adjudication conducted under chapter 90.03 RCW.


             NEW SECTION. Sec. 7. A holder of a water right may voluntarily enter into a contract with the department. The department may utilize funds that are now or hereafter authorized for the purchase of water savings made available under this chapter. The department shall utilize the same methods of calculating water that is transferrable to another party under this chapter in determining the amount of water that is transferrable to the state. If additional net water saved is available for the benefit of only a stream segment, the calculations may be made on a case-by-case basis while assuring no detriment to existing water users occurs.


             NEW SECTION. Sec. 8. This chapter may be known and cited as the agricultural water conservation incentives act.


             Sec. 9. RCW 90.03.380 and 1997 c 442 s 801 are each amended to read as follows:

             (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used((: PROVIDED, HOWEVER, That the)). However, all or a portion of a right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant an authorization to make the change or transfer. When the applicant has completed the change or transfer, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

             (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

             (3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights. The board of directors of an irrigation district may approve such a change if the board determines that the change: Will not adversely affect the district's ability to deliver water to other landowners; will not require the construction by the district of diversion or drainage facilities unless the board finds that the construction by the district is in the interest of the district; will not impair the financial or operational integrity of the district; and is consistent with the contractual obligations of the district.

             (4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.


             NEW SECTION. Sec. 10. Sections 2 through 8 of this act constitute a new chapter in Title 90 RCW."


             Correct the title.

 

Signed by Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representative Regala.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Regala and Sump.

             Voting Nay: Representative Regala.

             Excused: Representatives Parlette and Mastin.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 5532          Prime Sponsor, Senate Committee on Government Operations: Requiring mediation before appeal of land-use decisions involving conditional use permits. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Bush; Fisher; Mielke; Mulliken and Thompson.


             Voting Yea: Representatives Reams, Cairnes, Sherstad, Romero, Lantz, Bush, Fisher, Mielke, Mulliken and Thompson.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 5582          Prime Sponsor, Senate Committee on Law & Justice: Prohibiting the purchase of liquor by intoxicated persons. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 66.44.200 and 1933 ex.s. c 62 s 36 are each amended to read as follows:

             (1) No person shall sell any liquor to any person apparently under the influence of liquor.

             (2) No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board.

             (a) A violation of this subsection is a civil infraction punishable by a fine of not more than five hundred dollars.

             (b) A defendant's intoxication may not be used as a defense in a civil action under this subsection."

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Carrell; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Constantine, Assistant Ranking Minority Member; and Cody.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Carrell, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Constantine and Cody.


             Passed to Rules Committee for second reading.


February 24, 1998

SB 5622            Prime Sponsor, Senator Long: Removing the expiration of tax exemptions for new construction of alternative housing for youth in crisis. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 82.08.02915 and 1997 c 386 s 56 are each amended to read as follows:

             The tax levied by RCW 82.08.020 shall not apply to sales to health or social welfare organizations, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. ((This section shall expire July 1, 1999.))


             Sec. 2. RCW 82.12.02915 and 1997 c 386 s 57 are each amended to read as follows:

             The provisions of this chapter shall not apply in respect to the use of any item acquired by a health or social welfare organization, as defined in RCW 82.04.431, of items necessary for new construction of alternative housing for youth in crisis, so long as the facility will be a licensed agency under chapter 74.15 RCW, upon completion. ((This section shall expire July 1, 1999.))"


             Correct the title.

 

Signed by Representatives B. Thomas, Chairman; Carrell, Vice Chairman; Mulliken, Vice Chairman; Dunshee, Ranking Minority Member; Dickerson, Assistant Ranking Minority Member; Boldt; Butler; Conway; Kastama; Morris; Pennington; Schoesler; Thompson and Van Luven.


             Voting Yea: Representatives B. Thomas, Carrell, Mulliken, Dunshee, Dickerson, Boldt, Butler, Conway, Kastama, Morris, Pennington, Schoesler, Thompson and Van Luven.

             Excused: Representative Mason.


             Passed to Rules Committee for second reading.


February 25, 1998

ESSB 5629       Prime Sponsor, Senate Committee on Law & Justice: Making domestic violence an aggravating circumstance for purposes of sentencing decisions. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 26, 1998

2SSB 5660        Prime Sponsor, Senate Committee on Ways & Means: Requiring notice of enforcement actions taken against child day-care centers and family day-care providers. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


             On page 5, line 3, after "taken." insert "The department shall notify appropriate public and private child care resource and referral agencies about nonreferral status or stop placement status electronically or by certified mail within twenty-four hours."


             On page 5, line 9, after "agencies" insert "by electronic communication or by certified mail within two business days"


             On page 5, line 11, after "agencies" insert "electronically or by certified mail within two business days


             On page 2, line 10, after "any" strike "pending"


             On page 2, line 10, after "action" insert "taken by the department"


             On page 2, line 14, after "reports" insert ", complaints,"


             On page 2, after line 36, insert the following:

             "(5) The requirements of this section shall not be construed to create a right to an administrative hearing under chapter 34.05 RCW or RCW 43.20A.205."


             On page 5, line 5, after "appropriate;" strike "(ii) a complaint is not founded or valid; or (iii)" and insert "or (ii)"


             On page 5, line 8, after "to" strike "the public and"


             On page 5, line 12, after "an" strike "enforcement" and insert "adverse licensing"


             On page 5, line 13, after "an" strike "enforcement" and insert "adverse licensing action or a protective"


             On page 5, line 13, after "taken" insert "or a civil penalty imposed,"


             On page 5, after line 15, insert "(7) Licensees who are the subject to department action pursuant to subsection (a) do not have a right to an administrative hearing under RCW 43.20A.205 or chapter 34.05 RCW unless the enforcement action taken by the department is an adverse licensing action or imposition of civil penalties."


             On page 5, line 15, after "within" strike "two" and insert "four"


             On page 9, line 6, after "action" strike "including removal of a child or" and insert "which results in removal of a child or child care provider, or which involves"


             On page 9, line 12, after "(7)" strike "Referent" and insert "Referrer"


             On page 9, after line 20, insert the following:

             "Sec. 7. RCW 43.20A.205 and 1997 c 58 § 841 are each amended to read as follows:

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

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

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

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

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

             (c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order or an order from court stating that the licensee is in noncompliance with a residential or visitation order under *chapter 26.09 RCW, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.

             (3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW((or a residential or visitation order under *chapter 26.09 RCW)) or actions taken by the department pursuant to section 2 of this act or RCW 74.15.130(5), a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.

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

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

 

Signed by Representatives Cooke, Chairman; Boldt, Vice Chairman; Bush, Vice Chairman; Tokuda, Ranking Minority Member; Kastama, Assistant Ranking Minority Member; Ballasiotes; Carrell; Dickerson; Gombosky; McDonald and Wolfe.


             Voting Yea: Representatives Cooke, Boldt, Bush, Tokuda, Kastama, Ballasiotes, Carrell, Dickerson, Gombosky, McDonald and Wolfe.


             Referred to Committee on Appropriations.


February 25, 1998

ESB 5695         Prime Sponsor, Senator Roach: Increasing sentences for crimes involving firearms. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Hickel; McCune; Mitchell; Radcliff and Sullivan.

 

MINORITY recommendation: Do not pass. Signed by Representative Dickerson.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Hickel, Mitchell and Sullivan.

             Voting Nay: Representative Dickerson.


             Passed to Rules Committee for second reading.


February 26, 1998

ESSB 5703       Prime Sponsor, Senate Committee on Agriculture & Environment: Concerning a water right for the beneficial use of water. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             On page 1, line 18, after "least" strike "one" and insert "three"


             On page 5, line 1, after "Sec. 6." strike "This section does" and insert "Sections 1 through 6 of this act do"


             On page 5, line 5, after "rights." strike "This section does" and insert "Sections 1 through 6 of this act do"

 

Signed by Representatives Chandler, Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representative Regala.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster and Sump.

             Voting Nay: Representative Regala.

             Excused: Representatives Parlette and Mastin.


             Referred to Committee on Appropriations.


February 25, 1998

ESSB 5760       Prime Sponsor, Senate Committee on Human Services & Corrections: Authorizing courts to order evaluation and treatment of mentally ill offenders. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             On page 18, line 26, after "supervision." insert "During any period of inpatient mental health treatment that falls within the period of community placement or community supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information."

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Committee on Appropriations.


February 27, 1998

ESSB 5769       Prime Sponsor, Senate Committee on Law & Justice: Concerning the theft of beverage crates and merchandise pallets. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


             On page 5, beginning on line 12, strike everything through "misdemeanor." on line 19, and insert the following:

             "(1) A person is guilty of possessing stolen property in the third degree if he or she possesses (a) stolen property which does not exceed two hundred fifty dollars in value, or (b) ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates.

             (2) Possessing stolen property in the third degree is a gross misdemeanor."


             On page 6, beginning on line 6, strike everything through "misdemeanor." on line 12, and insert the following:

             "(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed two hundred and fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.

             (2) Theft in the third degree is a gross misdemeanor."

 

Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Passed to Rules Committee for second reading.


February 25, 1998

ESSB 5936       Prime Sponsor, Senate Committee on Human Services & Corrections: Requiring a report on alternatives for increasing offender access to postsecondary academic and vocational opportunities. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Assistant Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Rules Committee.


February 27, 1998

SSB 6114          Prime Sponsor, Senate Committee on Natural Resources & Park: Preventing the spread of zebra mussel and European green crab. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representatives Thompson and Alexander.


             Passed to Committee on Appropriations.


February 27, 1998

ESSB 6117       Prime Sponsor, Senate Committee on Ways & Means: Creating a salmon license buyback program. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. The legislature finds that recovery plans for salmon stocks listed as threatened or endangered under the federal endangered species act will require large scale restrictions, or complete fishing closures, for the commercial and charter boat fishery. To ensure that Canadian fishers continue to honor current restrictions on intercepting Washington coho and chinook as provided in annexes under the Pacific salmon treaty between the United States and Canada, it is essential that nontribal fishers from Washington reduce their harvest of Fraser river sockeye to below their full allocation as allowed under U.S. v. Washington, 384 F. Supp. 31 (1974). In addition, in order to successfully conclude negotiations on a new Pacific salmon treaty, it is essential to demonstrate the state's resolve in reducing harvests. This reduction of fishers depends upon federal funding and the implementation of a program to permanently retire a number of commercial salmon fishing licenses in Washington to a level commensurate with proposed harvest reductions.

             It is the intent of the legislature to provide a source of funds to compensate commercial fishers and charter boat licensees for the loss of their livelihood by purchasing the commercial salmon fisher's license or charter boat license. Federal funds appropriated for the purchase of such licenses may only be available to the state of Washington if the state provides a matching share.


             NEW SECTION. Sec. 2. A new section is added to chapter 75.44 RCW to read as follows:

             The department, in consultation with representatives of commercial salmon license holders, shall develop a program of license purchase from persons holding a valid license under RCW 75.30.120. The objective of this program is to achieve the greatest license reduction at the lowest cost and in a minimum amount of time. In addition, priority for license purchase shall be based upon participation in and economic dependence on salmon fisheries harvested by commercial fleets from Canada or the United States.           The department may purchase charter boat licenses from owners that hold valid charter boat licenses under RCW 75.30.065.

             Purchase of the licenses is authorized only under the condition that the license is purchased for a one time price and that the license is permanently canceled and removed from the fishery. The department is not authorized to purchase vessels, fishing gear, or salmon delivery licenses. Charter boat licensees who participate in the license buyback program shall not be eligible to transfer all or a part of angler permits issued under RCW 75.30.070.

             The department shall not exceed a state-funded share of twenty-five percent for each license purchased under the buyback program.


             Sec. 3. RCW 75.44.140 and 1995 c 269 s 3201 are each amended to read as follows:

             The director shall adopt rules for the administration of the program. ((To assist the department in the administration of the program, the director may contract with persons not employed by the state and may enlist the aid of other state agencies.))


             Sec. 4. RCW 75.44.150 and 1983 1st ex.s. c 46 s 160 are each amended to read as follows:

             The director is responsible for the administration and disbursement of all funds((, goods, commodities, and services)) received by the state under the program.

             There is created within the state treasury a fund to be known as the "((vessel, gear, license, and permit)) salmon commercial fishing license and charter boat reduction fund". This fund shall be used for purchases under ((RCW 75.44.110)) section 2 of this act and for the administration of the program. This fund shall be credited with federal or other funds received to carry out the purposes of the program ((and the proceeds from the sale or other disposition of property purchased under RCW 75.44.110)).


             NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

                                       (1)        RCW 75.44.100 and 1985 c 7 s 150, 1983 1st ex.s. c 46 s 155, 1977 ex.s. c 230 s 3, & 1975 1st ex.s. c 183 s 3;

                                       (2)        RCW 75.44.110 and 1984 c 67 s 1, 1983 1st ex.s. c 46 s 156, 1979 ex.s. c 43 s 1, 1977 ex.s. c 230 s 4, & 1975 1st ex.s. c 183 s 4;

                                       (3)        RCW 75.44.120 and 1983 1st ex.s. c 46 s 157 & 1975 1st ex.s. c 183 s 5; and

                                       (4)        RCW 75.44.130 and 1983 1st ex.s. c 46 s 158, 1979 ex.s. c 43 s 2, & 1975 1st ex.s. c 183 s 6.


             NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Eickmeyer; Hatfield and Pennington.

 

MINORITY recommendation: Without recommendation. Signed by Representative Chandler.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Eickmeyer, Hatfield, and Pennington.

             Voting Nay: Representative Chandler.

             Excuses: Representative Thompson.


             Referred to Committee on Appropriations.


February 27, 1998

SSB 6119          Prime Sponsor, Senate Committee on Government Operations: Concerning the assumption of a water-sewer district by a municipality. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 35.13A.010 and 1971 ex.s. c 95 s 1 are each amended to read as follows:

             Whenever used in this chapter, the following words shall have the following meanings:

             (1) The words "district," "water district," and "sewer district" shall mean a ((water district or sewer district as indicated by the context of the section in which used)) "water-sewer district" as that term is used in Title 57 RCW.

             (2) The word "city" shall mean a city or town of any class and shall also include any code city as defined in chapter 35A.01 RCW.

             (3) ((The words "included with" shall mean the inclusion of all or part of the territory of a district, as indicated by the context, within the corporate limits of a city either by incorporation of a city, annexation to a city, consolidation of cities or any combination thereof.

             (4))) The word "indebtedness" shall include general obligation, revenue, and special indebtedness and temporary, emergency, and interim loans.


             Sec. 2. RCW 35.13A.020 and 1971 ex.s. c 95 s 2 are each amended to read as follows:

             (1) Whenever all of the territory of a water ((district or))-sewer district is included within the corporate boundaries of a city, ((and)) the city legislative body ((has elected by)) may adopt a resolution or ordinance to assume jurisdiction ((thereof)) over all of the district.

             (2) Upon the assumption, all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water ((and)), sewer ((lines)), and drainage facilities, and all other facilities and equipment of the district shall become the property of ((such)) the city subject to all financial, statutory, or contractual obligations of the district for the security or performance of which ((such)) the property may have been pledged. ((Such)) The city, in addition to its other powers, shall have the power to manage, control, maintain, and operate ((such)) the property, facilities and equipment and to fix and collect service and other charges from owners and occupants of properties so served by the city, subject, however, to any outstanding indebtedness, bonded or otherwise, of the district payable from taxes, assessments, or revenues of any kind or nature and to any other contractual obligations of the district.

             ((Such)) (3) The city may by resolution or ordinance of its legislative body, assume the obligation of paying such district indebtedness and of levying and of collecting or causing to be collected ((such)) the district taxes, assessments, and utility rates and charges of any kind or nature to pay and secure the payment of ((such)) the indebtedness, according to all of the terms, conditions and covenants incident to ((such)) the indebtedness, and shall assume and perform all other outstanding contractual obligation of the district in accordance with all of ((its)) their terms, conditions, and covenants. ((No such)) An assumption shall not be deemed to impair the obligation of any indebtedness or other contractual obligation ((entered into after August 9, 1971)). During the period until the outstanding indebtedness of the district has been discharged, the territory of the district and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of ((such)) the indebtedness, including any outstanding assessments levied within any local improvement district or utility local improvement district thereof. The city shall assume the obligation of causing the payment of ((such)) the district's indebtedness, collecting ((such)) the district's taxes, assessments, and charges, and observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected from ((such)) the property or owners or occupants thereof, enforcing ((such)) the collection and performing all other acts necessary to ((insure)) ensure performance of the district's contractual obligations in the same manner and by the same means as if the territory of the district had not been included within the boundaries of a city.

             When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments have been levied and service and other charges have accrued for ((such)) this purpose but have not been collected by the district prior to ((such election)) the assumption, the same when collected shall belong and be paid to the city and be used by ((such)) the city so far as necessary for payment of the indebtedness of the district existing and unpaid on the date ((such)) the city ((elects to)) assumes the indebtedness. Any funds received by the city which have been collected for the purpose of paying any bonded or other indebtedness of the district, shall be used for the purpose for which they were collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the ((bond)) terms, conditions, and covenants of the indebtedness. All funds of the district on deposit with the county treasurer at the time of title transfer shall be used by the city solely for the benefit of the assumed utility and shall not be transferred to or used for the benefit of the city's general fund.


             NEW SECTION. Sec. 3. During the period commencing with the effective date of this act and running through July 1, 1999, a city may not assume jurisdiction of all or a portion of a water-sewer district under RCW 35.13A.030 or 35.13A.040, unless voters of the entire water-sewer district approve a ballot proposition authorizing the assumption, and during the same period a water-sewer district may not:

             (1) Merge or consolidate with another water-sewer district; or

             (2) Take any action that would establish different contractual obligations, requirements for retiring indebtedness, authority to issue debt in parity with the district's existing outstanding indebtedness, rates of compensation, or terms of employment contracts, if a city assumes jurisdiction of all or a portion of the district.


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


             On page 1, line 2 of the title, after "district;" strike the remainder of the title and insert "amending RCW 35.13A.010 and 35.13A.020; creating a new section; and declaring an emergency."

 

Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Doumit; Reams; Smith; L. Thomas and Wensman.

 

MINORITY recommendation: Do not pass. Signed by Representatives Gardner, Assistant Ranking Minority Member; Dunn; Dunshee; Murray and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Doumit, Reams, Smith, L. Thomas and Wensman.

             Voting Nay: Representatives Dunn, Dunshee, Murray and Wolfe.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6130          Prime Sponsor, Senate Committee on Agriculture & Environment: Regulating underground storage tanks. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Agriculture & Ecology.


             On page 6, line 26, after "to" strike "July 1" and insert "June 30"


             On page 6, line 35, after "to" strike "July 1st" and insert "June 30th"

 

Signed by Representatives Huff, Chairman; Alexander, Vice Chairman; Clements, Vice Chairman; Wensman, Vice Chairman; H. Sommers, Ranking Minority Member; Doumit, Assistant Ranking Minority Member; Gombosky, Assistant Ranking Minority Member; Benson; Carlson; Chopp; Cody; Cooke; Crouse; Dyer; Grant; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Parlette; Poulsen; Regala; D. Schmidt; Sehlin; Sheahan; Talcott and Tokuda.


             Voting Yea: Representatives Huff, Alexander, Clements, Wensman, H. Sommers, Doumit, Gombosky, Benson, Carlson, Chopp, Cody, Cooke, Crouse, Dyer, Grant, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Parlette, Poulsen, Regala, D. Schmidt, Sehlin, Sheahan, Talcott and Tokuda.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6131            Prime Sponsor, Senator Oke: Regulating sanitary control of shellfish. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Thompson; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Hatfield and Pennington.

 

MINORITY recommendation: Do not pass. Signed by Representatives Sump, Vice Chairman; Chandler and Eickmeyer.


             Voting Yea: Representatives Buck, Regala, Butler, Alexander, Anderson, Hatfield, and Pennington.

             Voting Nay: Representatives Sump, Chandler and Eickmeyer.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 27, 1998

ESB 6139         Prime Sponsor, Senator Oke: Increasing penalties for manufacture and delivery of amphetamine. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives Ballasiotes, Chairman; Benson, Vice Chairman; Koster, Vice Chairman; Quall, Ranking Minority Member; O'Brien, Assistant Ranking Minority Member; Cairnes; Dickerson; Hickel; McCune; Mitchell; Radcliff and Sullivan.


             Voting Yea: Representatives Ballasiotes, Koster, Benson, Quall, O'Brien, McCune, Cairnes, Radcliff, Dickerson, Hickel, Mitchell and Sullivan.


             Referred to Committee on Appropriations.


February 26, 1998

ESB 6142         Prime Sponsor, Senator Kline: Imposing administrative license suspensions on first-time DUI offenders. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             On page 11, after line 2, add the following:

             "NEW SECTION. Sec. 5. This act takes effect January 1, 1999."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Carrell; Cody; Lambert; Lantz; Mulliken; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representatives Constantine, Assistant Ranking Minority Member; and Kenney.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Carrell, Cody, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representatives Constantine and Kenney.


             Referred to Committee on Appropriations.


February 26, 1998

SB 6144            Prime Sponsor, Senator Schow: Recovering industrial insurance benefit payments. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives McMorris, Chairman; Honeyford, Vice Chairman; Conway, Ranking Minority Member; Wood, Assistant Ranking Minority Member; Boldt; Clements; Hatfield and Lisk.


             Voting Yea: Representatives McMorris, Honeyford, Conway, Wood, Boldt, Clements, Hatfield and Lisk.

             Excused: Representative Cole.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6149            Prime Sponsor, Senator Swecker: Requiring the regional fisheries enhancement group advisory board to make recommendations on certain fiscal matters. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 27, 1998

SSB 6150          Prime Sponsor, Senate Committee on Natural Resources & Park: Requiring recommendations concerning selective fishing strategies. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler and Eickmeyer.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Thompson, Regala, Butler, Alexander, Anderson, Chandler and Eickmeyer.

             Voting Nay: Representatives Hatfield, and Pennington.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6152       Prime Sponsor, Senate Committee on Ways & Means: Managing state park lands. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass amended.


             Beginning on page 3, line 3, strike all of section 3


             Correct the title.

 

Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6153          Prime Sponsor, Senate Committee on Law & Justice: Revising procedures for bringing actions for the injury or death of a child. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Passed to Rules Committee for second reading.


February 26, 1998

SB 6155            Prime Sponsor, Senator Roach: Revising supervision of municipal court probation services. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Excused: Representative Cody.


             Passed to Rules Committee for second reading.


February 27, 1998

2SSB 6156        Prime Sponsor, Senate Committee on Ways & Means: Studying methods for calculating water-dependent lease rates on state-owned aquatic lands. Reported by Committee on Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Buck, Chairman; Sump, Vice Chairman; Thompson, Vice Chairman; Regala, Ranking Minority Member; Butler, Assistant Ranking Minority Member; Alexander; Anderson; Chandler; Eickmeyer; Hatfield and Pennington.


             Voting Yea: Representatives Buck, Sump, Regala, Butler, Alexander, Anderson, Chandler, Eickmeyer, Hatfield, and Pennington.

             Excused: Representative Thompson.


             Referred to Committee on Appropriations.


February 26, 1998

SSB 6161          Prime Sponsor, Senate Committee on Agriculture & Environment: Creating a dairy nutrient management program. Reported by Committee on Agriculture & Ecology

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 90.64.005 and 1993 c 221 s 1 are each amended to read as follows:

             The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy ((waste)) nutrients that affect((s)) the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions.

             The legislature finds that federal regulations require a permit program for dairies (([with])) with over seven hundred head of mature cows and, other specified dairy farms that directly discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work has been ongoing over a period of time and that the intent of this chapter is to take the consensus that has been developed and place it into statutory form.

             It is also the intent of this chapter to establish an inspection and technical assistance program for dairy farms to address the discharge of pollution to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a committee composed of industry, agency, and other representatives. Furthermore, it is the objective of this chapter to maintain the administration of the water quality program as it relates to dairy operations at the state level.

             It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality.


             Sec. 2. RCW 90.64.010 and 1993 c 221 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) "Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program.

             (2) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.

             (3) "Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that causes an overflow from a required waste retention structure.

             (4) "Certification" means:

             (a) The acknowledgment by a local conservation district that a dairy producer has constructed or otherwise put in place the elements necessary to implement his or her dairy nutrient management plan; and

             (b) The acknowledgment by a dairy producer that he or she is managing dairy nutrients as specified in his or her approved dairy nutrient management plan.

             (5) "Chronic" means a series of wet weather events that precludes the proper operation of a dairy nutrient management system that is designed for the current herd size.

             (6) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW.

             (((2))) (7) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW.

             (((3))) (8) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW ((90.64.030)) 90.64.020 or meets the following criteria:

             (a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or

             (b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either:

             (i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or

             (ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

             (((4))) (9) "Dairy animal feeding operation" means a lot or facility where the following conditions are met:

             (a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve-month period; and

             (b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes.

             (((5))) (10) "Dairy farm" means any farm that is licensed to produce milk under chapter 15.36 RCW.

             (11) "Dairy nutrient" means any organic waste produced by dairy cows or a dairy farm operation.

             (12) "Dairy nutrient management plan" means a plan meeting the requirements established under section 6 of this act.

             (13) "Dairy nutrient management technical assistance team" means one or more professional engineers and local conservation district employees convened to serve one of up to four distinct geographic areas in the state.

             (14) "Dairy producer" means a person who owns or operates a dairy farm.

             (15) "Department" means the department of ecology under chapter 43.21A RCW.

             (((6))) (16) "Director" means the director of the department of ecology, or his or her designee.

             (17) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the dairy. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

             (18) "Violation" means the following acts or omissions:

             (a) A discharge of pollutants into the waters of the state, except those discharges that occur when:

             (i) A dairy producer has a current national pollutant discharge elimination system permit with a wastewater system designed, operated, and maintained for the current herd size and that contains all process-generated wastewater plus average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twenty-four hour rainfall event for that specific location, and the discharge is due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec. 122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41; or

             (ii) The dairy producer has complied with the national pollutant discharge elimination system permit conditions or all of the elements, including appropriate land application practices, of a dairy nutrient management plan that prevents the discharge of pollutants to waters of the state, that is commensurate with the dairy producer's current herd size, and that is approved under section 6 of this act;

             (b) Failure to register as required under section 3 of this act; or

             (c) The lack of an approved dairy nutrient management plan by July 1, 2002; or

             (d) The lack of a certified dairy nutrient management plan for a dairy farm after December 31, 2003.


             NEW SECTION. Sec. 3. (1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the department within sixty days of licensing. The purpose of registration is to provide and update baseline information for the dairy nutrient management program.

             (2) To facilitate registration, the department shall obtain from the food safety and animal health division of the department of agriculture a current list of all licensed dairy producers in the state and mail a registration form to each licensed dairy producer no later than July 15, 1998.

             (3) At a minimum, the form shall require the following information as of the date the form is completed:

             (a) The name and address of the operator of the dairy farm;

             (b) The name and address of the dairy farm;

             (c) The telephone number of the dairy farm;

             (d) The number of cows in the dairy farm;

             (e) The number of young stock in the dairy farm;

             (f) The number of acres owned and rented in the dairy farm;

             (g) Whether the dairy producer, to the best of his or her knowledge, has a plan for managing dairy nutrient discharges that is commensurate with the size of his or her herd, and whether the plan is being fully implemented; and

             (h) If the fields where dairy nutrients are being applied belong to someone other than the dairy producer whose farm operation generated the nutrients, the name, address, and telephone number of the owners of the property accepting the dairy nutrients.

             (4) In the mailing to dairy producers containing the registration form, the department shall also provide clear and comprehensive information regarding the requirements of this chapter.

             (5) The department shall require the registrant to provide only information that is not already available from other sources accessible to the department, such as dairy licensing information.


             NEW SECTION. Sec. 4. Before October 1, 1998, the department and conservation commission shall jointly sponsor and hold an educational workshop for conservation districts from around the state. The purpose of the workshop is to inform local conservation districts about the requirements of this chapter, and for local conservation districts, the conservation commission, and the department to clearly understand their respective roles and responsibilities in carrying out these requirements.


             NEW SECTION. Sec. 5. (1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to:

             (a) Survey for evidence of violations;

             (b) Identify corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards;

             (c) Monitor the development and implementation of dairy nutrient management plans; and

             (d) Identify dairy producers who would benefit from technical assistance programs.

             (2) Local conservation district employees may, at their discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced inspections.

             (3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all licensed dairy farms shall be inspected once within two years of the start of this program. The department, in consultation with the advisory and oversight committee established in section 8 of this act, shall develop performance-based criteria to determine the frequency of inspections.

             (4) Dairy farms shall be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:

             (a) Existence or implementation of a dairy nutrient management plan;

             (b) Proximity to impaired waters of the state; and

             (c) Proximity to all other waters of the state. The criteria developed to implement this subsection (4) shall be reviewed by the advisory and oversight committee.


             NEW SECTION. Sec. 6. (1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardless of size, shall prepare a dairy nutrient management plan. If at any time a dairy nutrient management plan fails to prevent the discharge of pollutants to waters of the state, it shall be required to be updated.

             (2) By January 1, 1999, the conservation commission, in conjunction with the advisory and oversight committee shall develop a document clearly describing the elements that a dairy nutrient management plan must contain to gain local conservation district approval.

             (3) In developing the elements that an approved dairy nutrient management plan must contain, the commission may authorize the use of methods and technologies other than those developed by the natural resources conservation service. Such methods and technologies shall meet the standards and specifications of:

             (a) The natural resources conservation service as modified by the geographically based standards developed under section 10 of this act; or

             (b) A professional engineer with expertise in the area of dairy nutrient management, if the use of any of the standards developed under this subsection (3) would not cause a violation of water quality standards.

             (4) In evaluating alternative technologies and methods, the principal objectives of the committee's evaluation shall be determining:

             (a) Whether there is a substantial likelihood that, once implemented, the alternative technologies and methods would not violate water quality requirements;

             (b) Whether more cost-effective methods can be successfully implemented in some or all categories of dairy operations; and

             (c) Whether the technologies and methods approved or provided by the natural resources conservation service for use by confined animal feeding operations are necessarily required for other categories of dairy operations.

             In addition, the committee shall encourage the conservation commission and the conservation districts to apply in dairy nutrient management plans technologies and methods that are appropriate to the needs of the specific type of operation and the specific farm site and to avoid imposing requirements that are not necessary for the specific dairy producer to achieve compliance with water quality requirements.

             (5) Such plans shall be submitted for approval to the local conservation district where the dairy farm is located, and shall be approved by conservation districts no later than by July 1, 2002. The conservation commission, in conjunction with conservation districts, shall develop a state-wide schedule of plan development and approval to ensure adequate resources are available to have all plans approved by July 1, 2002.

             (6) If a plan meets the requirements identified in subsection (2) of this section, a conservation district shall approve the plan no later than ninety days after receiving the plan. If the plan does not meet the requirements identified in subsection (2) of this section, the local conservation district shall notify the dairy producer in writing of modifications needed in the plan no later than ninety days after receiving the plan. The dairy producer shall provide a revised plan that includes the needed modifications within ninety days of the date of the local conservation district notification. If the dairy producer does not agree with, or otherwise takes exception to, the modifications requested by the local conservation district, the dairy producer may initiate the appeals process described in section 7 of this act within thirty days of receiving the letter of notification.

             (7) An approved plan shall be certified by a conservation district and a dairy producer when the elements necessary to implement the plan have been constructed or otherwise put in place, and are being used as designed and intended. A certification form shall be developed by the conservation commission for use state-wide and shall provide for a signature by both a conservation district representative and a dairy producer. Certification forms shall be signed by December 31, 2003, and a copy provided to the department for recording in the data base established in section 9 of this act.


             NEW SECTION. Sec. 7. (1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and the failure to adhere to plan review and approval timelines identified in section 6 of this act are appealable under this chapter. Department actions pertaining to water quality violations are appealable under chapter 90.48 RCW.

             In addition, a dairy producer who is constrained from complying with the planning requirements of this chapter because of financial hardship or local permitting delays may request a hearing before the conservation commission and may request an extension of up to one year beyond the approval and certification dates prescribed in this chapter for plan approval and certification.

             (2) Within thirty days of receiving a local conservation district notification regarding any of the decisions identified in subsection (1) of this section, a dairy producer who disagrees with any of these decisions may request an informal hearing before the conservation commission or may appeal directly to the pollution control hearings board. The commission shall issue a written decision no later than thirty days after the informal hearing.

             (3) If the conservation commission upholds the decision of the local conservation district at the informal hearing, the decision of the local conservation district may be appealed to the pollution control hearings board according to the procedure in chapter 43.21B RCW within thirty days of receipt of the commission's decision.

             (4) When an appeals process is initiated under this section, the length of time extending from the start of the appeals process to its conclusion shall be added onto the timelines provided in this chapter for plan development, approval, and certification only if an appeal is heard by the pollution control hearings board.


             NEW SECTION. Sec. 8. (1) A dairy nutrient management program advisory and oversight committee is established. The committee shall be cochaired by the executive director of the conservation commission and a dairy industry representative. The purpose of the committee is to provide direction to and oversight of the dairy nutrient management inspection program, as well as to encourage the use of appropriate alternative technologies and methods for managing dairy nutrients.

             (2) The committee shall include no less than eleven, and no more than thirteen members, including one representative from the department, one representative of the dairy industry from each of up to four geographic areas as referenced in section 10 of this act, one representative from the conservation commission, two representatives from local conservation districts, one representative from a local health department, one representative of an environmental organization, and one representative from the shellfish industry. In addition, the natural resources conservation service and the federal environmental protection agency shall each be invited to appoint a representative to the committee.

             (3) The conservation commission shall contact agencies and organizations representing the interests identified in subsection (2) of this section and request that they notify their employees and membership of the opportunity to serve on the advisory and oversight committee. The commission shall also extend invitations to the two persons representing the natural resources conservation service and the federal environmental protection agency. An association representing the dairy industry shall solicit interest broadly from both within and outside of the association. Persons interested in serving on the advisory and oversight committee shall submit their names to the conservation commission no later than May 1, 1998. By June 1, 1998, the commission shall appoint the required number of members from the nominations received.

             (4) Commission members shall be compensated according to the provisions for part-time boards established in RCW 43.03.250.

             (5) The committee shall perform the following functions:

             (a) Meet at least four times per calendar year;

             (b) Maintain meeting minutes and account for the resolution of issues jointly identified by the committee chairs as needing to be addressed;

             (c) Review the development of the data base, the quarterly data base summary, and the annual report provided by the department under section 9 of this act and RCW 90.64.050;

             (d) Act as a forum to hear suggestions from any interested parties, including dairy farmers, regarding implementation of the dairy nutrient management program;

             (e) Review and recommend standardized dairy farm inspection procedures, prioritization criteria, and frequencies and a reporting format to be used by the department;

             (f) Assist the department and the conservation commission in developing reports to the legislature as required in section 18 of this act; and 

             (g) Review and recommend dairy nutrient management technologies and methods other than those approved or provided by the natural resources conservation service for use as components of nutrient management plans under this chapter.


             NEW SECTION. Sec. 9. (1) By October 1, 1998, the department, in consultation with the advisory and oversight committee, shall develop and maintain a data base to account for the implementation of this chapter.

             (2) The data base shall track registrations; inspection dates and results, including findings of violations; regulatory and enforcement actions; and the status of dairy nutrient management plans. In addition, the number of dairy farm inspections by inspector shall be tallied by month. A summary of data base information shall be provided quarterly to the advisory and oversight committee.

             (3) Any information entered into the data base by the department about any aspect of a particular dairy operation may be reviewed by the affected dairy producer upon request. The department shall correct any information in the data base upon a showing that the information is faulty or inaccurate. Complaints that have been filed with the department and determined to be unfounded, invalid, or without merit shall not be recorded in the data base. Appeals of decisions related to dairy nutrient management plans to the pollution control hearings board or to any court shall be recorded, as well as the decisions of those bodies.


             NEW SECTION. Sec. 10. (1) The conservation commission shall establish up to four dairy nutrient management technical assistance teams by June 1, 1998. The teams shall be geographically located throughout the state. Each team shall consist of one or more professional engineers, local conservation district employees, and dairy nutrient management experts from the Washington State University cooperative extension. The purpose of the teams is to:

             (a) Actively develop and promote new cost-effective approaches for managing dairy nutrients; and

             (b) Assist dairy farms in developing dairy nutrient management plans.

             The ability of dairy producers to comply with the planning requirements of this chapter is acknowledged, in many cases, to depend upon the availability of federal and state funding to support technical assistance provided by local conservation districts. Dairy producers shall not be held responsible for noncompliance with the planning requirements of this chapter if conservation districts are unable to perform their duties under this chapter because of insufficient funding.

             (2) By November 1, 1998, each team shall develop one or more initial sets of standards and specifications to assist dairy producers in developing and implementing dairy nutrient management plans. Standards and specifications developed by a technical assistance team shall be appropriate to the soils and other conditions within that geographic area and shall be reviewed by the advisory and oversight committee.


             Sec. 11. RCW 90.64.030 and 1993 c 221 s 4 are each amended to read as follows:

             ((Upon receiving a complaint or upon its own determination that a dairy animal feeding operation is a likely source of water quality degradation,)) (1) Under the inspection program established in section 5 of this act, the department may investigate a dairy ((animal feeding operation)) farm to determine whether the operation is discharging ((directly)) pollutants or ((recently)) has ((discharged directly)) a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation.

             (2) The department shall investigate a written complaint filed with the department within ((ten)) three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. A copy of the findings shall be provided ((upon request)) to the dairy ((animal feeding operation)) producer subject to the complaint within twenty days. Only findings of violations shall be entered into the data base identified in section 9 of this act.

             ((Those dairy animal feeding operations that are)) (3) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information ((if immediate corrective actions are not possible, shall be designated as a concentrated dairy animal feeding operation and shall be)) is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144.

             (4) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.

             (5) A discharge, including a storm water discharge, to surface waters of the state shall not be considered a violation of this chapter, chapter 90.48 RCW, or chapter 173-201A WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, the conditions in RCW 90.64.010(18) are met. In addition, a dairy producer shall not be held liable for violations of this chapter, chapter 90.48 RCW, chapter 173-201A WAC, or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer or the dairy producer's agent.

             (6) Agricultural activities associated with the management of dairy nutrients are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety.

             (7) This section specifically acknowledges that if a holder of a general or individual national pollutant discharge elimination system permit complies with the permit and the dairy nutrient management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States as authorized by the permit.

             (8) A dairy producer who fails to have an approved dairy nutrient management plan by July 1, 2002, or a certified dairy nutrient management plan by December 31, 2003, and for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each month beyond these deadlines that a dairy producer is out of compliance with the requirement for either plan approval or plan certification shall be considered separate violations of chapter 90.64 RCW that may be subject to penalties. Such penalties may not exceed one hundred dollars per month for each violation up to a combined total of five thousand dollars. Failure to register as required in section 3 of this act shall subject a dairy producer to a maximum penalty of one hundred dollars. Penalties shall be levied by the department upon request of the conservation commission.


             Sec. 12. RCW 90.64.050 and 1993 c 221 s 6 are each amended to read as follows:

             (1) The department has the following duties:

             (a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;

             (b) Inspect a dairy farm upon the request of a dairy producer;

             (c) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms ((regardless of size));

             (((c))) (d) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW((, or other authorities)). The department shall maintain the lead enforcement responsibility;

             (((d))) (e) Administer and enforce national pollutant((s)) discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations((,)) and ((administer)) state laws or upon request of a dairy producer;

             (((e) Appoint representatives, including dairy industry representatives, to participate in the compliance review committee that will annually review and update policy and disseminate information as needed;))

             (f) Participate on the advisory and oversight committee;

             (g) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;

             (((g) Encourage)) (h) Require the use of ((federal soil conservation service standards and specifications in designing best management practices for)) dairy ((waste)) nutrient management plans ((to protect water quality)) as required in sections 6, 8, and 10 of this act for entities required to plan under this chapter; and

             (((h))) (i) Provide to the commission and the advisory and oversight committee an annual report of dairy ((waste pollution)) nutrient management planning, inspection, and enforcement activities.

             (2) The department may not delegate its responsibilities in enforcement.


             Sec. 13. RCW 90.64.060 and 1993 c 221 s 7 are each amended to read as follows:

             (((1) If the department determines that the operator of a dairy animal feeding operation has the means to correct a water quality problem in a manner that will prevent future contamination and does so promptly and such correction is maintained, the department shall cease pursuit of the complaint.

             (2))) If the department determines that an unresolved water quality problem from a dairy ((animal feeding operation)) farm requires immediate corrective action, the department shall notify the ((operator)) producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within twenty days.

             (((3) If immediate action is not necessary by the department, the handling of complaints will differ depending on the amount of information available and the compliance option selected by the conservation district involved.

             (a) When the name and address of the party against whom the complaint was registered are known:

             (i) Districts operating at levels 1 and 2 will receive a copy of complaint information, and compliance letter if one was sent out.

             (ii) Districts operating at levels 3 and 4 will receive a copy of complaint information and the letter sent by the department to the operator informing the operator of the complaint and providing the operator with the opportunity to work with the conservation district on a voluntary basis.

             (b) The department and the conservation district will work together at the local level to resolve complaints when the name and address of the party against whom the complaint was registered are unknown.))


             Sec. 14. RCW 90.64.070 and 1993 c 221 s 8 are each amended to read as follows:

             (1) The conservation district has the following duties:

             (a) ((Adopt and annually update the water quality section in the conservation district dairy waste management plan)) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;

             (b) ((As part of the district annual report, include a water quality progress report on dairy waste management activities conducted that are related to this chapter)) Immediately refer complaints received from the public regarding discharge of pollutants to the department;

             (c) Encourage communication and cooperation between the conservation district personnel and local department personnel;

             (d) ((Adopt and carry out a compliance option from level 1, level 2, level 3, or level 4)) Provide technical assistance to dairy producers in developing and implementing a dairy nutrient management plan; and

             (e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed under this chapter.

             (2) The district's capability to carry out its responsibilities ((in the four levels of compliance)) under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.


             Sec. 15. RCW 90.64.080 and 1993 c 221 s 9 are each amended to read as follows:

             (1) The conservation commission has the following duties:

             (a) ((Forward to the department the dairy waste management plan progress reports;

             (b))) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy ((waste)) nutrient management program implementation;

             (((c))) (b) Provide coordination for conservation district programs at the state level through special arrangements with appropriate federal and state agencies, including oversight of the review, approval, and certification of dairy nutrient management plans;

             (((d))) (c) Inform conservation districts of activities and experiences of other conservation districts relative to agricultural water quality protection, and facilitate an interchange of advice, experience, and cooperation between the districts;

             (d) Provide an informal hearing for disputes between dairy producers and local conservation districts pertaining to: (i) Denial of approval or denial of certification of dairy nutrient management plans; (ii) modification or amendment of plans; (iii) conditions contained in plans; (iv) application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and (v) the failure to adhere to the plan review and approval timelines identified in section 6 of this act. An informal hearing may also provide an opportunity for dairy producers who are constrained from timely compliance with the planning requirements of this chapter because of financial hardship or local permitting delays to petition for additional time to comply.

             (e) Encourage communication between the conservation district personnel and local department personnel;

             (f) Accept nominations and appoint ((conservation district representatives)) members to serve on the ((compliance review)) advisory and oversight committee with advice of the Washington association of conservation districts and the department;

             (g) ((Appoint a commission representative to participate on the compliance review committee that will annually review and update policy and disseminate information as needed)) Provide a cochair to the advisory and oversight committee;

             (h) Report to the legislature by December 1st of each year until 2003 on the technical assistance provided to dairy producers in carrying out the requirements of this chapter; and

             (i) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter.

             (2) The commission's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.


             NEW SECTION. Sec. 16. The dairy waste management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only for the commission to provide grants to local conservation districts for the sole purpose of assisting dairy producers to develop and fully implement dairy nutrient management plans. Only the chairman of the commission or the chairman's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.


             Sec. 17. RCW 90.48.465 and 1997 c 398 s 2 are each amended to read as follows:

             (1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule within one year of March 1, 1989, and thereafter the fee schedule shall be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities.

             (2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality's wastewater system. The department shall adopt by rule a schedule of credits for any municipality engaging in a comprehensive monitoring program beyond the requirements imposed by the department, with the credits available for five years from March 1, 1989, and with the total amount of all credits not to exceed fifty thousand dollars in the five-year period.

             (3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department.

             (4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments.

             (5) The fee for an individual permit issued for a dairy farm as defined under chapter 90.64 RCW shall be capped at fifty cents per animal unit covered by the permit up to two thousand three hundred thirty-four animal units for fiscal year 1998, and two thousand four hundred twenty-eight animal units for fiscal year 1999. The fee for a general permit issued for a dairy farm as defined under chapter 90.64 RCW shall be capped at fifty cents per animal unit covered by the permit up to one thousand six hundred thirty-four animal units for fiscal year 1998, and one thousand seven hundred animal units for fiscal year 1999. For animal units in excess of these numbers, the fees shall be as prescribed in WAC 173-224-040.

             (6) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.

             (((6))) (7) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.


             NEW SECTION. Sec. 18. The department, in conjunction with the conservation commission and advisory and oversight committee, shall report to the legislature by December 1st of each year until 2002, on progress made in implementing chapter . . ., Laws of 1998 (this act). At a minimum, the reports shall include data on inspections, the status of dairy nutrient planning, compliance with water quality standards, and enforcement actions. The report shall also provide recommendations on how implementation of chapter . . ., Laws of 1998 (this act) could be facilitated for dairy producers and generally improved.


             Sec. 19. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:

             (1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:

             (a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.

             (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, ((and)) 90.48.120, and 90.56.330.

             (c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.

             (d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

             (e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.

             (f) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in section 6 of this act.

             (g) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.

             (2) The following hearings shall not be conducted by the hearings board:

             (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.

             (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.

             (c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.

             (d) Hearings conducted by the department to adopt, modify, or repeal rules.

             (3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.


             NEW SECTION. Sec. 20. RCW 90.64.090 and 1993 c 221 s 10 are each repealed.


             NEW SECTION. Sec. 21. Sections 3, 5 through 10, 16, and 18 of this act are each added to chapter 90.64 RCW.


             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.


             NEW SECTION. Sec. 23. 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."


             On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 90.64.005, 90.64.010, 90.64.030, 90.64.050, 90.64.060, 90.64.070, 90.64.080, 90.48.465, and 43.21B.110; adding new sections to chapter 90.64 RCW; creating new sections; repealing RCW 90.64.090; prescribing penalties; and declaring an emergency."

 

Signed by Representatives Chandler, Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.


             Voting Yea: Representatives Chandler, Schoesler, Linville, Anderson, Cooper, Delvin, Koster, Mastin, Regala and Sump.

             Excused: Representative Parlette.


             Referred to Committee on Appropriations.


February 26, 1998

ESSB 6165       Prime Sponsor, Senate Committee on Law & Justice: Directing mandatory ignition interlocks for DUI offenders. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass. Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Robertson and Sherstad.

 

MINORITY recommendation: Do not pass. Signed by Representative Mulliken.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.

             Voting Nay: Representative Mulliken.


             Referred to Committee on Appropriations.


February 26, 1998

ESSB 6166       Prime Sponsor, Senate Committee on Law & Justice: Increasing penalties for drunk driving. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:

             (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

             (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

             (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

             (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

             (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

             (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

             (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

             (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

             (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

             (6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

             (7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

             (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

             (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

             (8)(a) A "prior offense" means any of the following:

             (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

             (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

             (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

             (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

             (v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

             (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

             (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

             (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

             (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.


             Sec. 2. RCW 46.61.520 and 1996 c 199 s 7 are each amended to read as follows:

             (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:

             (a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or

             (b) In a reckless manner; or

             (c) With disregard for the safety of others.

             (2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.


             Sec. 3. RCW 9.94A.310 and 1997 c 365 s 3 and 1997 c 338 s 50 are each reenacted and amended to read as follows:

(1)                                                                               TABLE 1

 

Sentencing Grid

 

SERIOUSNESS

SCORE                                               OFFENDER SCORE

                                                                                                                                                          9 or

               0             1             2             3             4             5             6             7             8             more

                                                                                                                                                                                       

XV         Life Sentence without Parole/Death Penalty

                                                                                                                                                                                       

XIV        23y4m    24y4m    25y4m    26y4m    27y4m    28y4m    30y4m    32y10m   36y        40y

               240-        250-        261-        271-        281-        291-        312-        338-        370-        411-

               320         333         347         361         374         388         416         450         493         548

                                                                                                                                                                                       

XIII        14y4m    15y4m    16y2m    17y         17y11m   18y9m    20y5m    22y2m    25y7m 29y

               123-        134-        144-        154-        165-        175-        195-        216-        257-        298-

               220         234         244         254         265         275         295         316         357         397

                                                                                                                                                                                       

XII         9y           9y11m    10y9m    11y8m    12y6m    13y5m    15y9m    17y3m    20y3m    23y3m

               93-          102-        111-        120-        129-        138-        162-        178-        209-        240-

               123         136         147         160         171         184         216         236         277         318

                                                                                                                                                                                       

XI           7y6m      8y4m      9y2m      9y11m    10y9m    11y7m    14y2m    15y5m    17y11m   20y5m

               78-          86-          95-          102-        111-        120-        146-        159-        185-        210-

               102         114         125         136         147         158         194         211         245         280

                                                                                                                                                                                       

X            5y           5y6m      6y           6y6m      7y           7y6m      9y6m      10y6m    12y6m    14y6m

               51-          57-          62-          67-          72-          77-          98-          108-        129-        149-

               68           75           82           89           96           102         130         144         171         198

                                                                                                                                                                                       

IX           3y           3y6m      4y           4y6m      5y           5y6m      7y6m      8y6m      10y6m    12y6m

               31-          36-          41-          46-          51-          57-          77-          87-          108-        129-

               41           48           54           61           68           75           102         116         144         171

                                                                                                                                                                                       

VIII        2y           2y6m      3y           3y6m      4y           4y6m      6y6m      7y6m      8y6m      10y6m

               21-          26-          31-          36-          41-          46-          67-          77-          87-          108-

               27           34           41           48           54           61           89           102         116         144

                                                                                                                                                                                       

VII         18m        2y           2y6m      3y           3y6m      4y           5y6m      6y6m      7y6m      8y6m

               15-          21-          26-          31-          36-          41-          57-          67-          77-          87-

               20           27           34           41           48           54           75           89           102         116

                                                                                                                                                                                       

VI           13m        18m        2y           2y6m      3y           3y6m      4y6m      5y6m      6y6m      7y6m

               12+-       15-          21-          26-          31-          36-          46-          57-          67-          77-

               14          20           27           34           41           48           61           75           89           102

                                                                                                                                                                                       

V            9m          13m        15m        18m        2y2m      3y2m      4y           5y           6y           7y

               6-            12+-       13-          15-          22-          33-          41-          51-          62-          72-

               12           14           17           20           29           43           54           68           82           96

                                                                                                                                                                                       

IV           6m          9m          13m        15m        18m        2y2m      3y2m      4y2m      5y2m      6y2m

               3-            6-            12+-       13-          15-          22-          33-          43-          53-          63-

               9             12           14           17           20           29           43           57           70           84

                                                                                                                                                                                       

III           2m          5m          8m          11m        14m        20m        2y2m      3y2m      4y2m      5y

               1-            3-            4-            9-            12+-       17-          22-          33-          43-          51-

               3             8             12           12           16           22           29           43           57           68

                                                                                                                                                                                       

II                            4m          6m          8m          13m        16m        20m        2y2m      3y2m      4y2m

               0-90        2-            3-            4-            12+-       14-          17-          22-          33-          43-

               Days       6             9             12           14           18           22           29           43           57

                                                                                                                                                                                       

I                                             3m          4m          5m          8m          13m        16m        20m        2y2m

               0-60        0-90        2-            2-            3-            4-            12+-       14-          17-          22-

               Days       Days       5             6             8             12           14          18           22           29

                                                                                                                                                                                       


NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

             (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

             (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

             (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

             (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

             (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

             (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:

             (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;

             (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);

             (c) Twelve months for offenses committed under RCW 69.50.401(d).

             For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

             (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.

             (7) An additional two years shall be added to the presumptive sentence for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.


             Sec. 4. RCW 9.94A.360 and 1997 c 338 s 5 are each amended to read as follows:

             The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

             The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

             (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

             (2) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.

             (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

             (4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

             (5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

             (i) Prior offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;

             (ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

             (b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

             (6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

             (7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

             (8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

             (9) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

             (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.

             (11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction. This subsection shall not apply when additional time is added to a sentence pursuant to RCW 46.61.520(2).

             (12) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.

             (13) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

             (14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.

             (15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.

             (16) If the present conviction is for a sex offense, count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.

             (17) If the present conviction is for an offense committed while the offender was under community placement, add one point.


             NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as follows:

             (1) Immediately before the court defers prosecution under RCW 10.05.020, dismisses a charge, or orders a sentence for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.

             (2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

             (3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis."


             Correct the title.

 

Signed by Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Mulliken; Robertson and Sherstad.


             Voting Yea: Representatives Sheahan, McDonald, Sterk, Costa, Constantine, Carrell, Cody, Kenney, Lambert, Lantz, Mulliken, Robertson and Sherstad.


             Referred to Committee on Appropriations.


February 26, 1998

2SSB 6168        Prime Sponsor, Senate Committee on Ways & Means: Developing housing for temporary workers. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 19.27 RCW to read as follows:

             (1) Temporary worker housing shall be constructed, altered, or repaired as provided in chapter 70.114A RCW and chapter . . ., Laws of 1998 (this act). The construction, alteration, or repair of temporary worker housing is not subject to the codes adopted under RCW 19.27.031, except as provided by rule adopted under chapter 70.114A RCW or chapter . . ., Laws of 1998 (this act).

             (2) For the purpose of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.


             NEW SECTION. Sec. 2. A new section is added to chapter 70.114A RCW to read as follows:

             (1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, the rules adopted by the state board of health under RCW 70.54.110, and the following guidelines:

             (a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements;

             (b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing;

             (c) In developing the temporary worker building code the department shall consider:

             (i) The need for dormitory type housing for groups of unrelated individuals; and

             (ii) The need for housing to accommodate families;

             (d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law; and

             (e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy.

             (2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19.27.031 and chapter 19.27A RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995.

             (3) The temporary worker building code authorized and required by this section shall be enforced by the department.


             NEW SECTION. Sec. 3. A new section is added to chapter 49.17 RCW to read as follows:

             By December 1, 1998, the department of labor and industries shall adopt rules requiring electricity in all temporary worker housing and establishing minimum requirements to ensure the safe storage, handling, and preparation of food in these camps, regardless of whether individual or common cooking facilities are in use.


             Sec. 4. RCW 43.22.480 and 1995 c 289 s 2 are each amended to read as follows:

             (1) The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe. The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable, the standards and specifications contained in the uniform building, plumbing, and mechanical codes, including the barrier free code and the Washington energy code as adopted by the state building code council pursuant to chapter 19.27A RCW, and the national electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW and published by the national fire protection association or, when applicable, the temporary worker building code adopted under section 2 of this act.

             (2) The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.

             (3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.


             NEW SECTION. Sec. 5. A new section is added to chapter 43.70 RCW to read as follows:

             (1) Any person providing temporary worker housing as defined in chapter 70.114A RCW shall secure an annual operating license prior to occupancy and shall pay a fee according to RCW 43.70.340. The license shall be conspicuously displayed on site.

             (2) Licenses issued under this chapter may be suspended or revoked upon the failure or refusal of the person providing temporary worker housing to comply with the provisions of RCW 70.54.110, or of any rules adopted under this section by the department. All such proceedings shall be governed by the provisions of chapter 34.05 RCW.

             (3) The department may assess a civil fine in accordance with RCW 43.70.095 for failure or refusal to obtain a license prior to occupancy of temporary worker housing. The department may refund all or part of the civil fine collected once the operator obtains a valid operating license. Civil fines under this section shall not exceed seven thousand dollars for the first violation of this section, and shall not exceed seventy thousand dollars for second and subsequent violations within any five-year period.

             (4) The department shall adopt rules as necessary to assure compliance with this section.

             (5) For the purpose of this section, "temporary worker housing" has the same meaning as provided in chapter 70.114A RCW.


             NEW SECTION. Sec. 6. A new section is added to chapter 43.70 RCW to read as follows:

             This section applies to operators of temporary worker housing as defined in chapter 70.114A RCW who are providing temporary worker housing on farm except the provisions of RCW 70.114A.030 shall not apply to the requirements of this section.

             (1) Any person who constructs, alters, or makes an addition to temporary worker housing shall:

             (a) Submit plans and specifications for the alteration, addition, or new construction of this housing prior to beginning any alteration, addition, or new construction on this housing;

             (b) Apply for and obtain a temporary worker housing building permit from the department prior to construction or alteration of this housing; and

             (c) Submit a plan review and permit fee to the department of health pursuant to section 5 of this act.

             (2) The department shall adopt rules as necessary, for the application procedures for the temporary worker housing plan review, permit process, construction inspection, and issuance of an occupancy permit.

             (3) Any alteration of a manufactured structure to be used for temporary worker housing remains subject to chapter 43.22 RCW, and the rules adopted under chapter 43.22 RCW.

             (4) For the purpose of this section, "temporary worker housing" has the same meaning as provided in chapter 70.114A RCW except the provisions of RCW 70.114A.030 shall not apply to the requirements of this section.


             Sec. 7. RCW 43.70.340 and 1990 c 253 s 3 are each amended to read as follows:

             (1) The ((farmworker housing inspection)) temporary worker housing fund is established in the custody of the state treasury. The department ((of health)) shall deposit all funds received under subsections (2) and (3) of this section and from the legislature to administer a ((labor camp)) temporary worker housing permitting, licensing, and inspection program conducted by the department ((of health)). Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

             (2) There is imposed a fee on each operating license issued by the department ((of health)) to every operator of ((a labor camp)) temporary worker housing that is regulated by the state board of health. ((The fee paid under this subsection shall include all necessary inspection of the units to ensure compliance with)) In establishing the fee to be paid under this subsection the department shall consider the cost of administering a license as well as enforcing applicable state board of health rules on ((labor camps.

             (a) Fifty dollars shall be charged for each labor camp containing six or less units.

             (b) Seventy-five dollars shall be charged for each labor camp containing more than six units)) temporary worker housing.

             (3) There is imposed a fee on each temporary worker housing building permit issued by the department to every operator of farm temporary worker housing as required by section 5 of this act. The fee shall include the cost of administering a permit as well as enforcing the department's temporary worker building code as adopted under section 2 of this act.

             (4) The department shall conduct a fee study for:

             (a) A temporary worker housing operator's license;

             (b) On-site inspections; and

             (c) A plan review and building permit for new construction.

             After completion of the study, the department shall adopt these fees by rule by no later than December 31, 1998.

             (5) The term of the operating license and the application procedures shall be established, by rule, by the department ((of health)).


             NEW SECTION. Sec. 8. A new section is added to chapter 43.330 RCW to read as follows:

             (1) There is established the farm worker housing finance program within the department. The department shall provide financial assistance to organizations eligible to receive assistance under chapter 43.185 RCW to assist in the development, maintenance, and operation of housing for low-income farm workers.

             (2) The department shall work in cooperation with the departments of health, labor and industries, and social and health services to review proposals and make recommendations to the funding approval board that oversees the distribution of housing trust fund grants and loans. An advisory group representing growers, farm workers, and other interested parties shall be formed to assist the interagency group.


             NEW SECTION. Sec. 9. RCW 70.114A.080 and 1995 c 220 s 8 are each repealed."


             Correct the title.

 

Signed by Representatives Van Luven, Chairman; Dunn, Ranking Minority Member; Veloria, Ranking Minority Member; Alexander; Ballasiotes; Mason and McDonald.

 

MINORITY recommendation: Do not pass. Signed by Representatives Eickmeyer, Assistant Ranking Minority Member; and Morris.


             Voting Yea: Representatives Van Luven, Dunn, Veloria, Alexander, Ballasiotes, Mason and McDonald.

             Voting Nay: Representatives Eickmeyer and Morris.


             Referred to Committee on Appropriations.


February 26, 1998

SB 6169            Prime Sponsor, Senator Winsley: Regulating third-party appraisals. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives L. Thomas, Chairman; Smith, Vice Chairman; Zellinsky, Vice Chairman; Wolfe, Ranking Minority Member; Grant, Assistant Ranking Minority Member; Benson; Constantine; DeBolt; Keiser; Sullivan and Wensman.


             Voting Yea: Representatives L. Thomas, Smith, Zellinsky, Wolfe, Grant, Benson, DeBolt, Keiser, Sullivan and Wensman.

             Excused: Representative Constantine.


             Passed to Rules Committee for second reading.


February 27, 1998

SB 6172            Prime Sponsor, Senator McCaslin: Clarifying requirements for service of petitions for review on agencies. Reported by Committee on Government Reform & Land Use

 

MAJORITY recommendation: Do pass. Signed by Representatives Reams, Chairman; Cairnes, Vice Chairman; Sherstad, Vice Chairman; Romero, Ranking Minority Member; Lantz, Assistant Ranking Minority Member; Bush; Fisher; Mielke; Mulliken and Thompson.


             Voting Yea: Representatives Reams, Cairnes, Sherstad, Romero, Lantz, Bush, Fisher, Mielke, Mulliken and Thompson.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 27, 1998

ESSB 6174       Prime Sponsor, Senate Committee on Government Operations: Changing compensation for special district commissioners. Reported by Committee on Government Administration

 

MAJORITY recommendation: Do pass. Signed by Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Gardner, Assistant Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.


             Voting Yea: Representatives D. Schmidt, D. Sommers, Scott, Doumit, Dunn, Dunshee, Murray, Reams, Smith, L. Thomas, Wensman and Wolfe.

             Excused: Representative Gardner.


             Passed to Rules Committee for second reading.


February 26, 1998

SSB 6181          Prime Sponsor, Senate Committee on Law & Justice: Regulating probate, trusts, and estates. Reported by Committee on Law & Justice

 

MAJORITY recommendation: Do pass as amended.


             Strike everything after the enacting clause and insert the following:


"PART I--TESTAMENTARY DISPOSITION OF NONPROBATE ASSETS


             NEW SECTION. Sec. 101. SHORT TITLE. This chapter may be known and cited as the testamentary disposition of nonprobate assets act.


             NEW SECTION. Sec. 102. PURPOSES. The purposes of this chapter are to:

             (1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills;

             (2) Provide simple procedures for resolution of disputes regarding entitlement to such assets; and

             (3) Protect any financial institution or other third party having possession of or control over such an asset and transferring it to a beneficiary duly designated by the testator, unless that third party has been provided notice of a testamentary disposition as required in this chapter.


             NEW SECTION. Sec. 103. CONSTRUCTION--JURISDICTION. (1) When construing sections and provisions of this chapter, the sections and provisions must:

             (a) Be liberally construed and applied to promote the purposes of this chapter;

             (b) Be considered part of a general act that is intended as unified coverage of the subject matter, and no part of this chapter may be deemed impliedly repealed by subsequent legislation if the construction can be reasonably avoided;

             (c) Not be held invalid because of the invalidity of other sections or provisions of this chapter as long as the section or provision in question can be given effect without regard to the invalid section or provision, and to this end the sections or provisions of this chapter are severable;

             (d) Not be construed by reference to section or subsection headings as used in this chapter, since these do not constitute any part of the law;

             (e) Not be deemed to alter the community or separate property nature of any asset passing outside a testator's will or any individual's community or separate rights to the asset, and a testator's community or separate property rights to the asset are not affected by whether it passes outside the will or, under this chapter, by disposition under the will; and

             (f) Not be construed as authorizing or extending the authority of any financial institution or other third party to sell or otherwise create assets that would pass outside a testator's will upon such terms as would contravene any other applicable federal or state law.

             (2) The sections and provisions of this chapter apply to an owner who dies while a resident of this state on or after the effective date of this section and to a nonprobate asset the disposition of which on the death of the owner would otherwise be governed by the law of this state.


             NEW SECTION. Sec. 104. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1)(a) "Actual knowledge" means:

             (i) For a financial institution, whether acting as personal representative or otherwise, or other third party in possession or control of a nonprobate asset, receipt of written notice that: (A) Complies with section 109 of this act; (B) pertains to the testamentary disposition or ownership of a nonprobate asset in its possession or control; and (C) is received by the financial institution or third party after the death of the owner in a time sufficient to afford the financial institution or third party a reasonable opportunity to act upon the knowledge; and

             (ii) For a personal representative that is not a financial institution, personal knowledge or possession of documents relating to the testamentary disposition or ownership of a nonprobate asset of the owner sufficient to afford the personal representative reasonable opportunity to act upon the knowledge, including reasonable opportunity for the personal representative to provide the written notice under section 109 of this act.

             (b) For the purposes of (a) of this subsection, notice of more than thirty days is presumed to be notice that is sufficient to afford the party a reasonable opportunity to act upon the knowledge, but notice of less than five business days is presumed not to be a sufficient notice for these purposes. These presumptions may be rebutted only by clear and convincing evidence to the contrary.

             (2) "Beneficiary" means the person designated to receive a nonprobate asset upon the death of the owner by means other than the owner's will.

             (3) "Broker" means a person defined as a broker or dealer under the federal securities laws.

             (4) "Date of will" means, as to any nonprobate asset, the date of signature of the will or codicil that refers to the asset and disposes of it.

             (5) "Designate" means a written means by which the owner selects a benef