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FIFTY-SECOND DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, March 4, 1998

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Finkbeiner and Sellar. On motion of Senator Hale, Senators Benton, Finkbeiner and Sellar were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Ben Roeder and Adam Kirschenmann, presented the Colors. Reverend Sandra Lee, pastor of the Unitarian Universalist Church of Olympia, offered the prayer.


MOTION


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


PRESENTATION OF AMERICAN AND WASHINGTON STATE FLAGS


      The members of the American Legion presented four American Flags and four Washington State Flags to the Washington State Senate in a special and impressive ceremony. These flags will be displayed in the Senate Hearing Rooms in the John Cherberg Building.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Anthony G. Jordan, National Commander of the American Legion, who was seated on the rostrum.

      With permission of the Senate, business was suspended to permit Commander Jordan to address the Senate.


INTRODUCTION OF SPECIAL GUEST


      The President welcomed and introduced Roy Taylor, Commander of the Washington State American Legion, who was seated on the rostrum.

      The President thanked both Commanders for the flags and for the good work they are doing in our state, as well as nationally.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

March 3, 1998

GA 9257            ANN DALEY, appointed August 25, 1997, for a term ending June 30, 2002, as a member of the Pollution Control/Shorelines Hearings Board.

                           Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.


      Passed to Committee on Rules.


March 3, 1998

GA 9303            JAMES E. SIMS, reappointed December 1, 1997, for a term ending at the pleasure of the Governor, as Director of the Pollution Liability Insurance Program.

                           Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.


      Passed to Committee on Rules.


MOTION


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


SENATE RESOLUTION 1998-8713


By Senators Brown, Franklin, Prince, Jacobsen, Heavey, Kline, Snyder, B. Sheldon and Kohl


      WHEREAS, Carl Maxey was a man of great character, compassion, and intelligence who fought discrimination and became a giant in civil rights; and

      WHEREAS, His life symbolized the pursuit of justice and human rights for all people; and




      WHEREAS, He beat the odds of a troubled childhood, became an impressive boxer, and later successful trial lawyer, defending the underdog and the underclass; and

      WHEREAS, His life's goal was to have all people, regardless of age, race, creed, sex, or economic circumstance, enjoy life, liberty, and the pursuit of happiness; and

      WHEREAS, While serving his country as a medic during World War II, Carl Maxey encountered segregation in the Army; and

      WHEREAS, Carl Maxey graduated from Gonzaga Law School in 1951, and began representing poor defendants for ten dollars a day; and

      WHEREAS, Throughout his legal career, Carl Maxey continued to donate free legal services to the poor, regardless of age, race, creed, or sex; and

      WHEREAS, In the 1960's, he joined the heart of the civil rights movement in Mississippi; and

      WHEREAS, He returned to his native Spokane where he became a champion for the African-American community; and

      WHEREAS, Carl Maxey was instrumental in abolishing state laws that allowed bars, taverns, and social clubs to refuse to serve blacks; and

      WHEREAS, He continued fighting for civil rights until his tragic death on July 17, 1997;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Senate of the state of Washington recognize, honor, and remember Carl Maxey for his compassion and tireless efforts on behalf of civil rights in the state of Washington and nationwide; and

      BE IT FURTHER RESOLVED, That we respect the great achievements of Carl Maxey and others like him, and carry on where they left off to stand up against injustice and oppression.

 

      Senators Brown, Franklin, Prentice, Kline and Prince spoke to Senate Resolution 1998-8713.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the family of Carl Maxey, who were seated in the gallery.


MOTION


      On motion of Senator Johnson, the Senate reverted to the sixth order of business.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1083, by House Committee on Law and Justice (originally sponsored by Representatives McDonald, Sheahan and Mielke)

 

Authorizing use of department of licensing records in criminal prosecutions.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the following Committee on Law and Justice amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:

       (1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.

       (2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, the director of the Washington traffic safety commission, and for such police officers or other cognizant public officials as may be designated by law. Such case records shall not be ((offered as)) admitted into evidence in any court, except where relevant to the prosecution or defense of a criminal charge, or in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.

       (3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law."


MOTIONS


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

       On page 1, line 2 of the title, after "prosecutions;" strike the remainder of the title and insert "and amending RCW 46.52.120."

      On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1083, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Goings, Senator Patterson was excused.

      On motion of Senator Hale, Senators Johnson and Winsley were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1083, as amended by the Senate.



ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1083, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 43.      Excused: Senators Benton, Finkbeiner, Johnson, Patterson, Sellar and Winsley - 6.            SUBSTITUTE HOUSE BILL NO. 1083, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1172, by Representatives D. Sommers, Sterk, O'Brien, Koster, Thompson, Delvin, Sherstad, Schoesler, Hatfield and Conway

 

Concerning the failure to register as a sex offender.


      The bill was read the second time.

MOTION


      Senator Long moved that the following Committee on Human Services and Corrections amendment not be adopted:

        Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9A.44.130 and 1997 c 340 s 3 and 1997 c 113 s 3 are each reenacted and amended to read as follows:

       (1) Any adult or juvenile residing, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, school, or place of employment or vocation. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person.

       (2) The person shall provide ((the county sheriff with)) the following information when registering: (a) Name; (b) address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) aliases used; ((and)) (h) social security number; (i) photograph; and (j) fingerprints.

       (3)(a) Offenders shall register within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:

       (i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

       When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.

       (ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

       (iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.

       (iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.

       (v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

       (vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

       (b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (7) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

       (c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

       (d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

       (4)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff ((at least fourteen days before)) within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.

       (b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.

       (5) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.

       (6) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:

       (a) "Sex offense" means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged in sexually explicit conduct), 9.68A.090 (communication with minor for immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual misconduct with a minor in the second degree), as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.

       (b) "Kidnapping offense" means the crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent.

       (c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.

       (d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.

       (7) A person who knowingly fails to register or who moves without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.

       Sec. 2. RCW 9A.44.135 and 1995 c 248 s 3 are each amended to read as follows:

       (1) When ((a sex)) an offender registers with the county sheriff pursuant to RCW 9A.44.130, the county sheriff shall make reasonable attempts to verify that the ((sex)) offender is residing at the registered address. Reasonable attempts at verifying an address shall include at a minimum ((sending certified mail, with return receipt requested, to the sex offender at the registered address, and if the return receipt is not signed by the sex offender, talking in person with the residents living at the address)):

       (a) Each year the county sheriff shall send by certified mail, with return receipt requested, a nonforwardable verification form to the offender at the offender's last registered address.

       (b) The offender must sign the verification form, state on the form whether he or she still resides at the last registered address, and return the form to the county sheriff within ten days after receipt of the form.

       (2) The sheriff shall make reasonable attempts to locate any sex offender who fails to return the verification form or who cannot be located at the registered address. If the offender fails to return the verification form or the offender is not at the last registered address, the county sheriff shall promptly forward this information to the Washington state patrol for inclusion in the central registry of sex offenders.

       Sec. 3. RCW 9A.44.140 and 1997 c 113 s 4 are each amended to read as follows:

       (1) The duty to register under RCW 9A.44.130 shall end:

       (a) For a person convicted of a class A felony, or a person convicted of any sex offense or kidnapping offense who has one or more prior conviction for a sex offense or kidnapping offense: Such person may only be relieved of the duty to register under subsection (3) or (4) of this section.

       (b) For a person convicted of a class B felony, and the person does not have one or more prior conviction for a sex offense or kidnapping offense: Fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of any new offenses.

       (c) For a person convicted of a class C felony, a violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony, and the person does not have one or more prior conviction for a sex offense or kidnapping offense: Ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of any new offenses.

       (2) The provisions of subsection (1) of this section shall apply equally to a person who has been found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense or kidnapping offense.

       (3) Any person having a duty to register under RCW 9A.44.130 may petition the superior court to be relieved of that duty, if the person has spent ten consecutive years in the community without being convicted of any new offenses. The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. Except as provided in subsection (4) of this section, the court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

       (4) An offender having a duty to register under RCW 9A.44.130 for a sex offense or kidnapping offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors. The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was under the age of fifteen if the petitioner (a) has not been adjudicated of any additional sex offenses or kidnapping offenses during the twenty-four months following the adjudication for the offense giving rise to the duty to register, and (b) the petitioner proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

       This subsection shall not apply to juveniles prosecuted as adults.

       (5) Unless relieved of the duty to register pursuant to this section, a violation of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

       (6) Nothing in RCW 9.94A.220 relating to discharge of an offender shall be construed as operating to relieve the offender of his or her duty to register pursuant to RCW 9A.44.130.

       Sec. 4. RCW 43.43.540 and 1997 c 113 s 6 are each amended to read as follows:

       The county sheriff shall forward the information, photographs, and fingerprints obtained pursuant to RCW 9A.44.130, including any notice of change of address, to the Washington state patrol within five working days. The state patrol shall maintain a central registry of sex offenders and kidnapping offenders required to register under RCW 9A.44.130 and shall adopt rules consistent with chapters 10.97, 10.98, and 43.43 RCW as are necessary to carry out the purposes of RCW 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The Washington state patrol shall reimburse the counties for the costs of processing the offender registration, including taking the fingerprints and the photographs.

       Sec. 5. RCW 4.24.550 and 1997 c 364 s 1 and 1997 c 113 s 2 are each reenacted and amended to read as follows:

       (1) Public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW ((9.94A.030)) 9A.44.130 or a kidnapping offense as defined by RCW 9A.44.130; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.

       (2) The extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.

       (3) Local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; and (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large.

       (4) Local law enforcement agencies that disseminate information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all ((sex)) offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date. The juvenile court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner.

       (5) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a local law enforcement agency or official to classify ((a sex)) an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

       (6) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.

       (7) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

       (8) When a local law enforcement agency or official classifies ((a sex)) an offender differently than the offender is classified by the department of corrections, the department of social and health services, or the indeterminate sentence review board, the law enforcement agency or official shall notify the appropriate department or the board and submit its reasons supporting the change in classification.

       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."

      The President declared the question before the Senate to be the motion by Senator Long that the Committee on Human Services and Corrections striking amendment to House Bill No. 1172 not be adopted.

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


MOTION


      Senator Long moved that the following amendment by Senators Long, Hargrove and Zarelli be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9A.44.130 and 1997 c 340 s 3 and 1997 c 113 s 3 are each reenacted and amended to read as follows:

       (1) Any adult or juvenile residing, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person.

       (2) The person shall provide ((the county sheriff with)) the following information when registering: (a) Name; (b) address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) aliases used; ((and)) (h) social security number; (i) photograph; and (j) fingerprints.

       (3)(a) Offenders shall register within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:

       (i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (((7))) (8) of this section.

       When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.

       (ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

       (iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.

       (iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.

       (v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

       (vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (((7))) (8) of this section.

       (b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (((7))) (8) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

       (c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (3)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

       (d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

       (4)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff ((at least fourteen days before)) within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.

       (b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.

       (5) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.

       (6) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.

       (((6))) (7) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:

       (a) "Sex offense" means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged in sexually explicit conduct), 9.68A.090 (communication with minor for immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual misconduct with a minor in the second degree), as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.

       (b) "Kidnapping offense" means the crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent.

       (((7))) (c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.

       (d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.

       (8) A person who knowingly fails to register or who moves without notifying the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.

       Sec. 2. RCW 9A.44.135 and 1995 c 248 s 3 are each amended to read as follows:

       (1) When ((a sex)) an offender registers with the county sheriff pursuant to RCW 9A.44.130, the county sheriff shall make reasonable attempts to verify that the ((sex)) offender is residing at the registered address. Reasonable attempts at verifying an address shall include at a minimum ((sending certified mail, with return receipt requested, to the sex offender at the registered address, and if the return receipt is not signed by the sex offender, talking in person with the residents living at the address)):

       (a) Each year the county sheriff shall send by certified mail, with return receipt requested, a nonforwardable verification form to the offender at the offender's last registered address.

       (b) The offender must sign the verification form, state on the form whether he or she still resides at the last registered address, and return the form to the county sheriff within ten days after receipt of the form.

       (2) The sheriff shall make reasonable attempts to locate any sex offender who fails to return the verification form or who cannot be located at the registered address. If the offender fails to return the verification form or the offender is not at the last registered address, the county sheriff shall promptly forward this information to the Washington state patrol for inclusion in the central registry of sex offenders.

       Sec. 3. RCW 9A.44.140 and 1997 c 113 s 4 are each amended to read as follows:

       (1) The duty to register under RCW 9A.44.130 shall end:

       (a) For a person convicted of a class A felony, or a person convicted of any sex offense or kidnapping offense who has one or more prior conviction for a sex offense or kidnapping offense: Such person may only be relieved of the duty to register under subsection (3) or (4) of this section.

       (b) For a person convicted of a class B felony, and the person does not have one or more prior conviction for a sex offense or kidnapping offense: Fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of any new offenses.

       (c) For a person convicted of a class C felony, a violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony, and the person does not have one or more prior conviction for a sex offense or kidnapping offense: Ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of any new offenses.

       (2) The provisions of subsection (1) of this section shall apply equally to a person who has been found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense or kidnapping offense.

       (3) Any person having a duty to register under RCW 9A.44.130 may petition the superior court to be relieved of that duty, if the person has spent ten consecutive years in the community without being convicted of any new offenses. The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. Except as provided in subsection (4) of this section, the court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

       (4) An offender having a duty to register under RCW 9A.44.130 for a sex offense or kidnapping offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors. The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The court may relieve the petitioner of the duty to register for a sex offense or kidnapping offense that was committed while the petitioner was under the age of fifteen if the petitioner (a) has not been adjudicated of any additional sex offenses or kidnapping offenses during the twenty-four months following the adjudication for the offense giving rise to the duty to register, and (b) the petitioner proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

       This subsection shall not apply to juveniles prosecuted as adults.

       (5) Unless relieved of the duty to register pursuant to this section, a violation of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

       (6) Nothing in RCW 9.94A.220 relating to discharge of an offender shall be construed as operating to relieve the offender of his or her duty to register pursuant to RCW 9A.44.130.

       Sec. 4. RCW 43.43.540 and 1997 c 113 s 6 are each amended to read as follows:

       The county sheriff shall forward the information, photographs, and fingerprints obtained pursuant to RCW 9A.44.130, including any notice of change of address, to the Washington state patrol within five working days. The state patrol shall maintain a central registry of sex offenders and kidnapping offenders required to register under RCW 9A.44.130 and shall adopt rules consistent with chapters 10.97, 10.98, and 43.43 RCW as are necessary to carry out the purposes of RCW 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The Washington state patrol shall reimburse the counties for the costs of processing the offender registration, including taking the fingerprints and the photographs.



       Sec. 5. RCW 4.24.130 and 1995 1st sp.s. c 19 s 14 are each amended to read as follows:

       (1) Any person desiring a change of his or her name or that of his or her child or ward, may apply therefor to the district court of the judicial district in which he or she resides, by petition setting forth the reasons for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former.

       (2) An offender under the jurisdiction of the department of corrections who applies to change his or her name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the department of corrections who receives an order changing his or her name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor.

       (3) A sex offender subject to registration under RCW 9A.44.130 who applies to change his or her name under subsection (1) of this section shall follow the procedures set forth in RCW 9A.44.130(5).

       (4) The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor.

       (((4))) (5) Name change petitions may be filed and shall be heard in superior court when the person desiring a change of his or her name or that of his or her child or ward is a victim of domestic violence as defined in RCW 26.50.010(1) and the person seeks to have the name change file sealed due to reasonable fear for his or her safety or that of his or her child or ward. Upon granting the name change, the superior court shall seal the file if the court finds that the safety of the person seeking the name change or his or her child or ward warrants sealing the file. In all cases filed under this subsection, whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed.

       Sec. 6. RCW 4.24.550 and 1997 c 364 s 1 and 1997 c 113 s 2 are each reenacted and amended to read as follows:

       (1) Public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW ((9.94A.030)) 9A.44.130 or a kidnapping offense as defined by RCW 9A.44.130; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.

       (2) The extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.

       (3) Local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; and (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large.

       (4) Local law enforcement agencies that disseminate information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all ((sex)) offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date. The juvenile court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner.

       (5) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a local law enforcement agency or official to classify ((a sex)) an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

       (6) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.

       (7) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

       (8) When a local law enforcement agency or official classifies ((a sex)) an offender differently than the offender is classified by the department of corrections, the department of social and health services, or the indeterminate sentence review board, the law enforcement agency or official shall notify the appropriate department or the board and submit its reasons supporting the change in classification.

       NEW SECTION. Sec. 7. 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."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Long, Hargrove and Zarelli to House Bill No. 1172.

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


MOTIONS


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

       On page 1, line 1 of the title, after "registration;" strike the remainder of the title and insert "amending RCW 9A.44.135, 9A.44.140, 43.43.540, and 4.24.130; and reenacting and amending RCW 9A.44.130 and 4.24.550."

      On motion of Senator Long, the rules were suspended, House Bill No. 1172, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1172, as amended by the Senate.




ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1172, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 46.   Excused: Senators Johnson, Patterson and Winsley - 3.        HOUSE BILL NO. 1172, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      Vice President Pro Tempore Morton assumed the Chair.


MOTION


      On motion of Senator Betti Sheldon, Senator Fairley was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1211, by House Committee on Transportation Policy and Budget (originally sponsored by Representatives DeBolt, Fisher, K. Schmidt, Blalock, Johnson, Mielke, O'Brien and Costa) (by request of Washington Traffic Safety Commission)

 

Making accident reports available to the traffic safety commission.


      The bill was read the second time.

MOTION


      On motion of Senator Prince, the rules were suspended, Substitute House Bill No. 1211 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1211.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1211 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 45.  Excused: Senators Fairley, Johnson, Patterson and Winsley - 4.          SUBSTITUTE HOUSE BILL NO. 1211, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1248, by Representatives Sump, Costa, Sheahan, Sterk, Sherstad, Skinner, Lantz, Lambert, D. Schmidt, D. Sommers, Backlund, Ogden, Wensman and Constantine (by request of Secretary of State Munro)

 

Allowing facsimile filings with the secretary of state's office.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, House Bill No. 1248 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Sellar, Senator Hale was excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1248.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1248 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senators Horn and Prince - 2.              Excused: Senators Hale, Johnson and Patterson - 3.             HOUSE BILL NO. 1248, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1253, by House Committee on Government Administration (originally sponsored by Representatives Parlette, Costa, Sheahan, Sterk, Lantz, Skinner, Sherstad, Lambert, Gardner, D. Schmidt, Kenney and Wensman) ( by request of Secretary of State Munro)

 

Regulating naming of businesses.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1253 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Swecker, Senators Hochstatter, Horn and Prince were excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1253.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1253 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.      Excused: Senators Hale, Hochstatter, Horn, Johnson, Patterson and Prince - 6.   SUBSTITUTE HOUSE BILL NO. 1253, having received the constitutional majority, was declared passed. There being no objection, the

title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1309, by Representatives Mielke, Mulliken, Sterk, McMorris, Pennington, Bush, Doumit, McDonald, Boldt, Thompson, Costa and Dunn

 

Creating the crime of disarming a law enforcement officer.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the following Committee on Law and Justice amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) A person is guilty of disarming a law enforcement officer if with intent to interfere with the performance of the officer's duties the person knowingly removes a firearm or weapon from the person of a law enforcement officer or corrections officer or deprives a law enforcement officer or corrections officer of the use of a firearm or weapon, when the officer is acting within the scope of the officer's duties, does not consent to the removal, and the person has reasonable cause to know or knows that the individual is a law enforcement or corrections officer.

       (2) Disarming a law enforcement or corrections officer is a class C felony unless the firearm involved is discharged when the person removes the firearm, in which case the offense is a class B felony.

       NEW SECTION. Sec. 2. A person who commits another crime during the commission of the crime of disarming a law enforcement or corrections officer may be punished for the other crime as well as for disarming a law enforcement officer and may be prosecuted separately for each crime.

       NEW SECTION. Sec. 3. Sections 1 and 2 of this act do not apply when the law enforcement officer or corrections officer is engaged in criminal conduct.

       NEW SECTION. Sec. 4. Sections 1 through 3 of this act are added to chapter 9A.76 RCW."


MOTIONS


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

      On page 1, line 1 of the title, after "officer;" strike the remainder of the title and insert "adding new sections to chapter 9A.76 RCW; and prescribing penalties."

      On motion of Senator Roach, the rules were suspended, House Bill No. 1309, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Swecker, Senator Sellar was excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1309, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1309, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Hochstatter, Horn, Patterson, Prince and Sellar - 5.           HOUSE BILL NO. 1309, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 1501, by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Robertson, Scott and Mielke) (by request of Department of Licensing)

 

Clarifying and making technical corrections to driver's license statutes.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, Second Substitute House Bill No. 1501 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Prentice, Senator Franklin was excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1501.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1501 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Franklin, Hochstatter, Horn, Prince and Sellar - 5.             SECOND SUBSTITUTE HOUSE BILL NO. 1501, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senators McDonald and West were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1504, by House Committee on Government Administration (originally sponsored by Representatives McMorris, Boldt, Honeyford and Dunn)

 

Protecting records of strategy discussions.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 42.17.310 and 1997 c 310 s 2, 1997 c 274 s 8, 1997 c 250 s 7, 1997 c 239 s 4, 1997 c 220 s 120 (Referendum Bill No. 48), and 1997 c 58 s 900 are each reenacted and amended to read as follows:

       (1) The following are exempt from public inspection and copying:

       (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

       (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

       (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

       (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

       (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

       (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

       (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

       (h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

       (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

       (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

       (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

       (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

       (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

       (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

       (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

       (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

       (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

       (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

       (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

       (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

       (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

       (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

       (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

       (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

       (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

       (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

       (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

       (bb) Financial and valuable trade information under RCW 51.36.120.

       (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

       (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

       (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

       (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

       (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

       (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.

       (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

       (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

       (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

       (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

       (mm) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

       (nn) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

       (oo) Records that would reveal the strategy or position of an agency before or during the course of any collective bargaining, labor negotiations, or grievance or mediation proceedings. After the conclusion of the bargaining, negotiations, or grievance or mediation proceedings, the records will be open to public inspection and copying as otherwise provided by this chapter.

       (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

       (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

       (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld."

 

MOTIONS


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

       On line 1 of the title, after "protection;" strike the remainder of the title and insert "and reenacting and amending RCW 42.17.310."

      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1504, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1504, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1504, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.        Excused: Senators Franklin, Hochstatter, Horn, McDonald, Sellar and West - 6.            SUBSTITUTE HOUSE BILL NO. 1504, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Owen assumed the Chair.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced guests from Canada, the Providence of Alberta, who were seated on the rostrum: The Honorable Dave Hancock, Queen's Council and Minister of Intergovernmental and Aboriginal Affairs; Betty Ann Hicks, Executive Assistant to the Minister; Wayne Clifford, Assistant Deputy Minister of International Relations; Robert W. Poetschke, Consul of the Canadian Consulate General in Seattle; and Melanie McCallum, Director of United States Affairs from Alberta.

      With permission of the Senate, business was suspended to permit Minister Dave Hancock to address the Senate.


WELCOME TO GUESTS


      Senator Prentice offered a warm welcome to the guests from the Providence of Alberta.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 1618, by House Committee on Health Care (originally sponsored by Representatives Skinner, Dyer, Conway, Zellinsky, Cody, Backlund, Parlette and Clements)

 

Modifying certain aspects of programs that treat impaired physicians.


      The bill was read the second time.

MOTION


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

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that the self-imposed license surcharge on physician licenses to fund a program to help physicians with chemical dependency or mental illness is not being fully spent on that program. It is the intent of the legislature that the program be fully funded and that funds collected into the impaired physician account be spent only on the program.

       Sec. 2. RCW 18.71.0195 and 1994 sp.s. c 9 s 328 are each amended to read as follows:

       (1) The contents of any report ((file)) filed under RCW 18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.17 RCW, except that it may be reviewed (a) by the licensee involved or his or her counsel or authorized representative who may submit any additional exculpatory or explanatory statements or other information, which statements or other information shall be included in the file, or (b) by a representative of the commission, or investigator thereof, who has been assigned to review the activities of a licensed physician.

       Upon a determination that a report is without merit, the commission's records may be purged of information relating to the report.

       (2) Every individual, medical association, medical society, hospital, medical service bureau, health insurance carrier or agent, professional liability insurance carrier, professional standards review organization, ((and)) agency of the federal, state, or local government ((shall be)), or the entity established by RCW 18.71.300 and its officers, agents, and employees are immune from civil liability, whether direct or derivative, for providing information to the commission under RCW 18.130.070, or for which an individual health care provider has immunity under the provisions of RCW 4.24.240, 4.24.250, or 4.24.260.

       Sec. 3. RCW 18.71.300 and 1994 sp.s. c 9 s 329 are each amended to read as follows:

       ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout RCW 18.71.310 through 18.71.340 unless the context clearly requires otherwise.

       (1) (("Committee")) "Entity" means a nonprofit corporation formed by physicians who have expertise in the areas of ((alcoholism)) alcohol abuse, drug abuse, ((or)) alcoholism, other drug addictions, and mental illness and who broadly represent the physicians of the state and that has been designated to perform any or all of the activities set forth in RCW 18.71.310(1) ((pursuant to rules adopted)) by the commission ((under chapter 34.05 RCW)).

       (2) "Impaired" or "impairment" means the ((presence of the diseases of alcoholism, drug abuse, mental illness)) inability to practice medicine with reasonable skill and safety to patients by reason of physical or mental illness including alcohol abuse, drug abuse, alcoholism, other drug addictions, or other debilitating conditions.

       (3) "Impaired physician program" means the program for the prevention, detection, intervention, ((and)) monitoring, and treatment of impaired physicians established by the commission pursuant to RCW 18.71.310(1).

       (4) "Physician" or "practitioner" means a person licensed under this chapter, chapter 18.71A RCW, or a professional licensed under another chapter of Title 18 RCW whose disciplining authority has a contract with the entity for an impaired practitioner program for its license holders.

       (5) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons authorized to provide such services to be approved by the commission or entity for impaired physicians taking part in the impaired physician program created by RCW 18.71.310.

       Sec. 4. RCW 18.71.310 and 1997 c 79 s 2 are each amended to read as follows:

       (1) The commission shall enter into a contract with the ((committee)) entity to implement an impaired physician program. The commission may enter into a contract with the entity for up to six years in length. The impaired physician program may include any or all of the following:

       (a) ((Contracting)) Entering into relationships supportive of the impaired physician program with ((providers of)) professionals who provide either evaluation or treatment ((programs)) services, or both;

       (b) Receiving and ((evaluating)) assessing reports of suspected impairment from any source;

       (c) Intervening in cases of verified impairment, or in cases where there is reasonable cause to suspect impairment;

       (d) Upon reasonable cause, referring suspected or verified impaired physicians ((to)) for evaluation or treatment ((programs));

       (e) Monitoring the treatment and rehabilitation of impaired physicians including those ordered by the commission;

       (f) Providing ((post-treatment)) monitoring and continuing treatment and rehabilitative support of ((rehabilitative impaired)) physicians;

       (g) Performing such other activities as agreed upon by the commission and the ((committee)) entity; and

       (h) Providing prevention and education services.

       (2) A contract entered into under subsection (1) of this section shall be financed by a surcharge of ((up to)) twenty-five dollars per year on each license renewal or issuance of a new license to be collected by the department of health from every physician and surgeon licensed under this chapter in addition to other license fees. These moneys shall be placed in the ((health professions)) impaired physician account to be used solely for the implementation of the impaired physician program.

       Sec. 5. RCW 18.71.320 and 1994 sp.s. c 9 s 331 are each amended to read as follows:

       The ((committee)) entity shall develop procedures in consultation with the commission for:

       (1) Periodic reporting of statistical information regarding impaired physician activity;

       (2) Periodic disclosure and joint review of such information as the commission may deem appropriate regarding reports received, contacts or investigations made, and the disposition of each report((: PROVIDED, That)). However, the ((committee)) entity shall not disclose any personally identifiable information except as provided in subsections (3) and (4) of this section;

       (3) Immediate reporting to the commission of the name and results of any contact or investigation regarding any suspected or verified impaired physician who is reasonably believed probably to constitute an imminent danger to himself or herself or to the public;

       (4) Reporting to the commission, in a timely fashion, any suspected or verified impaired physician who ((refuses)) fails to cooperate with the ((committee, refuses)) entity, fails to submit to evaluation or treatment, or whose impairment is not substantially alleviated through treatment, ((and)) or who, in the opinion of the ((committee)) entity, is probably unable to practice medicine with reasonable skill and safety((. However, impairment, in and of itself, shall not give rise to a presumption of the inability to practice medicine with reasonable skill and safety));

       (5) Informing each participant of the impaired physician program of the program procedures, the responsibilities of program participants, and the possible consequences of noncompliance with the program.

       Sec. 6. RCW 18.71.330 and 1994 sp.s. c 9 s 332 are each amended to read as follows:

       If the commission has reasonable cause to believe that a physician is impaired, the commission shall cause an evaluation of such physician to be conducted by the ((committee)) entity or the ((committee's)) entity's designee or the commission's designee for the purpose of determining if there is an impairment. The ((committee)) entity or appropriate designee shall report the findings of its evaluation to the commission.

       Sec. 7. RCW 18.71.340 and 1987 c 416 s 6 are each amended to read as follows:

       All ((committee)) entity records are not subject to disclosure pursuant to chapter 42.17 RCW.

       Sec. 8. RCW 18.130.070 and 1989 c 373 s 19 are each amended to read as follows:

       (1) The disciplining authority may adopt rules requiring any person, including, but not limited to, licensees, corporations, organizations, health care facilities, impaired practitioner programs, or voluntary substance abuse monitoring programs approved by the disciplining authority and state or local governmental agencies, to report to the disciplining authority any conviction, determination, or finding that a license holder has committed an act which constitutes unprofessional conduct, or to report information to the disciplining authority, an impaired practitioner program, or voluntary substance abuse monitoring program approved by the disciplining authority, which indicates that the license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition. To facilitate meeting the intent of this section, the cooperation of agencies of the federal government is requested by reporting any conviction, determination, or finding that a federal employee or contractor regulated by the disciplinary authorities enumerated in this chapter has committed an act which constituted unprofessional conduct and reporting any information which indicates that a federal employee or contractor regulated by the disciplinary authorities enumerated in this chapter may not be able to practice his or her profession with reasonable skill and safety as a result of a mental or physical condition.

       (2) If a person fails to furnish a required report, the disciplining authority may petition the superior court of the county in which the person resides or is found, and the court shall issue to the person an order to furnish the required report. A failure to obey the order is a contempt of court as provided in chapter 7.21 RCW.

       (3) A person is immune from civil liability, whether direct or derivative, for providing information to the disciplining authority pursuant to the rules adopted under subsection (1) of this section.

       (4) The holder of a license subject to the jurisdiction of this chapter shall report to the disciplining authority any conviction, determination, or finding that the licensee has committed unprofessional conduct or is unable to practice with reasonable skill or safety. Failure to report within thirty days of notice of the conviction, determination, or finding constitutes grounds for disciplinary action.

       Sec. 9. RCW 18.130.080 and 1986 c 259 s 5 are each amended to read as follows:

       A person, including but not limited to consumers, licensees, corporations, organizations, health care facilities, impaired practitioner programs, or voluntary substance abuse monitoring programs approved by disciplining authorities, and state and local governmental agencies, may submit a written complaint to the disciplining authority charging a license holder or applicant with unprofessional conduct and specifying the grounds therefor or to report information to the disciplining authority, or voluntary substance abuse monitoring program, or an impaired practitioner program approved by the disciplining authority, which indicates that the license holder may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental or physical condition. If the disciplining authority determines that the complaint merits investigation, or if the disciplining authority has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional conduct, the disciplining authority shall investigate to determine whether there has been unprofessional conduct. A person who files a complaint or reports information under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint.

       Sec. 10. RCW 18.130.175 and 1993 c 367 s 3 are each amended to read as follows:

       (1) In lieu of disciplinary action under RCW 18.130.160 and if the disciplining authority determines that the unprofessional conduct may be the result of substance abuse, the disciplining authority may refer the license holder to a voluntary substance abuse monitoring program approved by the disciplining authority.

       The cost of the treatment shall be the responsibility of the license holder, but the responsibility does not preclude payment by an employer, existing insurance coverage, or other sources. Primary alcoholism or other drug addiction treatment shall be provided by approved treatment programs under RCW 70.96A.020((: PROVIDED, That)) or by any other provider approved by the entity or the commission. However, nothing shall prohibit the disciplining authority from approving additional services and programs as an adjunct to primary alcoholism or other drug addiction treatment. The disciplining authority may also approve the use of out-of-state programs. Referral of the license holder to the program shall be done only with the consent of the license holder. Referral to the program may also include probationary conditions for a designated period of time. If the license holder does not consent to be referred to the program or does not successfully complete the program, the disciplining authority may take appropriate action under RCW 18.130.160. The secretary shall adopt uniform rules for the evaluation by the disciplinary authority of a relapse or program violation on the part of a license holder in the substance abuse monitoring program. The evaluation shall encourage program participation with additional conditions, in lieu of disciplinary action, when the disciplinary authority determines that the license holder is able to continue to practice with reasonable skill and safety.

       (2) In addition to approving substance abuse monitoring programs that may receive referrals from the disciplining authority, the disciplining authority may establish by rule requirements for participation of license holders who are not being investigated or monitored by the disciplining authority for substance abuse. License holders voluntarily participating in the approved programs without being referred by the disciplining authority shall not be subject to disciplinary action under RCW 18.130.160 for their substance abuse, and shall not have their participation made known to the disciplining authority, if they meet the requirements of this section and the program in which they are participating.

       (3) The license holder shall sign a waiver allowing the program to release information to the disciplining authority if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety. The substance abuse program shall report to the disciplining authority any license holder who fails to comply with the requirements of this section or the program or who, in the opinion of the program, is unable to practice with reasonable skill or safety. License holders shall report to the disciplining authority if they fail to comply with this section or do not complete the program's requirements. License holders may, upon the agreement of the program and disciplining authority, reenter the program if they have previously failed to comply with this section.

       (4) The treatment and pretreatment records of license holders referred to or voluntarily participating in approved programs shall be confidential, shall be exempt from RCW 42.17.250 through 42.17.450, and shall not be subject to discovery by subpoena or admissible as evidence except for monitoring records reported to the disciplining authority for cause as defined in subsection (3) of this section. Monitoring records relating to license holders referred to the program by the disciplining authority or relating to license holders reported to the disciplining authority by the program for cause, shall be released to the disciplining authority at the request of the disciplining authority. Records held by the disciplining authority under this section shall be exempt from RCW 42.17.250 through 42.17.450 and shall not be subject to discovery by subpoena except by the license holder.

       (5) "Substance abuse," as used in this section, means the impairment, as determined by the disciplining authority, of a license holder's professional services by an addiction to, a dependency on, or the use of alcohol, legend drugs, or controlled substances.

       (6) This section does not affect an employer's right or ability to make employment-related decisions regarding a license holder. This section does not restrict the authority of the disciplining authority to take disciplinary action for any other unprofessional conduct.

       (7) A person who, in good faith, reports information or takes action in connection with this section is immune from civil liability for reporting information or taking the action.

       (a) The immunity from civil liability provided by this section shall be liberally construed to accomplish the purposes of this section and the persons entitled to immunity shall include:

       (i) An approved monitoring treatment program;

       (ii) The professional association operating the program;

       (iii) Members, employees, or agents of the program or association;

       (iv) Persons reporting a license holder as being possibly impaired or providing information about the license holder's impairment; and

       (v) Professionals supervising or monitoring the course of the impaired license holder's treatment or rehabilitation.

       (b) The courts are strongly encouraged to impose sanctions on clients and their attorneys whose allegations under this subsection are not made in good faith and are without either reasonable objective, substantive grounds, or both.

       (c) The immunity provided in this section is in addition to any other immunity provided by law.

       Sec. 11. RCW 18.130.300 and 1994 sp.s. c 9 s 605 are each amended to read as follows:

       (1) The secretary, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary proceedings or other official acts performed in the course of their duties.

       (2) A voluntary substance abuse monitoring program or an impaired practitioner program approved by a disciplining authority, or individuals acting on their behalf, are immune from suit in a civil action based on any disciplinary proceedings or other official acts performed in the course of their duties.

       NEW SECTION. Sec. 12. A new section is added to chapter 18.71 RCW to read as follows:

       The impaired physician account is created in the custody of the state treasurer. All receipts from RCW 18.71.310 from license surcharges on physicians and physician assistants shall be deposited into the account. Expenditures from the account may only be used for the impaired physician program under this chapter. Only the secretary of health or the secretary's designee may authorize expenditures from the account. No appropriation is required for expenditures from this account.

       Sec. 13. RCW 18.57A.020 and 1996 c 191 s 39 are each amended to read as follows:

       (1) The board shall adopt rules fixing the qualifications and the educational and training requirements for licensure as an osteopathic physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the board and eligibility to take an examination approved by the board, providing such examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program.

       (2)(a) The board shall adopt rules governing the extent to which:

       (i) Physician assistant students may practice medicine during training; and

       (ii) Physician assistants may practice after successful completion of a training course.

       (b) Such rules shall provide:

       (i) That the practice of an osteopathic physician assistant shall be limited to the performance of those services for which he or she is trained; and

       (ii) That each osteopathic physician assistant shall practice osteopathic medicine only under the supervision and control of an osteopathic physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physicians at the place where services are rendered. The board may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.

       (3) Applicants for licensure shall file an application with the board on a form prepared by the secretary with the approval of the board, detailing the education, training, and experience of the physician assistant and such other information as the board may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. A surcharge of twenty-five dollars per year may be charged on each license renewal or issuance of a new license to be collected by the department of health for physician assistant participation in an impaired practitioner program. Each applicant shall furnish proof satisfactory to the board of the following:

       (a) That the applicant has completed an accredited physician assistant program approved by the board and is eligible to take the examination approved by the board;

       (b) That the applicant is of good moral character; and

       (c) That the applicant is physically and mentally capable of practicing osteopathic medicine as an osteopathic physician assistant with reasonable skill and safety. The board may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical and/or mental capability to safely practice as an osteopathic physician assistant.

       (4) The board may approve, deny, or take other disciplinary action upon the application for a license as provided in the uniform disciplinary act, chapter 18.130 RCW. The license shall be renewed as determined under RCW 43.70.250 and 43.70.280.

       Sec. 14. RCW 18.71A.020 and 1996 c 191 s 57 are each amended to read as follows:

       (1) The commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the commission and eligibility to take an examination approved by the commission, if the examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. Physician assistants licensed by the board of medical examiners as of June 7, 1990, shall continue to be licensed.

       (2)(a) The commission shall adopt rules governing the extent to which:

       (i) Physician assistant students may practice medicine during training; and

       (ii) Physician assistants may practice after successful completion of a physician assistant training course.

       (b) Such rules shall provide:

       (i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she is trained; and

       (ii) That each physician assistant shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician or physicians at the place where services are rendered.

       (3) Applicants for licensure shall file an application with the commission on a form prepared by the secretary with the approval of the commission, detailing the education, training, and experience of the physician assistant and such other information as the commission may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. A surcharge of twenty-five dollars per year shall be charged on each license renewal or issuance of a new license to be collected by the department and deposited into the impaired physician account for physician assistant participation in the impaired physician program. Each applicant shall furnish proof satisfactory to the commission of the following:

       (a) That the applicant has completed an accredited physician assistant program approved by the commission and is eligible to take the examination approved by the commission;

       (b) That the applicant is of good moral character; and

       (c) That the applicant is physically and mentally capable of practicing medicine as a physician assistant with reasonable skill and safety. The commission may require an applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical or mental capability, or both, to safely practice as a physician assistant.

       (4) The commission may approve, deny, or take other disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW. The license shall be renewed as determined under RCW 43.70.250 and 43.70.280. The commission may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.

       NEW SECTION. Sec. 15. 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."


MOTIONS


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

      On page 1, line 1 of the title, after "physicians;" strike the remainder of the title and insert "amending RCW 18.71.0195, 18.71.300, 18.71.310, 18.71.320, 18.71.330, 18.71.340, 18.130.070, 18.130.080, 18.130.175, 18.130.300, 18.57A.020, and 18.71A.020; adding a new section to chapter 18.71 RCW; and creating a new section."

      On motion of Senator Johnson, the rules were suspended, Second Substitute House Bill No. 1618, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1618, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1618, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.        Absent: Senator Finkbeiner - 1.        Excused: Senators Hochstatter, Horn, McDonald, Sellar and West - 5.      SECOND SUBSTITUTE HOUSE BILL NO. 1618, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senator Anderson was excused.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2465, by Representatives Dyer, Cody, Backlund, L. Thomas and Cooke

 

Expanding the privileged communication from physician-patient to the health care provider and patient privilege.


      The bill was read the second time.


MOTION


      On motion of Senator Roach, the rules were suspended, Engrossed House Bill No. 2465 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2465.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2465 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.        Excused: Senators Anderson, Hochstatter, McDonald, Sellar and West - 5.    ENGROSSED HOUSE BILL NO. 2465, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2537, by Representatives Butler, Romero, Buck, Hatfield and Kessler (by request of Department of Health)

 

Regulating sanitary control of shellfish.


      The bill was read the second time.

MOTION


      On motion of Senator Oke, the rules were suspended, House Bill No. 2537 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2537.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2537 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

       Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.

       Absent: Senator Newhouse - 1.   Excused: Senators Anderson, McDonald, Sellar and West - 4.             HOUSE BILL NO. 2537, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Swecker, Senator Stevens was excused.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 2782, by House Committee on Appropriations (originally sponsored by Representatives McMorris and Wood)

 

Authorizing special event endorsements to full service private club licenses.


      The bill was read the second time.

MOTION


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

      On page 2, line 8, after "up to" strike "fifty" and insert "forty"

       On page 2, after line 17, insert the following:

       "NEW SECTION. Sec. 2. The board shall report to the senate and house of representatives by January 1, 2001, on whether it has found in the ordinary course of its business since the effective date of this act that compliance by private clubs with restrictions on service of nonmembers has improved as a result of the changes in RCW 66.24.450 by section 1 of this act, and whether any amendments are needed to enhance compliance."

       Renumber the remaining section consecutively.


MOTIONS


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

       On page 1, line 2 of the title, after "66.24.450;" insert "creating a new section;"

      On motion of Senator Schow, the rules were suspended, Second Substitute House Bill No. 2782, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Franklin, Senator Haugen was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2782, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2782, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 3; Absent, 1; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 40.      Voting nay: Senators Hargrove, Long and Oke - 3.              Absent: Senator Prince - 1.    Excused: Senators Haugen, McDonald, Sellar, Stevens and West - 5.    SECOND SUBSTITUTE HOUSE BILL NO. 2782, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1992, by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Honeyford, Clements and Thompson)

 

Implementing workplace safety rules.


      The bill was read the second time.

MOTION


      On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 1992 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Johnson, further consideration of Substitute House Bill No. 1992 was deferred.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2941, by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Kessler, Crouse, Lantz and Bush)

 

Limiting liability for utilities in protecting their facilities.


      The bill was read the second time.


MOTION


      Senator Hargrove moved that the following amendment by Senators Hargrove, Brown and Finkbeiner be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) The legislature finds:

       (a) Utilities that provide service for the public necessity and convenience, particularly electric, water, and sewer utilities, maintain facilities in rights of way and where easements, both acquired and implied, exist;

       (b) Vegetation growth on state lands and private properties adjacent to utility facilities can cause damage to utility facilities and pose public safety concerns where such vegetation grows or falls into these facilities; and

       (c) When vegetation from adjacent land or property causes damage to utility facilities, utility service to customers might be disrupted, collateral damage might occur to other properties, and the general public might be placed in imminent danger.

       (2) The legislature declares:

       (a) Utilities have a dual interest in protecting their facilities from potential damages caused by vegetation on adjacent lands or properties and preserving service continuity and reliability for the customer;

       (b) The cutting or removal of trees, timber, and shrubs by a utility from adjacent lands or properties is often done to protect the utility's facilities, to maintain service continuity and reliability, and to protect the general public, not for commercial or profit-motivated purposes; and

       (c) Utilities should be immune from liability, including special damages for emotional distress, when a utility cuts or removes from adjacent lands or properties vegetation that has damaged, poses an imminent threat to, or encroached upon utility facilities and the utility has given appropriate notice and opportunity to the land or property owner or resident.

       NEW SECTION. Sec. 2. A new section is added to chapter 64.12 RCW to read as follows:

       (1) A utility is immune from liability under RCW 64.12.030 and 64.12.040, when it cuts or removes any trees, timber, or shrubs that:

       (a) Have damaged utility facilities or pose a hazard to the general public health, safety, or welfare and the utility makes a reasonable effort as soon as practical to notify and secure agreement from an adjacent land or property owner of record, or the resident of the property, regarding the disposal of any trees, timber, or shrubs that have been cut or removed by the utility;

       (b) Pose an imminent threat to damage utility facilities and the utility makes a reasonable effort to notify and secure agreement from an adjacent land or property owner of record, or the resident of the property, regarding the cutting or removal and disposal of any trees, timber, or shrubs located on land or property adjacent to utility facilities; or

       (c) Encroached upon utility facilities and the utility secures an agreement from an adjacent land or property owner of record, or the resident of the property, regarding the cutting or removal and disposal of any trees, timber, or shrubs located on land or property adjacent to utility facilities.

       (2) Damages under RCW 64.12.030 or 64.12.040 for cutting or removal of natural vegetation by a utility shall be limited to stumpage value.

       (3) In no event shall a utility be liable for damages for emotional distress for cutting or removing any trees, timber, or shrubs located on land or property adjacent to utility facilities.

       (4) For the purposes of this section:

       (a) "Utility facility" means lines, conduits, ducts, poles, wires, pipes, conductors, cables, cross-arms, receivers, transmitters, transformers, instruments, machines, appliances, instrumentalities, and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by an electric, water, or sewer utility, natural gas, or telecommunications company, for the purposes of manufacturing, transmitting, distributing, selling, or furnishing electricity, water, sewer, natural gas, or telecommunications services; and

       (b) "Natural vegetation" means a tree indigenous to the area in which it has grown and is of such age and condition that it can be reasonably determined to have grown naturally in its present location and it was not planted for the purposes of residential aesthetics, or commercial, production, or retail sale."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Brown and Finkbeiner to Substitute House Bill No. 2941.

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


MOTIONS


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

      On page 1, line 2 of the title, after "vegetation;" strike the remainder of the title and insert "adding a new section to chapter 64.12 RCW; and creating a new section."

      On motion of Senator Finkbeiner, the rules were suspended, Substitute House Bill No. 2941, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2941, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2941, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator Haugen - 1.               SUBSTITUTE HOUSE BILL NO. 2941, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1781, by House Committee on Appropriations (originally sponsored by Representatives Lambert, Ballasiotes, Clements, McMorris, Talcott, Costa, Backlund, Cooke, Huff, Delvin and Thompson)

 

Expanding the supervision management and recidivist tracking program.


      The bill was read the second time.

MOTION


      Senator Long moved that the following Committee on Human Services and Corrections amendment not be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that increased communications between local law enforcement officers and the state department of corrections' community corrections officers improves public safety through shared monitoring and supervision of offenders living in the community under the jurisdiction of the department of corrections.

       Participating local law enforcement agencies and the local offices of the department of corrections have implemented the supervision management and recidivist tracking program, whereby each entity provides mutual assistance in supervising offenders living within the boundaries of local law enforcement agencies. The supervision management and recidivist tracking program has helped local law enforcement solve crimes faster or prevented future criminal activity by reporting offender's sentence violations in a more timely manner to community corrections officers by rapid and comprehensive electronic sharing of information regarding supervised offenders. The expansion of the supervision management and recidivist tracking program will improve public safety throughout the state.

       NEW SECTION. Sec. 2. A new section is added to chapter 43.10 RCW to read as follows:

       There is created, as a component of the homicide investigative tracking system, a supervision management and recidivist tracking system called the SMART system. The office of the attorney general may contract with any state, local, or private agency necessary for implementation of and training for supervision management and recidivist tracking program partnerships for development and operation of a state-wide computer linkage between the attorney general's homicide investigative tracking system, local police departments, and the state department of corrections. Dormant information in the system shall be automatically archived after seven years. The department of corrections shall notify the attorney general when each person is no longer under its supervision."

      The President declared the question before the Senate to be the motion by Senator Long that the Committee on Human Services and Corrections striking amendment to Substitute House Bill No. 1781 not be adopted.

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


MOTION


      Senator Long moved that the following amendment by Senators Long, Hargrove and Zarelli be adopted:          Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that increased communications between local law enforcement officers and the state department of corrections' community corrections officers improves public safety through shared monitoring and supervision of offenders living in the community under the jurisdiction of the department of corrections.

       Participating local law enforcement agencies and the local offices of the department of corrections have implemented the supervision management and recidivist tracking program, whereby each entity provides mutual assistance in supervising offenders living within the boundaries of local law enforcement agencies. The supervision management and recidivist tracking program has helped local law enforcement solve crimes faster or prevented future criminal activity by reporting offender's sentence violations in a more timely manner to community corrections officers by rapid and comprehensive electronic sharing of information regarding supervised offenders. The expansion of the supervision management and recidivist tracking program will improve public safety throughout the state.

       NEW SECTION. Sec. 2. A new section is added to chapter 43.10 RCW to read as follows:

       (1) There is created, as a component of the homicide investigative tracking system, a supervision management and recidivist tracking system called the SMART system. The office of the attorney general may contract with any state, local, or private agency necessary for implementation of and training for supervision management and recidivist tracking program partnerships for development and operation of a state-wide computer linkage between the attorney general's homicide investigative tracking system, local police departments, and the state department of corrections. Dormant information in the supervision management and recidivist tracking system shall be automatically archived after seven years. The department of corrections shall notify the attorney general when each person is no longer under its supervision.

       (2) As used in this section, unless the context requires otherwise:

       (a) "Dormant" means there have been no inquiries by the department of corrections or law enforcement with regard to an active supervision case or an active criminal investigation in the past seven years.

       (b) "Archived" means information which is not in the active data base and can only be retrieved for use in an active criminal investigation.

       NEW SECTION. Sec. 3. The homicide investigative tracking system and the supervision management and recidivist tracking system are tools for the administration of criminal justice and these systems may not be used for any other purpose."

      Debate ensued.


POINT OF INQUIRY


      Senator Loveland: “Senator Long, I notice that this adds a new responsibility, a new system--a supervision management and recidivist tracking system called the SMART system. Is there any--I read the quick striker as it was laying here--the cost that would be associated with this didn't go to a fiscal committee. I wonder how we are going to pay for this?”

      Senator Long: “Senator Loveland, as I recall, this is not funded by the state and it is in existence now. We are merely changing what they can collect and who has access to it.”

      Senator Loveland: “Well, it does say that we are doing--requiring something new--I do appreciate the definition, but I do still question. We are asking to do something new and I don't see any dollars attached to it.”

      Senator Long: “There is no fiscal note on the bill. I would be happy to get back to you and get you more information, but this is the SMART program that is currently in place that is a communication link between the Department of Corrections, the local community corrections officers and participating law enforcement agencies and just provides a link to the homicide investigation tracking system.”

      Senator Loveland: “Thank you.”

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Long, Hargrove and Zarelli to Substitute House Bill No. 1781.

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


MOTIONS


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

      On page 1, line 2 of the title, after "corrections;" strike the remainder of the title and insert "adding a new section to chapter 43.10 RCW; and creating new sections."

      On motion of Senator Long, the rules were suspended, Substitute House Bill No. 1781, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1781, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1781, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Voting nay: Senator Fairley - 1.            SUBSTITUTE HOUSE BILL NO. 1781, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2302, by Representatives Honeyford, Lisk, Wolfe, Scott, Gardner and Hankins

 

Authorizing counties that hold money in trust for school purposes to distribute the money to school districts.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the rules were suspended, Engrossed House Bill No. 2302 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2302.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2302 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.     ENGROSSED HOUSE BILL NO. 2302, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senator McDonald was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2351, by House Committee on Government Administration (originally sponsored by Representatives McDonald, Costa, L. Thomas, Scott, Gardner, Linville, Hatfield, Benson, Keiser, Romero, Butler, Dunshee, Kessler, Kenney, Cooke, Mitchell, Cooper, Kastama, Dunn, Lambert, Constantine, Sullivan, Conway and Lantz) (by request of Secretary of State Munro)

 

Allowing victims of sexual assault into the address confidentiality program.


      The bill was read the second time.


MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 40.24.010 and 1991 c 23 s 1 are each amended to read as follows:

       The legislature finds that persons attempting to escape from actual or threatened domestic violence or sexual assault frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence or sexual assault, to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence or sexual assault, and to enable state and local agencies to accept a program participant's use of an address designated by the secretary of state as a substitute mailing address.

       Sec. 2. RCW 40.24.030 and 1991 c 23 s 3 are each amended to read as follows:

       (1) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, as defined in RCW 11.88.010, may apply to the secretary of state to have an address designated by the secretary of state serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains:

       (a) A sworn statement by the applicant that the applicant has good reason to believe (i) that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence or sexual assault; and (ii) that the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

       (b) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail;

       (c) The mailing address where the applicant can be contacted by the secretary of state, and the phone number or numbers where the applicant can be called by the secretary of state;

       (d) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence or sexual assault;

       (e) The signature of the applicant and of any individual or representative of any office designated in writing under RCW 40.24.080 who assisted in the preparation of the application, and the date on which the applicant signed the application.

       (2) Applications shall be filed with the office of the secretary of state.

       (3) Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The secretary of state shall by rule establish a renewal procedure.

       (4) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be punishable under RCW 40.16.030 or other applicable statutes.

       Sec. 3. RCW 40.24.070 and 1991 c 23 s 7 are each amended to read as follows:

       The secretary of state may not make any records in a program participant's ((address, other than the address designated by the secretary of state,)) file available for inspection or copying, other than the address designated by the secretary of state, except under the following circumstances:

       (1) If requested by a law enforcement agency, to the law enforcement agency;

       (2) If directed by a court order, to a person identified in the order; ((and))

       (3) If certification has been canceled; or

       (4) To verify the participation of a specific program participant, in which case the secretary may only confirm information supplied by the requester.

       Sec. 4. RCW 40.24.080 and 1991 c 23 s 8 are each amended to read as follows:

       The secretary of state shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to either victims of domestic violence or sexual assault to assist persons applying to be program participants. Any assistance and counseling rendered by the office of the secretary of state or its designees to applicants shall in no way be construed as legal advice.

       NEW SECTION. Sec. 5. RCW 40.24.900 and 1991 c 23 s 16 are each repealed."


MOTIONS


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

      On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 40.24.010, 40.24.030, 0.24.070, and 40.24.080; and repealing RCW 40.24.900."

      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 2351, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Loveland, Senator Fairley was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2351, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2351, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Absent: Senator Horn - 1.      Excused: Senators Fairley and McDonald - 2.      SUBSTITUTE HOUSE BILL NO. 2351, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senators Horn and Schow were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2411, by House Committee on Government Administration (originally sponsored by Representatives Alexander, Wolfe, D. Schmidt, DeBolt, Gardner, D. Sommers and Thompson)

 

Refining statutes related to county treasurers.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 35.13.270 and 1965 c 7 s 35.13.270 are each amended to read as follows:

       Whenever any territory is annexed to a city or town which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the city or town and by the city or town placed in the city or town street fund: PROVIDED, That this section shall not apply to any special assessments due in behalf of such property. The city or town is required to provide notification, by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor at least thirty days before the effective date of the annexation. The county treasurer is only required to remit to the city or town those road taxes collected thirty days or more after receipt of the notification.

       Sec. 2. RCW 35A.14.801 and 1971 ex.s. c 251 s 14 are each amended to read as follows:

       Whenever any territory is annexed to a code city which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the code city and by the city placed in the city street fund: PROVIDED, That this section shall not apply to any special assessments due in behalf of such property. The code city is required to provide notification, by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor at least thirty days before the effective date of the annexation. The county treasurer is only required to remit to the code city those road taxes collected thirty or more days after receipt of the notification.

       Sec. 3. RCW 36.29.010 and 1995 c 38 s 4 are each amended to read as follows:

       The county treasurer:

       (1) Shall receive all money due the county and disburse it on warrants issued and attested by the county auditor and electronic funds transfer under RCW 39.58.750 as attested by the county auditor;

       (2) Shall issue a receipt in duplicate for all money received other than taxes; the treasurer shall deliver immediately to the person making the payment the original receipt and the duplicate shall be retained by the treasurer;

       (3) Shall affix on the face of all paid warrants the date of redemption or, in the case of proper contract between the treasurer and a qualified public depositary, the treasurer may consider the date affixed by the financial institution as the date of redemption;

       (4) Shall indorse, before the date of issue by the county or by any taxing district for whom the county treasurer acts as treasurer, on the face of all warrants for which there are not sufficient funds for payment, "interest bearing warrant." When there are funds to redeem outstanding warrants, the county treasurer shall give notice:

       (a) By publication in a legal newspaper published or circulated in the county; or

       (b) By posting at three public places in the county if there is no such newspaper; or

       (c) By notification to the financial institution holding the warrant;

       (5) Shall pay interest on all interest-bearing warrants from the date of issue to the date of notification;

       (6) Shall maintain financial records reflecting receipts and disbursement by fund in accordance with generally accepted accounting principles;

       (7) Shall account for and pay all bonded indebtedness for the county and all special districts for which the county treasurer acts as treasurer;

       (8) Shall invest all funds of the county or any special district in the treasurer's custody, not needed for immediate expenditure, in a manner consistent with appropriate statutes. If cash is needed to redeem warrants issued from any fund in the custody of the treasurer, the treasurer shall liquidate investments in an amount sufficient to cover such warrant redemptions; and

       (9) May provide certain collection services for county departments.

       The treasurer, at the expiration of the term of office, shall make a complete settlement with the county legislative authority, and shall deliver to the successor all public money, books, and papers in the treasurer's possession.

       Sec. 4. RCW 36.29.160 and 1996 c 230 s 1607 are each amended to read as follows:

       The county treasurer shall make segregation, collect, and receive from any owner or owners of any subdivision or portion of any lot, tract or parcel of land upon which assessments or charges have been made or may be made ((hereafter in)) by public utility districts, water-sewer districts, or the county ((road improvement districts)), under the terms of Title 54 RCW, Title 57 RCW, or chapter 36.88, 36.89, or 36.94 RCW, such portion of the assessments or charges levied or to be levied against such lot, tract or parcel of land in payment of such assessment or charges as the board of commissioners of the public utility district, the water-sewer district commissioners or the board of county commissioners, respectively, shall certify to be chargeable to such subdivision, which certificate shall state that such property as segregated is sufficient security for the assessment or charges. Upon making collection upon any such subdivision the county treasurer shall note such payment upon his records and give receipt therefor. When a segregation is required, a certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made.

       Sec. 5. RCW 57.16.110 and 1996 c 230 s 610 are each amended to read as follows:

       Whenever any land against which there has been levied any special assessment by any district shall have been sold in part or subdivided, the board of commissioners of the district shall have the power to order a segregation of the assessment.

       Any person desiring to have a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the board of commissioners of the district that levied the assessment. If the commissioners determine that a segregation should be made, they shall by resolution order the treasurer of the county in which the real property is located to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract and the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ((ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made. In addition to the charge)). The board of commissioners may require as a condition to the order of segregation that the person seeking it pay the district the reasonable engineering and clerical costs incident to making the segregation.

       Sec. 6. RCW 36.48.010 and 1984 c 177 s 8 are each amended to read as follows:

       Each county treasurer shall annually at the end of each fiscal year or at such other times as may be deemed necessary, designate one or more financial institutions in the state which are qualified public depositaries as set forth by the public deposit protection commission as depositary or depositaries for all public funds held and required to be kept by ((him as such)) the treasurer, and no county treasurer shall deposit any public money in financial institutions, except as herein provided. Public funds of the county or a special district for which the county treasurer acts as its treasurer may only be deposited in bank accounts authorized by the treasurer or authorized in statute. All bank card depository service contracts for the county and special districts for which the county treasurer acts as its treasurer must be authorized by the county treasurer.

       Sec. 7. RCW 39.46.110 and 1995 c 38 s 8 are each amended to read as follows:

       (1) General obligation bonds of local governments shall be subject to this section. Unless otherwise stated in law, the maximum term of any general obligation bond issue shall be forty years.

       (2) General obligation bonds constitute an indebtedness of the local government issuing the bonds that are subject to the indebtedness limitations provided in Article VIII, section 6 of the state Constitution and are payable from tax revenues of the local government and such other money lawfully available and pledged or provided by the governing body of the local government for that purpose. Such governing body may pledge the full faith, credit and resources of the local government for the payment of general obligation bonds. The payment of such bonds shall be enforceable in mandamus against the local government and its officials. The officials now or hereafter charged by law with the duty of levying taxes pledged for the payment of general obligation bonds and interest thereon shall, in the manner provided by law, make an annual levy of such taxes sufficient together with other moneys lawfully available and pledge therefor to meet the payments of principal and interest on ((said)) the bonds as they come due.

       (3) General obligation bonds, whether or not issued as physical instruments, shall be executed in the manner determined by the governing body or legislative body of the issuer. If the issuer is the county or a special district for which the county treasurer is the treasurer, the issuer shall notify the county treasurer at least thirty days in advance of authorizing the issuance of bonds or the incurrence of other certificates of indebtedness.

       (4) Unless another statute specifically provides otherwise, the owner of a general obligation bond, or the owner of an interest coupon, issued by a local government shall not have any claim against the state arising from the general obligation bond or interest coupon.

       (5) As used in this section, the term "local government" means every unit of local government, including municipal corporations, quasi municipal corporations, and political subdivisions, where property ownership is not a prerequisite to vote in the local government's elections.

       Sec. 8. RCW 39.50.010 and 1985 c 332 s 8 are each amended to read as follows:

       As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

       (1) "Governing body" means the legislative authority of a municipal corporation by whatever name designated;

       (2) "Local improvement district" includes local improvement districts, utility local improvement districts, road improvement districts, and other improvement districts that a municipal corporation is authorized by law to establish;

       (3) "Municipal corporation" means any city, town, county, water district, sewer district, school district, port district, public utility district, metropolitan municipal corporation, public transportation benefit area, park and recreation district, irrigation district, ((or)) fire protection district or any other municipal or quasi municipal corporation described as such by statute, or regional transit authority, except joint operating agencies under chapter 43.52 RCW;

       (4) "Ordinance" means an ordinance of a city or town or resolution or other instrument by which the governing body of the municipal corporation exercising any power under this chapter takes formal action and adopts legislative provisions and matters of some permanency; and

       (5) "Short-term obligations" are warrants, notes, or other evidences of indebtedness, except bonds.

       Sec. 9. RCW 57.08.081 and 1997 c 447 s 19 are each amended to read as follows:

       The commissioners of any district shall provide for revenues by fixing rates and charges for furnishing sewer and drainage service and facilities to those to whom service is available or for providing water, such rates and charges to be fixed as deemed necessary by the commissioners, so that uniform charges will be made for the same class of customer or service and facility. Rates and charges may be combined for the furnishing of more than one type of sewer or drainage service and ((facility such as but not limited to storm or surface water and sanitary)) facilities.

       In classifying customers of such water, sewer, or drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost to various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the service and facility furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Rates shall be established as deemed proper by the commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system.

       The commissioners shall enforce collection of connection charges, and rates and charges for water supplied against property owners connecting with the system or receiving such water, and for sewer and drainage services charged against property to which and its owners to whom the service is available, such charges being deemed charges against the property served, by addition of penalties of not more than ten percent thereof in case of failure to pay the charges at times fixed by resolution. The commissioners may provide by resolution that where either connection charges or rates and charges for services supplied are delinquent for any specified period of time, the district shall certify the delinquencies to the ((treasurer)) auditor of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate of not more than the prime lending rate of the district's bank plus four percentage points per year shall be a lien against the property upon which the service was received, subject only to the lien for general taxes.

       The district may, at any time after the connection charges or rates and charges for services supplied or available and penalties are delinquent for a period of sixty days, bring suit in foreclosure by civil action in the superior court of the county in which the real property is located. The court may allow, in addition to the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable. The action shall be in rem, and may be brought in the name of the district against an individual or against all of those who are delinquent in one action. The laws and rules of the court shall control as in other civil actions.

       In addition to the right to foreclose provided in this section, the district may also cut off all or part of the service after charges for water or sewer service supplied or available are delinquent for a period of sixty days.

       NEW SECTION. Sec. 10. A new section is added to chapter 82.46 RCW to read as follows:

       A county, city, or town that imposes an excise tax under this chapter must provide the county treasurer with a copy of the ordinance or other action initially authorizing the tax or altering the rate of the tax that is imposed at least sixty days before change becomes effective.

       Sec. 11. RCW 82.45.180 and 1993 sp.s. c 25 s 510 are each amended to read as follows:

       (1) For taxes collected by the county under this chapter, the county treasurer shall collect a two-dollar fee on all transactions required by this chapter where the transaction does not require the payment of tax. A total of two dollars shall be collected in the form of a tax and fee, where the calculated tax payment is less than two dollars. The county treasurer shall place one percent of the proceeds of the tax imposed by this chapter and the treasurer's fee in the county current expense fund to defray costs of collection and shall pay over to the state treasurer and account to the department of revenue for the remainder of the proceeds at the same time the county treasurer remits funds to the state under RCW 84.56.280. The state treasurer shall deposit the proceeds in the general fund for the support of the common schools.

       (2) For taxes collected by the department of revenue under this chapter, the department shall remit the tax to the state treasurer who shall deposit the proceeds of any state tax in the general fund for the support of the common schools. The state treasurer shall deposit the proceeds of any local taxes imposed under chapter 82.46 RCW in the local real estate excise tax account hereby created in the state treasury. Moneys in the local real estate excise tax account may be spent only for distribution to counties, cities, and towns imposing a tax under chapter 82.46 RCW. Except as provided in RCW 43.08.190, all earnings of investments of balances in the local real estate excise tax account shall be credited to the local real estate excise tax account and distributed to the counties, cities, and towns monthly. Monthly the state treasurer shall make distribution from the local real estate excise tax account to the counties, cities, and towns the amount of tax collected on behalf of each taxing authority. The state treasurer shall make the distribution under this subsection without appropriation.

       Sec. 12. RCW 84.04.060 and 1961 c 15 s 84.04.060 are each amended to read as follows:

       "Money" or "moneys" shall be held to mean ((gold and silver coin, gold and silver certificates, treasury notes, United States notes, and bank notes)) coin or paper money issued by the United States government.

       Sec. 13. RCW 84.64.220 and 1961 c 15 s 84.64.220 are each amended to read as follows:

       All property deeded to the county under the provisions of this chapter shall be stricken from the tax rolls as county property and exempt from taxation and shall not be again assessed or taxed while the property of the county. The sale, management, and leasing of tax title property shall be handled as under chapter 36.35 RCW.

       Sec. 14. RCW 84.64.300 and 1961 c 15 s 84.64.300 are each amended to read as follows:

       The county treasurer shall upon payment to ((him)) the county treasurer of the purchase price for ((said)) the property and any interest due, make and execute under ((his)) the county treasurer's hand and seal, and issue to the purchaser, a deed in the following form for any lots or parcels of real property sold under the provisions of RCW 84.64.270 (as recodified by this act).


State of Washington                         

                                                                                               ss.

County of . . . . . . .. . . . . . . . . . . . . . .                                   


       This indenture, made this . . . . day of . . . . . ., ((19. . .)) . . (year) . ., between . . . . . ., as treasurer of . . . . . . county, state of Washington, the party of the first part, and . . . . . ., party of the second part.

       WITNESSETH, That whereas, at a public sale of real property, held on the . . . . day of . . . . . ., ((A.D., 19 . . .)) . . (year) . ., pursuant to an order of the ((board of county commissioners)) county legislative authority of the county of . . . . . ., state of Washington, duly made and entered, and after having first given due notice of the time and place and terms of ((said)) the sale, and, whereas, in pursuance of ((said)) the order of the ((said board of county commissioners)) county legislative authority, and of the laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, I have this day sold to . . . . . . the following described real property, and which ((said)) the real property is the property of . . . . . . county, and which is particularly described as follows, to wit: . . . . . . . . ., the ((said)) . . . . . . being the highest and best bidder at ((said)) the sale, and the ((said)) sum being the highest and best sum bid at ((said)) the sale;

       NOW, THEREFORE, Know ye that I, . . . . . ., county treasurer of ((said)) the county of . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases made and provided, do hereby grant and convey unto . . . . . ., heirs and assigns, forever, the ((said)) real property hereinbefore described, as fully and completely as ((said)) the party of the first part can by virtue of the premises convey the same.

       Given under my hand and seal of office this . . . . day of . . . . . ., ((A.D. 19 . . .)) . . (year) . .

                                                                                                                   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                                                                          County Treasurer,

                                                                                                             By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                                                                                  Deputy:


PROVIDED, That when by order of the ((board of county commissioners)) county legislative authority any of the minerals or other resources enumerated in RCW 84.64.270 (as recodified by this act) are reserved, the deed or contract of purchase shall contain the following reservation:

       The party of the first part hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, its successors, and assigns, forever, all oils, gases, coals, ores, minerals, gravel, timber and fossils of every name, kind or description, and which may be in or upon ((said)) the lands above described; or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, gravel, timber and fossils; and it also hereby expressly saves reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right to enter by itself, its agents, attorneys and servants upon ((said)) the lands, or any part or parts thereof, at any and all times, for the purpose of opening, developing and working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals, gravel, timber and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right by it or its agents, servants and attorneys at any and all times to erect, construct, maintain and use all such buildings, machinery, roads and railroads, sink such shafts, remove such oil, and to remain on ((said)) the lands or any part thereof, for the business of mining and to occupy as much of ((said)) the lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself, its successors and assigns, as aforesaid, generally, all rights and powers in, to and over, ((said)) the land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the rights hereby expressly reserved. No rights shall be exercised under the foregoing reservation, by the county, its successors or assigns, until provision has been made by the county, its successors or assigns, to pay to the owner of the land upon which the rights herein reserved to the county, its successors or assigns, are sought to be exercised, full payment for all damages sustained by ((said)) the owner, by reason of entering upon ((said)) the land: PROVIDED, That if ((said)) the owner from any cause whatever refuses or neglects to settle ((said)) the damages, then the county, its successors or assigns, or any applicant for a lease or contract from the county for the purpose of prospecting for or mining valuable minerals, or operation contract, or lease, for mining coal, or lease for extracting petroleum or natural gas, shall have the right to institute such legal proceedings in the superior court of the county wherein the land is situated, as may be necessary to determine the damages which ((said)) the owner of ((said)) the land may suffer: PROVIDED, The county treasurer shall cross out of such reservation any of ((said)) the minerals or other resources which were not reserved by order of the ((said board)) county legislative authority.

       Sec. 15. RCW 84.64.330 and 1961 c 15 s 84.64.330 are each amended to read as follows:

       In any and all instances in this state in which a treasurer's deed to real property has been or shall be issued to the county in proceedings to foreclose the lien of general taxes, and for any reason a defect in title exists or adverse claims against the same have not been legally determined, the county or its successors in interest or assigns shall have authority to institute an action in the superior court in ((said)) the county to correct such defects, and to determine such adverse claims and the priority thereof as provided in RCW 84.64.330 through 84.64.440 ((provided)) (as recodified by this act).

       Sec. 16. RCW 84.64.340 and 1961 c 15 s 84.64.340 are each amended to read as follows:

       The county or its successors in interest or assigns shall have authority to include in one action any and all tracts of land in which plaintiff or plaintiffs in such action, jointly or severally, has or claims to have an interest. Such action shall be one in rem as against every right and interest in and claim against any and every part of the real property involved, except so much thereof as may be at the time the summons and notice is filed with the clerk of the superior court in the actual, open and notorious possession of any person or corporation, and then except only as to the interest claimed by such person so in possession: PROVIDED, That the possession required under the provisions of RCW 84.64.330 through 84.64.440 (as recodified by this act) shall be construed to be that by personal occupancy only, and not merely by representation or in contemplation of law. No person, firm or corporation claiming an interest in or to such lands need be specifically named in the summons and notice, except as in RCW 84.64.330 through 84.64.440 ((provided)) (as recodified by this act), and no pleadings other than the summons and notice and the written statements of those claiming a right, title and interest in and to the property involved shall be required.

       Sec. 17. RCW 84.64.350 and 1961 c 15 s 84.64.350 are each amended to read as follows:

       Upon filing a copy of the summons and notice in the office of the county clerk, service thereof as against every interest in and claim against any and every part of the property described in such summons and notice, and every person, firm, or corporation, except one who is in the actual, open and notorious possession of any of ((said)) the properties, shall be had by publication in the official county newspaper for six consecutive weeks; and no affidavit for publication of such summons and notice shall be required. In case ((there are outstanding local improvement)) special assessments imposed by a city or town against any of the real property described in the summons and notice remain outstanding, a copy of the same shall be served on the treasurer of the city or town within which such real property is situated within five days after such summons and notice is filed.

       The summons and notice in such action shall contain the title of the court; specify in general terms the years for which the taxes were levied and the amount of the taxes and the costs for which each tract of land was sold; give the legal description of each tract of land involved, and the tax record owner thereof during the years in which the taxes for which the property was sold were levied; state that the purpose of the action is to foreclose all adverse claims of every nature in and to the property described, and to have the title of existing liens and claims of every nature against ((said)) the described real property, except that of the county, forever barred.

       ((Said)) The summons and notice shall also summon all persons, firms and corporations claiming any right, title and interest in and to ((said)) the described real property to appear within sixty days after the date of the first publication, specifying the day and year, and state in writing what right, title and interest they have or claim to have in and to the property described, and file the same with the clerk of the court above named; and shall notify them that in case of their failure so to do, judgment will be rendered determining that the title to ((said)) the real property is in the county free from all existing adverse interests, rights or claims whatsoever: PROVIDED, That in case any of the lands involved is in the actual, open and notorious possession of anyone at the time the summons and notice is filed, as herein provided, a copy of the same modified as herein specified shall be served personally upon such person in the same manner as summons is served in civil actions generally. ((Said)) The summons shall be substantially in the form above outlined, except that in lieu of the statement relative to the date and day of publication it shall require the person served to appear within twenty days after the day of service, exclusive of the date of service, and that the day of service need not be specified therein, and except further that the recitals regarding the amount of the taxes and costs and the years the same were levied, the legal description of the land and the tax record owner thereof may be omitted except as to the land occupied by the persons served.

       Every summons and notice provided for in RCW 84.64.330 through 84.64.440 (as recodified by this act) shall be subscribed by the prosecuting attorney of the county, or by any successor or assign of the county or his attorney, as the case may be, followed by ((his)) the post office address of the successor or assign.

       Sec. 18. RCW 84.64.380 and 1961 c 15 s 84.64.380 are each amended to read as follows:

       The right of action of the county, its successors or assigns, under RCW 84.64.330 through 84.64.440 (as recodified by this act) shall rest on the validity of the taxes involved, and the plaintiff shall be required to prove only the amount of the former judgment foreclosing the lien thereof, together with the costs of the foreclosure and sale of each tract of land for ((said)) the taxes, and all the presumptions in favor of the tax foreclosure sale and issuance of treasurer's deed existing by law shall obtain in ((said)) the action.

       Sec. 19. RCW 84.64.420 and 1961 c 15 s 84.64.420 are each amended to read as follows:

       Nothing in RCW 84.64.330 through 84.64.440 (as recodified by this act) contained shall be construed to deprive any city ((or)), town, or other unit of local government that imposed special assessments on the property by including the property in a local improvement or special assessment district of its right to reimbursement for special assessments out of any surplus over and above the taxes, interest and costs involved.

       Sec. 20. RCW 84.64.430 and 1961 c 15 s 84.64.430 are each amended to read as follows:

       That in all cases where any county of the state of Washington has perfected title to real estate owned by ((such)) the county, under the provisions of RCW 84.64.330 through 84.64.420 (as recodified by this act) and resells the same or part thereof, it shall give to the purchaser a warranty deed in substantially the following form:


STATE OF WASHINGTON                                                                                   

                                                                                                                                                     ss.

County of . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                                     


       This indenture, made this . . . . day of . . . . . . ((19. . .)) . . (year) . ., between . . . . . . as treasurer of . . . . . . county, state of Washington, the party of the first part, and . . . . . ., party of the second part.

       WITNESSETH, THAT WHEREAS, at a public sale of real property, held on the . . . . day of . . . . . . ((A.D. 19 . . .)) . . (year) . ., pursuant to an order of the ((board of county commissioners)) county legislative authority of the county of . . . . . ., state of Washington, duly made and entered, and after having first given due notice of the time and place and terms of ((said)) the sale, and, whereas, in pursuance of ((said)) the order of the ((said board of county commissioners)) county legislative authority, and of the laws of the state of Washington, and for and in consideration of the sum of . . . . . . dollars, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, I have this day sold to . . . . . . the following described real property, and which ((said)) the real property is the property of . . . . . . county, and which is particularly described as follows, to wit:

       . . . . . ., the ((said)) . . . . . . being the highest and best bidder at ((said)) the sale, and the ((said)) sum being the highest and best sum bid at ((said)) the sale:

       NOW THEREFORE KNOW YE that I, . . . . . . county treasurer of ((said)) the county of . . . . . ., state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases made and provided, do hereby grant, convey and warrant on behalf of . . . . . . county unto . . . . . ., his or her heirs and assigns, forever, the ((said)) real property hereinbefore described.

       Given under my hand and seal of office this . . . . day of . . . . . . ((A.D.)), ((19 . . .)) . . (year) . .

                                                                                                                   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                                                                          County Treasurer.

                                                                                                             By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                                                                                  Deputy.


       Sec. 21. RCW 84.64.440 and 1961 c 15 s 84.64.440 are each amended to read as follows:

       No recovery for breach of warranty shall be had, against the county executing a deed under the provisions of RCW 84.64.430 (as recodified by this act), in excess of the purchase price of the land described in such deed, with interest at the legal rate.

       Sec. 22. RCW 36.35.070 and 1972 ex.s. c 150 s 8 are each amended to read as follows:

       The provisions of this chapter shall be deemed as alternatives to, and not be limited by, the provisions of RCW 39.33.010, 36.34.130, and 84.64.310 (as recodified by this act), nor shall the authority granted in this chapter be held to be subjected to or qualified by the terms of such statutory provisions.

       NEW SECTION. Sec. 23. RCW 84.64.220 (as amended by this act), 84.64.230, 84.64.270, 84.64.300 (as amended by this act), 84.64.310, 84.64.320, 84.64.330 (as amended by this act), 84.64.340 (as amended by this act), 84.64.350 (as amended by this act), 84.64.360, 84.64.370, 84.64.380 (as amended by this act), 84.64.390, 84.64.400, 84.64.410, 84.64.420 (as amended by this act), 84.64.430 (as amended by this act), 84.64.440 (as amended by this act), 84.64.450, and 84.64.460 are each recodified as sections in chapter 36.35 RCW.

       NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:

       (1) RCW 36.35.030 and 1972 ex.s. c 150 s 4;

       (2) RCW 36.35.040 and 1972 ex.s. c 150 s 5;

       (3) RCW 36.35.050 and 1972 ex.s. c 150 s 6; and

       (4) RCW 36.35.060 and 1972 ex.s. c 150 s 7."


MOTIONS


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

      On page 1, line 1 of the title, after "treasurers;" strike the remainder of the title and insert "amending RCW 35.13.270, 35A.14.801, 36.29.010, 36.29.160, 57.16.110, 36.48.010, 39.46.110, 39.50.010, 57.08.081, 82.45.180, 84.04.060, 84.64.220, 84.64.300, 84.64.330, 84.64.340, 84.64.350, 84.64.380, 84.64.420, 84.64.430, 84.64.440, and 36.35.070; adding a new section to chapter 82.46 RCW; adding new sections to chapter 36.35 RCW; recodifying RCW 84.64.220, 84.64.230, 84.64.270, 84.64.300, 84.64.310, 84.64.320, 84.64.330, 84.64.340, 84.64.350, 84.64.360, 84.64.370, 84.64.380, 84.64.390, 84.64.400, 84.64.410, 84.64.420, 84.64.430, 84.64.440, 84.64.450, and 84.64.460; and repealing RCW 36.35.030, 36.35.040, 36.35.050, and 36.35.060."

      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 2411, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2411, as amended by the Senate.



ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2411, as amended by the Senate, and the bill passed the

Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Excused: Senators Horn and Schow - 2.                SUBSTITUTE HOUSE BILL NO. 2411, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Sellar, Senators Anderson, Hale and Strannigan were excused.


SECOND READING


      HOUSE BILL NO. 1250, by Representatives Wensman, Costa, Sheahan, Sterk, Lantz, Kenney, Skinner, Sherstad, Lambert, Gardner, D. Schmidt and Pennington (by request of Secretary of State Munro)

 

Regulating trademarks.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, House Bill No. 1250 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1250.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1250 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.

      Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.      Absent: Senators Long, McDonald and Prince - 3.                 Excused: Senators Anderson, Hale, Schow and Strannigan - 4.

      HOUSE BILL NO. 1250, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2459, by House Committee on Trade and Economic Development (originally sponsored by Representatives Veloria, Van Luven, Butler, Cody, Mason, Conway, McDonald, Kenney, Kastama, Dickerson and Keiser)

 

Regulating public housing authorities in large jurisdictions.


      The bill was read the second time.

MOTION


      Senator Winsley moved that the following Committee on Financial Institutions, Insurance and Housing amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 35.82.040 and 1995 c 293 s 1 are each amended to read as follows:

       Except as provided in section 2 of this act, when the governing body of a city adopts a resolution declaring that there is a need for a housing authority, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for the city. When the governing body of a county adopts a resolution declaring that there is a need for a housing authority, it shall appoint five persons as commissioners of the authority created for the county. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of ((five)) four years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created, unless the commissioner is an employee of a separately elected county official other than the county governing body in a county with a population of less than one hundred seventy-five thousand as of the 1990 federal census, and the total government employment in that county exceeds forty percent of total employment. A commissioner shall hold office until a successor has been appointed and has qualified, unless sooner removed according to this chapter. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his or her services for the authority, in any capacity, but he or she shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.

       The powers of each authority shall be vested in the commissioners thereof in office from time to time. Except as provided in section 2 of this act, three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. The mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners appointed shall be the first chair of the commission and he or she shall serve in the capacity of chair until the expiration of his or her term of office as commissioner. When the office of the chair of the authority becomes vacant, the authority shall select a chair from among its commissioners. An authority shall select from among its commissioners a vice-chair, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

       NEW SECTION. Sec. 2. A new section is added to chapter 35.82 RCW to read as follows:

       (1) After the effective date of this section, the governing body of a city with a population of four hundred thousand or more, that has created a housing authority under RCW 35.82.040, shall adopt a resolution to expand the number of commissioners on the housing authority from five to seven. Upon receiving the notice, the mayor, with approval of the city council, shall appoint additional persons as commissioners of the authority created for the city.

       (2) In appointing commissioners, the mayor shall consider persons that represent the community, provided that two commissioners shall consist of tenants that reside in a housing project that is owned by the housing authority.

       (3) After the effective date of this section, all commissioners shall be appointed to serve five-year terms, except that all vacancies shall be filled for the remainder of the unexpired term. A commissioner of an authority may not be an officer or employee of the city for which the authority is created. A commissioner shall hold office until a successor has been appointed and has qualified, unless sooner removed according to this chapter.

       (4) A commissioner may be reappointed only after review and approval by the city council.

       (5) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and the certificate is conclusive evidence of the due and proper appointment of the commissioner.

       (6) A commissioner shall receive no compensation for his or her services for the authority, in any capacity, but he or she is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.

       (7) The powers of each authority vest in the commissioners of the authority in office from time to time. Four commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number.

       (8) The mayor, with consent of the city council, shall designate which of the commissioners appointed shall be the first chair of the commission and he or she shall serve in the capacity of chair until the expiration of his or her term of office as commissioner. When the office of the chair of the authority becomes vacant, the authority shall select a chair from among its commissioners. An authority shall select from among its commissioners a vice-chair, and the authority may employ a secretary, who shall be executive director, technical experts and such other officers, agents, and employees, permanent and temporary, as the authority requires, and shall determine their qualifications, duties, and compensation.

       (9) For such legal services as it may require, an authority may call upon the chief law officer of the city or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

       Sec. 3. RCW 35.82.050 and 1965 c 7 s 35.82.050 are each amended to read as follows:

       (1) No commissioner ((or)), employee ((of an authority)), or appointee to any decision-making body for the housing authority shall ((acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project, nor shall he have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project)) own or hold an interest in any contract or property or engage in any business, transaction, or professional or personal activity, that would:

       (a) Be, or appear to be, in conflict with the commissioner's, employee's, or appointee's official duties to any decision-making body for the housing authority duties relating to the housing authority served by or subject to the authority of such commissioner, employee, or appointee to any decision-making body for the housing authority;

       (b) Secure, or appear to secure, unwarranted privileges or advantages for such commissioner, employee, or appointee to any decision-making body for the housing authority, or others; or

       (c) Prejudice, or appear to prejudice, such commissioner's, employee's, or appointee's to any decision-making body for the housing authority independence of judgment in exercise of his or her official duties relating to the housing authority served by or subject to the authority of the commissioner, employee, or appointee to any decision-making body for the housing authority.

       (2) No commissioner, employee, or appointee to any decision-making body for the housing authority shall act in an official capacity in any manner in which such commissioner, employee, or appointee to any decision-making body of the housing authority has a direct or indirect financial or personal involvement.

       (3) No commissioner, employee, or appointee to any decision-making body for the housing authority shall use his or her public office or employment to secure financial gain to such commissioner, employee, or appointee to any decision-making body for the housing authority.

       (4) If any commissioner or employee of an authority or any appointee to any decision-making body for the housing authority owns or controls an interest direct or indirect in any property included or planned to be included in any housing project, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure ((so)) to disclose such interest shall constitute misconduct in office. Upon such disclosure such commissioner ((or)), employee, or appointee to any decision-making body for the housing authority shall not participate in any action by the authority affecting such property.

       (5) No provision of this section shall preclude a tenant of the public housing authority from serving as a commissioner, employee, or appointee to any decision-making body of the housing authority. No provision of this section shall preclude a tenant of the public housing authority who is serving as a commissioner, employee, or appointee to any decision-making body of the housing authority from voting on any issue or decision, or participating in any action by the authority, unless a conflict of interest, as set forth in subsections (1) through (4) of this section, exists as to that particular tenant and the particular property or interest at issue before, or subject to action by the housing authority."


MOTION


      Senator Heavey moved that the following amendments by Senators Benton and Heavey to the Committee on Financial Institutions, Insurance and Housing striking amendment be considered simultaneously and be adopted:

      On page 2, line 31, after "with" insert "a public hearing and"

       On page 3, line 6, after "after" delete everything through "council" on line 7, and insert "a public hearing is held by the city council and an opportunity is given for public input"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Benton and Heavey on page 2, line 31, and page 3, line 6, to the Committee on Financial Institutions, Insurance and Housing striking amendment to Substitute House Bill No. 2459.                  

      The motion by Senator Heavey failed and the amendments to the committee striking amendment were not adopted on a rising vote.

      The President declared the question before the Senate to be the adoption of the Committee on Financial Institutions, Insurance and Housing striking amendment to Substitute House Bill No. 2459.               

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


MOTIONS


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

       On page 1, line 2 of the title, after "thousand;" strike the remainder of the title and insert "amending RCW 35.82.040 and 35.82.050; and adding a new section to chapter 35.82 RCW."

      On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 2459, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2459, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2459, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.           Excused: Senator Anderson - 1.

      SUBSTITUTE HOUSE BILL NO. 2459, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2436, by Representatives McMorris, Huff, Backlund, H. Sommers, Gardner, Wensman, Ogden, Regala and Alexander (by request of Joint Legislative Audit and Review Committee)

 

Eliminating review and termination of the center for international trade in forest products and delaying review and termination of the office of public defense under the Washington sunset act.


      The bill was read the second time.


MOTION


      On motion of Senator Schow, the rules were suspended, House Bill No. 2436 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION

 

      On motion of Senator Franklin, Senator Loveland was excused. 

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2436.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2436 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

       Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

       Excused: Senator Loveland - 1.   HOUSE BILL NO. 2436, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


       On motion of Senator Johnson, the Senate advanced to the eighth order of business.


MOTION


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


SENATE RESOLUTION 1998-8715


By Senators Anderson, Stevens, Hargrove, Horn, Johnson, Loveland, Rasmussen, Snyder, Rossi, Long, Roach, Benton, Fraser, Goings, Swecker, Finkbeiner, Spanel and B. Sheldon


       WHEREAS, The Washington State Legislature recognizes excellence, achievement and conduct in all fields of endeavors; and

       WHEREAS, Washington State is known for many outstanding athletic teams and stars; however, there is one sport in particular where the award-winning participants toil in the shadows of more publicized sports; and

       WHEREAS, This particular sport warrants recognition because it takes tremendous skill, athleticism, and a certain amount of “horse sense;” and

       WHEREAS, Washington State is home to a number of people who pride themselves for their love of horses and equestrian competitions; and

       WHEREAS, The athletes here to be recognized use a unique breed of horse in their competitions, known as the Appaloosa; and

       WHEREAS, The Appaloosa, one of the finest breeds of horses, has a unique heritage in the Pacific Northwest, dating back to the 1700s when the Nez Perce tribe first recognized the stellar characteristics of this breed and relied exclusively on the Appaloosa; and

       WHEREAS, When handled with confidence and expertise, the Appaloosa are a breed apart when it comes to competition, such as dressage, jumping, reining, roping, pleasure and endurance; and

       WHEREAS, These athletes merit distinction for their hard work and dedication to their sport and their achievements in equestrian events, including National and World competitions;

       NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the Washington State Appaloosa riders that earned a “Championship” or “Reserve Championship” honor from the National Show in Oklahoma City or the World Show in Fort Worth. The honorees include: Cori Anderson of Acme; Jenna Applegate of Bellingham; Sarah Aron of Issaquah; Nick and Jessica Barkas of Buckley; Brianne Berschaur of Lacey; Carlee Blackburn of Battleground; Ronald Dillion of Walla Walla; Debbie Hadden of Olympia; Robin and Allison King of Arlington; Brett Larson of Montesano; George Lawrence of Seattle; Diana McDaniel of Roy; Brittney Mercer of Vancouver; Corisa Quevillion of Mill Creek; Carrie Ruby of Issaquah; Roheela Shah of Sumner; Rachel and Tamara Sternoff of Redmond; Kandace Stevenson of Mercer Island; Kara and Monica Baker of Spanaway; and Andrea Willis of Ferndale; and

       BE IT FURTHER RESOLVED, That we honor these champion horse riders for their hard work, dedication, competitive spirit and accomplishments.


       Senators Anderson, Morton, Hargrove, McCaslin, Franklin, Rasmussen and Hochstatter spoke to Senate Resolution 1998-8715.


INTRODUCTION OF SPECIAL GUESTS


       The President welcomed the Washington State Appaloosa riders who were seated in the gallery.


MOTION


       At 11:56 a.m., on motion of Senator Johnson, the Senate recessed until 1:30 p.m.


       The Senate was called to order at 1:30 p.m. by President Owen.


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


MESSAGE FROM THE HOUSE

March 3, 1998

MR. PRESIDENT:

       The House has passed:

       SUBSTITUTE SENATE BILL NO. 5517,

       SECOND SUBSTITUTE SENATE BILL NO. 5727,

       ENGROSSED SUBSTITUTE SENATE BILL NO. 5936,

       SENATE BILL NO. 6169,

       SENATE BILL NO. 6223,

       SUBSTITUTE SENATE BILL NO. 6258,

       SUBSTITUTE SENATE BILL NO. 6297,

       SENATE BILL NO. 6299,

       ENGROSSED SUBSTITUTE SENATE BILL NO. 6323,

       SENATE BILL NO. 6353,

       SENATE BILL NO. 6398,

       SENATE BILL NO. 6441,

       SUBSTITUTE SENATE BILL NO. 6535,

       SENATE BILL NO. 6604,

       SUBSTITUTE SENATE BILL NO. 6667, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


SIGNED BY THE PRESIDENT


       The President signed:

       SUBSTITUTE SENATE BILL NO. 5517,

       SECOND SUBSTITUTE SENATE BILL NO. 5727,

       ENGROSSED SUBSTITUTE SENATE BILL NO. 5936,

       SENATE BILL NO. 6169,

       SENATE BILL NO. 6223,

       SUBSTITUTE SENATE BILL NO. 6258,

       SUBSTITUTE SENATE BILL NO. 6297,

       SENATE BILL NO. 6299,

       ENGROSSED SUBSTITUTE SENATE BILL NO. 6323,

       SENATE BILL NO. 6353,

       SENATE BILL NO. 6398,

       SENATE BILL NO. 6441,

       SUBSTITUTE SENATE BILL NO. 6535,

       SENATE BILL NO. 6604,

       SUBSTITUTE SENATE BILL NO. 6667.

MOTION


       On motion of Senator Johnson, the Senate advanced to the eighth order of business.


MOTION


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


SENATE RESOLUTION 1998-8718


By Senators Haugen, Spanel, Loveland, Jacobsen, T. Sheldon, Franklin, Prentice, Rasmussen, Heavey, Wojahn and Kohl


       WHEREAS, Oak Harbor Middle School teacher and former state representative from the Tenth District, Sue Karahalios, possessed the foresight and initiative to found the school’s first leadership class; and

       WHEREAS, She utilized her personal experience and own inner knowledge of both the history and practice of leadership to craft an innovative educational program, in which students learn the fundamentals of project leadership and cooperative teamwork; and

       WHEREAS, The students in this leadership class, by coordinating and participating in numerous school, community, and church events, develop the skills necessary to become effective civic leaders and contributing members of society; and

       WHEREAS, The leaders of tomorrow are inspired, encouraged, and enabled through visionary programs such as this one to lend their talents and services to the task of building a better world for the next generation; and

       WHEREAS, The students of Oak Harbor Middle School Leadership Class have been awarded the Certificate of Excellence in Education by the city of Oak Harbor for their continued contributions to the smooth and spirited running of that educational institution;

       NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the exceptional leadership skills and dedication demonstrated by the Oak Harbor Middle School Leadership Class; and

       BE IT FURTHER RESOLVED, That the Senate applaud and commend Sue Karahalios for her role in teaching, mentoring, and preparing the students at Oak Harbor Middle School for the duties of responsible democratic citizenship, and instilling in them an appreciation for the workings of government on the local, state, and federal level; and

       BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Sue Karahalios, instructor at Oak Harbor Middle School, and the students of the Oak Harbor Middle School Leadership Class.


       Senators Haugen, Wood, Wojahn, Franklin, Kohl, Long, Heavey and Jacobsen spoke to Senate Resolution 1998-8718.


INTRODUCTION OF SPECIAL GUEST


       The President welcomed and introduced former Representative Sue Karahalios, who was seated in the gallery.


MOTION

 

`     On motion of Senator Johnson, the Senate returned to the sixth order of business.


SECOND READING


       HOUSE BILL NO. 1835, by Representatives Skinner and Clements

 

Requiring audit resolution reports.


       The bill was read the second time.

MOTION


       On motion of Senator West, the following Committee on Ways and Means amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 43.88.160 and 1997 c 168 s 6 are each amended to read as follows:

       This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

       (1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

       (2) Except as provided in chapter 43.88C RCW, the director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

       (3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

       (4) In addition, the director of financial management, as agent of the governor, shall:

       (a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

       Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

       (b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

       (c) Establish policies for allowing the contracting of child care services;

       (d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

       (e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

       (f) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

       (g) Adopt rules to effectuate provisions contained in (a) through (f) of this subsection.

       (5) The treasurer shall:

       (a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

       (b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

       (c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

       (d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

       (e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

       It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

       (6) The state auditor shall:

       (a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

       (b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

       (c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.

       (d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken ((promptly)) within six months, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110. The director of financial management shall annually report by December 31st the status of audit resolution to the appropriate committees of the legislature, the state auditor, and the attorney general. The director of financial management shall include in the audit resolution report actions taken as a result of an audit including, but not limited to, types of personnel actions, costs and types of litigation, and value of recouped goods or services.

       (e) Promptly report any irregularities to the attorney general.

       (f) Investigate improper governmental activity under chapter 42.40 RCW.

       (7) The joint legislative audit and review committee may:

       (a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in chapter 44.28 RCW as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

       (b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

       (c) Make a report to the legislature which shall include at least the following:

       (i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

       (ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management."


MOTIONS


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

       On page 1, line 1 of the title, after "reports;" strike the remainder of the title and insert "and amending RCW 43.88.160."

      On motion of Senator West, the rules were suspended, House Bill No. 1835, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1835, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1835, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 6; Excused, 0.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.      Absent: Senators Bauer, Benton, Hochstatter, Horn, McAuliffe and Newhouse - 6.            HOUSE BILL NO. 1835, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1971, by House Committee on Appropriations (originally sponsored by Representatives Bush, Lambert, Carrell, Talcott, Johnson, Hickel, Cody, Linville, Mitchell, Delvin, Mulliken, Veloria, Zellinsky, Thompson, Smith, Tokuda, Koster, Sherstad, Cole, Mastin, D. Schmidt and Backlund)

 

Preventing double payment for insurance benefits for teachers who are legislators.


      The bill was read the second time.

MOTION


      On motion of Senator West, the rules were suspended, Substitute House Bill No. 1971 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Franklin, Senator Loveland was excused.

      On motion of Senator McCaslin, Senators Horn and Newhouse were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1971.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1971 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.                    Absent: Senators Deccio and McDonald - 2.    Excused: Senators Horn, Loveland and Newhouse - 3.         SUBSTITUTE HOUSE BILL NO. 1971, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2309, by Representatives Thompson and Dunshee (by request of Department of Revenue)

 

Revising notification of denial of property tax exemption.


      The bill was read the second time.


MOTION


      On motion of Senator West, the rules were suspended, House Bill No. 2309 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Hale, Senators Deccio, Hochstatter and Strannigan were excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2309.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2309 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

      Voting yea: Senators Anderson, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.      Absent: Senators Bauer and McAuliffe - 2.          Excused: Senators Deccio, Hochstatter, Horn, Newhouse and Strannigan - 5.      HOUSE BILL NO. 2309, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTIONS


      On motion of Senator Tim Sheldon, Senator McAuliffe was excused.

      On motion of Senator Loveland, Senator Bauer was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1126, by House Committee on Finance (originally sponsored by Representatives Mastin, Sump, Boldt, Doumit, Hatfield, McMorris, Kessler, Sheahan, Sheldon, Mulliken, Grant, Chandler, O'Brien, Conway, Wood, Cooper, Murray and Morris)

 

Providing for 911 emergency communications funding.


      The bill was read the second time.


MOTION

 

`     On motion of Senator West, the following Committee on Ways and Means amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that:

       (1) The state enhanced 911 excise tax imposed at the current rate of twenty cents per switched access line per month generates adequate tax revenues to enhance the 911 telephone system for switched access lines state-wide by December 31, 1998, as mandated in RCW 38.52.510;

       (2) The tax revenues generated from the state enhanced 911 excise tax when the tax rate decreases to a maximum of ten cents per switched access line on January 1, 1999, will not be adequate to fund the long-term operation and equipment replacement costs for the enhanced 911 telephone systems in the counties or multicounty regions that receive financial assistance from the state enhanced 911 office;

       (3) Some counties or multicounty regions will need financial assistance from the state enhanced 911 office to implement and maintain enhanced 911 because the tax revenue generated from the county enhanced 911 excise tax is not adequate;

       (4) Counties with populations of less than seventy-five thousand will need salary assistance to create multicounty regions and counties with populations of seventy-five thousand or more, if requested by smaller counties, will need technical assistance and incentives to provide multicounty services; and

       (5) Counties should not request state financial assistance for implementation and maintenance of enhanced 911 for switched access lines unless the county has imposed the maximum enhanced 911 tax authorized in RCW 82.14B.030.

       Sec. 2. RCW 82.14B.030 and 1994 c 96 s 3 are each amended to read as follows:

       (1) The legislative authority of a county may impose a county enhanced 911 excise tax on the use of switched access lines in an amount not exceeding fifty cents per month for each switched access line. The amount of tax shall be uniform for each switched access line. Each county shall provide notice of such tax to all local exchange companies serving in the county at least sixty days in advance of the date on which the first payment is due.

       (2) The legislative authority of a county may also impose a county 911 excise tax on the use of radio access lines located within the county in an amount not exceeding twenty-five cents per month for each radio access line. The amount of tax shall be uniform for each radio access line. The county shall provide notice of such tax to all radio communications service companies serving in the county at least sixty days in advance of the date on which the first payment is due. Any county imposing this tax shall include in its ordinance a refund mechanism whereby the amount of any tax ordered to be refunded by the judgment of a court of record, or as a result of the resolution of any appeal therefrom, shall be refunded to the radio communications service company or local exchange company that collected the tax, and those companies shall reimburse the users who paid the tax. The ordinance shall further provide that to the extent the users who paid the tax cannot be identified or located, the tax paid by those users shall be returned to the county.

       (3) ((Beginning January 1, 1992,)) A state enhanced 911 excise tax is imposed on all switched access lines in the state. ((For 1992, the tax shall be set at a rate of twenty cents per month for each switched access line. Until December 31, 1998,)) The amount of tax shall not exceed twenty cents per month for each switched access line ((and thereafter shall not exceed ten cents per month for each switched access line)). The tax shall be uniform for each switched access line. The tax imposed under this subsection shall be remitted to the state treasurer by local exchange companies on a tax return provided by the department within thirty days after the end of the month in which the tax was collected. A local exchange company that serves less than two percent of the access lines in the state of Washington may remit the tax to the state treasurer thirty days after the last day of the calendar quarter in which the tax was due to the local exchange company. Tax proceeds shall be deposited by the treasurer in the enhanced 911 account created in RCW 38.52.540.

       (4) By August 31st of each year the state enhanced 911 coordinator shall recommend the level for the next year of the state enhanced 911 excise tax, based on a systematic cost and revenue analysis, to the utilities and transportation commission. The commission shall by the following October 31st determine the level of the state enhanced 911 excise tax for the following year.

       Sec. 3. RCW 38.52.540 and 1994 c 96 s 7 are each amended to read as follows:

       The enhanced 911 account is created in the state treasury. All receipts from the state enhanced 911 excise tax imposed by RCW 82.14B.030 shall be deposited into the account. Moneys in the account shall be used only to help implement and operate enhanced 911 state-wide((, and to conduct a study of the tax base and rate for the 911 excise tax)). Moneys in the account may be used to provide salary assistance on a temporary basis not to exceed three years to counties with a population of less than seventy-five thousand that need additional resources to cover unfunded costs that can be shown to result from handling 911 calls. Moneys in the account may be used to assist multicounty regions, including ongoing salary assistance for multicounty regions consisting of counties with populations of less than seventy-five thousand. However, funds shall not be distributed to any county that has not imposed the maximum county enhanced 911 taxes allowed under RCW 82.14B.030 (1) and (2). The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, shall specify by rule the purposes for which moneys may be expended from this account.

       NEW SECTION. Sec. 4. This act takes effect July 1, 1998."


MOTIONS


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

      On page 1, line 3 of the title, after "funding;" strike the remainder of the title and insert "amending RCW 82.14B.030 and 38.52.540; creating a new section; and providing an effective date."

      On motion of Senator West, the rules were suspended, Substitute House Bill No. 1126, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1126, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1126, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.  Excused: Senators Bauer, Hochstatter, Horn and McAuliffe - 4.          SUBSTITUTE HOUSE BILL NO. 1126, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1297, by Representatives DeBolt, Sheahan, Ballasiotes, Costa, Benson, McMorris, Thompson, Lambert, Radcliff, K. Schmidt, Mitchell, Sherstad, Robertson, Pennington, Hickel, Kastama, Sullivan, Sump, Sheldon, Delvin, Cooke, Morris, Wensman, Mason and Mielke

 

Including the existence of a no contact order as an aggravating circumstance in first degree murder.


      The bill was read the second time.


MOTION


      Senator Roach moved that the following Committee on Law and Justice amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 10.95.020 and 1995 c 129 s 17 and 1994 c 121 s 3 are each reenacted and amended to read as follows:

       A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:

       (1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;

       (2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;

       (3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;

       (4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;

       (5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;

       (6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;

       (7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;

       (8) The victim was:

       (a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and

       (b) The murder was related to the exercise of official duties performed or to be performed by the victim;

       (9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;

       (10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;

       (11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:

       (a) Robbery in the first or second degree;

       (b) Rape in the first or second degree;

       (c) Burglary in the first or second degree or residential burglary;

       (d) Kidnapping in the first degree; or

       (e) Arson in the first degree;

       (12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;

       (13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;

       (14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:

       (a) Harassment as defined in RCW 9A.46.020; or

       (b) Any criminal assault."

MOTION


      Senator Fairley moved that the following amendment to the Committee on Law and Justice striking amendment be adopted:

      On page 2, beginning on line 33 of the amendment, after "person" strike all material through "resulted:" on line 36, and insert "had previously been convicted three or more times of any of the following crimes committed upon the victim within a five-year period:"

      Debate ensued.


POINT OF INQUIRY


      Senator Fairley: “Senator Roach, are you aware that this section--section 14--there is no protection order involved, there is no court order involved? This is a completely separate section that deals with only having three incidences in which you have either pushed or shoved--it could be as little as that involved?”

      Senator Roach: “What I am aware of, Senator Fairley, is that this particular amendment, according to the affect statement which I know that you have in front of you, says, 'three or more prior convictions for specified crimes against the same victim is an aggravating circumstance.' The way the bill is right now, you don't have to have those three prior convictions. The adding of this amendment would dilute the whole essence of the bill.”

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 2, beginning on line 33, to the Committee on Law and Justice striking amendment to House Bill No. 1297.

      The motion by Senator Fairley failed and the amendment to the committee striking amendment was not adopted.


      The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment to House Bill No. 1297.

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


MOTIONS


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

       On page 1, line 2 of the title, after "murder;" strike the remainder of the title and insert "reenacting and amending RCW 10.95.020; and prescribing penalties."

      On motion of Senator Roach, the rules were suspended, House Bill No. 1297, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1297, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1297, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 37.     Voting nay: Senators Brown, Fairley, Heavey, Jacobsen, Kline, Kohl, Prentice, Sheldon, B., Spanel, Thibaudeau and Wojahn - 11.                  Excused: Senator McAuliffe - 1.           HOUSE BILL NO. 1297, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection the Senate resumed consideration of Substitute House Bill No. 1043 and the pending amendment by Senator Fairley on page 2, after line 16, to the Committee on Law and Justice striking amendment, deferred after the demand for a roll call had been sustained on March 3, 1998.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Fairley on page 2, after line 16, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1043.

      Debate ensued.


ROLL CALL


      The Secretary called the roll and the amendment to the committee striking amendment was adopted by the following vote: Yeas, 44; Nays, 2; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McCaslin, McDonald, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.  Voting nay: Senators Morton and West - 2.          Absent: Senators Loveland and Sellar - 2.             Excused: Senator McAuliffe - 1.

MOTION


      Senator Thibaudeau moved that the following amendment by Senators Thibaudeau and Kohl to the Committee on Law and Justice striking amendment be adopted:

       On page 2, after line 16 of the amendment, insert the following:

       "(3) Section 2 of this act does not apply to local ordinances dealing with landlord-tenant relations for houseboats, floating homes, or floating home docks."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Thibaudeau and Kohl to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1043.

      The motion by Senator Thibaudeau carried and the amendment to the committee striking amendment was adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Substitute House Bill No. 1043.

      The motion by Senator Roach carried and the committee striking amendment, as amended, was adopted.


MOTIONS


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

       On page 1, line 2 of the title, after "duties;" strike the remainder of the title and insert "adding new sections to chapter 59.18 RCW; and creating a new section."

      On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1043, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Hale, Senator Horn was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1043, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1043, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, T., Stevens, Strannigan, Swecker, West and Zarelli - 30.    Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl, McAuliffe, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau, Winsley, Wojahn and Wood - 16.            Absent: Senator Sellar - 1.     Excused: Senators Horn and Loveland - 2. SUBSTITUTE HOUSE BILL NO. 1043, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1230, by House Committee on Education (originally sponsored by Representatives Backlund, Johnson, Lambert, Carrell, Sherstad, D. Schmidt, Thompson, Boldt and Pennington)

 

Protecting students' religious rights.


      The bill was read the second time.

MOTION


      Senator McAuliffe moved that the following amendment be adopted:

       On page 1, after line 17, strike all the material down to and including "school." on page 2, line 33, and insert "Each year each school district shall inform each student, parent, and certificated employee in the district about the district's policies protecting students' rights to freedom of religion and the right to have their schools free from sectarian control or influence."

      Debate ensued

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McAuliffe on page 1, after line 17, to Engrossed Substitute House Bill No. 1230.


ROLL CALL


      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 22.                 Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.         Excused: Senator Horn - 1.

MOTION


      On motion of Senator Hochstatter, the rules were suspended, Engrossed Substitute House Bill No. 1230 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Patterson: “Senator Hochstatter, I am generally supportive of the legislation, but there is a part of the legislation that I don't completely understand. May I have permission, Mr. President, to read from the bill?”

      President Owen: “With permission of the body, you may read.”

      Senator Patterson: “Senator Hochstatter, it says that no employee of the school district may prompt students to express religious opinions. and this is on page 2, lines 24 through 27. I simply would like to know what the intent of that language is. I would like to know-- does this mean that, for instance a teacher, does it mean that a teacher can't ask a question about whether or not the provisions in the Declaration of Independence, which speak of God-given unalienable rights are appropriate? Would a teacher be able to engage a class in a discussion like that about the appropriateness of the God-given unalienable rights as stated in the Declaration of Independence? Would the teacher be censored from engaging a class in a discussion about that--if this legislation should pass?”

      Senator Hochstatter: “Thank you, Senator Patterson. No ,they would not. What happened--this arose because a child's rights were impaired by a teacher. In cases, generally, it is the parent that transmits or the adult that transmits against the student. The object of the bill is to allow the student the broadest expression without adult interference. Thank you.”

      Further debate ensued.


POINT OF INQUIRY


      Senator Heavey: “Senator Hochstatter, on the news a few years ago, there was a young boy, I think from North Carolina, who stood out on the school grounds pounding the bible and yelling, that all the kids were going to go to hell. Then he would do it in the classroom. Would this bill keep a disruptive student in school if he was expressing religions beliefs?”

      Senator Hochstatter: “Senator Heavey, not being a lawyer, I think this disruptive behavior is not condoned in this bill.”

      Senator Heavey: “But, parts of this bill say you cannot penalize a student for expressing religious beliefs. If they are expressing their

religious beliefs, but if they are standing up and disrupting the classroom, could they be penalized--would this prevent them from being penalized?” 

      Senator Hochstatter: “Senator Heavey, I don't have the strict definition that a lawyer may have, but if your religious belief is to paint graffiti, for example, that is specifically expressed by the law. I don't think there would be any problem whatsoever in prohibiting that kind of behavior or any other kind of destructive, abusive or disruptive behavior.”

      Senator Heavey: “So, under this bill, a child could still be reprimanded--kicked out of school--if they were being extremely disruptive, even though the disruption was preaching in class?”

      Senator Hochstatter: “Thank you.”

      Senator Heavey: “Is that correct?”

      Senator Rasmussen asked Senator Hochstatter to yield to a question and Senator Hochstatter would not yield.

      Further debate ensued.


MOTION


      On motion of Senator Johnson, further consideration of Engrossed Substitute House Bill No. 1230 was deferred.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2791, by Representatives Schoesler, Doumit, Sheahan, Ballasiotes, Radcliff, Sump, Sullivan, Mielke, Buck, Alexander, Boldt, Sterk, Crouse, Smith, Van Luven, Hickel, Koster, Mulliken, Johnson, Wensman, D. Sommers, Backlund and DeBolt

 

Fighting methamphetamine.


      The bill was read the second time.

MOTION


      Senator Roach moved that the following Committee on Law and Justice amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. 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, 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) Manufacture or possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine in or near a residence in which a minor or a pregnant woman resides;

       (n) Promoting prostitution in the first degree;

       (((n))) (o) Rape in the third degree;

       (((o))) (p) Robbery in the second degree;

       (((p))) (q) Sexual exploitation;

       (((q))) (r) Vehicular assault;

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

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

       (((u))) (v) 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))) (w)(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. 2. RCW 70.105D.070 and 1997 c 406 s 5 are each amended to read as follows:

       (1) The state toxics control account and the local toxics control account are hereby created in the state treasury.

       (2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature. Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:

       (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;

       (ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;

       (iii) The hazardous waste cleanup program required under this chapter;

       (iv) State matching funds required under the federal cleanup law;

       (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;

       (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;

       (vii) Hazardous materials emergency response training;

       (viii) Water and environmental health protection and monitoring programs;

       (ix) Programs authorized under chapter 70.146 RCW;

       (x) A public participation program, including regional citizen advisory committees;

       (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and

       (xii) Development and demonstration of alternative management technologies designed to carry out the top two hazardous waste management priorities of RCW 70.105.150.

       (3) The following moneys shall be deposited into the local toxics control account: Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.

       (a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority: (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; ((and)) (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW; and (iv) funds for a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such sites, consistent with the responsibilities and intent of RCW 69.50.511. Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW.

       (b) Funds may also be appropriated to the department of health to implement programs to reduce testing requirements under the federal safe drinking water act for public water systems. The department of health shall reimburse the account from fees assessed under RCW 70.119A.115 by June 30, 1995.

       (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.

       (5) One percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.

       (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.

       (7) The department shall adopt rules for grant or loan issuance and performance."


MOTION


      Senator Loveland moved that the following amendment to the Committee on Law and Justice striking amendment be adopted:

       On page 12, after line 21, insert the following:

       "NEW SECTION. Sec. 3. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."

      Debate ensued.

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

      Further debate ensued.


MOTION


      There being no objection, on motion of Senator Betti Sheldon, the demand for a roll call was withdrawn.


      The President declared the question before the Senate to be the adoption of the amendment by Senator Loveland on page 12, after line 21, to the Committee on Law and Justice striking amendment to Engrossed House Bill No. 2791.

      The motion by Senator Loveland carried and the amendment to the committee striking amendment was adopted.

      The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Engrossed House Bill No. 2791.

      The motion by Senator Roach carried and the Committee on Law and Justice striking amendment, as amended, was adopted.

 

MOTIONS


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

       On line 1 of the title, after "methamphetamine;" strike the remainder of the title and insert "amending RCW 70.105D.070; and reenacting and amending RCW 9.94A.030."

       On page 12, on line 27 of the title amendment, after "030" insert "; and creating a new section"

      On motion of Senator Roach, the rules were suspended, Engrossed House Bill No. 2791, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2791, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2791, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 38.    Voting nay: Senators Brown, Fairley, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Prentice, Thibaudeau and Wojahn - 10.                  Excused: Senator Horn - 1.    ENGROSSED HOUSE BILL NO. 2791, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.'


SECOND READING


      HOUSE BILL NO. 2355, by Representatives Alexander, Ogden, Lantz, Anderson and Conway (by request of Parks and Recreation Commission)

 

Managing state park lands.


      The bill was read the second time.

MOTION


      On motion of Senator Oke, the rules were suspended, House Bill No. 2355 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2355.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2355 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 4; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45. Absent: Senators Hargrove, Hochstatter, Sheldon, T. and Wood - 4.               HOUSE BILL NO. 2355, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      Vice President Pro Tempore Morton assumed the Chair.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2368, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Carlson, Kenney, Radcliff, Gardner, Anderson, Constantine and Mason)

 

Requiring sex offenders and kidnappers on college campuses to register with campus security.


      The bill was read the second time.

MOTION


      Senator Long moved that the following Committee on Human Services and Corrections amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9A.44.130 and 1997 c 340 s 3 and 1997 c 113 s 3 are each reenacted and amended to read as follows:

       (1) Any adult or juvenile residing in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence. In addition, any such adult or juvenile who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution. Persons required to register under this section who are enrolled in a public or private institution of higher education on the effective date of this act must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.

       (2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.

       (3) The person shall provide the county sheriff with the following information when registering: (a) Name; (b) address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) aliases used; and (h) social security number.

       (((3))) (4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:

       (i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (((7))) (8) of this section.

       (ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a




local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (((3))) (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

       (iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (((3))) (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

       (iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.

       (v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

       (vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (((7))) (8) of this section.

       (b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (((7))) (8) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

       (c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

       (d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

       (((4))) (5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff at least fourteen days before moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state.

       (b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.

       (((5))) (6) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.

       (((6))) (7) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:

       (a) "Sex offense" means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.040 (sexual exploitation of a minor), 9.68A.050 (dealing in depictions of minor engaged in sexually explicit conduct), 9.68A.060 (sending, bringing into state depictions of minor engaged in sexually explicit conduct), 9.68A.090 (communication with minor for immoral purposes), 9.68A.100 (patronizing juvenile prostitute), or 9A.44.096 (sexual misconduct with a minor in the second degree), as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.

       (b) "Kidnapping offense" means the crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent.

       (((7))) (8) A person who knowingly fails to register with the county sheriff or ((who moves without notifying)) notify the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.

       NEW SECTION. Sec. 2. A new section is added to chapter 9A.44 RCW to read as follows:

       The state patrol shall notify registered sex and kidnapping offenders of any change to the registration requirements."

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment to Substitute House Bill No. 2368.

      The motion by Senator Long carried and the committee striking amendment was adopted



MOTIONS


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

       On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "reenacting and amending RCW 9A.44.130; and adding a new section to chapter 9A.44 RCW."

      On motion of Senator Long, the rules were suspended, Substitute House Bill No. 2368, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2368, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2368, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.    Absent: Senators Johnson and Patterson - 2.         SUBSTITUTE HOUSE BILL NO. 2368, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senators Johnson and West were excused.


SECOND READING


      HOUSE BILL NO. 2402, by Representatives Sheahan, Lambert, Hatfield, Thompson, McDonald and Dunn

 

Authorizing the use of electronic copies for preservation of court record.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, House Bill No. 2402 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2402.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2402 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

       Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47.

       Excused: Senators Johnson and West - 2.     HOUSE BILL NO. 2402, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION


      On motion of Senator Hale, Senator McCaslin was excused.


SECOND READING


      HOUSE BILL NO. 2429, by Representatives Huff, H. Sommers, Carlson, Wolfe and L. Thomas (by request of State Investment Board)

 

Providing for the operation of the state investment board.


      The bill was read the second time.

MOTION


      On motion of Senator Winsley, the rules were suspended, House Bill No. 2429 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2429.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2429 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47.    Excused: Senators McCaslin and West - 2.           HOUSE BILL NO. 2429, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Swecker, Senator McDonald was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2452, by House Committee on Health Care (originally sponsored by Representatives Backlund, Cody, Parlette, Kastama, DeBolt, Dyer, Lambert, Koster, Sherstad, Benson, Anderson and Zellinsky)

 

Defining medication assistance in community-based settings.


      The bill was read the second time.

MOTION


      On motion of Senator Strannigan, the rules were suspended, Substitute House Bill No. 2452 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2452.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2452 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.   Absent: Senator Horn - 1.      Excused: Senators McCaslin, McDonald and West - 3.        SUBSTITUTE HOUSE BILL NO. 2452, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2477, by House Committee on Commerce and Labor (originally sponsored by Representatives Schoesler, McMorris, Chandler, Mulliken, Sump, Honeyford and Sheahan)

 

Adding theatrical agencies to definition of employment agency.


      The bill was read the second time.

MOTION


      On motion of Senator Schow, the following Committee on Commerce and Labor amendment was adopted:

       On page 2, line 1, before "organization" strike "theatrical agency,"


MOTION


      On motion of Senator Schow, the rules were suspended, Engrossed Substitute House Bill No. 2477, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Sellar, Senator Horn was excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2477, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2477, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senator Benton - 1.              Excused: Senators Horn, McCaslin, McDonald and West - 4.              ENGROSSED SUBSTITUTE HOUSE BILL NO. 2477, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Swecker, Senator Benton was excused.


SECOND READING


      HOUSE BILL NO. 2503, by Representatives Robertson, Sullivan and Carrell

 

Authorizing consideration of the income level of customers when setting rates and charges for a storm water control facility.


      The bill was read the second time.


MOTION


      On motion of Senator Finkbeiner, the following Committee on Energy and Utilities amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 36.89.080 and 1995 c 124 s 1 are each amended to read as follows:

       Any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any storm water control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the county legislative authority may in its discretion consider: (1) Services furnished or to be furnished; (2) benefits received or to be received; (3) the character and use of land or its water runoff characteristics; (4) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; ((or)) (5) income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or (6) any other matters which present a reasonable difference as a ground for distinction. The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose."


MOTIONS


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

       On page 1, beginning on line 1 of the title, after "facilities;" strike the remainder of the title and insert "and amending RCW 36.89.080."

      On motion of Senator Finkbeiner, the rules were suspended, House Bill No. 2503, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2503, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2503, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senator McAuliffe - 1.             Excused: Senators Benton, Horn, McCaslin, McDonald and West - 5.                HOUSE BILL NO. 2503, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Owen assumed the Chair.


MOTION


      On motion of Senator Hale, Senator Schow was excused.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752, by House Committee on Energy and Utilities (originally sponsored by Representatives Bush, Crouse, Gardner, Cairnes, Dyer, Mulliken, Morris, Linville, Reams, Romero, Smith, McDonald, Ogden, Dickerson, Butler, O'Brien, Ballasiotes, Talcott and Appelwick) (by request of Attorney General Gregoire)

 

Prohibiting unsolicited electronic mail.


      The bill was read the second time.


MOTION


      Senator Jacobsen moved that the following amendments be considered simultaneously and be adopted:

      On page 4, line 22, strike "three" and insert "five"

       On page 4, line 27, after "representatives;" strike "and" and insert "(b) Two members of the senate, one from each of the two largest caucuses, each member being a member of the senate energy and utilities committee, appointed by the president; and"

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

       On page 5, line 2, after "research" insert "and senate committee services"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Jacobsen on page 4, lines 22 and 27, and page 5, line 2, to Engrossed Substitute House Bill No. 2752.

      The motion by Senator Jacobsen carried and the amendments were adopted.


MOTION


      On motion of Senator Finkbeiner, the rules were suspended, Engrossed Substitute House Bill No. 2752, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2752, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2752, as amended by the Senate, and the bill passed the Senate by the following vote Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 42.      Absent: Senators Newhouse and Sellar - 2.           Excused: Senators Horn, McCaslin, McDonald, Schow and West - 5.      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2550, by Representatives L. Thomas and Wolfe (by request of Insurance Commissioner Senn)

 

Regulating the charitable gift annuity business.


      The bill was read the second time.

MOTION


      On motion of Senator Winsley, the following Committee on Financial Institutions, Insurance and Housing amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 48.38.010 and 1979 c 130 s 6 are each amended to read as follows:

       The commissioner may grant a certificate of exemption to any insurer or educational, religious, charitable, or scientific institution conducting a charitable gift annuity business:

       (1) Which is organized and operated exclusively as, or for the purpose of aiding, an educational, religious, charitable, or scientific institution which is organized as a nonprofit organization without profit to any person, firm, partnership, association, corporation, or other entity;

       (2) Which possesses a current tax exempt status under the laws of the United States;

       (3) Which serves such purpose by issuing charitable gift annuity contracts only for the benefit of such educational, religious, charitable, or scientific institution;

       (4) Which appoints the insurance commissioner as its true and lawful attorney upon whom may be served lawful process in any action, suit, or proceeding in any court, which appointment shall be irrevocable, shall bind the insurer or institution or any successor in interest, shall remain in effect as long as there is in force in this state any contract made or issued by the insurer or institution, or any obligation arising therefrom, and shall be processed in accordance with RCW 48.05.210;

       (5) Which is fully and legally organized and qualified to do business and has been actively doing business under the laws of the state of its domicile for a period of at least three years prior to its application for a certificate of exemption;

       (6) Which has and maintains minimum unrestricted net assets of five hundred thousand dollars. "Unrestricted net assets" means the excess of total assets over total liabilities that are neither permanently restricted nor temporarily restricted by donor-imposed stipulations;

       (7) Which files with the insurance commissioner its application for a certificate of exemption showing:

       (a) Its name, location, and organization date;

       (b) The kinds of charitable annuities it proposes to offer;

       (c) A statement of the financial condition, management, and affairs of the organization and any affiliate thereof, as that term is defined in RCW ((48.31A.010)) 48.31B.005, on a form satisfactory to, or furnished by the insurance commissioner;

       (d) Such other documents, stipulations, or information as the insurance commissioner may reasonably require to evidence compliance with the provisions of this chapter;

       (((7))) (8) Which subjects itself and any affiliate thereof, as that term is defined in RCW ((48.31A.010)) 48.31B.005, to periodic examinations conducted under chapter 48.03 RCW as may be deemed necessary by the insurance commissioner;

       (((8))) (9) Which files with the insurance commissioner for the commissioner's advance approval a copy of any policy or contract form to be offered or issued to residents of this state. The grounds for disapproval of the policy or contract form shall be those set forth in RCW 48.18.110; and

       (((9))) (10) Which:

       (a) Files with the insurance commissioner on or before March 1 of each year a copy of its annual statement prepared pursuant to the laws of its state of domicile, as well as such other financial material as may be requested, including the annual statement or other such financial materials as may be requested relating to any affiliate, as that term is defined in RCW ((48.31A.010)) 48.31B.005; and

       (b) Coincident with the filing of its annual statement, pays an annual filing fee of twenty-five dollars plus five dollars for each charitable gift annuity contract written for residents of this state during the previous calendar year; and

       (c) Which includes on or attaches to the first page of the annual statement the statement of a qualified actuary setting forth the actuary's opinion relating to annuity reserves and other actuarial items. "Qualified actuary" as used in this subsection means a member in good standing of the American academy of actuaries or a person who has otherwise demonstrated actuarial competence to the satisfaction of the insurance regulatory official of the domiciliary state.

       Sec. 2. RCW 48.38.020 and 1979 c 130 s 7 are each amended to read as follows:

       (1) Upon granting to such insurer or institution under RCW 48.38.010 a certificate of exemption to conduct a charitable gift annuity business, the insurance commissioner shall require it to establish and maintain a ((reserve)) separate reserve fund adequate to meet the future payments under its charitable gift annuity contracts ((and, in any event, the reserve fund shall)).

       (2) The assets of the separate reserve fund:

       (a) Shall be held legally and physically segregated from the other assets of the certificate of exemption holder;

       (b) Shall be invested in the same manner that persons of reasonable prudence, discretion, and intelligence exercise in the management of a like enterprise, not in regard to speculating but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Investments shall be of sufficient value, liquidity, and diversity to assure the insurer or institution's ability to meet its outstanding obligations; and

       (c) Shall not be liable for any debts of the insurer or institution holding a certificate of exemption under this chapter, other than those incurred pursuant to the issuance of charitable gift annuities.

       (3) The amount of the separate reserve fund shall be:

       (a) For contracts issued prior to July 1, 1998, not ((be)) less than an amount computed in accordance with the standard of valuation based on the 1971 individual annuity mortality table((, or any modification of this table approved by the insurance commissioner,)) with six percent interest for single premium immediate annuity contracts and four percent interest for all other individual annuity contracts;

       (b) For contracts issued on or after July 1, 1998, in an amount not less than the aggregate reserves calculated according to the standards set forth in RCW 48.74.030 for other annuities with no cash settlement options;

       (c) Plus a surplus of ten percent of the combined amounts under (a) and (b) of this subsection.

       (4) The general assets of the insurer or institution holding a certificate of exemption under this chapter shall be liable for the payment of annuities to the extent that the separate reserve fund is inadequate.

       (((2))) (5) For any failure on its part to establish and maintain the ((reserve)) separate reserve fund, the insurance commissioner shall revoke its certificate of exemption.

       Sec. 3. RCW 48.38.040 and 1979 c 130 s 9 are each amended to read as follows:

       (1) An insurer or institution holding a certificate of exemption under this chapter shall be exempt from all other provisions of this title except as specifically enumerated in this chapter by reference.

       (2) An insurer or institution holding a certificate of exemption under this chapter is subject to chapter 48.31 RCW.

       Sec. 4. RCW 48.38.050 and 1979 c 130 s 10 are each amended to read as follows:

       (1) The insurance commissioner may refuse to grant, or may revoke or suspend, a certificate of exemption if the insurance commissioner finds that the insurer or institution does not meet the requirements of this chapter or if the insurance commissioner finds that the insurer or institution has violated RCW 48.01.030 or any provisions of chapter 48.30 RCW or is found by the insurance commissioner to be in such condition that its further issuance of charitable gift annuities would be hazardous to annuity contract holders and the people of this state.

       (2) After hearing or with the consent of the insurer or institution and in addition to or in lieu of the suspension, revocation, or refusal to renew any certificate of exemption, the commissioner may levy a fine upon the insurer or institution in an amount not more than ten thousand dollars. The order levying such a fine shall specify the period within which the fine shall be fully paid and which period shall not be less than fifteen nor more than thirty days from the date of the order. Upon failure to pay such a fine when due the commissioner shall revoke the certificate of exemption of the insurer or institution if not already revoked, and the fine shall be recovered in a civil action brought in behalf of the commissioner by the attorney general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the general fund.

       NEW SECTION. Sec. 5. A new section is added to chapter 48.38 RCW to read as follows:

       An insurer or institution holding a certificate of exemption to issue charitable gift annuities under this chapter shall not transact or be authorized to transact a variable annuity business as described in chapter 48.18A RCW.

       NEW SECTION. Sec. 6. A new section is added to chapter 48.38 RCW to read as follows:

       The commissioner may adopt rules to implement and administer this chapter.

       NEW SECTION. Sec. 7. A new section is added to chapter 48.38 RCW to read as follows:

       After June 30, 1998, an insurer or institution which does not have the minimum unrestricted net assets required by RCW 48.38.010(6) may not issue any new charitable gift annuities until the insurer or institution has and maintains the minimum unrestricted net assets required by RCW 48.38.010(6).

       Sec. 8. RCW 48.31.020 and 1989 c 151 s 1 are each amended to read as follows:

       For the purposes of this chapter, other than as to RCW 48.31.010, and in addition to persons included under RCW ((48.31.110)) 48.99.010, the term "insurer" shall be deemed to include an insurer authorized under chapter 48.05 RCW, an insurer or institution holding a certificate of exemption under RCW 48.38.010, a health care service contractor registered under chapter 48.44 RCW, and a health maintenance organization registered under chapter 48.46 RCW, as well as all persons engaged as, or purporting to be engaged as insurers, institutions issuing charitable gift annuities, health care service contractors, or health maintenance organizations in this state, and to persons in process of organization to become insurers, institutions issuing charitable gift annuities, health care service contractors, or health maintenance organizations."

MOTIONS


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

       On page 1, line 2 of the title, after "business;" strike the remainder of the title and insert "amending RCW 48.38.010, 48.38.020, 48.38.040, 48.38.050, and 48.31.020; and adding new sections to chapter 48.38 RCW."

      On motion of Senator Winsley, the rules were suspended, House Bill No. 2550, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Swecker, Senator Sellar was excused.

      On motion of Senator Franklin, Senator Thibaudeau was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2550, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2550, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Winsley, Wojahn, Wood and Zarelli - 42.      Excused: Senators Horn, McCaslin, McDonald, Schow, Sellar, Thibaudeau and West - 7.                 HOUSE BILL NO. 2550, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Franklin, Senators Loveland and Betti Sheldon were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2680, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas and Wolfe)

 

Clarifying the definition of capitalized cost for purposes of the consumer leasing act.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 2680 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2680.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2680 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 41.      Excused: Senators Horn, Loveland, McCaslin, McDonald, Schow, Sellar, Sheldon, B. and West - 8.                SUBSTITUTE HOUSE BILL NO. 2680, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2663, by Representative Crouse (by request of Utilities and transportation Commission)

 

Requiring companies that seek to contract with an affiliated interest to file with the utilities and transportation commission.


      The bill was read the second time.

MOTION


      On motion of Senator Finkbeiner, the rules were suspended, House Bill No. 2663 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2663.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2663 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 42.      Absent: Senator Oke - 1.       Excused: Senators Horn, McCaslin, McDonald, Sellar, Sheldon, B. and West - 6.              HOUSE BILL NO. 2663, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2628, by Representatives Schoesler, Quall, Costa, O'Brien, Dunshee, Ballasiotes, Dyer, Thompson, Wolfe and Lambert (by request of Governor Locke)

 

Increasing the penalty for manufacture of methamphetamine.


      The bill was read the second time.


MOTION


      On motion of Senator Roach, the rules were suspended, House Bill No. 2628 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2628.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2628 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.                    Absent: Senator Oke - 1.  Excused: Senators Horn, McCaslin, Sellar, Sheldon, B. and West - 5.                 HOUSE BILL NO. 2628, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senator Oke was excused.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2707, by Representatives Backlund, Quall, Dickerson, Koster, O'Brien, Scott, Sullivan, Lambert, Cairnes, Wood, McDonald, Sherstad, Mulliken, Kessler, Ogden, Cooke, Conway, Anderson, Dunshee, Gardner, Ballasiotes and Dunn

 

Prohibiting sex offenders in inmate work programs from obtaining private individuals' names.


      The bill was read the second time.

MOTION


      On motion of Senator Long, the rules were suspended, Engrossed House Bill No. 2707 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2707.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2707 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.   Absent: Senator Hargrove - 1.               Excused: Senators Horn, Oke and Sheldon, B. - 3.      ENGROSSED HOUSE BILL NO. 2707, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2710, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and Honeyford)

 

Changing irrigation district administration.


      The bill was read the second time.

MOTION


      Senator Morton moved that the following Committee on Agriculture and Environment amendment not be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 87.03.845 and 1993 c 235 s 2 are each amended to read as follows:

       This section and RCW 87.03.847 through 87.03.855 provide the procedures by which a minor irrigation district may be merged into a major irrigation district as authorized by RCW 87.03.530(2).

       To institute proceedings for such a merger, the board of directors of the minor district shall adopt a resolution requesting the board of directors of the major district to consider the merger, or proceedings for such a merger may be instituted by a petition requesting the board of directors of the major district to consider the merger, signed by ten owners of land within the minor district or five percent of the total number of landowners within the minor district, whichever is greater. However, if there are fewer than twenty owners of land within the minor irrigation district, the petition shall be signed by a majority of the landowners and filed with the board of directors of the major irrigation district.

       The board of directors of the major irrigation district shall consider the request at the next regularly scheduled meeting of the board of directors of the major district following its receipt of the minor district's request or at a special meeting called for the purpose of considering the request. If the board of the major district denies the request of the minor district, no further action on the request shall be taken.

       If the board of the major district does not deny the request, it shall conduct a public hearing on the request and shall give notice regarding the hearing. The notice shall describe the proposed merger and shall be published once a week for two consecutive weeks preceding the date of the hearing and the last publication shall be not more than seven days before the date of the hearing. The notice shall contain a statement that unless the holders of title or evidence of title to at least twenty percent of the assessed lands within the major district file a protest opposing the merger with the board of the major district at or before the hearing, the board is free to approve the request for the merger without an election being conducted in the major district on the request. If the board of the major district is considering requests from more than one minor district, the hearing shall be conducted on all such requests.

       Sec. 2. RCW 87.80.130 and 1996 c 320 s 11 are each amended to read as follows:

       (1) A board of joint control created under the provisions of this chapter shall have full authority within its area of jurisdiction to enter into and perform any and all necessary contracts; to accept grants and loans, including, but not limited to, those provided under chapters 43.83B and 43.99E RCW, to appoint and employ and discharge the necessary officers, agents, and employees; to sue and be sued as a board but without personal liability of the members thereof in any and all matters in which all the irrigation entities represented on the board as a whole have a common interest without making the irrigation entities parties to the suit; to represent the entities in all matters of common interest as a whole within the scope of this chapter; and to do any and all lawful acts required and expedient to carry out the purposes of this chapter. A board of joint control may, subject to the same limitations as an irrigation district operating under chapter 87.03 RCW, acquire any property or property rights for use within the board's area of jurisdiction by power of eminent domain; acquire, purchase, or lease in its own name all necessary real or personal property or property rights; and sell, lease, or exchange any surplus real or personal property or property rights. Any transfers of water, however, are limited to transfers authorized under subsection (2) of this section.

       (2) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to either redistribute the saved water within its area of jurisdiction, or, transfer the water to others, or both. A redistribution of saved water as an operational practice internal to the board of joint control's area of jurisdiction, may be authorized if it can be made without detriment or injury to rights existing outside of the board of control's area of jurisdiction, including instream flow water rights established under state or federal law. Prior to undertaking a water conservation or system efficiency improvement project which will result in a redistribution of saved water, the board of joint control must consult with the department of ecology and if the board's jurisdiction is within a United States reclamation project the board must obtain the approval of the bureau of reclamation. The purpose of such consultation is to assure that the proposal will not impair the rights of other water holders or bureau of reclamation contract water users. A board of control does not have the power to authorize a change of any water right that would change the point or points of diversion, purpose of use, or place of use outside the board's area of jurisdiction, without the approval of the department of ecology pursuant to RCW 90.03.380 and if the board's jurisdiction is within a United States reclamation project, the approval of the bureau of reclamation.

       (3) A board of joint control is authorized to design, construct, and operate either drainage projects, or water quality enhancement projects, or both.

       (4) Where the board of joint control area of jurisdiction is totally within a federal reclamation project, the board is authorized to accept operational responsibility for federal reserved works.

       (5) Nothing contained in this chapter gives a board of joint control the authority to abridge the existing rights, responsibilities, and authorities of an individual irrigation entity or others within the area of jurisdiction; nor in a case where the board of joint control consists of representatives of two or more divisions of a federal reclamation project shall the board of joint control abridge any powers of an existing board of control created through federal contract; nor shall a board of joint control have any authority to abridge or modify a water right benefiting lands within its area of jurisdiction without consent of the party holding the ownership interest in the water right.

       (6) A board of joint control created under this chapter may not use any authority granted to it by this chapter or by RCW 90.03.380 to authorize a transfer of or change in a water right or to authorize a redistribution of saved water before July 1, 1997.

       NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:

       (1) RCW 89.30.001 and 1933 c 149 s 1 & 1927 c 254 s 1;

       (2) RCW 89.30.004 and 1933 c 149 s 2 & 1927 c 254 s 2;

       (3) RCW 89.30.007 and 1933 c 149 s 3 & 1927 c 254 s 3;

       (4) RCW 89.30.010 and 1933 c 149 s 4 & 1927 c 254 s 4;

       (5) RCW 89.30.013 and 1927 c 254 s 5;

       (6) RCW 89.30.016 and 1927 c 254 s 6;

       (7) RCW 89.30.019 and 1927 c 254 s 7;

       (8) RCW 89.30.022 and 1927 c 254 s 8;

       (9) RCW 89.30.025 and 1927 c 254 s 9;

       (10) RCW 89.30.028 and 1927 c 254 s 10;

       (11) RCW 89.30.031 and 1927 c 254 s 11;

       (12) RCW 89.30.034 and 1927 c 254 s 12;

       (13) RCW 89.30.037 and 1927 c 254 s 13;

       (14) RCW 89.30.040 and 1927 c 254 s 14;

       (15) RCW 89.30.043 and 1927 c 254 s 15;

       (16) RCW 89.30.046 and 1927 c 254 s 16;

       (17) RCW 89.30.049 and 1927 c 254 s 17;

       (18) RCW 89.30.052 and 1927 c 254 s 18;

       (19) RCW 89.30.055 and 1988 c 127 s 70, 1933 c 149 s 5, & 1927 c 254 s 19;

       (20) RCW 89.30.058 and 1988 c 127 s 71, 1933 c 149 s 6, & 1927 c 254 s 20;

       (21) RCW 89.30.061 and 1927 c 254 s 21;

       (22) RCW 89.30.064 and 1927 c 254 s 22;

       (23) RCW 89.30.067 and 1927 c 254 s 23;

       (24) RCW 89.30.070 and 1988 c 127 s 72, 1933 c 149 s 7, & 1927 c 254 s 24;

       (25) RCW 89.30.073 and 1927 c 254 s 25;

       (26) RCW 89.30.076 and 1927 c 254 s 26;

       (27) RCW 89.30.079 and 1927 c 254 s 27;

       (28) RCW 89.30.082 and 1927 c 254 s 28;

       (29) RCW 89.30.085 and 1927 c 254 s 29;

       (30) RCW 89.30.088 and 1927 c 254 s 30;

       (31) RCW 89.30.091 and 1927 c 254 s 31;

       (32) RCW 89.30.094 and 1927 c 254 s 32;

       (33) RCW 89.30.097 and 1927 c 254 s 33;

       (34) RCW 89.30.100 and 1927 c 254 s 34;

       (35) RCW 89.30.103 and 1927 c 254 s 35;

       (36) RCW 89.30.106 and 1927 c 254 s 36;

       (37) RCW 89.30.109 and 1927 c 254 s 37;

       (38) RCW 89.30.112 and 1927 c 254 s 38;

       (39) RCW 89.30.115 and 1927 c 254 s 39;

       (40) RCW 89.30.118 and 1927 c 254 s 40;

       (41) RCW 89.30.121 and 1967 c 164 s 10 & 1927 c 254 s 41;

       (42) RCW 89.30.124 and 1927 c 254 s 42;

       (43) RCW 89.30.127 and 1927 c 254 s 43;

       (44) RCW 89.30.130 and 1927 c 254 s 44;

       (45) RCW 89.30.133 and 1927 c 254 s 45;

       (46) RCW 89.30.136 and 1933 c 149 s 8 & 1927 c 254 s 46;

       (47) RCW 89.30.139 and 1927 c 254 s 47;

       (48) RCW 89.30.142 and 1927 c 254 s 48;

       (49) RCW 89.30.145 and 1927 c 254 s 49;

       (50) RCW 89.30.148 and 1927 c 254 s 50;

       (51) RCW 89.30.151 and 1927 c 254 s 51;

       (52) RCW 89.30.154 and 1927 c 254 s 52;

       (53) RCW 89.30.157 and 1927 c 254 s 53;

       (54) RCW 89.30.160 and 1933 c 149 s 9 & 1927 c 254 s 54;

       (55) RCW 89.30.163 and 1933 c 149 s 10 & 1927 c 254 s 55;

       (56) RCW 89.30.166 and 1927 c 254 s 56;

       (57) RCW 89.30.169 and 1927 c 254 s 57;

       (58) RCW 89.30.172 and 1927 c 254 s 58;

       (59) RCW 89.30.175 and 1927 c 254 s 59;

       (60) RCW 89.30.178 and 1927 c 254 s 60;

       (61) RCW 89.30.181 and 1927 c 254 s 61;

       (62) RCW 89.30.184 and 1927 c 254 s 62;

       (63) RCW 89.30.187 and 1927 c 254 s 63;

       (64) RCW 89.30.190 and 1927 c 254 s 64;

       (65) RCW 89.30.193 and 1927 c 254 s 65;

       (66) RCW 89.30.196 and 1926 c 254 s 66;

       (67) RCW 89.30.199 and 1927 c 254 s 67;

       (68) RCW 89.30.202 and 1927 c 254 s 68;

       (69) RCW 89.30.205 and 1927 c 254 s 69;

       (70) RCW 89.30.208 and 1927 c 254 s 70;

       (71) RCW 89.30.211 and 1933 c 149 s 11 & 1927 c 254 s 71;

       (72) RCW 89.30.214 and 1933 c 149 s 12 & 1929 c 254 s 72;

       (73) RCW 89.30.217 and 1927 c 254 s 73;

       (74) RCW 89.30.220 and 1927 c 254 s 74;

       (75) RCW 89.30.223 and 1927 c 254 s 75;

       (76) RCW 89.30.226 and 1927 c 254 s 76;

       (77) RCW 89.30.229 and 1927 c 254 s 77;

       (78) RCW 89.30.232 and 1927 c 254 s 78;

       (79) RCW 89.30.235 and 1927 c 254 s 79;

       (80) RCW 89.30.238 and 1927 c 254 s 80;

       (81) RCW 89.30.241 and 1927 c 254 s 81;

       (82) RCW 89.30.244 and 1927 c 254 s 82;

       (83) RCW 89.30.247 and 1927 c 254 s 83;

       (84) RCW 89.30.250 and 1933 c 149 s 13 & 1927 c 254 s 84;

       (85) RCW 89.30.253 and 1927 c 254 s 85;

       (86) RCW 89.30.256 and 1927 c 254 s 86;

       (87) RCW 89.30.259 and 1927 c 254 s 87;

       (88) RCW 89.30.262 and 1927 c 254 s 88;

       (89) RCW 89.30.265 and 1927 c 254 s 89;

       (90) RCW 89.30.268 and 1927 c 254 s 90;

       (91) RCW 89.30.271 and 1927 c 254 s 91;

       (92) RCW 89.30.274 and 1927 c 254 s 92;

       (93) RCW 89.30.277 and 1927 c 254 s 93;

       (94) RCW 89.30.280 and 1927 c 254 s 94;

       (95) RCW 89.30.283 and 1927 c 254 s 95;

       (96) RCW 89.30.286 and 1927 c 254 s 96;

       (97) RCW 89.30.289 and 1927 c 254 s 97;

       (98) RCW 89.30.292 and 1927 c 254 s 98;

       (99) RCW 89.30.295 and 1927 c 254 s 99;

       (100) RCW 89.30.298 and 1927 c 254 s 100;

       (101) RCW 89.30.301 and 1927 c 254 s 101;

       (102) RCW 89.30.304 and 1927 c 254 s 102;

       (103) RCW 89.30.307 and 1927 c 254 s 103;

       (104) RCW 89.30.310 and 1927 c 254 s 104;

       (105) RCW 89.30.313 and 1927 c 254 s 105;

       (106) RCW 89.30.316 and 1927 c 254 s 106;

       (107) RCW 89.30.319 and 1927 c 254 s 107;

       (108) RCW 89.30.322 and 1927 c 254 s 108;

       (109) RCW 89.30.325 and 1983 c 167 s 249 & 1927 c 254 s 109;

       (110) RCW 89.30.328 and 1927 c 254 s 110;

       (111) RCW 89.30.331 and 1927 c 254 s 111;

       (112) RCW 89.30.334 and 1927 c 254 s 112;

       (113) RCW 89.30.337 and 1927 c 254 s 113;

       (114) RCW 89.30.340 and 1927 c 254 s 114;

       (115) RCW 89.30.343 and 1927 c 254 s 115;

       (116) RCW 89.30.346 and 1927 c 254 s 116;

       (117) RCW 89.30.349 and 1927 c 254 s 117;

       (118) RCW 89.30.352 and 1927 c 254 s 118;

       (119) RCW 89.30.355 and 1927 c 254 s 119;

       (120) RCW 89.30.358 and 1927 c 254 s 120;

       (121) RCW 89.30.361 and 1927 c 254 s 121;

       (122) RCW 89.30.364 and 1927 c 254 s 122;

       (123) RCW 89.30.367 and 1927 c 254 s 123;

       (124) RCW 89.30.370 and 1927 c 254 s 124;

       (125) RCW 89.30.373 and 1927 c 254 s 125;

       (126) RCW 89.30.376 and 1927 c 254 s 126;

       (127) RCW 89.30.379 and 1927 c 254 s 127;

       (128) RCW 89.30.382 and 1927 c 254 s 128;

       (129) RCW 89.30.385 and 1927 c 254 s 129;

       (130) RCW 89.30.388 and 1927 c 254 s 130;

       (131) RCW 89.30.391 and 1933 c 149 s 14 & 1927 c 254 s 131;

       (132) RCW 89.30.394 and 1927 c 254 s 132;

       (133) RCW 89.30.397 and 1927 c 254 s 133;

       (134) RCW 89.30.400 and 1984 c 186 s 63, 1970 ex.s. c 42 s 38, & 1927 c 254 s 134;

       (135) RCW 89.30.403 and 1984 c 186 s 64, 1970 ex.s. c 42 s 39, & 1927 c 254 s 135;

       (136) RCW 89.30.412 and 1984 c 186 s 65, 1983 c 167 s 250, & 1927 c 254 s 138;

       (137) RCW 89.30.427 and 1983 c 167 s 254, 1933 c 149 s 15, & 1927 c 254 s 143;

       (138) RCW 89.30.430 and 1927 c 254 s 144;

       (139) RCW 89.30.433 and 1983 c 167 s 255, 1981 c 156 s 33, 1933 c 149 s 16, & 1927 c 254 s 145;

       (140) RCW 89.30.436 and 1933 c 149 s 17 & 1927 c 254 s 146;

       (141) RCW 89.30.439 and 1927 c 254 s 147;

       (142) RCW 89.30.442 and 1927 c 254 s 148;

       (143) RCW 89.30.445 and 1927 c 254 s 149;

       (144) RCW 89.30.448 and 1927 c 254 s 150;

       (145) RCW 89.30.451 and 1927 c 254 s 151;

       (146) RCW 89.30.454 and 1927 c 254 s 152;

       (147) RCW 89.30.457 and 1927 c 254 s 153;

       (148) RCW 89.30.460 and 1927 c 254 s 154;

       (149) RCW 89.30.463 and 1927 c 254 s 155;

       (150) RCW 89.30.466 and 1927 c 254 s 156;

       (151) RCW 89.30.469 and 1927 c 254 s 157;

       (152) RCW 89.30.472 and 1927 c 254 s 158;

       (153) RCW 89.30.475 and 1927 c 254 s 159;

       (154) RCW 89.30.478 and 1927 c 254 s 160;

       (155) RCW 89.30.481 and 1927 c 254 s 161;

       (156) RCW 89.30.484 and 1927 c 254 s 162;

       (157) RCW 89.30.487 and 1927 c 254 s 163;

       (158) RCW 89.30.490 and 1927 c 254 s 164;

       (159) RCW 89.30.493 and 1927 c 254 s 165;

       (160) RCW 89.30.496 and 1927 c 254 s 166;

       (161) RCW 89.30.499 and 1927 c 254 s 167;

       (162) RCW 89.30.502 and 1927 c 254 s 168;

       (163) RCW 89.30.505 and 1927 c 254 s 169;

       (164) RCW 89.30.508 and 1927 c 254 s 170;

       (165) RCW 89.30.511 and 1927 c 254 s 171;

       (166) RCW 89.30.514 and 1927 c 254 s 172;

       (167) RCW 89.30.517 and 1983 c 167 s 256 & 1927 c 254 s 173;

       (168) RCW 89.30.520 and 1983 c 167 s 257, 1970 ex.s. c 56 s 103, 1969 ex.s. c 232 s 62, & 1927 c 254 s 174;

       (169) RCW 89.30.523 and 1927 c 254 s 175;

       (170) RCW 89.30.526 and 1927 c 254 s 176;

       (171) RCW 89.30.529 and 1927 c 254 s 177;

       (172) RCW 89.30.532 and 1927 c 254 s 178;

       (173) RCW 89.30.535 and 1927 c 254 s 179;

       (174) RCW 89.30.538 and 1927 c 254 s 180;

       (175) RCW 89.30.541 and 1927 c 254 s 181;

       (176) RCW 89.30.544 and 1983 c 167 s 258 & 1927 c 254 s 182;

       (177) RCW 89.30.547 and 1983 c 167 s 259 & 1927 c 254 s 183;

       (178) RCW 89.30.550 and 1927 c 254 s 184;

       (179) RCW 89.30.553 and 1927 c 254 s 185;

       (180) RCW 89.30.556 and 1983 c 167 s 260 & 1927 c 254 s 186;

       (181) RCW 89.30.565 and 1927 c 254 s 189;

       (182) RCW 89.30.568 and 1927 c 254 s 190;

       (183) RCW 89.30.571 and 1927 c 254 s 191;

       (184) RCW 89.30.574 and 1927 c 254 s 192;

       (185) RCW 89.30.577 and 1927 c 254 s 193;

       (186) RCW 89.30.580 and 1927 c 254 s 194;

       (187) RCW 89.30.583 and 1927 c 254 s 195;

       (188) RCW 89.30.586 and 1927 c 254 s 196;

       (189) RCW 89.30.589 and 1927 c 254 s 197;

       (190) RCW 89.30.592 and 1927 c 254 s 198;

       (191) RCW 89.30.595 and 1927 c 254 s 199;

       (192) RCW 89.30.598 and 1927 c 254 s 200;

       (193) RCW 89.30.601 and 1927 c 254 s 201;

       (194) RCW 89.30.604 and 1927 c 254 s 202;

       (195) RCW 89.30.607 and 1927 c 254 s 203;

       (196) RCW 89.30.610 and 1927 c 254 s 204;

       (197) RCW 89.30.613 and 1927 c 254 s 205;

       (198) RCW 89.30.616 and 1983 c 167 s 261 & 1927 c 254 s 206;

       (199) RCW 89.30.619 and 1927 c 254 s 207;

       (200) RCW 89.30.622 and 1927 c 254 s 208;

       (201) RCW 89.30.625 and 1927 c 254 s 209;

       (202) RCW 89.30.628 and 1927 c 254 s 210;

       (203) RCW 89.30.631 and 1927 c 254 s 211;

       (204) RCW 89.30.634 and 1927 c 254 s 212;

       (205) RCW 89.30.637 and 1927 c 254 s 213;

       (206) RCW 89.30.640 and 1927 c 254 s 214;

       (207) RCW 89.30.643 and 1927 c 254 s 215;

       (208) RCW 89.30.646 and 1927 c 254 s 216;

       (209) RCW 89.30.649 and 1927 c 254 s 217;

       (210) RCW 89.30.652 and 1927 c 254 s 218;

       (211) RCW 89.30.655 and 1927 c 254 s 219;

       (212) RCW 89.30.658 and 1927 c 254 s 220;

       (213) RCW 89.30.661 and 1927 c 254 s 221;

       (214) RCW 89.30.664 and 1927 c 254 s 222;

       (215) RCW 89.30.667 and 1927 c 254 s 223;

       (216) RCW 89.30.670 and 1927 c 254 s 224;

       (217) RCW 89.30.673 and 1927 c 254 s 225;

       (218) RCW 89.30.676 and 1927 c 254 s 226;

       (219) RCW 89.30.679 and 1927 c 254 s 227;

       (220) RCW 89.30.682 and 1927 c 254 s 228;

       (221) RCW 89.30.685 and 1927 c 254 s 229;

       (222) RCW 89.30.688 and 1927 c 254 s 230;

       (223) RCW 89.30.691 and 1927 c 254 s 231;

       (224) RCW 89.30.694 and 1927 c 254 s 232;

       (225) RCW 89.30.697 and 1927 c 254 s 233;

       (226) RCW 89.30.700 and 1927 c 254 s 234;

       (227) RCW 89.30.703 and 1927 c 254 s 235;

       (228) RCW 89.30.706 and 1927 c 254 s 236;

       (229) RCW 89.30.709 and 1927 c 254 s 237;

       (230) RCW 89.30.712 and 1927 c 254 s 238;

       (231) RCW 89.30.715 and 1927 c 254 s 239;

       (232) RCW 89.30.718 and 1927 c 254 s 240;

       (233) RCW 89.30.721 and 1927 c 254 s 241;

       (234) RCW 89.30.724 and 1927 c 254 s 242;

       (235) RCW 89.30.727 and 1927 c 254 s 243;

       (236) RCW 89.30.730 and 1927 c 254 s 244;

       (237) RCW 89.30.733 and 1927 c 254 s 245;

       (238) RCW 89.30.736 and 1927 c 254 s 246;

       (239) RCW 89.30.739 and 1927 c 254 s 247;

       (240) RCW 89.30.742 and 1927 c 254 s 248;

       (241) RCW 89.30.745 and 1927 c 254 s 249;

       (242) RCW 89.30.748 and 1927 c 254 s 250;

       (243) RCW 89.30.751 and 1927 c 254 s 251;

       (244) RCW 89.30.754 and 1927 c 254 s 252;

       (245) RCW 89.30.757 and 1927 c 254 s 253;

       (246) RCW 89.30.760 and 1927 c 254 s 254;

       (247) RCW 89.30.763 and 1927 c 254 s 255;

       (248) RCW 89.30.766 and 1927 c 254 s 256;

       (249) RCW 89.30.769 and 1927 c 254 s 257;

       (250) RCW 89.30.772 and 1927 c 254 s 258;

       (251) RCW 89.30.775 and 1927 c 254 s 259;

       (252) RCW 89.30.778 and 1983 c 167 s 262 & 1927 c 254 s 260;

       (253) RCW 89.30.781 and 1983 c 167 s 263 & 1927 c 254 s 261;

       (254) RCW 89.30.784 and 1983 c 167 s 264 & 1927 c 254 s 262;

       (255) RCW 89.30.787 and 1933 c 149 s 18 & 1927 c 254 s 263;

       (256) RCW 89.30.790 and 1927 c 254 s 264;

       (257) RCW 89.30.793 and 1927 c 254 s 265;

       (258) RCW 89.30.796 and 1927 c 254 s 266;

       (259) RCW 89.30.799 and 1927 c 254 s 267;

       (260) RCW 89.30.802 and 1927 c 254 s 268;

       (261) RCW 89.30.805 and 1927 c 254 s 269;

       (262) RCW 89.30.808 and 1927 c 254 s 270;

       (263) RCW 89.30.811 and 1927 c 254 s 271;

       (264) RCW 89.30.814 and 1927 c 254 s 272;

       (265) RCW 89.30.817 and 1927 c 254 s 273;

       (266) RCW 89.30.820 and 1927 c 254 s 274;

       (267) RCW 89.30.823 and 1927 c 254 s 275;

       (268) RCW 89.30.826 and 1927 c 254 s 276;

       (269) RCW 89.30.829 and 1927 c 254 s 277;

       (270) RCW 89.30.832 and 1927 c 254 s 278; and

       (271) RCW 89.30.835 and 1927 c 254 s 279."

      The President declared the question before the Senate to be the motion by Senator Morton that the Committee on Agriculture and Environment striking amendment to Substitute House Bill No. 2710 not be adopted.

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


MOTION


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

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 87.03.845 and 1993 c 235 s 2 are each amended to read as follows:

       This section and RCW 87.03.847 through 87.03.855 provide the procedures by which a minor irrigation district may be merged into a major irrigation district as authorized by RCW 87.03.530(2).

       To institute proceedings for such a merger, the board of directors of the minor district shall adopt a resolution requesting the board of directors of the major district to consider the merger, or proceedings for such a merger may be instituted by a petition requesting the board of directors of the major district to consider the merger, signed by ten owners of land within the minor district or five percent of the total number of landowners within the minor district, whichever is greater. However, if there are fewer than twenty owners of land within the minor irrigation district, the petition shall be signed by a majority of the landowners and filed with the board of directors of the major irrigation district.

       The board of directors of the major irrigation district shall consider the request at the next regularly scheduled meeting of the board of directors of the major district following its receipt of the minor district's request or at a special meeting called for the purpose of considering the request. If the board of the major district denies the request of the minor district, no further action on the request shall be taken.

       If the board of the major district does not deny the request, it shall conduct a public hearing on the request and shall give notice regarding the hearing. The notice shall describe the proposed merger and shall be published once a week for two consecutive weeks preceding the date of the hearing and the last publication shall be not more than seven days before the date of the hearing. The notice shall contain a statement that unless the holders of title or evidence of title to at least twenty percent of the assessed lands within the major district file a protest opposing the merger with the board of the major district at or before the hearing, the board is free to approve the request for the merger without an election being conducted in the major district on the request. If the board of the major district is considering requests from more than one minor district, the hearing shall be conducted on all such requests.

       Sec. 2. RCW 87.80.130 and 1996 c 320 s 11 are each amended to read as follows:

       (1) A board of joint control created under the provisions of this chapter shall have full authority within its area of jurisdiction to enter into and perform any and all necessary contracts; to accept grants and loans, including, but not limited to, those provided under chapters 43.83B and 43.99E RCW, to appoint and employ and discharge the necessary officers, agents, and employees; to sue and be sued as a board but without personal liability of the members thereof in any and all matters in which all the irrigation entities represented on the board as a whole have a common interest without making the irrigation entities parties to the suit; to represent the entities in all matters of common interest as a whole within the scope of this chapter; and to do any and all lawful acts required and expedient to carry out the purposes of this chapter. A board of joint control may, subject to the same limitations as an irrigation district operating under chapter 87.03 RCW, acquire any property or property rights for use within the board's area of jurisdiction by power of eminent domain; acquire, purchase, or lease in its own name all necessary real or personal property or property rights; and sell, lease, or exchange any surplus real or personal property or property rights. Any transfers of water, however, are limited to transfers authorized under subsection (2) of this section.

       (2) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to either redistribute the saved water within its area of jurisdiction, or, transfer the water to others, or both. A redistribution of saved water as an operational practice internal to the board of joint control's area of jurisdiction, may be authorized if it can be made without detriment or injury to rights existing outside of the board of control's area of jurisdiction, including instream flow water rights established under state or federal law. Prior to undertaking a water conservation or system efficiency improvement project which will result in a redistribution of saved water, the board of joint control must consult with the department of ecology and if the board's jurisdiction is within a United States reclamation project the board must obtain the approval of the bureau of reclamation. The purpose of such consultation is to assure that the proposal will not impair the rights of other water holders or bureau of reclamation contract water users. A board of control does not have the power to authorize a change of any water right that would change the point or points of diversion, purpose of use, or place of use outside the board's area of jurisdiction, without the approval of the department of ecology pursuant to RCW 90.03.380 and if the board's jurisdiction is within a United States reclamation project, the approval of the bureau of reclamation.

       (3) A board of joint control is authorized to design, construct, and operate either drainage projects, or water quality enhancement projects, or both.

       (4) Where the board of joint control area of jurisdiction is totally within a federal reclamation project, the board is authorized to accept operational responsibility for federal reserved works.

       (5) Nothing contained in this chapter gives a board of joint control the authority to abridge the existing rights, responsibilities, and authorities of an individual irrigation entity or others within the area of jurisdiction; nor in a case where the board of joint control consists of representatives of two or more divisions of a federal reclamation project shall the board of joint control abridge any powers of an existing board of control created through federal contract; nor shall a board of joint control have any authority to abridge or modify a water right benefiting lands within its area of jurisdiction without consent of the party holding the ownership interest in the water right.

       (6) A board of joint control created under this chapter may not use any authority granted to it by this chapter or by RCW 90.03.380 to authorize a transfer of or change in a water right or to authorize a redistribution of saved water before July 1, 1997."


MOTIONS


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

      On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "and amending RCW 87.03.845 and 87.80.130."

      On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 2710, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Loveland: “Senator Morton, would you just briefly--I listened to your explanation and I was aware of what was on the pink calendar-what does this striker do different than what the current law is, because you are talking about islands, but this talks about a large irrigation district and a small irrigation district merging and the number of people required? I wondered how this is different than what goes on now?”

      Senator Morton: “As I understand it, Senator Loveland, the large districts are not able to absorb some of the--what are called--island districts--some of the smaller ones, and allow them to continue with the same rights that they have had. So, this now corrects that and allows that to take place. If the island districts want to be merged with the larger districts, they can, but they retain their same rights.”

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2710, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2710, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.  Absent: Senator Schow - 1.   Excused: Senators Horn, Oke, Sheldon, B. and West - 4.     SUBSTITUTE HOUSE BILL NO. 2710, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senator Finkbeiner was excused.


SECOND READING


      HOUSE BILL NO. 2732, by Representatives Robertson, Ogden, L. Thomas, McCune, Constantine, Wood, Zellinsky, Ballasiotes, Delvin and Hickel

 

Regarding wage assignment orders for child support or spousal maintenance payments.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, House Bill No. 2732 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2732.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2732 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 44.  Excused: Senators Finkbeiner, Horn, Oke, Sheldon, B. and West - 5.                  HOUSE BILL NO. 2732, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2772, by Representatives McDonald and Kastama

 

Revising provisions relating to drug paraphernalia.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the following Committee on Law and Justice amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 26.28 RCW to read as follows:

       (1) Every person who sells or gives, or permits to be sold or given to any person under the age of eighteen years any drug paraphernalia in any form commits a class I civil infraction under chapter 7.80 RCW. For purposes of this subsection, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:

       (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

       (b) Water pipes;

       (c) Carburetion tubes and devices;

       (d) Smoking and carburetion masks;

       (e) Roach clips: Meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

       (f) Miniature cocaine spoons and cocaine vials;

       (g) Chamber pipes;

       (h) Carburetor pipes;

       (i) Electric pipes;

       (j) Air-driven pipes;

       (k) Chillums;

       (l) Bongs; and

       (m) Ice pipes or chillers.

       (2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

       (3) Nothing in subsection (1) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs."

MOTIONS


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

       On page 1, line 1 of the title, after "paraphernalia;" strike the remainder of the title and insert "adding a new section to chapter 26.28 RCW; and prescribing penalties."

      On motion of Senator Roach, the rules were suspended, Engrossed House Bill No. 2772, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2772, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2772, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.   Voting nay: Senator Brown - 1.             Excused: Senators Finkbeiner, Horn and West - 3.      ENGROSSED HOUSE BILL NO. 2772, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1541, by House Committee on Law and Justice (originally sponsored by Representatives Sump, McMorris, Sheahan, Sheldon, Crouse, Sherstad, Honeyford, DeBolt, Koster, Chandler, Linville, Clements, Boldt, Sterk, Smith, Conway and Bush)

 

Protecting sport shooting ranges.


      The bill was read the second time.

MOTION

 

      Senator Roach moved that the following Committee on Law and Justice amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that sport shooting ranges in this state offer valuable hunter and firearm safety training, legitimate and important forms of recreation to the general public, and provide the opportunity for many law enforcement agencies to maintain necessary firearms skills efficiently and at little or no cost. The continued existence and viability of sport shooting ranges is impacted by burdensome retroactive regulation and lawsuits, thereby potentially threatening the availability of low-cost firearms training to some local law enforcement agencies, as well as hunter and firearms safety training and recreation to the general public.

       NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:

       (1)(a) Notwithstanding any other provision of law, a person who operates or uses a sport shooting range in this state is not subject to civil liability or criminal prosecution in a matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.

       (b) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and a court of the state shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.

       (c) Rules adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere do not apply to a sport shooting range exempted from liability under this section.

       (2) A person who acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved sport shooting range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin, or impede the use of the range where there has not been a substantial change in the nature of the use of the range. This subsection does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.

       (3) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance must be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.

       (4) A person who participates in sport shooting at a sport shooting range accepts the risks associated with the sport to the extent the risks are obvious and inherent. Those risks include, but are not limited to, injuries that may result from noise, discharge of a projectile or shot, malfunction of sport shooting equipment not owned by the shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.

       (5) Except as otherwise provided in this section, this section does not prohibit a local government from regulating the location and construction of a sport shooting range after the effective date of this act.

       (6) As used in this section:

       (a) "Local government" means a county, city, or town.

       (b) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.

       (c) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting."


MOTION


      Senator Fairley moved that the following amendments to the Committee on Law and Justice striking amendment be considered simultaneously and be adopted:

       On page 1, line 26, after "(b)" strike all material through "(c)" on line 32.

       On page 2, line 1, after "(2)" strike all material through "range." on line 8 and insert the following:

       "A person who acquires title to real property after the initial construction of a permanently located and improved sport shooting range, and whose use of the property is adversely affected by the operation of the range, shall not maintain an action against the owner or operator of the range for nuisance unless there has been a substantial change in the nature of the use of the range. This subsection (2) does not prohibit an action for negligent, reckless or intentional acts by a person owning or operating a range or any person engaged in any activity permitted by the owner or operator of the range while the person is on the range."

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

 

MOTION


      On motion of Senator Franklin, Senator Heavey was excused.

      The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Fairley on page 1, line 26, and page 2, line 1, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1541.


ROLL CALL


      The Secretary called the roll and the amendments to the committee striking amendment were not adopted by the following vote: Yeas, 15; Nays, 31; Absent, 0; Excused, 3.

      Voting yea: Senators Brown, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kline, Kohl, McCaslin, Patterson, Prentice, Spanel, Thibaudeau, Winsley and Wojahn - 15.            Voting nay: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Hochstatter, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, Wood and Zarelli - 31.               Excused: Senators Heavey, Horn and West - 3.MOTION


      On motion of Senator Franklin, Senators Bauer and Prentice were excused.


MOTION


      Senator Kline moved that the following amendment to the Committee on Law and Justice striking amendment be adopted:

       On page 2, line 14, after "(4)" strike the remainder of the subsection and insert the following:

       "A person who participates in sport shooting at a sport shooting range accepts the risk of injury associated with reasonable operation of the range by the owner or operator, to the extent these risks are obvious and inherent. For purpose of this subsection (4) the injuries are those which result from noise, natural variations in terrain, surface and subsurface conditions, barren earth, rocks, trees, natural growth of plants and location of debris, and malfunction of sport shooting equipment not owned by or under the control of the owner or operator of the sport shooting range."

      Debate ensued.

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

`     Further debate ensued.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Kline on page 2, line 14, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1541.


ROLL CALL


      The Secretary called the roll and the amendment to the committee striking amendment was not adopted by the following vote: Yeas, 12; Nays, 33; Absent, 0; Excused, 4.

      Voting yea: Senators Brown, Fairley, Fraser, Heavey, Jacobsen, Kline, Kohl, Patterson, Spanel, Thibaudeau, Wojahn and Wood - 12.      Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, Winsley and Zarelli - 33.           Excused: Senators Bauer, Horn, Prentice and West - 4.

MOTION


      Senator Heavey moved that the following amendment by Senators Heavey and Fairley to the Committee on Law and Justice striking amendment be adopted:

       On page 2, after line 21, insert the following:

       "(5) Liquor, as defined in RCW 66.04.010 may not be sold, served, distributed or consumed at any sport shooting range while the range is in operation as a sport shooting range. Nothing in this subsection prohibits the sale, service, distribution, or consumption of liquor while the range is in use for any purpose other than discharge of shot or projectile."

       Renumber the subsections consecutively and correct any internal references accordingly.

      Debate ensued.

      Senator Betti Sheldon demanded a roll call and the demand was sustained.

`     Further debate ensued.


POINT OF INQUIRY


      Senator Rasmussen: “Senator Heavey, my daughter had her wedding at the Tacoma Sportsmen's Club. It was in the early afternoon, right after the services. While we didn't use the bar--the bar was not open--we did serve champagne for the toast to the bride. Yes, the range was in operation, but we had two or three hundred people there for the wedding, because it is a gorgeous facility. Would we have been prohibited from doing that?”

      Senator Heavey: “Absolutely, yes.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Heavey and Fairley on page 2, after line 21, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1541.


ROLL CALL


      The Secretary called the roll and the amendment to the committee striking amendment was not adopted by the following vote: Yeas, 17; Nays, 27; Absent, 1; Excused, 4.

      Voting yea: Senators Brown, Fairley, Fraser, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, Patterson, Sheldon, B., Snyder, Spanel, Thibaudeau, Wojahn and Wood - 17.              Voting nay: Senators Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hochstatter, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, Winsley and Zarelli - 27.             Absent: Senator Anderson - 1.               Excused: Senators Bauer, Horn, Prentice and West - 4.                                                                    MOTION


      Senator Kline moved that the following amendment to the Committee on Law and Justice striking amendment be adopted:

       On page 2, after line 21, insert the following:

       "(5) The owner or operator of any sport shooting range shall have in place an insurance policy providing insurance for personal and property damage which occurs as a result of acts at the range, with liability limits of at least two hundred fifty thousand dollars per occurrence. This subsection shall become effective January 1, 1999."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 2, after line 21, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1541.

      The motion by Senator Kline carried and the amendment to the committee striking amendment was adopted.


MOTION


      Senator Kline moved that the following amendment to the Committee on Law and Justice striking amendment be adopted: On page 2, line 31, after "operated" insert "primarily"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 2, line 31, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1541.

      The motion by Senator Kline failed and the amendment to the committee striking amendment was not adopted.


MOTION


      Senator Spanel moved that the following amendment by Senators Spanel, Fraser and Fairley to the Committee on Law and Justice striking amendment be adopted:

       On page 2, after line 32, insert the following:

       "NEW SECTION. Sec. 3. A new section is added to chapter 9.41 RCW to read as follows:

       The provisions of section 2 (1), (2), and (3) of this act do not apply to sport shooting ranges which, since commencement of operation as a range, have: (a) been found to not be in compliance with laws or rules or regulations relating to its operation as a range; (b) violated conditions which were imposed as necessary to the issuance of any permit to build or operate the range; (c) expanded in geographic size through acquiring title to, or the right to use, real property adjoining the range; or (d) experienced an increase in users of fifty percent or greater since the conclusion of the first year of operation."


POINT OF INQUIRY


      Senator Rasmussen: “Senator Spanel, in reading the last few lines it says, 'an increase in users of fifty percent or greater since the conclusion of the first year of operation.' Some of these ranges, I am thinking of the Tacoma Sportsmen's Club, started out with, perhaps, fifty members and they have been in operation for sixty years and now they have, perhaps, three hundred members. Isn't that an increase of over fifty percent? Would they be considered the same as if you were in violation of other things, even though this facility answers to all the other rules and regulations?”

      Senator Spanel: “Well, I think clearly, that is a larger facility than it started out, so if you are going to say, base this whole bill on one--you know--when a shooting range began, that is a significant increase in use, from the very beginning.”

      Senator Rasmussen: “Is this an increase in use or an increase in the land that they operate on?”

      Senator Spanel: “It is an increase in the number of people, so I would presume an increase in use.”

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Spanel, Fraser and Fairley on page 2, after line 32, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1541.

      The motion by Senator Spanel failed and the amendment to the committee striking amendment was not adopted

      The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment , as amended, to Substitute House Bill No. 1541.

      The motion by Senator Roach carried and the Committee on Law and Justice striking amendment, as amended, was adopted.


MOTIONS


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

       On line 1 of the title, after "ranges;" strike the remainder of the title and insert "adding a new section to chapter 9.41 RCW; and creating a new section."

       On page 3, line 5 of the title amendment, after "RCW;" strike "and creating a new section" and insert "creating a new section; and providing an effective date"

      On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1541, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1541, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1541, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 11; Absent, 0; Excused, 2.


      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, Winsley, Wood and Zarelli - 36.          Voting nay: Senators Brown, Fairley, Fraser, Jacobsen, Kline, McAuliffe, Patterson, Prentice, Spanel, Thibaudeau and Wojahn - 11.             Excused: Senators Horn and West - 2.      SUBSTITUTE HOUSE BILL NO. 1541, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 6:04 p.m., on motion of Senator Johnson, the Senate recessed until 7:15 p.m.


      The Senate was called to order at 7:19 p.m. by President Owen.


SECOND READING

GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Betti Sheldon, Gubernatorial Appointment 9283, James Robinson, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.

      Senators Betti Sheldon and Tim Sheldon spoke to the confirmation of James Robinson, as a member of the Board of Trustees for Olympic Community College District No. 3.


APPOINTMENT OF JAMES ROBINSON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 6; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Benton, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 43. Absent: Senators Brown, Deccio, McCaslin, Newhouse, Rossi and Wojahn - 6.

MOTIONS


      On motion of Senator Goings, Senators Brown was excused.

      On motion of Senator Hale, Senators Deccio, McCaslin and Rossi were excused.

 

MOTION


      On motion of Senator Benton, Gubernatorial Appointment 9275, Holly Echo-Hawk Middleton, as a member of the Board of Trustees for Clark Community College District No.14, was confirmed.

      Senators Benton and Bauer spoke to the confirmation of Holly Echo-Hawk Middleton, as a member of the Board of Trustees for Clark Community College District No. 14.


APPOINTMENT OF HOLLY ECHO-HAWK MIDDLETON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Benton, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 43. Absent: Senators West and Wojahn - 2.           Excused: Senators Brown, Deccio, McCaslin and Rossi - 4.

MOTION


      On motion of Senator Swecker, Senator Benton was excused.


SECOND READING


      HOUSE BILL NO. 3053, by Representatives Clements and Skinner

 

Providing a lump sum distribution option for certain members of the teachers' retirement system, plan III.


      The bill was read the second time.


MOTION


      On motion of Senator Long, the rules were suspended, House Bill No. 3053 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.



      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 3053.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 3053 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 42.      Absent: Senators Horn, McDonald and Wojahn - 3.             Excused: Senators Benton, Deccio, McCaslin and Rossi - 4.      HOUSE BILL NO. 3053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS


      On motion of Senator Hale, Senators Horn and McDonald were excused.

      On motion of Senator Franklin, Senator Kline was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2973, by House Committee on Commerce and Labor (originally sponsored by Representative McMorris)

 

Clarifying the role of the liquor control board to hear appeals related to the seizure and forfeiture of cigarettes.


      The bill was read the second time.


MOTION


      On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 2973 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2973.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2973 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 2; Excused, 6.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 41.      Absent: Senators Sellar and Wojahn - 2.               Excused: Senators Deccio, Horn, Kline, McCaslin, McDonald and Rossi - 6.      SUBSTITUTE HOUSE BILL NO. 2973, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS


      On motion of Senator Goings, Senator Wojahn was excused.

      On motion of Senator Hale, Senator Sellar was excused.


SECOND READING


      HOUSE BILL NO. 2837, by Representatives Clements, Skinner and Buck

 

Identifying property abandoned by the department of fish and wildlife.


      The bill was read the second time.

MOTION


      On motion of Senator Oke, the rules were suspended, House Bill No. 2837 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2837.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2837 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.




      Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 41.      Excused: Senators Deccio, Horn, Kline, McCaslin, McDonald, Rossi, Sellar and Wojahn - 8.            HOUSE BILL NO. 2837, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2822, by House Committee on Commerce and Labor (originally sponsored by Representative McMorris) (by request of Department of Labor and Industries)

 

Exempting agency medical coverage decisions by labor and industries from rule-making provisions.


      The bill was read the second time.

MOTION



      On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 2822 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Heavey: “Senator Schow, would you confirm for me that, with the exception of new rule-making to establish criteria for medical coverage decisions, this bill gives no new authority to L&I, and that this bill will allow the department to continue to make medical coverage decisions the way they do now?”

      Senator Schow: “Yes, Senator, I can confirm both of those statements. The intent of this bill is to make sure that the present decision-making process for medical coverage decisions can be continued with a more public process to establish criteria by rule.”

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2822.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2822 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 46.   Excused: Senators Kline, McDonald and Wojahn - 3.          SUBSTITUTE HOUSE BILL NO. 2822, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2990, by Representatives Dyer, Backlund and Anderson

 

Creating a pilot project for third-party accreditation of boarding homes.


      The bill was read the second time.


MOTION


      On motion of Senator Johnson, the rules were suspended, House Bill No. 2990 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2990.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2990 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.   Absent: Senators Bauer and McCaslin - 2.            Excused: Senator McDonald - 1.           HOUSE BILL NO. 2990, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.



SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2790, by House Committee on Law and Justice (originally sponsored by Representatives Mastin, Sheahan, Costa and Lambert)

 

Requiring restitution hearings for juvenile offenders to occur within one hundred eighty days of the disposition hearing.


      The bill was read the second time.

MOTION


      On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 2790 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2790.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2790 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.          Excused: Senator McDonald - 1.           SUBSTITUTE HOUSE BILL NO. 2790, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2784, by Representatives Johnson, D. Schmidt, Wensman, Cairnes, Zellinsky and Clements

 

Adding inhabitants of county as recipients of water works benefits.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the rules were suspended, House Bill No. 2784 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION


      On motion of Senator Hale, Senator Wood was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2784.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2784 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley and Wojahn - 46.  Absent: Senator Zarelli - 1.   Excused: Senators McDonald and Wood - 2.        SUBSTITUTE HOUSE BILL NO. 2784, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION


      On motion of Senator Hale, Senator Sellar was excused.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2414, by Representatives Pennington, Mielke, Alexander, Carlson, Honeyford, Chandler, Buck, Hatfield and Doumit

 

Extending the time in which to comply with outdoor burning prohibitions.


      The bill was read the second time.


MOTION


      On motion of Senator Morton, the following Committee on Agriculture and Environment amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.94.743 and 1997 c 225 s 1 are each amended to read as follows:

       (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical:

       (a) Outdoor burning shall not be allowed in any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning.

       (b) Outdoor burning shall not be allowed in any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available. In no event shall such burning be allowed after December 31, 2000, except that within the urban growth areas for cities having a population of less than five thousand people, that are neither within nor contiguous with any nonattainment or maintenance area designated under the federal clean air act, in no event shall such burning be allowed after December 31, 2006.

       (c) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70.94.660 or 70.94.755. If outdoor burning is allowed in areas subject to (a) or (b) of this subsection, a permit shall be required, and a fee may be collected to cover the expenses of administering and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply to outdoor burning allowed under this section.

       (2) "Outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.

       (3) This section shall not apply to silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas."


MOTIONS


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

      On page 1, line 1 of the title, after "burning;" strike the remainder of the title and insert "and amending RCW 70.94.743."

      On motion of Senator Morton, the rules were suspended, Engrossed House Bill No. 2414, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2414, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2414, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.                Absent: Senator West - 1.      Excused: Senators McDonald, Sellar and Wood - 3.      ENGROSSED HOUSE BILL NO. 2414, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hale, Senator West was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2431, by House Committee on Appropriations (originally sponsored by Representatives DeBolt, Alexander, Mielke, Johnson and Pennington)

 

Refining provisions concerning the Southwest Washington Fair.


      The bill was read the second time.

MOTION


      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 2431 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2431.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2431 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.                Excused: Senators McDonald, Sellar, West and Wood - 4.                   SUBSTITUTE HOUSE BILL NO. 2431, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2556, by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Tokuda and O'Brien) (by request of Department of Social and Health Services)

 

Making changes concerning the federal child abuse prevention and treatment act.


      The bill was read the second time.

MOTION


      Senator Long moved that the following Committee on Human Services and Corrections amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 13.34.020 and 1990 c 284 s 31 are each amended to read as follows:

       The legislature declares that the family unit is a fundamental resource of American life which should be nurtured. Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail. In making reasonable efforts under this chapter, the child's health and safety shall be the paramount concern. The right of a child to basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under this chapter.

       Sec. 2. RCW 13.34.130 and 1997 c 280 s 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)): (a) Termination is recommended by the supervising agency((, that it)); (b) termination is in the best interests of the child; and (c) that ((it is not reasonable to provide further services to reunify the family)) because of 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)), reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

       (((a))) (i) 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))) (ii) 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))) (iii) 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))) (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

       (((e))) (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

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

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

       (3) If reasonable efforts are not ordered under this subsection (3) a permanency plan hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child;

       (4) 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))) (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home is inconsistent with the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan of care and to complete whatever steps are necessary to finalize the permanent placement of the child.

       (6) 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))) (7) 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. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

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

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

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

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

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

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

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

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

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

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

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

       Sec. 3. RCW 13.34.145 and 1995 c 311 s 20 and 1995 c 53 s 2 are each reenacted and amended to read as follows:

       (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.

       (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.

       (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

       (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

       (2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

       (3)(((a) For children ten and under,)) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.

       (((b) For children over ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.))

       (4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve ((or eighteen)) months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree or guardianship order is entered, or the dependency is dismissed.

       (5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

       (6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(((5))) (7) and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280 and 13.34.130(7). If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:

       (a)(i) Order the permanency plan prepared by the agency to be implemented; or

       (ii) Modify the permanency plan, and order implementation of the modified plan; and

       (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

       (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

       (7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(((5))) (7), and the court shall determine the need for continued intervention.

       (8) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

       (9) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(((5))) (7), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

       (10) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

       (11) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.

       (12) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

       Sec. 4. RCW 13.34.180 and 1997 c 280 s 2 are each amended to read as follows:

       A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege:

       (1) That the child has been found to be a dependent child under RCW 13.34.030(4); and

       (2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and

       (3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(4); and

       (4) That the services ordered under RCW 13.34.130 have been clearly offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided; and

       (5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:

       (a) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or

       (b) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and

       (6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home; or

       (7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found; or

       (8) In lieu of the allegations in subsections (2) through (6) of this section, the petition may allege that the parent has been found by a court of competent jurisdiction:

       (a) To have committed, against another child of such parent, murder in the first degree, murder in the second degree, or homicide by abuse as defined in chapter 9A.32 RCW;

       (b) To have committed, against another child of such parent, manslaughter in the first degree or manslaughter in the second degree, as defined in chapter 9A.32 RCW;

       (c) To have attempted, conspired, or solicited to commit one or more of the crimes listed in (a) or (b) of this subsection; or

       (d) To have committed assault in the first or second degree, as defined in chapter 9A.36 RCW, against the surviving child or another child of the parent.

       ((A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been offered or provided.))

       Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:


"NOTICE

 

A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.

1. You have the right to a fact-finding hearing before a judge.

2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:    (explain local procedure)   .

3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

You should be present at this hearing.

You may call    (insert agency)    for more information about your child. The agency's name and telephone number are    (insert name and telephone number)   ."

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

       The department shall file a petition for the expedited termination of a parent and child relationship when the court determines that an infant, under three years of age, has been abandoned as defined in RCW 13.34.030(4)(a). The department shall, concurrently with proceeding with the petition, identify, recruit, process, and approve a qualified family for an adoption unless: (1) At the option of the department, the infant is being cared for by a relative; (2) the department has documented in the case plan a compelling reason for determining that the filing of such petition would not be in the best interest of the infant; or (3) the department has not provided the family such services as the department deems necessary for the safe return of the infant to the infant's home, if reasonable efforts are required to be made.

       For the purposes of this section "expedited" refers to the filing of a petition for the termination of a parent and child relationship five months after an infant has been determined to be abandoned.

       Sec. 6. RCW 13.34.190 and 1993 c 412 s 3 are each amended to read as follows:

       After hearings pursuant to RCW 13.34.110, the court may enter an order terminating all parental rights to a child if the court finds that:

       (1)(a) The allegations contained in the petition as provided in RCW 13.34.180 (1) through (6) are established by clear, cogent, and convincing evidence; or

       (((2))) (b) RCW 13.34.180 (3) and (4) may be waived because the allegations under RCW 13.34.180 (1), (2), (5), and (6) are established beyond a reasonable doubt; or

       (((3))) (c) The allegation under RCW 13.34.180(7) is established beyond a reasonable doubt. In determining whether RCW 13.34.180 (5) and (6) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.130(2) exist; or

       (d) The allegation under RCW 13.34.180(8) is established beyond a reasonable doubt; and

       (((4))) (2) Such an order is in the best interests of the child.

       Sec. 7. RCW 74.15.130 and 1995 c 302 s 5 are each amended to read as follows:

       (1) An agency may be denied a license, or any license issued pursuant to chapter 74.15 RCW and RCW 74.13.031 may be suspended, revoked, modified, or not renewed by the secretary upon proof (a) that the agency has failed or refused to comply with the provisions of chapter 74.15 RCW and RCW 74.13.031 or the requirements promulgated pursuant to the provisions of chapter 74.15 RCW and RCW 74.13.031; or (b) that the conditions required for the issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

       (2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of a foster family home license, the department's decision shall be upheld if there is reasonable cause to believe that:

       (a) The applicant or licensee lacks the character, suitability, or competence to care for children placed in out-of-home care, however, no unfounded report of child abuse or neglect may be used to deny employment or a license;

       (b) The applicant or licensee has failed or refused to comply with any provision of chapter 74.15 RCW, RCW 74.13.031, or the requirements adopted pursuant to such provisions; or

       (c) The conditions required for issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses.

       (3) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, other than a foster family home license, the department's decision shall be upheld if it is supported by a preponderance of the evidence.

       (4) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under the provisions of this chapter and RCW 74.13.031 or that an agency subject to licensing under this chapter and RCW 74.13.031 is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home. Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance. Civil monetary penalties shall not exceed seventy-five dollars per violation for a family day-care home and two hundred fifty dollars per violation for group homes, child day-care centers, and child-placing agencies. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty. The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period. The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. Chapter 43.20A RCW governs notice of a civil monetary penalty and provides the right of an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.

       Sec. 8. RCW 26.44.020 and 1997 c 386 s 45, 1997 c 386 s 24, 1997 c 282 s 4, and 1997 c 132 s 2 are each reenacted and amended to read as follows:

       For the purpose of and as used in this chapter:

       (1) "Court" means the superior court of the state of Washington, juvenile department.

       (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

       (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

       (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

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

       (6) "Child" or "children" means any person under the age of eighteen years of age.

       (7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

       (8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

       (9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

       (10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

       (11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

       (12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined herein.

       (13) "Child protective services section" shall mean the child protective services section of the department.

       (14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW.

       (15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

       (16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. The fact that siblings share a bedroom is not, in and of itself, "negligent treatment or maltreatment."

       (17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020.

       (18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

       (19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.

       (20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth."

       (21) "Unfounded" means available ((evidence)) information indicates that, more likely than not, child abuse or neglect did not occur.

       Sec. 9. RCW 26.44.100 and 1997 c 282 s 2 are each amended to read as follows:

       (1) The legislature finds parents and children often are not aware of their due process rights when agencies are investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be afforded due process, that protection of children remains the priority of the legislature, and that this protection includes protecting the family unit from unnecessary disruption. To facilitate this goal, the legislature wishes to ensure that parents and children be advised in writing and orally, if feasible, of their basic rights and other specific information as set forth in this chapter, provided that nothing contained in this chapter shall cause any delay in protective custody action.

       (2) The department shall notify the alleged perpetrator of the allegations of child abuse and neglect at the earliest possible point in the investigation that will not jeopardize the safety and protection of the child or the investigation process.

       Whenever the department completes an investigation of a child abuse or neglect report under chapter 26.44 RCW, the department shall notify the alleged perpetrator of the report and the department's investigative findings. The notice shall also advise the alleged perpetrator that:

       (a) A written response to the report may be provided to the department and that such response will be filed in the record following receipt by the department;

       (b) Information in the department's record may be considered in subsequent investigations or proceedings related to child protection or child custody;

       (c) ((There is currently information in the department's record that may)) Founded reports of child abuse and neglect may be considered in determining ((that)) whether the person is disqualified from being licensed to provide child care, employed by a licensed child care agency, or authorized by the department to care for children; and

       (d) ((A person who has demonstrated a good-faith desire to work in a licensed agency may request an informal meeting with the department to have an opportunity to discuss and contest the information currently in the record.)) An alleged perpetrator named in a founded report of child abuse or neglect has the right to seek review of the finding as provided in this chapter.

       (3) The notification required by this section shall be made by ((regular)) certified mail, return receipt requested, to the person's last known address.

       (4) The duty of notification created by this section is subject to the ability of the department to ascertain the location of the person to be notified. The department shall exercise reasonable, good-faith efforts to ascertain the location of persons entitled to notification under this section.

       NEW SECTION. Sec. 10. A new section is added to chapter 26.44 RCW to read as follows:

       (1) A person who is named as an alleged perpetrator after October 1, 1998, in a founded report of child abuse or neglect has the right to seek review and amendment of the finding as provided in this section.

       (2) Within twenty calendar days after receiving written notice from the department under RCW 26.44.100 that a person is named as an alleged perpetrator in a founded report of child abuse or neglect, he or she may request that the department review the finding. The request must be made in writing. If a request for review is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding.

       (3) Upon receipt of a written request for review, the department shall review and, if appropriate, may amend the finding. Management level staff within the children's administration designated by the secretary shall be responsible for the review. The review must be conducted in accordance with procedures the department establishes by rule. Upon completion of the review, the department shall notify the alleged perpetrator in writing of the agency's determination. The notification must be sent by certified mail, return receipt requested, to the person's last known address.

       (4) If, following agency review, the report remains founded, the person named as the alleged perpetrator in the report may request an adjudicative hearing to contest the finding. The adjudicative proceeding is governed by chapter 34.05 RCW and this section. The request for an adjudicative proceeding must be filed within thirty calendar days after receiving notice of the agency review determination. If a request for an adjudicative proceeding is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency review or to an adjudicative hearing or judicial review of the finding.

       (5) Reviews and hearings conducted under this section are confidential and shall not be open to the public. Information about reports, reviews, and hearings may be disclosed only in accordance with federal and state laws pertaining to child welfare records and child protective services reports.

       (6) The department may adopt rules to implement this section.

       Sec. 11. RCW 74.13.031 and 1997 c 386 s 32 and 1997 c 272 s 1 are each reenacted and amended to read as follows:

       The department shall have the duty to provide child welfare services and shall:

       (1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

       (2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

       (3) Investigate complaints of ((alleged neglect, abuse, or abandonment of children)) any recent act or failure to act on the part of a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime against a child may have been committed, the department shall notify the appropriate law enforcement agency.

       (4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

       (5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.

       (6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

       (7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

       (8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

       (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.

       (10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

       (11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

       Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

       Sec. 12. RCW 70.190.010 and 1996 c 132 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) "Administrative costs" means the costs associated with procurement; payroll processing; personnel functions; management; maintenance and operation of space and property; data processing and computer services; accounting; budgeting; auditing; indirect costs; and organizational planning, consultation, coordination, and training.

       (2) "Assessment" has the same meaning as provided in RCW 43.70.010.

       (3) "At-risk" children are children who engage in or are victims of at-risk behaviors.

       (4) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence.

       (5) "Community public health and safety networks" or "networks" means the organizations authorized under RCW 70.190.060.

       (6) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported by local residents.

       (7) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.

       (8) "Family policy council" or "council" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees, ((one)) two legislators from each caucus of the senate and house of representatives, and one representative of the governor.

       (9) "Fiduciary interest" means (a) the right to compensation from a health, educational, social service, or justice system organization that receives public funds, or (b) budgetary or policy-making authority for an organization listed in (a) of this subsection. A person who acts solely in an advisory capacity and receives no compensation from a health, educational, social service, or justice system organization, and who has no budgetary or policy-making authority is deemed to have no fiduciary interest in the organization.

       (10) "Outcome" or "outcome based" means defined and measurable outcomes used to evaluate progress in reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.

       (11) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a network. The network's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match. State general funds shall not be used as a match for violence reduction and drug enforcement account funds created under RCW 69.50.520.

       (12) "Policy development" has the same meaning as provided in RCW 43.70.010.

       (13) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.

       (14) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence.

       Sec. 13. RCW 70.190.060 and 1996 c 132 s 3 are each amended to read as follows:

       (1) The legislature authorizes community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks have only those powers and duties expressly authorized under this chapter. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.

       (2) A group of persons described in subsection (3) of this section may apply to be a community public health and safety network.

       (3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens who live within the network boundary with no fiduciary interest. In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations. The thirteen persons shall be selected as follows: Three by chambers of commerce, three by school board members, three by county legislative authorities, three by city legislative authorities, and one high school student, selected by student organizations. The remaining ten members shall live or work within the network boundary and shall include local representation selected by the following groups and entities: Cities; counties; federally recognized Indian tribes; parks and recreation programs; law enforcement agencies; state children's service workers; employment assistance workers; private social service providers, broad-based nonsecular organizations, or health service providers; and public education.

       (4) Each of the twenty-three people who are members of each community public health and safety network must sign an annual declaration under penalty of perjury or a notarized statement that clearly, in plain and understandable language, states whether or not he or she has a fiduciary interest. If a member has a fiduciary interest, the nature of that interest must be made clear, in plain understandable language, on the signed statement.

       (5) Members of the network shall serve terms of three years.

       The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.

       (((5))) (6) Not less than sixty days before the expiration of a network member's term, the chair shall submit the name of a nominee to the network for its approval. The network shall comply with subsection (3) of this section.

       (((6))) (7) Networks are subject to the open public meetings act under chapter 42.30 RCW and the public records provisions of RCW 42.17.270 through 42.17.310.

       Sec. 14. RCW 70.190.130 and 1996 c 132 s 8 are each amended to read as follows:

       (1) The council shall only disburse funds to a network after a comprehensive plan has been prepared by the network and approved by the council. In approving the plan the council shall consider whether the network:

       (a) Promoted input from the widest practical range of agencies and affected parties, including public hearings;

       (b) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;

       (c) Obtained a declaration by the largest health department within the network boundary, indicating whether the plan meets minimum standards for assessment and policy development relating to social development according to RCW 43.70.555;

       (d) Included a specific mechanism of data collection and transmission based on the rules established under RCW 43.70.555;

       (e) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development;

       (f) Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate of at-risk children and youth;

       (g) Integrated local programs that met the network's priorities and were deemed successful by the network;

       (h) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, dropping out of school, child abuse or neglect, and domestic violence; and

       (i) Held a public hearing on its proposed comprehensive plan and submitted to the council all of the written comments received at the hearing and a copy of the minutes taken at the hearing.

       (2) The council may establish a maximum amount to be expended by a network for purposes of planning and administrative duties((, that shall not, in total, exceed ten percent of funds available to a network)). The council shall determine, as needed, the appropriate maximum amount that can be spent by a network or group of networks on planning and administrative duties. This amount shall be determined after considering the size of the budgets of each network and giving consideration to setting a higher percentage for administrative and planning purposes in budgets for smaller networks and a smaller percentage of the budgets for administration and planning purposes in larger networks.

       (3) The council may determine that a network is not in compliance with this chapter if it fails to comply with statutory requirements. Upon a determination of noncompliance, the council may suspend or revoke a network's status or contract and specify a process and deadline for the network's compliance.

       NEW SECTION. Sec. 15. Section 10 of this act takes effect October 1, 1998."


MOTION


      Senator Zarelli moved that the following amendment by Senators Zarelli, Long, Hargrove and Kohl to the Committee on Human Services and Corrections striking amendment be adopted:

       On page 27, after line 12 of the amendment, insert the following:

       "NEW SECTION. Sec. 15. The legislature finds that it is critically important to the basic nurture, health, and safety of children that the state operate a state-wide program relating to child abuse and neglect that includes the creation of regional citizen review panels. The creation of these panels is intended to meet the federal requirements contained in the federal child abuse prevention and treatment act, 42 U.S.C. Sec. 5106a. Citizen review panels will enable community members to contribute to improving the policy and programs critical to the well-being of children and their families and to ensure that the state's plan for the prevention and investigation of child abuse and neglect is being carried out as intended by the legislature. It has been long-standing public policy in Washington that the family unit is a fundamental resource of American life which should be nurtured. Toward continuation of this principle, the legislature finds that through the performance of these panels, which are broadly representative of the community, knowledge of the policies and procedures of state and local agencies and an examination of specific cases will occur. From this an evaluation of the state-wide program to prevent child abuse and neglect will yield improvements that are in the best interest of children and families and further the principle that the family unit should remain intact, recognizing that the child's health and safety are paramount.

       NEW SECTION. Sec. 16. There are hereby created a minimum of six citizen review panels, at least one for each service delivery region of the department of social and health services. The department of community, trade, and economic development shall contract with a private nonprofit organization to serve as the administrator for and the appointing authority of the citizen review panels. The department or its contractor shall provide administrative coordination and support to the local citizen review panels and shall:

       (1) Recruit applicants through public service announcements in local radio, television, and newspapers of record and accept application on a first-come basis based on postmarked date of receipt;

       (2) Obtain background checks, screening applicants on the same suitability, character, and competence standards as required in RCW 74.15.130;

       (3) Select citizen review panel members for each region and establish basic requirements for participation;

       (4) Stagger the terms of membership on each panel so that there is always a quorum of members who have had at least six months' experience and have participated in at least two meetings of the panel;

       (5) Provide consultation and basic training to local panels as requested;

       (6) Compile and provide aggregate citizen review panel reports;

       (7) Consider recommendations of local teams; and

       (8) Ensure that they meet at least every three months.

       NEW SECTION. Sec. 17. The department shall ensure that the citizen review panels have been created no later than July 1, 1999.

       NEW SECTION. Sec. 18. (1) The citizen review panels shall have only those powers and duties expressly authorized under this chapter.

       (2) The citizen review panels must have access to all information from the department of social and health services, criminal justice agencies, law enforcement, schools, and medical providers, and other sources that have relevant information, including reports and records made and maintained by the department and its contracting agencies.

       (3) The panels shall receive, upon request and with the full assistance of the agency with the information, complete access to information on cases that the panel desires to review if such information is necessary for the panel to carry out its duties.

       (4) The citizen review panels must preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians. However, the state shall always have the right to refuse to disclose identifying information concerning the individual alleging suspected instances of child abuse or neglect. The state must make such information known to the citizen review panel only where a court orders such disclosure after such court has reviewed, in camera, the record of the state related to the report or complaint and has found it has reason to believe that the reporter knowingly made a false report.

       NEW SECTION. Sec. 19. The powers and duties of the citizen review panels are to:

       (1) Examine the policies and procedures of state agencies and, where appropriate, specific cases, to evaluate the extent to which the agencies are effectively discharging their child protection responsibilities according to the state law and the state plan required under 42 U.S.C. Sec. 5106a. These responsibilities may include a review of any of the following:

       (a) The extent to which the state agencies and community-based programs have developed the capacity to integrate shared leadership strategies between parents and professionals to prevent and treat child abuse and neglect at the neighborhood level;

       (b) Intake, assessment, and screening, and investigation processes for reports of child abuse and neglect;

       (c) Multidisciplinary teams and interagency protocols used to enhance child abuse and neglect investigations;

       (d) Legal preparation and representation of both children and families;

       (e) Case management and service delivery systems for children and families;

       (f) Risk and safety assessment tools and protocols;

       (g) Automation systems that support the program and track reports of child abuse and neglect from intake through final disposition, including information referral systems;

       (h) Training opportunities and requirements for individuals overseeing and providing services to children and their families through the child protective and child welfare systems;

       (i) Training protocols for individuals mandated to report child abuse and neglect;

       (j) Child abuse and neglect prevention, treatment, and research programs in the public and private sectors;

       (k) Information, education programs, and training programs to improve the provision of service to infants with chronic disabilities or life-threatening conditions;

       (l) Programs to assist in obtaining or coordinating necessary services for families of infants with disabilities or life-threatening conditions;

       (m) Coordination, to the maximum extent practicable with the state plan under part B, Title IV of the Social Security Act relating to child welfare services, including adoption, and family preservation and family support services.

       (2) Examine child protection standards set forth in the federal and state law, including but not limited to standards for reporting of known and suspected abuse and neglect, immediate screening, safety assessment, and prompt investigation, steps to protect the safety of abused or neglected children, immunity from prosecution for individuals who make good faith reports of suspected or known instances of abuse or neglect, methods to preserve confidentiality of records, provisions to allow for public disclosure of findings or information about cases of abuse and neglect that result in child fatality or near fatality, and the cooperation of law enforcement officials, courts of competent jurisdiction, and appropriate state agencies providing human services in the investigation, assessment, prosecution, and treatment of abuse and neglect;

       (3) Examine any other criteria that the panel considers important to ensure the protection of children, including a review of the extent to which the state child protective services system is coordinated with the foster care and adoption programs established under part E, Title IV of the Social Security Act.

       (4) Conduct a review of reports of child fatalities and near fatalities conducted under RCW 26.44.030.

       NEW SECTION. Sec. 20. There shall be at least one citizen review panel in each of the six department of social and health services' designated service delivery regions. Each panel shall have no more than seven volunteer members who are all permanent residents living in the region, who broadly represent the region in which each panel is established. Three members shall have professional or academic expertise in the prevention and treatment of child abuse and neglect. Four members shall be members of the public at large with no fiduciary interest in publicly funded social services. "Fiduciary interest" has the same meaning as defined in RCW 70.190.010. Volunteer members of the local citizen review panels shall serve for no longer than an eighteen-month period of time and can not serve again for a period of sixty months from the date they end their eighteen-month membership. The citizen review panel shall meet no less than once every three months to examine the policies and procedures of state and local agencies and, where appropriate in specific cases, evaluate the extent to which the agencies are effectively discharging their child protection responsibilities in accordance with applicable state law. The goal of the citizen review panels is to improve the child protective services system.

       NEW SECTION. Sec. 21. The department of community, trade, and economic development shall present proposed rules, policies, and procedures to the legislative children's oversight committee created in RCW 44.04.220 prior to implementation.

       NEW SECTION. Sec. 22. The citizen review panels shall employ staff as necessary which may include contracting for investigators only as necessary to assist the panel in fulfilling their responsibilities.

       NEW SECTION. Sec. 23. Members and staff and any staff on contract with the citizen review panel shall not disclose to any person or government official, other than the department of social and health services or the family and children's ombudsman, any identifying information about any specific child protection case with respect to which the panel is provided information and shall not make public other information unless authorized by state statute. A violation of this section is a civil penalty punishable by a fine not to exceed five thousand dollars per violation.

       NEW SECTION. Sec. 24. (1) The citizen review panels may examine any child abuse and neglect case referred to the panel.

       (2) Members of the legislature may refer child abuse and neglect cases, in writing, to the panel in the legislator's district for review. The panels may also receive written requests for review from the family and children's ombudsman and from the department of social and health services. No other entity or individual may refer cases to the citizen review panels.

       NEW SECTION. Sec. 25. (1) Notwithstanding any confidentiality laws, if the citizen review panel finds possible criminal activity, the panel shall turn the investigation and information over to the local prosecuting attorney in the county in which the case resides.

       (2) If the panel finds possible civil infractions, the panel shall turn the findings over to any interested citizen, if the conditions set forth in RCW 74.13.500 through 74.13.525 are met. The courts shall award attorney fees, costs, and triple damages, and may impose punitive damages if the citizens prevail in court.

       NEW SECTION. Sec. 26. (1) All powers, duties, and functions of the department of community, trade, and economic development pertaining to entering into and administering contracts and implementation of rules, policies, and procedures pursuant to sections 16 and 21 of this act are transferred to the office of the family and children's ombudsman. All references to the director or the department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the director or the office of the family and children's ombudsman when referring to the functions transferred in this section.

       (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of the family and children's ombudsman. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the office of the family and children's ombudsman. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of the family and children's ombudsman.

       (b) Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of the family and children's ombudsman.

       (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

       (3) All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of the family and children's ombudsman. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the family and children's ombudsman to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

       (4) All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of the family and children's ombudsman. All existing contracts and obligations shall remain in full force and shall be performed by the office of the family and children's ombudsman.

       (5) The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed before the effective date of this section.

       (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

       (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

       Sec. 27. RCW 44.04.220 and 1996 c 131 s 1 are each amended to read as follows:

       (1) There is created the legislative children's oversight committee for the purpose of monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children services and the placement, supervision, and treatment of children in the state's care or in state-licensed facilities or residences. The committee shall consist of three senators and three representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate. The house members of the committee shall be appointed by the speaker of the house. Not more than two members from each chamber shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.

       (2) The committee shall have the following powers:

       (a) Selection of its officers and adopt rules for orderly procedure;

       (b) Request investigations by the ombudsman of administrative acts;

       (c) Receive reports of the ombudsman;

       (d)(i) Obtain access to all relevant records in the possession of the ombudsman, except as prohibited by law; and (ii) make recommendations to all branches of government;

       (e) Request legislation;

       (f) Conduct hearings into such matters as it deems necessary.

       (3) Upon receipt of records from the ombudsman, the committee is subject to the same confidentiality restrictions as the ombudsman under RCW 43.06A.050.

       (4) The committee may also review any proposed rules, policies, or procedures relating to the citizen review panels created under section 16 of this act.

       Sec. 28. RCW 13.50.010 and 1997 c 386 s 21 and 1997 c 338 s 39 are each reenacted and amended to read as follows:

       (1) For purposes of this chapter:

       (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, members of the citizen review panels created under section 16 of this act, including the contracting agency, and the panel's staff and contractors, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

       (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

       (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

       (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

       (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

       (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

       (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

       (b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

       (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

       (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

       (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

       (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

       (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

       (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

       (9) Juvenile detention facilities shall release records to the sentencing guidelines commission under RCW 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

       (10) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombudsman.

       NEW SECTION. Sec. 29. Section 26 of this act takes effect January 1, 2001."

      Debate ensued.

POINT OF ORDER


      Senator Wojahn: “A point of order, Mr. President. I would question the scope and object of the amendment to the committee amendment.

This does not address itself to the particular items that the original bill addresses itself to and I don't think that it has any right to be in here.”       Debate ensued


MOTION


      On motion of Senator Johnson, further consideration of Substitute House Bill No. 2556 was deferred.


SECOND READING


      ENGROSSED HOUSE BILL NO. 1408, by Representatives Mielke, Sheahan, Doumit, Pennington, Mulliken, Sterk, Thompson, Dunn and Sullivan

 

Authorizing carrying of concealed pistols by certain persons from out of state.


      The bill was read the second time.


MOTION


      Senator Roach moved that the following Committee on Law and Justice amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9.41.050 and 1997 c 200 s 1 are each amended to read as follows:

       (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol issued under RCW 9.41.070, unless the person holds a valid permit or license issued by a state or local agency in another state authorizing the person to carry a concealed firearm.

       (b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction. This subsection applies also to a concealed pistol license issued in another state.

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

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

       (4) Violation of any of the prohibitions of subsections (2) and (3) of this section is a misdemeanor.

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

       Sec. 2. RCW 9.41.060 and 1996 c 295 s 5 are each amended to read as follows:

       The provisions of RCW 9.41.050 shall not apply to:

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

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

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

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

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

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

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

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

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

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


MOTION


      Senator Fairley moved that the following amendment to the Committee on Law and Justice striking amendment be adopted:

       On page 1, line 11 of the amendment, after "pistol" strike all material through "firearm." on line 14 and insert ". For purposes of this section, a license to carry a concealed pistol must be a valid license issued under RCW 9.41.070, or a valid permit or license issued under the law of another state or of a local jurisdiction of another state but only if the eligibility requirements for the issuance of the permit or license from the other state or local jurisdiction of another state are at least as restrictive as those under RCW 9.41.070. The attorney general shall make a determination as to which states' permits will be recognized in Washington and provide that list to every law enforcement agency within the state."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 1, line 11, to the Committee on Law and Justice striking amendment to Engrossed House Bill No. 1408.

      The motion by Senator Fairley failed and the amendment to the Committee on Law and Justice striking amendment was not adopted.



MOTION


      Senator Fairley moved that the f