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NINETY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, April 14, 1999

      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 Brown, Finkbeiner, Hargrove, Oke, Patterson, Rasmussen, Sellar and Wojahn. On motion of Senator Eide, Senators Brown, Rasmussen and Wojahn were excused.

      The Sergeant at Arms Color Guard consisting of Pages Joanna Eide and Lesly Glockner, presented the Colors. Reverend John Maxwell, retired pastor of the United Methodist Church in Sumner, offered the prayer.


MOTION


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


MESSAGE FROM THE HOUSE

April 13, 1999

MR. PRESIDENT:

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5171, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SECOND SUBSTITUTE SENATE BILL NO. 5171.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION


      On motion of Senator Prentice, Gubernatorial Appointment No. 9096, Paul R. Calderon, as a member of the Small Business Export Finance Assistance Center Board of Directors, was confirmed.


APPOINTMENT OF PAUL R. CALDERON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 5; Excused, 3.

      Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.      Absent: Senators Finkbeiner, Hargrove, Oke, Patterson and Sellar - 5.   Excused: Senators Brown, Rasmussen and Wojahn - 3.

MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9111, Judge Thomas Felnagle, as a member of the Sentencing Guidelines Commission, was confirmed.


APPOINTMENT OF JUDGE THOMAS FELNAGLE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 1; Absent, 3; Excused, 2.

     Voting yea: Senators Bauer, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.

     Voting nay: Senator Benton - 1.

     Absent: Senators Finkbeiner, Oke and Sellar - 3.

     Excused: Senators Brown and Rasmussen - 2.

 

MOTION


      On motion of Senator Deccio, Senators Finkbeiner, Oke and Sellar were excused.


SECOND READING


      HOUSE BILL NO. 1042, by Representatives Dunn, Wolfe and Romero (by request of Department of Information Services)

 

Exempting certain computer software from public inspection.


      The bill was read the second time.


MOTION


      On motion of Senator Goings, the rules were suspended, House Bill No. 1042 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. 1042.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1042 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.

     Absent: Senator Snyder - 1.

     Excused: Senators Brown, Finkbeiner, Oke, Rasmussen and Sellar - 5.

      HOUSE BILL NO. 1042, 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 Costa, Senator Goings was excused.


MOTION


      On motion of Senator Eide, Senator Franklin was excused.


SECOND READING

 

      SENATE JOINT MEMORIAL NO. 8013, by Senators T. Sheldon, Rasmussen, Horn and Sheahan

 

Requesting federal assistance for areas of Washington that received record rainfall this winter.


MOTION


      On motion of Senator Tim Sheldon, Senate Joint Memorial No. 8013 was not substituted.


      The joint memorial was read the second time.


MOTION


      Senator Tim Sheldon moved that the following striking amendment by Senators Tim Sheldon, Fraser and Snyder be adopted:

       On page 1, after line 4 strike the remainder of the memorial and insert the following:

       "We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

       WHEREAS, Parts of Western Washington received the highest amount of rainfall in state history between the months of November and February, raining for ninety-one consecutive days and producing over fifty-five inches of rain in King County; and

       WHEREAS, Parts of the Olympic Peninsula, i.e., Lilliwaup, received over one hundred fourteen inches of rain in a four-month period; and

       WHEREAS, Sixty-one homes have been damaged and twenty-six homes are uninhabitable in the area known as Carlyon Beach in Thurston County, with property losses estimated at over ten million dollars; and

       WHEREAS, Ground water flooding and landslides in Thurston County have directly impacted at least seven hundred and sixty-five residents, many of whom are elderly or have special needs; and

       WHEREAS, A landslide in the Aldercrest neighborhood in Cowlitz County has damaged one hundred and thirty-seven homes to date, and at least fifty additional homes are threatened; and

       WHEREAS, Ground water problems will cost over two million dollars to repair and currently no water or sewer systems are in operation; and

       WHEREAS, Shoreline bulkheads are failing, and public facilities expenses are estimated at one million dollars, excluding the cost of geotechnical assistance; and

       WHEREAS, Washington State Department of Transportation estimates of highway damages reach eleven million two hundred two thousand dollars, and ten million dollars of those damages are in Mason County alone; and

       WHEREAS, Local government estimates of damages to county roads and city streets reach seven million three hundred ninety-two thousand four hundred thirty-five dollars; and

       WHEREAS, Governor Locke's emergency proclamation now includes six western counties and directs state government to support emergency response activities as needed around the state and authorizes the Washington Military Department and its Emergency Management Division to coordinate state agencies in the affected areas; and

       WHEREAS, County officials are continuing to assess damages to determine sufficient damage for justification of federal assistance; and

       WHEREAS, When damage from an event is so great it is beyond the capability of local and state government to repair, the Governor can ask the President to declare a disaster, thus making a variety of federal disaster assistance programs available to help restore communities to their predisaster condition; and

       WHEREAS, The federal disaster assistance programs available may include housing and relocation assistance, individual and family grants, funding to restore public infrastructure and roads, tax exemptions for the relocation of evacuated citizens, funding for geotechnical studies to prevent future damage, and hazard mitigation;

       NOW, THEREFORE, Your Memorialists respectfully pray that if the Governor requests federal assistance, the President and the Federal Emergency Management Agency will respond favorably to the request and authorize the needed maximum available disaster recovery support to address the needs of Washington's citizens devastated by the record rainfall.

       BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Tim Sheldon, Fraser and Snyder to Senate Joint Memorial No. 8013.

      The motion by Senator Tim Sheldon carried and the amendment was adopted.


MOTION


      On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Senate Joint Memorial No. 8013 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Memorial No. 8013.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8013 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Excused: Senators Franklin, Goings, Rasmussen and Sellar - 4.

      ENGROSSED SENATE JOINT MEMORIAL NO. 8013, having received the constitutional majority, was declared passed.


SECOND READING


      HOUSE JOINT MEMORIAL NO. 4006, by Representatives Fisher, K. Schmidt, Mitchell, Radcliff, Skinner, Hankins, Wood, Cooper and Ogden

 

Requesting the Transportation Commission to update the system of Highways of Statewide Significance.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, House Joint Memorial Bill No. 4006 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4006.


ROLL CALL


      The Secretary called the roll on the final passage of House Joint Memorial No. 4006 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Absent: Senator Deccio - 1.

     Excused: Senators Franklin, Rasmussen and Sellar - 3.

      HOUSE JOINT MEMORIAL NO. 4006, having received the constitutional majority, was declared passed.


MOTION


      On motion of Senator Patterson, Senators Eide and Prentice were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1774, by House Committee on Transportation (originally sponsored by Representatives Wolfe, Romero, Tokuda, Stensen, D. Schmidt, Ogden, Gombosky, Keiser, Dickerson and Santos)

 

Regulating occupational drivers' licenses.


      The bill was read the second time.


MOTION


      Senator Heavey moved that the following Committee on Judiciary striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.20.391 and 1998 c 209 s 4 and 1998 c 207 s 9 are each reenacted and amended to read as follows:

       (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or who has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a), may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504 or pursuant to RCW 46.20.3101 (2)(a) or (3)(a). A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

       (2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license if the applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:

       (i) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;

       (ii) The applicant presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect no longer than fourteen days;

       (iii) The applicant is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; or

       (iv) The applicant is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous.

       (b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation but not more than two years.

       (c) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.

       (3) An applicant for an occupational driver's license is eligible to receive such license only if:

       (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

       (b) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and

       (c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle, except as allowed under subsection (2)(a) of this section; and

       (d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

       (((3))) (4) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

       Sec. 2. RCW 46.20.394 and 1983 c 165 s 26 are each amended to read as follows:

       In issuing an occupational driver's license under RCW 46.20.391, the department shall describe the type of occupation permitted and shall set forth in detail the specific hours of the day during which the person may drive to and from his place of work, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational driver's license under RCW 46.20.391(2)(a)(iii), the department shall set forth in detail the specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.

       NEW SECTION. Sec. 3. This act takes effect January 1, 2000."


MOTION


      On motion of Senator Heavey, the following amendment by Senators Heavey and Johnson to the Committee on Judiciary striking amendment was adopted:

      On page 2, line 13 of the amendment, after "(b)" insert "If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.

       (c)"

       Reletter the remaining subsections consecutively and correct any internal references accordingly.

      The President declared the question before the Senate to be the adoption of the Committee on Judiciary striking amendment, as amended, to Substitute House Bill No. 1774.

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


MOTIONS


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

       On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.394; reenacting and amending RCW 46.20.391; and providing an effective date."

      On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 1774, 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. 1774, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1774, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 3; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

     Voting nay: Senator Roach - 1.

     Absent: Senators Deccio, Haugen and Kohl-Welles - 3.

     Excused: Senators Eide, Franklin and Prentice - 3.

      SUBSTITUTE HOUSE BILL NO. 1774, 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 Bauer, the following resolution was adopted:


SENATE RESOLUTION 1999-8656

By Senator Bauer


      WHEREAS, Education in the arts is a federally recognized priority in public education as evidenced by the Gaining the Arts Advantage Program; and

      WHEREAS, Application for, selection as, and participation in the program requires a sustained commitment to arts education as a core curriculum in all schools, a record of student achievement in the arts, evidence of advanced programs, and funding for teachers, materials, and facilities; and

      WHEREAS, The Vancouver Washington School District has actively participated as a case-study school district in a study performed for the President's Committee on the Arts and Humanities and the Arts Education Partnership; and

      WHEREAS, The interrelating factors that contribute to strong, district-wide arts education include: A community consensus that enables a school board and administration to fund arts education; central office leadership and a cadre of building principals who see the arts as a core school subject; strong arts teachers who practice their art inside and outside the school; and an active presence of community arts and cultural organizations in the district's schools, including utilization of school performing arts venues; and

      WHEREAS, Dr. James Parsley, Superintendent of the Vancouver School District, the school board and administration, the teachers, the parents, the students, and the Vancouver community and arts community conceived and implemented a plan for establishing arts education as a core subject in all schools and involving the community in that enterprise;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and honor the Vancouver School District and community for exemplary participation in establishing the arts as an integral part of education and community in Vancouver; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Vancouver School District.


      Senators Bauer and McAuliffe spoke to Senate Resolution 1999-8656.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Superintendent Dr. Jim Parsley, Principal Deb Brooks and students Eric Nordstrom and Erin Starkey, all representing the Vancouver Washington School of Arts and Academics, who were seated in the gallery.


MOTION


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


SENATE RESOLUTION 1999-8663


By Senators Rasmussen, Morton and Spanel


      WHEREAS, In 1957, the Washington State Legislature designated Washington Arbor Day to be celebrated by the citizens of the state of Washington on the second Wednesday in April of each year (RCW 1.20.060); and

      WHEREAS, The state of Washington is called the Evergreen State because of its abundant trees and plants; and

      WHEREAS, Nurseries, orchards, tree farms, public and private forests, horticulturists, and home orchards and gardens all add to the beauty and vigor of our state; and

      WHEREAS, Reforesting our land plays a vital role in the continued economic well-being of the state of Washington;

      WHEREAS, There is renewed interest in increasing the abundance of trees and shrubs along the state’s rivers and streams as a means to improve habitat of salmonids;

      NOW, THEREFORE BE IT RESOLVED, That the Senate celebrate April 14, 1999, as Washington Arbor Day, and encourage residents to plant a tree and celebrate this day as a day to plant and nurture trees and all plant life in Washington.


      Senators Rasmussen, Morton, Spanel, Hargrove and Jacobsen spoke to Senate Resolution 1999-8663.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Bruce Briggs, his wife Doris and son Gary, all representing Briggs Nursery, who were seated in the gallery.


MOTION


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



SENATE RESOLUTION 1999-8640


By Senator Eide


      WHEREAS, The Federal Way Fire Department, in 1999, celebrates fifty years of service to their community; and

      WHEREAS, In 1949, the Federal Way Fire Department served the area with twenty-one volunteer firemen with one fire engine stored in a barn; and

      WHEREAS, Fifty years later the Department serves 100,000 people from seven fire stations with 149 members serving twenty-four hours a day; and

      WHEREAS, Services provided to the community have expanded to include fire suppression, emergency medical response, hazardous materials response and special rescue operations; and

      WHEREAS, Federal Way residents have benefitted from a continual decline in the number of fires and fire related injuries through the Department’s dedicated efforts in fire prevention, disaster preparedness and safety education; and

      WHEREAS, In 1978, the Department pioneered a major advance in emergency medical services as Federal Way Firefighters-EMTs became the first in the nation to use defibrillators to treat heart patients at emergency scenes; and

      WHEREAS, In 1986, the Federal Way Fire Department became the first fire district in the state to earn a Class 3 Fire Insurance Rating that allowed businesses and homeowners to enjoy lower fire insurance costs;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate acknowledge and honor the men and women of the Federal Way Fire Department, whose dedication, professionalism and courage have helped contribute to the safety and well-being of the community they serve, and the general well-being of our citizens; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Federal Way Fire Department Administrator Jim Hamilton and Chief Al Church.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Federal Way Fire Department, who were seated in the gallery.


MOTION


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


SECOND READING


      HOUSE BILL NO. 1561, by Representatives Schoesler, Grant, McMorris, Mastin, G. Chandler, Lisk, Parlette, Mulliken, Delvin and Cox

 

Allowing solid rubber tires on farm machinery.


      The bill was read the second time.


MOTION


      On motion of Senator Goings, the rules were suspended, House Bill No. 1561 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. 1561.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1561 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Absent: Senators Kohl-Welles and McDonald - 2.

     Excused: Senator Franklin - 1.

      HOUSE BILL NO. 1561, 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 Honeyford, Senator Rossi was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1558, by House Committee on Transportation (originally sponsored by Representatives Mitchell, Hatfield, McDonald, Poulsen, Bush, Constantine and Radcliff) (by request of Washington State Patrol)



 

Tightening requirements for release of impounded vehicles.


      The bill was read the second time.


MOTION


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

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.55.120 and 1998 c 203 s 5 are each amended to read as follows:

       (1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, or 46.55.113 may be redeemed only under the following circumstances:

       (a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (b) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded. An agency may issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.

       If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (b) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.

       (b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420 and was being operated by the registered owner when it was impounded, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or a court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.

       (2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.

       (b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment.

       (3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.

       (b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.

       (c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.

       (d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.

       (e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:


 

TO: . . . . . .

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.

DATED this . . . . day of . . . . . ., (year) . . .

                                                             Signature .. . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                 Typed name and address

                                                                                                 of party mailing notice


       (4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees."


MOTIONS


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

       On page 1, line 1 of the title, after "vehicles;" strike the remainder of the title and insert "and amending RCW 46.55.120."

      On motion of Senator Goings, the rules were suspended, Substitute House Bill No. 1558, 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. 1558, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1558, 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 Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

     Absent: Senator Snyder - 1.

     Excused: Senators Franklin and Rossi - 2.

      SUBSTITUTE HOUSE BILL NO. 1558, 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. 1264, by Representatives D. Schmidt, Scott, Mulliken, Fisher, Quall, Wolfe and Schoesler

 

Making corrections regarding combining water-sewer districts.


      The bill was read the second time.


MOTION


      On motion of Senator Patterson, the rules were suspended, Engrossed House Bill No. 1264 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. 1264.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 1264 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Franklin and Rossi - 2.

      ENGROSSED HOUSE BILL NO. 1264, 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. 2261, by Representatives Reardon, Cairnes and Santos (by request of Department of Revenue)

 

Clarifying the phrase "services rendered in respect to constructing" for business and occupation tax purposes.


      The bill was read the second time.





MOTION


      On motion of Senator Snyder, the rules were suspended, House Bill No. 2261 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. 2261.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2261 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

       Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.       Voting nay: Senator Finkbeiner - 1.              Excused: Senators Franklin and Rossi - 2.    HOUSE BILL NO. 2261, 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. 1761, by Representatives Talcott, Carrell, Rockefeller, Wensman, Stensen, Thomas, Fortunato, Mulliken, Haigh, Schoesler, Bush and Esser

 

Increasing the number of hours retired teachers and administrators can serve as substitute teachers or administrators without a reduction in benefits.


      The bill was read the second time.


MOTION


      Senator McAuliffe moved that the following Committee on Education striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 41.32.570 and 1997 c 254 s 5 are each amended to read as follows:

       (1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every seven hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

       (b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours per month. Any monthly benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

       (2) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state and who has satisfied the break in employment requirement of subsection (1) of this section shall cease to receive pension payments while engaged in such service: PROVIDED, That service may be rendered up to five hundred twenty-five hours per school year without reduction of pension.

       (3) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired teacher or retired administrator may also serve only as a substitute teacher for up to an additional ((one hundred five)) three hundred fifteen hours per school year without reduction of pension if:

       (a) A school district, which is not a member of a multidistrict substitute cooperative, determines that it has exhausted or can reasonably anticipate that it will exhaust its list of qualified and available substitutes and the school board of the district adopts a resolution to make its substitute teachers who are retired teachers or retired administrators eligible for the ((additional one hundred five hours of)) extended service once the list of qualified and available substitutes has been exhausted. The resolution by the school district shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection; or

       (b) A multidistrict substitute cooperative determines that the school districts have exhausted or can reasonably anticipate that they will exhaust their list of qualified and available substitutes and each of the school boards adopts a resolution to make their substitute teachers who are retired teachers or retired administrators eligible for the extended service once the list of qualified and available substitutes has been exhausted. The resolutions by each of the school districts shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolutions shall be valid only for the school year in which they are adopted. The cooperative shall forward a copy of the resolutions with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection.

       (4) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired administrator or retired teacher may also serve as a substitute administrator up to an additional one hundred five hours per school year without reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired administrator or retired teacher are necessary because it cannot find a replacement administrator to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired administrator or retired teacher who has been employed as a substitute administrator to the department. ((However, a retired administrator or retired teacher may not serve more than a total of one hundred five additional hours per school year pursuant to subsections (3) and (4) of this section.))

       (5) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section and the one hundred five hours permitted under subsection (4) of this section, a retired principal may also serve as a substitute principal up to an additional two hundred ten hours per school year without a reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired principal are necessary because it cannot find a replacement principal to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired principal who has been employed as a substitute principal to the department.

       (6) Subsection (2) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall apply only to benefits payable after June 11, 1986.

       (((6))) (7) Subsection (3) of this section shall apply to all persons governed by the provisions of plan I, regardless of the date of their retirement, but shall only apply to benefits payable after September 1, 1994."





MOTION


       Senator Hochstatter moved that the following amendments by Senators Hochstatter, Stevens and Zarelli to the Committee on Education striking amendment be considered simultaneously and be adopted:

       On page 2, line 27 of the amendment, after "(4)" insert "A retired state employee may serve up to five hundred twenty five hours as a substitute teacher per school year without receiving a reduction in pension if:

       (a) A school district on behalf of an individual candidate applies to the superintendent of public instruction for the issuance of an alternate substitute certificate; and

       (b) The superintendent of public instruction issues the alternate substitute teacher certificate.

       (c) The superintendent of public instruction shall issue the alternate substitute teacher certificate if the individual is a retired person and has at least two years' work experience with the state relevant to the subject area or areas that the school district is experiencing a shortage of substitutes to teach.

       (d)(i)The alternate teacher certificate under this subsection allows the holder full authority to serve as a substitute teacher. The certificate shall be valid for not more than two years of substitute teaching.

       (ii) The alternate teacher certificate shall allow the holder to provide instructional services to students in any of the grades in middle school, junior high school, and high school and teach only the subject or subjects approved by the local school board of directors and designated on the alternate teacher certificates.

       (e) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to administer the alternate certification process under this subsection (4).

       (5)"

       On page 3, beginning on line 2 of the amendment, after "this" strike all material through "(5)" on line 3 and insert "section.

       (5))) (6)"

       On page 3, line 5 of the amendment, after "subsection" strike "(4)" and insert "(5)"

       On page 3, at the beginning of line 15 of the amendment, strike "(6)" and insert "(7)"

       On page 3, line 19 of the amendment, after "(((6)))" strike "(7)" and insert "(8)"

      Debate ensued.


MOTION


      On motion of Senator Betti Sheldon, further consideration of House Bill No. 1761 was deferred.


MOTION


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

 

PARLIAMENTARY INQUIRY


      Senator West: “Mr. President, a parliamentary inquiry. I would request that the President remind the members of Reed's Rule 212 which states specifically that a member must not allude to any other member by name, but by some descriptive expression like, 'The gentleman from the Fourth District who last addressed the assembly,' etc. My earlier session comment, I think, could be relevant again.”


REPLY BY THE PRESIDENT


      President Owen: “Senator West, your point is well taken. As a matter of fact, I have noticed in the last couple of days that not only is there referencing of names, but first names. Heaven forbid! Please, if the members would be careful in referencing other members and how they go about doing that.”


PERSONAL PRIVILEGE


      Senator McCaslin: “A point of personal privilege, Mr. President. I have talked to the majority leader about this rule. There is a rule-- I haven't looked it up yet--which is debatable. The gentlemen from the Sixth District and I don't want to get into a big debate about it, but there is a rule that would allow us to address our Senators by name, which is much easier. Those folks in the gallery--how many of you up there know who the Sixth District's Senator is?”


RULING BY THE PRESIDENT


      President Owen: “Senator McCaslin, you are violating the rules by referencing people in the gallery.”

      Senator McCaslin: “I know I can't talk to the gallery. I was talking to the security man up there.”

      President Owen: “Senator McCaslin, you are out of order.”

      Senator McCaslin: “I agree with you, I am out of order, but I am most of the time. I really think this is more of a personal body than the other body and I think it is only right that we address each other by name as long as we are polite and we are not impugning any motives. It is the easiest thing to say, 'Senator McDonald,' rather than the 'Senator from the Twenty-eighth District.' I just think it is a matter of getting the thing in motion and getting things done, rather than trying to remember what district anyone is from. I don't even know--I'm from the fourth--I just remembered.

      “Let's be civil and let's be fair and let's run this body like a friendship body which it is. I don't think calling people by numbers--we might go to Social Security numbers--which would even be worse. Hopefully, the majority leader and the Republican leader would get together and change the rule, because they have that right in Reed's Rules and in the Senate Rules. We hear this all time about names and you are right, I shouldn't call anybody by their first name. That is because I know them and I like them. The Senator from --I don't know what district he is from--but he runs that caucus over there and this one here get together and get that rule changed.”

      Further debate ensued.



PERSONAL PRIVILEGE


      Senator Roach: “A point of personal privilege, Mr. President. I think until we get this resolved that we should have a little list here of the names of the Senators and their districts. While most of us know the districts around our area--I can turn to the Senator that sits right here, whose name I can't use, but I don't know what district he is from. He is from the Clark County area and I just don't know the district number. I was hoping that we could have something that is readable--that those of us who are still working without the cheater glasses--can read and that we could be able to carry on the work of the day. I will point out, Mr. President, that on many occasions for the last years that I have been here, it has been fair game to turn to someone and say, 'Senator--giving the name--will you yield to a question,' and no one has ever said, 'Senator Roach--or the rest of us--you cannot ask the Senator directly to yield to a question, you have to use their district number.' So, we have not even been consistent in the way we are applying the rule.”

      Further debate ensued.


PERSONAL PRIVILEGE


      Senator McCaslin: “A point of personal privilege. We do not obey every rule in the book. Let me point out something that we do incorrectly. It says, ' When a Senator is called to task for impugning the motives of another Senator'--and he is according to your ruling-- impugning the motives--the book says he is to sit down until the body approves that he can speak further and you allow him to speak further. That rule is never enforced, because someone has been taken to task and they remain standing and continue. So, we don't go down those rules, rule by rule, and obey them. I think we waste so much time on this. A simple agreement between the two people here and the majority and minority leaders will solve this problem and the Senator from the Sixth won't continue to get up and remind us that we are not allowed to use names. Thank you.”

      Further debate ensued.


REPLY BY THE PRESIDENT


      President Owen: “The President would just like to inform members that he has exercised discretion in this matter over the years as have the two previous Presidents of the Senate--Lieutenant Governors--as my recollection serves me--and had intended to do so. But, when a member brings a rule to the attention of the President and it is the will of the body to have it enforced, then I am forced to do that until you change the rule. So, I would encourage you to carry this debate on outside the floor, so that we can complete the business of the Senate.”


MOTION


      On motion of Senator Betti Sheldon, the following resolution was adopted:


SENATE RESOLUTION 1999-8665


By Senator B. Sheldon


      WHEREAS, On March 13, 1999, the Spartans from Bainbridge Island High School won the State Girls’ 3A Basketball Championship for the first time since back-to-back titles in 1987 and 1988; and

      WHEREAS, The Bainbridge Island players exemplify the very best in student sports by working together on the court, playing basketball with patience, skill, and teamwork; and

      WHEREAS, The Kingdome championship venue rang with the echos of what seemed to be the entire Island of Bainbridge who traveled across the waters of the Puget Sound to support their team; and

      WHEREAS, These student athletes achieved their championship goal by understanding and practicing the values of community, mutual support, and collective effort; and

      WHEREAS, Under the leadership of head coach Penny Gienger, a woman who pulled the team together after early season setbacks, the athletes learned the importance of discipline, goal-setting, leadership, fitness, and pride;

      NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate honor and give tribute to the achievement reached by the student athletes and coaches at Bainbridge Island High School — the 1999 Girls’ 3A State Basketball Champions; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit a copy of this resolution to Bainbridge Island High School.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Bainbridge Island State Girls' 3A Basketball Team who were seated in the gallery.


MOTION


      At 10:51 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 2:13 p.m. by President Owen.


MOTION


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


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Patterson, Gubernatorial Appointment No. 9070, Marsha Tadano Long, as Director of the Department of General Administration, was confirmed.

      Senators Patterson and Betti Sheldon spoke to the confirmation of Marsha Tadano Long as Director of the Department of General Administration.


APPOINTMENT OF MARSHA TADANO LONG


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

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McCaslin, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 42.

     Absent: Senators Long, McAuliffe, McDonald, Morton, Roach, Thibaudeau and West - 7.

 

MOTIONS


      On motion of Senator Franklin, Senator Thibaudeau was excused.

      On motion of Senator Eide, Senator McAuliffe was excused.


MOTION


      On motion of Senator Franklin, Gubernatorial Appointment No. 9204, John I. McGinnis, Jr., as a member of the Work Force Training and Education Coordinating Board, was confirmed.


APPOINTMENT OF JOHN I. McGINNIS, JR.


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 2; Absent, 3; Excused, 2.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Wojahn - 42.

     Voting nay: Senators Benton and Zarelli - 2.

     Absent: Senators Kline, McDonald and Sellar - 3.

     Excused: Senators McAuliffe and Thibaudeau - 2.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1219, by House Committee on Appropriations (originally sponsored by Representatives Ogden, Carlson, Conway, Doumit, D. Schmidt, Lantz and Parlette)

 

Changing relief and retirement pension provisions under chapter 41.24 RCW.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Goings, the rules were suspended, Substitute House Bill No. 1219 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. 1219.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1219 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

     Absent: Senator Finkbeiner - 1.

      SUBSTITUTE HOUSE BILL NO. 1219, 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. 1544, by Representatives O'Brien, Ballasiotes, Kastama, Cairnes and Keiser (by request of Sentencing Guidelines Commission)

 

Making corrections to sentencing laws.

 

      The bill was read the second time.

 

MOTION

 

      Senator Costa moved that the following Committee on Judiciary striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9.94A.040 and 1997 c 365 s 2 and 1997 c 338 s 3 are each reenacted and amended to read as follows:

       (1) A sentencing guidelines commission is established as an agency of state government.

       (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

       (a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

       (i) The purposes of this chapter as defined in RCW 9.94A.010; and

       (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

       The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

       (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

       (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification;

       (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

       (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

       (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;

       (g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

       (h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

       (i) Racial disproportionality in juvenile and adult sentencing;

       (ii) The capacity of state and local juvenile and adult facilities and resources; and

       (iii) Recidivism information on adult and juvenile offenders.

       (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

       (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

       (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

       (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except that for murder in the second degree in seriousness ((category XIII)) level XIV under RCW 9.94A.310, the minimum term in the range shall be no less than fifty percent of the maximum term in the range; and

       (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

       (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

       Sec. 2. RCW 9.94A.310 and 1998 c 235 s 1 and 1998 c 211 s 3 are each reenacted and amended to read as follows:

       (1)                                                                                                        TABLE 1

 

Sentencing Grid

 

SERIOUSNESS

((SCORE))

LEVEL                                                                            OFFENDER SCORE

                                                                                                                                                                                                                    9 or

                     0                   1                   2                   3                   4                   5                   6                   7                   8                   more

                                                                                                                                                                                                                                                        

((XV))

XVI              Life Sentence without Parole/Death Penalty

                                                                                                                                                                                                                                                        

((XIV))

XV               23y4m          24y4m          25y4m          26y4m          27y4m          28y4m          30y4m          32y10m        36y               40y

                     240-             250-             261-             271-             281-             291-             312-             338-             370-             411-

                     320               333               347               361               374               388               416               450               493               548

                                                                                                                                                                                                                                                        

((XIII))

XIV              14y4m          15y4m          16y2m          17y               17y11m        18y9m          20y5m          22y2m          25y7m 29y

                     123-             134-             144-             154-             165-             175-             195-             216-             257-             298-

                     220               234               244               254               265               275               295               316               357               397

                                                                                                                                                                                                                                                        

XIII              12y               13y               14y               15y               16y               17y               19y               21y               25y               29y

                     123-             134-             144-             154-             165-             175-             195-             216-             257-             298-

                     164               178               192               205               219               233               260               288               342               397

                                                                                                                                                                                                                                                        

XII               9y                 9y11m          10y9m          11y8m          12y6m          13y5m          15y9m          17y3m          20y3m          23y3m

                     93-               102-             111-             120-             129-             138-             162-             178-             209-             240-

                     123               136               147               160               171               184               216               236               277               318

                                                                                                                                                                                                                                                        

XI                 7y6m            8y4m            9y2m            9y11m          10y9m          11y7m          14y2m          15y5m          17y11m        20y5m

                     78-               86-               95-               102-             111-             120-             146-             159-             185-             210-

                     102               114               125               136               147               158               194               211               245               280

                                                                                                                                                                                                                                                        

X                  5y                 5y6m            6y                 6y6m            7y                 7y6m            9y6m            10y6m          12y6m          14y6m

                     51-               57-               62-               67-               72-               77-               98-               108-             129-             149-

                     68                 75                 82                 89                 96                 102               130               144               171               198

                                                                                                                                                                                                                                                        

IX                 3y                 3y6m            4y                 4y6m            5y                 5y6m            7y6m            8y6m            10y6m          12y6m

                     31-               36-               41-               46-               51-               57-               77-               87-               108-             129-

                     41                 48                 54                 61                 68                 75                 102               116               144               171

                                                                                                                                                                                                                                                        

VIII              2y                 2y6m            3y                 3y6m            4y                 4y6m            6y6m            7y6m            8y6m            10y6m

                     21-               26-               31-               36-               41-               46-               67-               77-               87-               108-

                     27                 34                 41                 48                 54                 61                 89                 102               116               144

                                                                                                                                                                                                                                                        

VII               18m              2y                 2y6m            3y                 3y6m            4y                 5y6m            6y6m            7y6m            8y6m

                     15-               21-               26-               31-               36-               41-               57-               67-               77-               87-

                     20                 27                 34                 41                 48                 54                 75                 89                 102               116

                                                                                                                                                                                                                                                        

VI                 13m              18m              2y                 2y6m            3y                 3y6m            4y6m            5y6m            6y6m            7y6m

                     12+-             15-               21-               26-               31-               36-               46-               57-               67-               77-

                     14                20                 27                 34                 41                 48                 61                 75                 89                 102

                                                                                                                                                                                                                                                        

V                  9m                13m              15m              18m              2y2m            3y2m            4y                 5y                 6y                 7y

                     6-                 12+-             13-               15-               22-               33-               41-               51-               62-               72-

                     12                 14                 17                 20                 29                 43                 54                 68                 82                 96

                                                                                                                                                                                                                                                        

IV                 6m                9m                13m              15m              18m              2y2m            3y2m            4y2m            5y2m            6y2m

                     3-                 6-                 12+-             13-               15-               22-               33-               43-               53-               63-

                     9                   12                 14                 17                 20                 29                 43                 57                 70                 84

                                                                                                                                                                                                                                                        

III                 2m                5m                8m                11m              14m              20m              2y2m            3y2m            4y2m            5y

                     1-                 3-                 4-                 9-                 12+-             17-               22-               33-               43-               51-

                     3                   8                   12                 12                 16                 22                 29                 43                 57                 68

                                                                                                                                                                                                                                                        

II                                       4m                6m                8m                13m              16m              20m              2y2m            3y2m            4y2m

                     0-90             2-                 3-                 4-                 12+-             14-               17-               22-               33-               43-

                     Days             6                   9                   12                 14                 18                 22                 29                 43                 57

                                                                                                                                                                                                                                                        

I                                                              3m                4m                5m                8m                13m              16m              20m              2y2m

                     0-60             0-90             2-                 2-                 3-                 4-                 12+-             14-               17-               22-

                     Days             Days             5                   6                   8                   12                 14                18                 22                 29

                                                                                                                                                                                                                                                        

 

NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

     (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

     (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

     (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

     (b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

     (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

     (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.

     (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter.

     (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

     (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

     (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

     (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

     (b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

     (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

     (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.

     (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter.

     (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

     (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

     (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:

     (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;

     (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);

     (c) Twelve months for offenses committed under RCW 69.50.401(d).

     For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

     (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.

     (7) An additional two years shall be added to the presumptive sentence for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.

     Sec. 3. RCW 9.94A.320 and 1998 c 290 s 4, 1998 c 219 s 4, 1998 c 82 s 1, and 1998 c 78 s 1 are each reenacted and amended to read as follows:

                                                                                                                    TABLE 2

 

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

((XV))

XVI                Aggravated Murder 1 (RCW 10.95.020)

((XIV))

XV                 Murder 1 (RCW 9A.32.030)

                       Homicide by abuse (RCW 9A.32.055)

                       Malicious explosion 1 (RCW 70.74.280(1))

((XIII))

XIV                Murder 2 (RCW 9A.32.050)

XIII                Malicious explosion 2 (RCW 70.74.280(2))

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

XII                 Assault 1 (RCW 9A.36.011)

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

                       Rape 1 (RCW 9A.44.040)

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

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

 XI                 Rape 2 (RCW 9A.44.050)

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

                       Manslaughter 1 (RCW 9A.32.060)

  X                  Kidnapping 1 (RCW 9A.40.020)

                       Child Molestation 1 (RCW 9A.44.083)

                       Malicious explosion 3 (RCW 70.74.280(3))

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

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

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

                       Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

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

                       Robbery 1 (RCW 9A.56.200)

                       Explosive devices prohibited (RCW 70.74.180)

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

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

                       Controlled Substance Homicide (RCW 69.50.415)

                       Sexual Exploitation (RCW 9.68A.040)

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

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

                       Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 88.12.029)

VIII                Arson 1 (RCW 9A.48.020)

                       Promoting Prostitution 1 (RCW 9A.88.070)

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

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

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

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

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

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

                       Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 88.12.029)

                       Manslaughter 2 (RCW 9A.32.070)

VII                 Burglary 1 (RCW 9A.52.020)

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

                       Homicide by Watercraft, by disregard for the safety of others (RCW 88.12.029)

                       Introducing Contraband 1 (RCW 9A.76.140)

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

                       Child Molestation 2 (RCW 9A.44.086)

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

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

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

                       Drive-by Shooting (RCW 9A.36.045)

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

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

 VI                 Bribery (RCW 9A.68.010)

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

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

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

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

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

                       Intimidating a Judge (RCW 9A.72.160)

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

                       Theft of a Firearm (RCW 9A.56.300)

 

  V                  Persistent prison misbehavior (RCW 9.94.070)

                       Criminal Mistreatment 1 (RCW 9A.42.020)

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

                       Rape 3 (RCW 9A.44.060)

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

                       Child Molestation 3 (RCW 9A.44.089)

                       Kidnapping 2 (RCW 9A.40.030)

                       Extortion 1 (RCW 9A.56.120)

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

                       Perjury 1 (RCW 9A.72.020)

                       Extortionate Extension of Credit (RCW 9A.82.020)

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

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

                       Rendering Criminal Assistance 1 (RCW 9A.76.070)

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

                       Sexually Violating Human Remains (RCW 9A.44.105)

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

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

 IV                 Residential Burglary (RCW 9A.52.025)

                       Theft of Livestock 1 (RCW 9A.56.080)

                       Robbery 2 (RCW 9A.56.210)

                       Assault 2 (RCW 9A.36.021)

                       Escape 1 (RCW 9A.76.110)

                       Arson 2 (RCW 9A.48.030)

                       Commercial Bribery (RCW 9A.68.060)

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

                       Malicious Harassment (RCW 9A.36.080)

                       Threats to Bomb (RCW 9.61.160)

                       Willful Failure to Return from Furlough (RCW 72.66.060)

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

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

                       Vehicular Assault (RCW 46.61.522)

                       Assault by Watercraft (RCW 88.12.032)

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

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

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

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

 III                 Criminal Gang Intimidation (RCW 9A.46.120)

                       Criminal Mistreatment 2 (RCW 9A.42.030)

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

                       Extortion 2 (RCW 9A.56.130)

                       Unlawful Imprisonment (RCW 9A.40.040)

                       Assault 3 (RCW 9A.36.031)

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

                       Custodial Assault (RCW 9A.36.100)

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

                       Harassment (RCW 9A.46.020)

                       Promoting Prostitution 2 (RCW 9A.88.080)

                       Willful Failure to Return from Work Release (RCW 72.65.070)

                       Burglary 2 (RCW 9A.52.030)

                       Introducing Contraband 2 (RCW 9A.76.150)

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

                       Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                       Escape 2 (RCW 9A.76.120)

                       Perjury 2 (RCW 9A.72.030)

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

                       Intimidating a Public Servant (RCW 9A.76.180)

                       Tampering with a Witness (RCW 9A.72.120)

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

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

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

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

                       Theft of livestock 2 (RCW 9A.56.080)

                       Securities Act violation (RCW 21.20.400)

   II                 Unlawful Practice of Law (RCW 2.48.180)

                       Malicious Mischief 1 (RCW 9A.48.070)

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

                       Theft 1 (RCW 9A.56.030)

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

                       Trafficking in Insurance Claims (RCW 48.30A.015)

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

                       Health Care False Claims (RCW 48.80.030)

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

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

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

                       Computer Trespass 1 (RCW 9A.52.110)

                       Escape from Community Custody (RCW 72.09.310)

    I                 Theft 2 (RCW 9A.56.040)

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

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

                       Forgery (RCW 9A.60.020)

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

                       Vehicle Prowl 1 (RCW 9A.52.095)

                       Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                       Malicious Mischief 2 (RCW 9A.48.080)

                       Reckless Burning 1 (RCW 9A.48.040)

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

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

                       False Verification for Welfare (RCW 74.08.055)

                       Forged Prescription (RCW 69.41.020)

                       Forged Prescription for a Controlled Substance (RCW 69.50.403)

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

     Sec. 4. RCW 9.94A.030 and 1998 c 290 s 3 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (18) "Drug offense" means:

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

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

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

     (19) "Escape" means:

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

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

     (20) "Felony traffic offense" means:

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

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

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

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

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

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

     (b) Assault in the second degree;

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

     (d) Child molestation in the second degree;

     (e) Controlled substance homicide;

     (f) Extortion in the first degree;

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

     (h) Indecent liberties;

     (i) Kidnapping in the second degree;

     (j) Leading organized crime;

     (k) Manslaughter in the first degree;

     (l) Manslaughter in the second degree;

     (m) Promoting prostitution in the first degree;

     (n) Rape in the third degree;

     (o) Robbery in the second degree;

     (p) Sexual exploitation;

     (q) Vehicular assault;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (30) "Serious traffic offense" means:

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

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

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

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

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

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

     (33) "Sex offense" means:

     (a) A felony that is a violation of chapter 9A.44 RCW, other than RCW 9A.44.130(10), 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) 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 sex offense in (a) of this subsection;

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

     (((c))) (d) 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. 5. RCW 9A.44.130 and 1998 c 220 s 1 and 1998 c 139 s 1 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. 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 June 11, 1998, 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 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; (h) social security number; (i) photograph; and (j) fingerprints.

     (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 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 (9) 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 (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, 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 (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, 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 (9) 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 (9) 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 (4)(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.

     (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 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.

     (6) 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.

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

     (8) 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.

     (9) A person who knowingly fails to register with the county sheriff or notify 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 sex offense as defined in subsection (8)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (8)(a) of this section. 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.

     (10) 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 kidnapping offense as defined in subsection (8)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (8)(b) of this section. 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. 6. RCW 9.94A.360 and 1998 c 211 s 4 are each amended to read as follows:

     The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

     The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

     (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

     (2) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.

     (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

     (4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

     (5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

     (i) Prior offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;

     (ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

     (b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

     (6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

     (7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and ½ point for each juvenile prior nonviolent felony conviction.

     (8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.

     (9) If the present conviction is for ((Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 1, Homicide by Abuse, or Rape 1)) a serious violent offense, count three points for prior adult and juvenile convictions for crimes in ((these categories)) this category, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.

     (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.

     (11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense ((or serious traffic offense,)) count one point for each adult and ½ point for each juvenile prior conviction((. This subsection shall not apply when additional time is added to a sentence pursuant to RCW 46.61.520(2))); for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and ½ point for each juvenile prior conviction.

     (12) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.

     (13) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as ½ point.

     (14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as ½ point.

     (15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.

     (16) If the present conviction is for a sex offense, count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.

     (17) If the present conviction is for an offense committed while the offender was under community placement, add one point.

     Sec. 7. RCW 9.94A.400 and 1998 c 235 s 2 are each amended to read as follows:

     (1)(a) Except as provided in (b) or (c) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.120 and 9.94A.390(2)(g) or any other provision of RCW 9.94A.390. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.

     (b) Whenever a person is convicted of two or more serious violent offenses, as defined in RCW 9.94A.030, arising from separate and distinct criminal conduct, the sentence range for the offense with the highest seriousness level under RCW 9.94A.320 shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the sentence range for other serious violent offenses shall be determined by using an offender score of zero. The sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under (b) of this subsection shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection.

     (c) If an offender is convicted under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, ((then)) the sentence range for each of these current offenses shall be determined by using all other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c), as if they were prior convictions. The offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection (1)(c), and for each firearm unlawfully possessed.

     (2)(a) Except as provided in (b) of this subsection, whenever a person while under sentence of felony commits another felony and is sentenced to another term of confinement, the latter term shall not begin until expiration of all prior terms.

     (b) Whenever a second or later felony conviction results in community supervision with conditions not currently in effect, under the prior sentence or sentences of community supervision the court may require that the conditions of community supervision contained in the second or later sentence begin during the immediate term of community supervision and continue throughout the duration of the consecutive term of community supervision.

     (3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that they be served consecutively.

     (4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.

     (5) However, in the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community service, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW 9.94A.120(2), if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months."

 

MOTION

 

    On motion of Senator Costa, the following amendment to the Committee on Judiciary striking amendment was adopted:  

     Beginning on page 9, line 1 of the amendment, strike all of section 3 and insert the following:

     "Sec. 3. RCW 9.94A.320 and 1998 c 290 s 4, 1998 c 219 s 4, 1998 c 82 s 1, and 1998 c 78 s 1 are each reenacted and amended to read as follows:

 

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

((XV))

XVI                Aggravated Murder 1 (RCW 10.95.020)

((XIV))

XV                 Murder 1 (RCW 9A.32.030)

                       Homicide by abuse (RCW 9A.32.055)

                       Malicious explosion 1 (RCW 70.74.280(1))

((XIII))

XIV                Murder 2 (RCW 9A.32.050)

XIII                Malicious explosion 2 (RCW 70.74.280(2))

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

XII                 Assault 1 (RCW 9A.36.011)

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

                       Rape 1 (RCW 9A.44.040)

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

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

 XI                 Rape 2 (RCW 9A.44.050)

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

                       Manslaughter 1 (RCW 9A.32.060)

  X                  Kidnapping 1 (RCW 9A.40.020)

                       Child Molestation 1 (RCW 9A.44.083)

                       Malicious explosion 3 (RCW 70.74.280(3))

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

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

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

                       Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

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

                       Robbery 1 (RCW 9A.56.200)

                       Explosive devices prohibited (RCW 70.74.180)

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

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

                       Controlled Substance Homicide (RCW 69.50.415)

                       Sexual Exploitation (RCW 9.68A.040)

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

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

                       Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 88.12.029)

VIII                Arson 1 (RCW 9A.48.020)

                       Promoting Prostitution 1 (RCW 9A.88.070)

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

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

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

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

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

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

                       Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 88.12.029)

                       Manslaughter 2 (RCW 9A.32.070)

VII                 Burglary 1 (RCW 9A.52.020)

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

                       Homicide by Watercraft, by disregard for the safety of others (RCW 88.12.029)

                       Introducing Contraband 1 (RCW 9A.76.140)

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

                       Child Molestation 2 (RCW 9A.44.086)

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

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

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

                       Drive-by Shooting (RCW 9A.36.045)

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

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

                       Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

 VI                 Bribery (RCW 9A.68.010)

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

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

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

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

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

                       Intimidating a Judge (RCW 9A.72.160)

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

                       Theft of a Firearm (RCW 9A.56.300)

  V                  Persistent prison misbehavior (RCW 9.94.070)

                       Criminal Mistreatment 1 (RCW 9A.42.020)

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

                       Rape 3 (RCW 9A.44.060)

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

                       Child Molestation 3 (RCW 9A.44.089)

                       Kidnapping 2 (RCW 9A.40.030)

                       Extortion 1 (RCW 9A.56.120)

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

                       Perjury 1 (RCW 9A.72.020)

                       Extortionate Extension of Credit (RCW 9A.82.020)

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

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

                       Rendering Criminal Assistance 1 (RCW 9A.76.070)

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

                       Sexually Violating Human Remains (RCW 9A.44.105)

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

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

                       On and after July 1, 2000: Stalking (RCW 9A.46.110)

                       On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                       On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                       On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

 IV                 Residential Burglary (RCW 9A.52.025)

                       Theft of Livestock 1 (RCW 9A.56.080)

                       Robbery 2 (RCW 9A.56.210)

                       Assault 2 (RCW 9A.36.021)

                       Escape 1 (RCW 9A.76.110)

                       Arson 2 (RCW 9A.48.030)

                       Commercial Bribery (RCW 9A.68.060)

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

                       Malicious Harassment (RCW 9A.36.080)

                       Threats to Bomb (RCW 9.61.160)

                       Willful Failure to Return from Furlough (RCW 72.66.060)

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

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

                       Vehicular Assault (RCW 46.61.522)

                       Assault by Watercraft (RCW 88.12.032)

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

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

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

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

                       Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

 III                 Criminal Gang Intimidation (RCW 9A.46.120)

                       Criminal Mistreatment 2 (RCW 9A.42.030)

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

                       Extortion 2 (RCW 9A.56.130)

                       Unlawful Imprisonment (RCW 9A.40.040)

                       Assault 3 (RCW 9A.36.031)

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

                       Custodial Assault (RCW 9A.36.100)

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

                       Harassment (RCW 9A.46.020)

                       Promoting Prostitution 2 (RCW 9A.88.080)

                       Willful Failure to Return from Work Release (RCW 72.65.070)

                       Burglary 2 (RCW 9A.52.030)

                       Introducing Contraband 2 (RCW 9A.76.150)

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

                       Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                       Escape 2 (RCW 9A.76.120)

                       Perjury 2 (RCW 9A.72.030)

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

                       Intimidating a Public Servant (RCW 9A.76.180)

                       Tampering with a Witness (RCW 9A.72.120)

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

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

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

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

                       Theft of livestock 2 (RCW 9A.56.080)

                       Securities Act violation (RCW 21.20.400)

                       Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                       Malicious Injury to Railroad Property (RCW 81.60.070)

                       Possession of Incendiary Device (RCW 9.40.120)

                       Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                       Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                       Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

   II                 Unlawful Practice of Law (RCW 2.48.180)

                       Malicious Mischief 1 (RCW 9A.48.070)

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

                       Theft 1 (RCW 9A.56.030)

                       ((Class B Felony)) Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                       Trafficking in Insurance Claims (RCW 48.30A.015)

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

                       Health Care False Claims (RCW 48.80.030)

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

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

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

                       Computer Trespass 1 (RCW 9A.52.110)

                       Escape from Community Custody (RCW 72.09.310)

    I                 Theft 2 (RCW 9A.56.040)

                       ((Class C Felony)) Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

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

                       Forgery (RCW 9A.60.020)

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

                       Vehicle Prowl 1 (RCW 9A.52.095)

                       Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                       Malicious Mischief 2 (RCW 9A.48.080)

                       Reckless Burning 1 (RCW 9A.48.040)

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

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

                       False Verification for Welfare (RCW 74.08.055)

                       Forged Prescription (RCW 69.41.020)

                       Forged Prescription for a Controlled Substance (RCW 69.50.403)

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

     Sec. 4. RCW 81.60.070 and 1992 c 7 s 60 are each amended to read as follows:

     Every person who, in such manner as might, if not discovered, endanger the safety of any engine, motor, car or train, or any person thereon, shall in any manner interfere or tamper with or obstruct any switch, frog, rail, roadbed, sleeper, viaduct, bridge, trestle, culvert, embankment, structure, or appliance pertaining to or connected with any railway, or any train, engine, motor, or car on such railway, and every person who shall discharge any firearm or throw any dangerous missile at any train, engine, motor, or car on any railway, shall be punished by imprisonment in a state correctional facility for not more than ((twenty-five)) ten years.

     Sec. 5. RCW 9.40.120 and 1971 ex.s. c 302 s 4 are each amended to read as follows:

     Every person who possesses, manufactures, or disposes of an incendiary device knowing it to be such is guilty of a felony, and upon conviction, shall be punished by imprisonment in a state prison for a term of not more than ((twenty-five)) ten years.

     NEW SECTION. Sec. 6. The code reviser shall alphabetize the offenses within each seriousness level in RCW 9.94A.320, including any offenses added in the 1999 legislative session.

     NEW SECTION. Sec. 7. The amendments made by sections 3 through 5 of this act shall apply to offenses committed on or after the effective date of this act except that the amendments made by this act to seriousness level V in RCW 9.94A.320 shall apply to offenses committed on or after July 1, 2000."

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

    The President declared the question before the Senate to be the adoption of the Committee on Judiciary striking amendment, as amended, to House Bill No. 1544.

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

 

MOTIONS

 

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

     On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9.94A.030, 9.94A.360, and 9.94A.400; reenacting and amending RCW 9.94A.040, 9.94A.310, 9.94A.320, and 9A.44.130; and prescribing penalties."

     On page 38, beginning on line 5 of the title amendment, after "amending" strike the remainder of the title amendment and insert "RCW 81.60.070, 9.40.120, 9.94A.030, 9.94A.360, and 9.94A.400; reenacting and amending RCW 9.94A.040, 9.94A.310, 9.94A.320, and 9A.44.130; creating new sections; and prescribing penalties."

    On motion of Senator Costa, the rules were suspended, House Bill No. 1544, 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. 1544, as amended by the Senate.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of House Bill No. 1544, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.

     HOUSE BILL NO. 1544, 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, Senator Heavey was excused.

 

SECOND READING

 

    ENGROSSED HOUSE BILL NO. 1151, by Representatives Linville, G. Chandler, Cooper and Koster (by request of Department of Agriculture)

 

Updating or repealing dairy or food laws.

 

    The bill was read the second time.

MOTION

 

    On motion of Senator Rasmussen, the following Committee on Agriculture and Rural Economic Development amendment was adopted:

     On page 21, after line 36, insert the following:

     "Sec. 28. RCW 16.49.435 and 1987 c 77 s 4 are each amended to read as follows:

     For the purposes of this chapter:

     (1) "Department" means the department of agriculture of the state of Washington.

     (2) "Director" means the director of the department or the director's designee.

     (3) "Custom farm slaughterer" means any person licensed under this chapter who may under such license engage in the business of slaughtering meat food animals only for the consumption of the owner thereof through the use of an approved mobile unit under such conditions as may be prescribed by the director.

     (4) "Custom slaughtering establishment" means the facility operated by any person licensed under this chapter who may under such license engage in the business of slaughtering meat food animals only for the consumption of the owner thereof at a fixed location under such conditions as may be prescribed by the director.

     (5) "Custom meat facility" means the facility operated by any person licensed under this chapter who may under such license engage in the business of preparing uninspected meat for the sole consumption of the owner of the uninspected meat being prepared. Operators of custom meat facilities may also prepare inspected meat for household users only under such conditions as may be prescribed by the director and may sell such prepared inspected meat to household users only. Operators of custom meat facilities may also sell prepackaged inspected meat to any person, provided the prepackaged inspected meat is not prepared in any manner by the operator and the operator does not open or alter the original package that the inspected meat was placed in.

     (6) "Inspected meat" means the carcasses or parts thereof of meat food animals which have been slaughtered and inspected at establishments subject to inspection under ((chapter 16.49A RCW or)) a federal meat inspection act.

     (7) "Uninspected meat" means the carcasses or parts thereof of meat food animals which have been slaughtered by the owner thereof, or which have been slaughtered by a custom farm slaughterer.

     (8) "Household user" means the ultimate consumer, the members of the consumer's household, and his or her nonpaying guests and employees.

     (9) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof or assignee for the benefit of creditors.

     (10) "Meat food animal" means cattle, swine, sheep, or goats.

     (11) "Official establishment" means an establishment operated for the purpose of slaughtering meat food animals for sale or use as human food in compliance with the federal meat inspection act (21 U.S.C. Sec. 71 et seq.).

     (12) "Prepared" means canned, salted, rendered, boned, cut up or otherwise manufactured, or processed.

     Sec. 29. RCW 16.49.670 and 1987 c 77 s 11 are each amended to read as follows:

 

     The provisions of this chapter relating to custom meat facilities ((and RCW 16.49A.370)) shall in no way supersede or restrict the authority of any county or any city to adopt ordinances which are more restrictive for the handling of meat than those provided for herein.

     Sec. 30. RCW 16.67.030 and 1969 c 133 s 2 are each amended to read as follows:

     For the purpose of this chapter:

     (1) "Commission" means the Washington state beef commission.

     (2) "Director" means the director of agriculture of the state of Washington or his duly appointed representative.

     (3) "Ex officio members" means those advisory members of the commission who do not have a vote.

     (4) "Department" means the department of agriculture of the state of Washington.

     (5) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.

     (6) "Beef producer" means any person who raises, breeds, grows, or purchases cattle or calves for beef production.

     (7) "Dairy (beef) producer" means any person who raises, breeds, grows, or purchases cattle for dairy production and who is actively engaged in the production of fluid milk.

 

 

     (8) "Feeder" means any person actively engaged in the business of feeding cattle and usually operating a feed lot.

     (9) "Producer" means any person actively engaged in the cattle industry including beef producers and dairy (beef) producers.

     (10) "Washington cattle" shall mean all cattle owned or controlled by affected producers and located in the state of Washington.

     (11) "Meat packer" means any person ((licensed to operate)) operating a slaughtering establishment ((under the provisions of chapter 16.49A RCW as enacted or hereafter amended)) subject to inspection under a federal meat inspection act.

     (12) "Livestock salesyard operator" means any person licensed to operate a cattle auction market or salesyard under the provisions of chapter 16.65 RCW as enacted or hereafter amended.

     Sec. 31. RCW 35A.69.010 and 1994 c 143 s 512 are each amended to read as follows:

     Every code city shall have the powers, perform the functions and duties and enforce the regulations prescribed by general laws relating to food and drugs for any class of city as provided by Title 69 RCW; ((relating to inspection of foods, meat, dairies, and milk as provided by chapter 16.49A RCW;)) relating to water pollution control as provided by chapter 90.48 RCW; and relating to food fish and shellfish as provided by Title 75 RCW.

     Sec. 32. RCW 69.04.930 and 1988 c 254 s 8 are each amended to read as follows:

     It shall be unlawful for any person to sell at retail or display for sale at retail any food fish or shellfish as defined in RCW 75.08.011, any meat ((capable of use as human food as defined in RCW 16.49A.150 as now or hereafter amended)), or any meat food product ((as defined in RCW 16.49A.130 as now or hereafter amended)) which has been frozen at any time, without having the package or container in which the same is sold bear a label clearly discernible to a customer that such product has been frozen and whether or not the same has since been thawed. No such food fish or shellfish, meat or meat food product shall be sold unless in such a package or container bearing said label: PROVIDED, That this section shall not include any of the aforementioned food or food products that have been frozen prior to being smoked, cured, cooked or subjected to the heat of commercial sterilization."

     Renumber the remaining section consecutively and correct any internal references accordingly.

 

MOTIONS

 

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

     On page 1, line 5 of the title, after "15.36.551," strike "and 15.36.561" and insert "15.36.561, 16.49.435, 16.49.670, 16.67.030, 35A.69.010, and 69.04.930"

    On motion of Senator Rasmussen, the rules were suspended, Engrossed House Bill No. 1151, 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. 1151, as amended by the Senate.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of Engrossed House Bill No. 1151 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, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

     Excused: Senator Heavey - 1

    ENGROSSED HOUSE BILL NO. 1151, 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.

 

SPECIAL ORDER OF BUSINESS

 

    On motion of Senator Snyder, Substitute House Bill No. 1189 will be a special order of business at 3:30 p.m. today.

 

    There being no objection, the Senate resumed consideration of House Bill No.1761 and the pending amendment by Senators Hochstatter, Stevens and Zarelli on page 2, line 27 and page 3, lines 2, 5, 15 and 19, to the Committee on Education striking amendment, deferred earlier today.

    The President declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter, Stevens and Zarelli on page 2, line 27, and page 3, lines 2, 5, 15 and 19, to the Committee on Education striking amendment to House Bill No. 1761.

    Debate ensued.

 

POINT OF INQUIRY

 

    Senator Franklin: “Senator Finkbeiner, my question is that person would be used as an alternative not a substitute. Further, that person, then with a name in a pool would be withdrawn and they would be able to be called now as a substitute teacher in order to teach a class?”

    Senator Finkbeiner: “The way the underling bill works, and I' ll explain that real quick, because it pertains to the amendment. It says that retired principals and retired teachers can come back and fill in when there is a need of a substitute for a principal or a teacher, and that is a good bill and I think we are all supporting that. All we are saying with this amendment is that if a school wanted to, they could bring in--for instance if they couldn't find a substitute that day, which happens--a teacher just told me about this occurrence just five minutes ago, where they cannot find a substitute to come in and teach a class, they could if they felt that somebody was qualified to bring in a retired public employee. They don't have to; they don't get drawn out of a hat. It is not a random chance thing. It would only be in the instance where a school felt that it would be worth while to bring in this retired public employee instead of either an unqualified substitute teacher or no substitute teacher at all. Does that answer your question, Senator Franklin?”

    Senator Franklin: “Yes. Thank you, Senator, for your explanation.”

    Further debate ensued.

    Senator Finkbeiner 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 Senators Hochstatter, Stevens and Zarelli on page 2, line 27 and page 3, lines 2, 5, 15 and 19, to the Committee on Education striking amendment to House Bill No. 1761.

 

 

ROLL CALL

 

    The Secretary called the roll and the amendments to the committee striking amendment were not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 23.

     Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 25.

     Absent: Senator Winsley - 1.

    The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment to House Bill No. 1761.

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

 

MOTIONS

 

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

    On page 1, line 3 of the title, after "benefits;" strike the remainder of the title and insert "and amending RCW 41.32.570."

    On motion of Senator McAuliffe, the rules were suspended, House Bill No. 1761, 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. 1761, as amended by the Senate.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of House Bill No. 1761 as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

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

     Absent: Senator Loveland - 1.

     HOUSE BILL NO. 1761, 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. 1153, by House Committee on Education (originally sponsored by Representatives McDonald, Kastama, Sump, Delvin, Hurst, Rockefeller, Kessler, Stensen, O'Brien, Bush, Lovick, Dickerson, Carlson, Keiser, Ogden, Hatfield, Wood, Ruderman, Tokuda, Santos, McIntire, Conway and Lantz)

 

Changing school safety provisions.

 

    The bill was read the second time.

 

MOTION

 

    Senator McAuliffe moved that the following Committee on Education striking amendment be adopted:

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 13.40.215 and 1997 c 265 s 2 are each amended to read as follows:

     (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense, a sex offense, or stalking, to the following:

     (i) The chief of police of the city, if any, in which the juvenile will reside;

     (ii) The sheriff of the county in which the juvenile will reside; and

     (iii) The approved private schools and the common school district board of directors of the district in which the juvenile intends to reside or the approved private school or public school district in which the juvenile last attended school, whichever is appropriate, except when it has been determined by the department that the juvenile is twenty-one years old((; is not required to return to school under chapter 28A.225 RCW;)) or will be in the community for less than seven consecutive days on approved leave and will not be attending school during that time.

     (b) After ((July 27, 1997)) the effective date of this section, the department shall send a written notice to approved private and public schools under the same conditions identified in subsection (1)(a)(iii) of this section when a juvenile adjudicated of any offense is transferred to a community residential facility, discharged, paroled, released, or granted a leave. The community residential facility shall provide written notice of the offender's criminal history to any school that the offender attends while residing at the community residential facility and to any employer that employs the offender while residing at the community residential facility.

     (c) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

     (i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;

     (ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and

     (iii) Any person specified in writing by the prosecuting attorney.

Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.

     (d) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical furloughs.

     (e) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.

     (2)(a) If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest. If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide. If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

     (b) The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.

     In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).

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

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

     (5) Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public or approved private elementary, middle, or high school that is attended by a victim or a sibling of a victim of the sex offender. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district. Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release of a convicted juvenile sex offender, the secretary shall send written notice of the discharge, parole, or other authorized leave or release and the requirements of this subsection to the common school district board of directors of the district in which the sex offender intends to reside or the district in which the sex offender last attended school, whichever is appropriate. The secretary shall send a similar notice to any approved private school the juvenile will attend, if known, or if unknown, to the approved private schools within the district the juvenile resides or intends to reside.

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

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

     (b) "Sex offense" means a sex offense under RCW 9.94A.030;

     (c) "Stalking" means the crime of stalking as defined in RCW 9A.46.110;

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

     Sec. 2. RCW 28A.225.225 and 1997 c 265 s 3 are each amended to read as follows:

     (1) All districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if:

     (a) Acceptance of a nonresident student would result in the district experiencing a financial hardship;

     (b) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; or

     (c) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (1)(c) must apply uniformly to both resident and nonresident applicants.

     For purposes of subsection (1)(b) of this section, "gang" means a group which: (i) Consists of three or more persons; (ii) has identifiable leadership; and (iii) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

     (2) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).

     Sec. 3. RCW 28A.225.330 and 1997 c 266 s 4 are each amended to read as follows:

     (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

     (a) Any history of placement in special educational programs;

     (b) Any past, current, or pending disciplinary action;

     (c) Any history of violent behavior, or behavior listed in RCW 13.04.155;

     (d) Any unpaid fines or fees imposed by other schools; and

     (e) Any health conditions affecting the student's educational needs.

     (2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record including records of disciplinary action, history of violent behavior or behavior listed in RCW 13.04.155, attendance, immunization records, and academic performance. If the student has not paid a fine or fee under RCW 28A.635.060, or tuition, fees, or fines at approved private schools the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, immunization records, ((and)) records of disciplinary action, and history of violent behavior or behavior listed in RCW 13.04.155. If the official transcript is not sent due to unpaid tuition, fees, or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.

     (3) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith. The state board of education shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.

     (4) Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

     (5) When a school receives information under this section or RCW 13.40.215 that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of educational staff or other students, the school shall provide this information to the student's teachers.

     Sec. 4. RCW 13.50.050 and 1997 c 338 s 40 are each amended to read as follows:

     (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

     (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (((11))) (12) of this section.

     (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.

     (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

     (5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

 

 

 

 

     (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

     (7) Law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school. Incident reports may be released unless releasing the records would jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the investigation or prosecution or endanger witnesses, law enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.

     (8) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

     (((8))) (9) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

     (((9))) (10) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

     (((10))) (11) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (((22))) (23) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

     (((11))) (12) The court shall grant the motion to seal records made pursuant to subsection (((10))) (11) of this section if it finds that:

     (a) For class B offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent ten consecutive years in the community without committing any offense or crime that subsequently results in conviction. For class C offenses other than sex offenses, since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in conviction;

     (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;

     (c) No proceeding is pending seeking the formation of a diversion agreement with that person;

     (d) The person has not been convicted of a class A or sex offense; and

     (e) Full restitution has been paid.

     (((12))) (13) The person making a motion pursuant to subsection (((10))) (11) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

     (((13))) (14) If the court grants the motion to seal made pursuant to subsection (((10))) (11) of this section, it shall, subject to subsection (((22))) (23) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

     (((14))) (15) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (((22))) (23) of this section.

     (((15))) (16) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW.

     (((16))) (17) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (((22))) (23) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

     (((17))) (18) If the court grants the motion to destroy records made pursuant to subsection (((16))) (17) of this section, it shall, subject to subsection (((22))) (23) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

     (((18))) (19) The person making the motion pursuant to subsection (((16))) (17) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

     (((19))) (20) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

     (((20))) (21) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

     (((21))) (22) Any juvenile justice or care agency may, subject to the limitations in subsection (((22))) (23) of this section and (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

     (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

     (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

     (((22))) (23) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.

     (((23))) (24) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault."

 

MOTION

 

    Senator Prentice moved that the following amendment to the Committee on Education striking amendment be adopted:

     On page 6, line 12, after "teachers" insert "and security personnel"

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendment by Senator Prentice on page 6, line 12, to the Committee on Education striking amendment to Substitute House Bill No. 1153.

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

 

 

MOTION

 

    Senator Hargrove moved that the following amendments by Senators Hargrove, McAuliffe and Goings to the Committee on Education striking amendment be considered simultaneously and be adopted:

     On page 7, line 3 of the amendment, strike "Law" and insert "Upon the decision to arrest or the arrest, law"

     On page 7, line 6 of the amendment, strike "Incident" and insert "Upon the decision to arrest or the arrest, incident"

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendments by Senators Hargrove, McAuliffe and Goings on page 7, lines 3 and 6, to the Committee on Education striking amendment to Substitute House Bill No. 1153.

    The motion by Senator Hargrove carried and the amendments to the committee striking amendment were adopted.

    The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment, as amended, to Substitute House Bill No. 1153.

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

 

MOTIONS

 

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

     On page 1, line 2 of the title, after "safety;" strike the remainder of the title and insert "and amending RCW 13.40.215, 28A.225.225, 28A.225.330, and 13.50.050."

    On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1153, 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. 1153, as amended by the Senate.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of Substitute House Bill No. 1153 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 Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

     Absent: Senators Hargrove and Kohl-Welles - 2.

    SUBSTITUTE HOUSE BILL NO. 1153, 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. 1599, by Representatives McMorris, Doumit, Clements, Constantine, Sheahan, Grant, G. Chandler, Linville, Rockefeller, D. Schmidt, Kessler and Schoesler

 

Creating an account to reimburse counties for extraordinary costs in the criminal justice system.

 

    The bill was read the second time.

 

MOTION

 

     Senator Costa moved that the following striking amendment by Senators Costa, Sheahan, Kline, McCaslin and Heavey be adopted:      Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 43.330 RCW to read as follows:

     Counties may submit a petition for relief to the office of public defense for reimbursement of extraordinary criminal justice costs. Extraordinary criminal justice costs are defined as those associated with investigation, prosecution, indigent defense, jury impanelment, expert witnesses, interpreters, incarceration, and other adjudication costs of aggravated murder cases.

     (1) The office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop procedures for processing the petitions, for auditing the veracity of the petitions, and for prioritizing the petitions. Prioritization of the petitions shall be based on, but not limited to, such factors as disproportionate fiscal impact relative to the county budget, efficient use of resources, and whether the costs are extraordinary and could not be reasonably accommodated and anticipated in the normal budget process.

     (2) Before January 1st of each year, the office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop and submit to the appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that are recommended for funding by the legislature.

     Sec. 2. RCW 27.24.070 and 1992 c 54 s 6 are each amended to read as follows:

     In each county pursuant to this chapter, the county treasurer shall deposit in the county or regional law library fund a sum equal to twelve dollars for every new probate or civil filing fee, including appeals, collected by the clerk of the superior court and six dollars for every fee collected for the commencement of a civil action in district court for the support of the law library in that county or the regional law library to which the county belongs: PROVIDED, That upon a showing of need the twelve dollar contribution may be increased up to fifteen dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies: AND PROVIDED FURTHER, That in each county, upon a showing of need by the law library board of trustees, a county legislative body or bodies may impose an additional surcharge not to exceed the maximum amount established in this section for every new probate or civil filing in superior court and an additional surcharge not to exceed the maximum amount established in this section for every fee collected for the commencement of a civil action in district court for the purpose of funding the county law library. Any surcharge imposed shall be collected by the clerk of the court and remitted to the county treasurer for deposit in the county or regional law library fund.

     Sec. 3. RCW 36.18.016 and 1996 c 56 s 5 are each amended to read as follows:

     (1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.

     (2) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of twenty dollars must be paid.

     (3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of ((fifty)) one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of ((one)) two hundred fifty dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional ((fifty-dollar)) one hundred twenty-five dollar fee will be required of the party demanding the increased number of jurors.

     (b) Upon conviction in criminal cases a jury demand charge of fifty dollars for a jury of six, or one hundred dollars for a jury of twelve may be imposed as costs under RCW 10.46.190.

     (4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk's office, with or without seal, for the first page or portion of the first page, a fee of two dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of one dollar for each additional seal affixed must be charged.

     (5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.

     (6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.

     (7) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.

     (8) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.

     (9) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.

     (10) For clerk's special services such as processing ex parte orders by mail, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.

     (11) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.

     (12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.

     (13) For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.

     (14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be charged.

     (15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one hundred ten dollars must be charged.

     (16) A facilitator surcharge of ten dollars must be charged as authorized under RCW 26.12.240.

     (17) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.

     (18) For filing a warrant for overpayment of state retirement systems benefits under chapter 41.50 RCW, a fee of five dollars shall be charged pursuant to RCW 41.50.136.

     (19) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.

     (20) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.

     (21) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.

     (22) Investment service charge and earnings under RCW 36.48.090 must be charged.

     (23) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.

     (24) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged."

 

POINT OF ORDER

 

    Senator Finkbeiner: “I rise to a point of order. I challenge the scope and object of this amendment. House Bill No. 1599 creates extraordinary criminal justice accounts in order to reimburse counties for certain costs relating to the adjudication of aggravated murder cases. The appropriations may be made from the general fund or from public safety and education accounts. The bill's purpose is to address this one specific problem which is that local governments and particularly local governments in rural areas do not have the resources in their budgets to deal with an aggravated murder case. The bill gives the county some financial relief when an aggravated murder case threatens to break the county budget, as has happened recently.

    “The striking amendment adds two completely separate and independent issues--funding for regional law libraries through increased filing fees and increasing fees for parties making a demand for a jury trial as well as authorizing fees for a party requesting a trial to a no vote or an arbitration award. These additions do not, in any way, address county funding of aggravated murder cases, which is the focus of the underlying bill. Instead, the amendment brings in new issues which are not addressed in the contents of the underlying bill and for that reason, I ask that you find the amendment outside the scope and object of the underlying bill. I would like to say that I am rising to challenge Sections two and three of the amendment by Senators Costa, Sheahan, Kline, McCaslin and Heavey. Thank you.”

    Further debate ensued.

 

MOTION

 

    On motion of Senator Betti Sheldon, further consideration of House Bill No. 1599 was deferred.

 

POINT OF ORDER

 

    Senator Snyder: “A point of order, Mr. President. It is now 3:30 p.m. and time to consider the Special Order of Business on Substitute House Bill No. 1189.”

 

SECOND READING

 

    SUBSTITUTE HOUSE BILL NO. 1189, by House Committee on Local Government (originally sponsored by Representatives Van Luven, Scott, Radcliff, Kenney, Mitchell, Tokuda, D. Schmidt, Dickerson, McIntire, Esser, Lambert, Cairnes, Ballasiotes, Constantine, Cody, H. Sommers, Murray, Santos and Parlette)

 

Modifying provisions concerning metropolitan park districts.

 

    The bill was read the second time.

 

MOTION

 

    Senator Patterson moved that the following Committee on State and Local Government striking amendment not be adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 35.61 RCW to read as follows:

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

     (1) "City" means both cities and towns, including code cities.

     (2) "Ex officio board of park commissioners" means the board of park commissioners of a metropolitan park district, only including a city with a population of five hundred thousand or more within its boundaries, that is composed of only the members of a city legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) acting ex officio and independently as provided under RCW 35.61.050(2).

     (3) "Separately elected board of park commissioners" means a board of park commissioners of a metropolitan park district that is composed of five separately elected commissioners as provided under RCW 35.61.050(1) and 35.61.120(1).

     (4) "Land or lands" refers to land, water, or air, or any of the rights therein or improvements thereon.

     Sec. 2. RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:

     (1) A ballot proposition authorizing the creation of a metropolitan park district shall be submitted by ordinance to the voters of a city with a population of at least five thousand at any general election, or at any special election which may be called for that purpose, ((or at any city election held in the city in all of the various voting precincts thereof, the city council or commission may,)) if the legislative authority of the city enacts such an ordinance after adopting a resolution proposing creation of a metropolitan park district or ((on)) if a petition ((of)) proposing creation of a metropolitan park district is submitted to the county auditor that has been signed by at least fifteen percent of the ((qualified electors of the)) registered voters residing in the city ((based upon the registration for the last preceding general city election, shall by ordinance, submit to the voters of the city the proposition of creating a metropolitan park district, the limits of which shall be)).

     (2) If city voters approve the ballot proposition by a simple majority vote, a metropolitan park district shall be created that is coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city.

     (3) Territory by virtue of its annexation to any city having heretofore created a park district shall be deemed to be ((within the limits of)) annexed to the metropolitan park district.

     ((The city council or commission shall submit the proposition at a special election to be called therefor when the petition so requests.))

     Sec. 3. RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:

     (1) In submitting the question to the voters for their approval or rejection, the city council or commission shall pass an ordinance declaring its intention to submit the proposition of creating a metropolitan park district to the qualified voters of the city. The ordinance shall be published once a week for two consecutive weeks in the official newspaper of the city((, and the city council or commission shall cause to be placed upon the ballot for the election, at the proper place, the)). The proposition shall appear on the ballot of the next general municipal election unless the city legislative authority by ordinance submits it at an earlier special election.

     (2) The legislative authority of a city placing on the ballot a proposition ((which)) authorizing the creation of a metropolitan park district shall ((be expressed in)), in the ordinance submitting the question to the voters, choose and describe the composition of the initial metropolitan park district commission that is proposed under RCW 35.61.050. The proposition shall include the following terms:

     □ "For the formation of a metropolitan park district."

     □ "Against the formation of a metropolitan park district."

     Sec. 4. RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:

     (1) Except as provided under subsection (2) of this section, five park commissioners shall be elected at large as the metropolitan members of the board of park commissioners for the metropolitan park district at the same election at which the ballot proposition is submitted to the voters as to whether a metropolitan park district is to be formed((, five park commissioners shall be elected)). The election of metropolitan park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. ((No)) A primary shall not be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a metropolitan park commissioner. The staggering of the terms of office shall occur as follows: (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (((2))) (b) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (((3))) (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year.

     The initial metropolitan park commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all commissioners shall be elected to six-year terms of office at general elections held in odd-numbered years.

     All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.

     (2) The ballot proposition creating a new metropolitan park district that only consists of a city with a population of five hundred thousand or more may provide for the city's legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) to act in an ex officio and independent capacity as the board of commissioners for the metropolitan park district. An election shall not be held to elect the initial metropolitan park district commissioners if such an option is taken.

     Sec. 5. RCW 35.61.120 and 1965 c 7 s 35.61.120 are each amended to read as follows:

     (1) The officers of a metropolitan park district shall be a board of park commissioners consisting of five members unless the board is composed as permitted under RCW 35.61.050(2). The board shall annually elect one of their number as president and another of their number as clerk of the board. The composition of a board under this subsection that was created before January 1, 1999, may not be altered once the metropolitan park district has been created.

     (2) The composition of a board of metropolitan park district commissioners established as permitted under RCW 35.61.050(2) may be altered to a separately elected board of park commissioners once the metropolitan park district has been created only by a majority vote of the voters in the district, and then only if the potential for such an alteration was stated in the resolution or petition to create the district.

     Sec. 6. RCW 35.61.130 and 1969 c 54 s 1 are each amended to read as follows:

     (1) A metropolitan park district has the right of eminent domain, and may purchase, acquire and condemn lands lying within or without the boundaries of ((said)) the park district, for public parks, parkways, boulevards, aviation landings and playgrounds, and may condemn such lands for any of the following purposes: (a) To widen, alter, and extend streets, avenues, boulevards, parkways, aviation landings and playgrounds((,)); (b) to alter, enlarge, and extend existing parks((,)); and (c) to acquire lands for the establishment of new parks, boulevards, parkways, aviation landings and playgrounds.

     (2) The right of eminent domain shall be exercised and instituted pursuant to resolution of the board of metropolitan park commissioners and conducted in the same manner and under the same procedure as is or may be provided by law for the exercise of the power of eminent domain by ((incorporated)) cities ((and towns)) of the state of Washington in the acquisition of property rights((: PROVIDED,)). However, funds to pay for condemnation allowed by this section shall be raised only as specified in this chapter.

     (3) The board of metropolitan park commissioners ((shall have power to)) may employ counsel((,)) and ((to)) regulate, manage, and control the parks, parkways, boulevards, streets, avenues, aviation landings and playgrounds under its control((, and to)).

     (4) The board of metropolitan park commissioners may provide ((for park policemen,)) for a secretary of the board of metropolitan park commissioners, and for all necessary employees, ((to)) and fix their salaries and duties. In a metropolitan park district governed under RCW 35.61.050(2), the city's mayor shall serve ex officio as the chief executive officer of the metropolitan park district unless otherwise provided by the board of metropolitan park district commissioners.

     (5) The board of metropolitan park commissioners ((shall have power to)) may improve, acquire, extend and maintain, open, and lay out((,)) parks, parkways, boulevards, avenues, aviation landings and playgrounds, within or without the metropolitan park district((, and to)).

     (6) The board of metropolitan park commissioners may authorize, conduct, and manage the letting of boats, or other amusement apparatus, the operation of bath houses, the purchase and sale of foodstuffs or other merchandise, the giving of vocal or instrumental concerts or other entertainments, the establishment and maintenance of aviation landings and playgrounds, and the provision, establishment, operation, maintenance, and improvement of recreational facilities all on property owned by itself or others.

     (7) The board of metropolitan park commissioners may provide generally for the management and conduct of such forms of recreation or business as it shall judge desirable or beneficial for the public, or for the production of revenue for expenditure for parks and recreation purposes((; and)).

     (8) The board of metropolitan park commissioners may pay out moneys for: (a) The maintenance and improvement of any such parks, parkways, boulevards, avenues, aviation landings and playgrounds as now exist, or the right to which may hereafter be acquired, within or without the limits of ((said city and for)) the metropolitan park district; (b) the purchase of lands within or without the limits of ((said city)) the metropolitan park district, whenever it deems the purchase to be for the benefit of the public and for the interest of the metropolitan park district, and for the maintenance and improvement thereof; and ((for)) (c) all expenses incidental to its duties((: PROVIDED, That)). However, all parks, boulevards, parkways, aviation landings and playgrounds shall be subject to the police regulations of the city or county within whose limits they lie.

     (9) The board of metropolitan park commissioners may, if and to the extent provided by section 13 of this act, contract with any entity, public or private, including the city whose voters created the district, for all or any part of its staffing, operations, and services.

     Sec. 7. RCW 35.61.132 and 1989 c 319 s 4 are each amended to read as follows:

     (1) An ex officio board of metropolitan park district commissioners is authorized, by unanimous board decision and with the approval of the legislative authority of the city within which it is located, to convey any or all of its real or personal property to that city.

     (2) Except as set forth in subsection (3) of this section, every metropolitan park district may, by unanimous decision of its board of park commissioners, sell, exchange, or otherwise dispose of any real or personal property acquired for park or recreational purposes when such property is declared surplus for park or other recreational purposes: PROVIDED, That where the property is acquired by donation or dedication for park or recreational purposes, the consent of the donor or dedicator, his or her heirs, successors, or assigns is first obtained if the consent of the donor is required in the instrument conveying the property to the metropolitan park district. In the event the donor or dedicator, his or her heirs, successors, or assigns cannot be located after a reasonable search, the metropolitan park district may petition the superior court in the county where the property is located for approval of the sale. If sold, all sales shall be by public bids and sale made only to the highest and best bidder.

     (3) In addition to the conditions contained in subsection (2) of this section, a metropolitan park district with an ex officio board of park commissioners shall not declare surplus its real property acquired for park or recreational purposes without first having offered to donate that property to the city within which it is located.

     Sec. 8. RCW 35.61.150 and 1998 c 121 s 1 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, metropolitan park commissioners shall perform their duties and may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to seventy dollars for each day or portion of a day devoted to the business of the district. However, the compensation for each commissioner must not exceed six thousand seven hundred twenty dollars per year. Any commissioner may waive all or any portion of his or her compensation payable under this subsection as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

     (2) Metropolitan park commissioners who serve in an ex officio capacity shall perform their duties as park commissioners without additional compensation. However, the city treasurer may not charge a greater amount for treasury services than permitted the county treasurer for similar services under RCW 36.29.020.

     Sec. 9. RCW 35.61.180 and 1987 c 203 s 1 are each amended to read as follows:

     ((The county treasurer of the county within which all, or the major portion, of the district lies shall be the ex officio treasurer of a metropolitan park district, but shall receive no compensation other than his or her regular salary for receiving and disbursing the funds of a metropolitan park district.)) (1) The treasurer of a metropolitan park district shall be the city treasurer of the most populated city included in the district's boundaries. The city treasurer, when acting as the treasurer of a metropolitan park district, shall receive no compensation other than his or her regular salary for acting as the treasurer of the metropolitan park district.

     (2) Notwithstanding the provisions of subsection (1) of this section, a metropolitan park district may designate someone other than the ((county)) city treasurer who has experience in financial or fiscal affairs to act as the district treasurer if the board has received the approval of the ((county)) city treasurer to designate this person. If the board designates someone other than the ((county)) city treasurer to act as the district treasurer, the board shall purchase a bond from a surety company operating in the state that is sufficient to protect the district from loss. A district treasurer so designated shall possess all powers relating to the metropolitan park district that are possessed by the city treasurer, other than the authority to collect property taxes.

     (3) Notwithstanding RCW 35.61.210, general taxes of the metropolitan park district shall be distributed to the treasurer of the metropolitan park district by the county treasurer as is done for cities.

     Sec. 10. RCW 35.61.200 and 1983 c 167 s 56 are each amended to read as follows:

     Any coupons for the payment of interest on metropolitan park district bonds shall be considered for all purposes as warrants drawn upon the metropolitan park district fund against which the bonds were issued, and when presented after maturity to the treasurer of the ((county having custody of the fund)) metropolitan park district. If there are no funds in the treasury to pay the coupons, the ((county)) metropolitan park district treasurer shall endorse ((said)) the coupons as presented for payment, in the same manner as county warrants are endorsed, and thereafter the coupon shall bear interest at the same rate as the bond to which it was attached. If there are no funds in the treasury to make payment on a bond not having coupons, the interest payment shall continue bearing interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.

     Sec. 11. RCW 35.61.250 and 1985 c 416 s 4 are each amended to read as follows:

     (1) The territory adjoining a metropolitan park district with a separately elected board of park commissioners may be annexed to and become a part ((thereof upon)) of the metropolitan park district under a petition and ((an)) election ((held pursuant thereto)) method of annexation. The petition shall define the territory proposed to be annexed and must be signed by twenty-five registered voters, resident within the territory proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent of the registered voters residing within the territory proposed to be annexed. The petition must be addressed to the board of park commissioners requesting that the question be submitted to the legal voters of the territory proposed to be annexed, whether they will be annexed and become a part of the metropolitan park district.

     (2) A metropolitan park district with an ex officio board of park commissioners as provided under RCW 35.61.050(2) may not annex territory under the provisions of RCW 35.61.250 through 35.61.280 and shall maintain boundaries identical with those of the city in which it is located, including any territory annexed by the city.

     Sec. 12. RCW 35.61.290 and 1985 c 416 s 5 are each amended to read as follows:

     (1)(a) Except as set forth in (b) of this subsection, any city within or comprising any metropolitan park district may turn over to the park district any lands, facilities, equipment, or interests in any lands, facilities, or equipment which it may own, or any street, avenue, or public place within the city for playground, park or parkway purposes, and thereafter its control and management shall vest in the board of metropolitan park commissioners((: PROVIDED, That)). However, the police regulations of ((such)) the city, or the county should the premises be outside the city limits, shall apply to all such premises.

     (b) A metropolitan park district created with an ex officio board of park commissioners shall never become the owner of a park that, at the time of creation of the district, was owned by the city in which the metropolitan park district was created. Additionally, the legislative authority of a city in which a metropolitan park district with an ex officio board of park commissioners is created may contract with that district for overall management and operation of any city parks and recreation facilities or lease any city parks and recreation facilities to that district only after the city legislative authority holds a public hearing on the proposed lease or proposed management and operation by the metropolitan park district. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the city legislative authority under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved. The terms and conditions under which the city proposes to lease to the metropolitan park district or contract with the metropolitan park district for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the city legislative authority may amend the proposed terms and conditions at open public meetings.

     (2) At any time that any such metropolitan park district is unable, through lack of sufficient funds, to provide for the continuous operation, maintenance, and improvement of the parks and playgrounds and other properties or facilities owned by it or under its control, and the legislative body of any city within or comprising such metropolitan park district shall determine that an emergency exists requiring the financial aid of such city to be extended in order to provide for such continuous operation, maintenance, and/or improvement of parks, playgrounds facilities, other properties, and programs of such park district within its limits, ((such)) the city may grant or loan to ((such)) the metropolitan park district such of its available funds, or such funds which it may lawfully procure and make available, as it shall find necessary to provide for such continuous operation and maintenance and, pursuant thereto, any ((such)) city and the board of park commissioners of ((such)) the metropolitan park district are authorized and empowered to enter into an agreement embodying such terms and conditions of any such grant or loan as may be mutually agreed upon.

     (3) The board of metropolitan park commissioners may accept public streets of the city and grounds for public purposes when donated for park, playground, boulevard and park purposes.

     (((2))) (4) Counties may turn over to ((the)) a metropolitan park district any park and recreation lands and parks and recreation facilities and equipment or interests in any lands, facilities, or equipment that they own, and the board of metropolitan park commissioners may accept such lands and equipment or interests in any lands, facilities, or equipment.

     NEW SECTION. Sec. 13. A new section is added to chapter 35.61 RCW to read as follows:

     (1) A metropolitan park district governed under RCW 35.61.050(2) may contract with a nonprofit corporation or other public or private organization, including the city whose voters created the district, to manage or carry out any of its operations, except that no for-profit entity may have a contract for the overall management and operation of any parks and recreation facilities. No such contract for the overall management and operation of any park and recreation facility shall have an initial term or any renewal term longer than thirty years but may be renewed by the ex officio board of park commissioners upon the expiration of an initial or any renewal term. A metropolitan park district governed under RCW 35.61.050(2) may, however, grant and may authorize the managing and operating entity to grant to any nonprofit corporation or other public or private organization franchises or concessions that further the public use and enjoyment of parks and recreation facilities.

     (2) Before approving each initial and any renewal contract with a nonprofit corporation for the overall management and operation of any parks and recreation facilities, the ex officio board of metropolitan park commissioners shall hold a public hearing on the proposed management and operation by such a nonprofit corporation. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the board under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved and the nonprofit corporation proposed for management and operation under contract with the metropolitan park district. The terms and conditions under which the metropolitan park district proposes to contract with the nonprofit corporation for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the board of metropolitan park commissioners may amend the proposed terms and conditions at open public meetings.

     (3) A metropolitan park district governed under RCW 35.61.050(2) shall contract with the city whose voters created the district to carry out all of the metropolitan park district's management and operations except for the management and operation of parks and recreation facilities for which the metropolitan park district has a contract with another public agency or a nonprofit corporation under subsection (1) or (2) of this section. The contract with the city may provide for its termination if the metropolitan park district commissioners approve a contract with another entity under subsection (1) or (2) of this section.

     (4) The nonprofit corporation or other public organization with responsibility for overall management or operation of any parks and recreation facilities may in carrying out that responsibility manage and supervise employees of the metropolitan park district governed under RCW 35.61.050(2) and may hire, fire, and otherwise discipline those employees. A civil service established under RCW 35.61.140 may include such management and supervision by persons not employed by the metropolitan park district.

     NEW SECTION. Sec. 14. A new section is added to chapter 35.61 RCW to read as follows:

     (1) Notwithstanding any provisions to the contrary contained in a city charter, and to the extent provided by the city under an appropriate legislative enactment, some or all employees of a metropolitan park district with an ex officio board of park commissioners may be included in the retirement plan of a city that shares territory with the metropolitan park district if they were previously employed by the city and were members of its retirement plan. The city and metropolitan park district are each authorized to pay the parts of the expense of operating and maintaining the retirement system and to contribute to the retirement fund on behalf of employees those sums as may be agreed upon between the legislative authorities of the city and the metropolitan park district, but a proportionate share of system expenses must be borne by or on behalf of the metropolitan park district employees.

     (2) In a metropolitan park district with an ex officio board of park commissioners, neither the chief executive officer nor officers chiefly responsible for operating a facility or program, as designated by the board of metropolitan park commissioners, shall be members of the civil service that may be established under RCW 35.61.140.

     Sec. 15. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:

     Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

     The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

     When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

     (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies subject to the one percent limitation in a county containing a metropolitan park district governed under RCW 35.61.050(2) still exceeds one percent of the true and fair value of any property, then the remaining levy for that metropolitan park district shall be reduced until the combined rate no longer exceeds one percent or shall be eliminated; (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (((c))) (d) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

     (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

     (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

     (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

     (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

     (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

     (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

     In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.

     NEW SECTION. Sec. 16. A new section is added to chapter 35.61 RCW to read as follows:

     Notwithstanding any other provision of this chapter, but without eliminating or overriding the requirements for unanimous board action and consent under RCW 35.61.132, the voters of a metropolitan park district governed under RCW 35.61.050(2) have the power to initiate and refer to themselves legislation to prevent or authorize the disposition of specified real property of the district. The powers of initiative and referendum within this subject area shall be exercised in the same manner and with the same effect as permitted for the voters of the city with which the metropolitan park district shares its boundaries.

     NEW SECTION. Sec. 17. A new section is added to chapter 35.61 RCW to read as follows:

     Notwithstanding any other provision of this chapter, but without eliminating or overriding the requirements for unanimous board action and consent contained in RCW 35.61.132 for the disposition of property, the voters of a metropolitan park district governed under RCW 35.61.050(2) shall have the power, within the scope of the functions of such a metropolitan park district, to initiate and refer to themselves legislation to the same extent and on the same matters as do the voters of the city with which the metropolitan park district shares its boundaries. These powers of initiative and referendum shall be exercised in the same manner and with the same effect as permitted for the voters of that city."

    The President declared the question before the Senate to be the motion by Senator Patterson to not adopt the Committee on State and Local Government striking amendment to Substitute House Bill No. 1189.

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

 

MOTION

 

    Senator Kohl-Welles moved that the following striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 35.61 RCW to read as follows:

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

     (1) "City" means both cities and towns, including code cities.

     (2) "Ex officio board of park commissioners" means the board of park commissioners of a metropolitan park district, only including a city with a population of five hundred thousand or more within its boundaries, that is composed of only the members of a city legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) acting ex officio and independently as provided under RCW 35.61.050(2).

     (3) "Separately elected board of park commissioners" means a board of park commissioners of a metropolitan park district that is composed of five separately elected commissioners as provided under RCW 35.61.050(1) and 35.61.120(1).

     (4) "Land or lands" refers to land, water, or air, or any of the rights therein or improvements thereon.

     Sec. 2. RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:

     (1) A ballot proposition authorizing the creation of a metropolitan park district shall be submitted by ordinance to the voters of a city with a population of at least five thousand at any general election, or at any special election which may be called for that purpose, ((or at any city election held in the city in all of the various voting precincts thereof, the city council or commission may,)) if the legislative authority of the city enacts such an ordinance after adopting a resolution proposing creation of a metropolitan park district or ((on)) if a petition ((of)) proposing creation of a metropolitan park district is submitted to the county auditor that has been signed by at least fifteen percent of the ((qualified electors of the)) registered voters residing in the city ((based upon the registration for the last preceding general city election, shall by ordinance, submit to the voters of the city the proposition of creating a metropolitan park district, the limits of which shall be)).

     (2) If city voters approve the ballot proposition by a simple majority vote, a metropolitan park district shall be created that is coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city.

     (3) Territory by virtue of its annexation to any city having heretofore created a park district shall be deemed to be ((within the limits of)) annexed to the metropolitan park district.

     ((The city council or commission shall submit the proposition at a special election to be called therefor when the petition so requests.))

     Sec. 3. RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:

     ((In submitting the question to the voters for their approval or rejection, the city council or commission shall pass an ordinance declaring its intention to submit the proposition of creating a metropolitan park district to the qualified voters of the city. The ordinance shall be published once a week for two consecutive weeks in the official newspaper of the city, and the city council or commission shall cause to be placed upon the ballot for the election, at the proper place, the)) (1) The ballot proposition authorizing the creation of a metropolitan park district that is submitted to voters for their approval or rejection shall appear on the ballot of the next general election; or, at the option of the legislative authority, at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the adoption of the last resolution proposing the creation of the park district, or the date the county auditor certifies that the petition proposing the creation of the park district contains sufficient valid signatures.

     (2) The legislative authority of a city placing on the ballot a proposition ((which)) authorizing the creation of a metropolitan park district shall ((be expressed in)), in the ordinance submitting the question to the voters, choose and describe the composition of the initial metropolitan park district commission that is proposed under RCW 35.61.050. The proposition shall include the following terms:

     □ "For the formation of a metropolitan park district."

     □ "Against the formation of a metropolitan park district."

     Sec. 4. RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:

     (1) Except as provided under subsection (2) of this section, five park commissioners shall be elected at large as the initial members of the board of park commissioners for the metropolitan park district at the same election at which the ballot proposition is submitted to the voters as to whether a metropolitan park district is to be formed((, five park commissioners shall be elected)). The election of metropolitan park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. ((No)) A primary shall not be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a metropolitan park commissioner. The staggering of the terms of office shall occur as follows: (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (((2))) (b) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (((3))) (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year.

     The initial metropolitan park commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all commissioners shall be elected to six-year terms of office at general elections held in odd-numbered years.

     All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.

     (2) The ballot proposition creating a new metropolitan park district that only consists of a city with a population of five hundred thousand or more may provide for the city's legislative authority (including the elected mayor, if any, acting in the mayor's ordinary legislative capacity) to act in an ex officio and independent capacity as the board of commissioners for the metropolitan park district. An election shall not be held to elect the initial metropolitan park district commissioners if such an option is taken.

     Sec. 5. RCW 35.61.120 and 1965 c 7 s 35.61.120 are each amended to read as follows:

     (1) The officers of a metropolitan park district shall be a board of park commissioners consisting of five members unless the board is composed as permitted under RCW 35.61.050(2). The board shall annually elect one of their number as president and another of their number as clerk of the board. The composition of a board under this subsection that was created before January 1, 1999, may not be altered once the metropolitan park district has been created.

 

 

 

 

     (2) The composition of a board of metropolitan park district commissioners established as permitted under RCW 35.61.050(2) may be altered to a separately elected board of park commissioners once the metropolitan park district has been created only by a majority vote of the voters in the district, and then only if the potential for such an alteration was stated in the resolution or petition to create the district.

     Sec. 6. RCW 35.61.130 and 1969 c 54 s 1 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, a metropolitan park district has the right of eminent domain, and may purchase, acquire, and condemn lands lying within or without the boundaries of ((said)) the park district, for public parks, parkways, boulevards, ((aviation landings)) and playgrounds, and may condemn such lands for any of the following purposes: (a) To widen, alter, and extend streets, avenues, boulevards, parkways, ((aviation landings)) and playgrounds((,)); (b) to alter, enlarge, and extend existing parks((,)); and (c) to acquire lands for the establishment of new parks, boulevards, parkways, ((aviation landings)) and playgrounds.

     (2) A metropolitan park district formed after January 1, 1999, has no power to condemn lands outside its boundaries.

     (3) The right of eminent domain shall be exercised and instituted pursuant to resolution of the board of metropolitan park commissioners and conducted in the same manner and under the same procedure as is or may be provided by law for the exercise of the power of eminent domain by ((incorporated)) cities ((and towns)) of the state of Washington in the acquisition of property rights((: PROVIDED,)). However, funds to pay for condemnation allowed by this section shall be raised only as specified in this chapter.

     (4) The board of metropolitan park commissioners ((shall have power to)) may employ counsel((,)) and ((to)) regulate, manage, and control the parks, parkways, boulevards, streets, avenues, ((aviation landings)) and playgrounds under its control((, and to)).

     (5) The board of metropolitan park commissioners may provide for park ((policemen)) police, for a secretary of the board of metropolitan park commissioners, and for all necessary employees, ((to)) and fix their salaries and duties. In a metropolitan park district governed under RCW 35.61.050(2), the city's mayor shall serve ex officio as the chief executive officer of the metropolitan park district unless otherwise provided by the board of metropolitan park district commissioners.

     (6) The board of metropolitan park commissioners ((shall have power to)) may improve, acquire, extend and maintain, open, and lay out((,)) parks, parkways, boulevards, avenues, ((aviation landings)) and playgrounds, within or without the metropolitan park district((, and to)).

     (7) The board of metropolitan park commissioners may authorize, conduct, and manage the letting of boats, or other amusement apparatus, the operation of bath houses, the purchase and sale of foodstuffs or other merchandise, the giving of vocal or instrumental concerts or other entertainments, the establishment and maintenance of ((aviation landings and)) playgrounds, and the provision, establishment, operation, maintenance, and improvement of recreational facilities, all on property owned by itself or others.

     (8) The board of metropolitan park commissioners may provide generally for the management and conduct of such forms of recreation or business as it shall judge desirable or beneficial for the public, or for the production of revenue for expenditure for parks and recreation purposes((; and)).

     (9) The board of metropolitan park commissioners may pay out moneys for: (a) The maintenance and improvement of any such public parks, parkways, boulevards, avenues, ((aviation landings)) and playgrounds as now exist, or the right to which may hereafter be acquired, within or without the limits of ((said city and for)) the metropolitan park district; (b) the purchase of lands within or without the limits of ((said city)) the metropolitan park district, whenever it deems the purchase to be for the benefit of the public and for the interest of the metropolitan park district, and for the maintenance and improvement thereof; and ((for)) (c) all expenses incidental to its duties((: PROVIDED, That)). However, all parks, boulevards, parkways, ((aviation landings)) and playgrounds shall be subject to the police regulations of the city or county within whose limits they lie.

     Sec. 7. RCW 35.61.132 and 1989 c 319 s 4 are each amended to read as follows:

     (1) An ex officio board of metropolitan park district commissioners is authorized, by unanimous board decision and with the approval of the legislative authority of the city within which it is located, to convey any or all of its real or personal property to that city.

     (2) Except as set forth in subsection (3) of this section, every metropolitan park district may, by unanimous decision of its board of park commissioners, sell, exchange, or otherwise dispose of any real or personal property acquired for park or recreational purposes when such property is declared surplus for park or other recreational purposes: PROVIDED, That where the property is acquired by donation or dedication for park or recreational purposes, the consent of the donor or dedicator, his or her heirs, successors, or assigns is first obtained if the consent of the donor is required in the instrument conveying the property to the metropolitan park district. In the event the donor or dedicator, his or her heirs, successors, or assigns cannot be located after a reasonable search, the metropolitan park district may petition the superior court in the county where the property is located for approval of the sale. If sold, all sales shall be by public bids and sale made only to the highest and best bidder.

     (3) In addition to the conditions contained in subsection (2) of this section, a metropolitan park district with an ex officio board of park commissioners shall not declare surplus its real property acquired for park or recreational purposes without first having offered to donate that property to the city within which it is located.

     Sec. 8. RCW 35.61.150 and 1998 c 121 s 1 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, metropolitan park commissioners shall perform their duties and may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to seventy dollars for each day or portion of a day devoted to the business of the district. However, the compensation for each commissioner must not exceed six thousand seven hundred twenty dollars per year. Any commissioner may waive all or any portion of his or her compensation payable under this subsection as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

     (2) Metropolitan park commissioners who serve in an ex officio capacity shall perform their duties as park commissioners without additional compensation.

     Sec. 9. RCW 35.61.180 and 1987 c 203 s 1 are each amended to read as follows:

     ((The county treasurer of the county within which all, or the major portion, of the district lies shall be the ex officio treasurer of a metropolitan park district, but shall receive no compensation other than his or her regular salary for receiving and disbursing the funds of a metropolitan park district.))                    (1) The treasurer of a metropolitan park district shall be the city treasurer of the most populous city included in the district's boundaries. The city treasurer, when acting as the treasurer of a metropolitan park district, shall receive no compensation other than his or her regular salary for acting as the treasurer of a metropolitan park district. The city treasurer may not charge a greater amount for treasury services than permitted for the county treasurer for similar services under RCW 36.29.020.

     (2) The treasurer of a metropolitan park district with an ex officio board of park commissioners established under RCW 35.61.050(2) shall be the city treasurer. The city treasurer shall possess and may exercise all powers with respect to the metropolitan park district that are possessed by a county treasurer with respect to a county, other than the authority to collect property taxes. The city treasurer, when acting as the treasurer of a metropolitan park district, shall receive no compensation other than his or her regular salary for acting as the treasurer of the metropolitan park district. The city treasurer may not charge a greater amount for treasury services than permitted for the county treasurer for similar services under RCW 36.29.020.

     (3) Notwithstanding the provisions of subsection (1) of this section, a metropolitan park district with a separately elected board of park commissioners may designate someone other than the ((county)) city treasurer who has experience in financial or fiscal affairs to act as the district treasurer if the board has received the approval of the ((county)) city treasurer to designate this person. If the board of metropolitan park commissioners designates someone other than the ((county)) city treasurer to act as the district treasurer, the board shall purchase a bond from a surety company operating in the state that is sufficient to protect the district from loss. A district treasurer so designated shall possess all powers relating to the metropolitan park district that are possessed by the city treasurer.

     (4) Notwithstanding RCW 35.61.210, general taxes of the metropolitan park district shall be distributed to the treasurer of the metropolitan park district by the county treasurer as is done for cities.

     Sec. 10. RCW 35.61.200 and 1983 c 167 s 56 are each amended to read as follows:

     Any coupons for the payment of interest on metropolitan park district bonds shall be considered for all purposes as warrants drawn upon the metropolitan park district fund against which the bonds were issued, and when presented after maturity to the treasurer of the ((county having custody of the fund)) metropolitan park district. If there are no funds in the treasury to pay the coupons, the ((county)) metropolitan park district treasurer shall endorse ((said)) the coupons as presented for payment, in the same manner as county warrants are endorsed, and thereafter the coupon shall bear interest at the same rate as the bond to which it was attached. If there are no funds in the treasury to make payment on a bond not having coupons, the interest payment shall continue bearing interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.

     Sec. 11. RCW 35.61.250 and 1985 c 416 s 4 are each amended to read as follows:

     (1) The territory adjoining a metropolitan park district with a separately elected board of park commissioners may be annexed to and become a part ((thereof upon)) of the metropolitan park district under a petition and ((an)) election ((held pursuant thereto)) method of annexation. The petition shall define the territory proposed to be annexed and must be signed by twenty-five registered voters, resident within the territory proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent of the registered voters residing within the territory proposed to be annexed. The petition must be addressed to the board of park commissioners requesting that the question be submitted to the legal voters of the territory proposed to be annexed, whether they will be annexed and become a part of the metropolitan park district.

     (2) A metropolitan park district with an ex officio board of park commissioners as provided under RCW 35.61.050(2) may not annex territory under the provisions of RCW 35.61.250 through 35.61.280 and shall maintain boundaries identical with those of the city in which it is located, including any territory annexed by the city.

     Sec. 12. RCW 35.61.290 and 1985 c 416 s 5 are each amended to read as follows:

     (1)(a) Except as set forth in (b) of this subsection, any city within or comprising any metropolitan park district may turn over to the park district any lands, facilities, equipment, or interests in any lands, facilities, or equipment which it may own, or any street, avenue, or public place within the city for playground, park or parkway purposes, and thereafter its control and management shall vest in the board of metropolitan park commissioners((: PROVIDED, That)). However, the police regulations of ((such)) the city, or the county should the premises be outside the city limits, shall apply to all such premises.

     (b) A metropolitan park district created with an ex officio board of park commissioners shall never become the owner of a park that, at the time of creation of the district, was owned by the city in which the metropolitan park district was created. Additionally, the legislative authority of a city in which a metropolitan park district with an ex officio board of park commissioners is created may not contract with that district for overall management and operation of any city parks and recreation facilities or lease any city parks and recreation facilities to that district except for a zoo and an aquarium including related administrative and support facilities. For such contracts the city legislative authority must first hold a public hearing on the proposed lease or proposed management and operation by the metropolitan park district. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the city legislative authority under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved. The terms and conditions under which the city proposes to lease to the metropolitan park district or contract with the metropolitan park district for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the city legislative authority may amend the proposed terms and conditions at open public meetings.

     (2) At any time that any such metropolitan park district is unable, through lack of sufficient funds, to provide for the continuous operation, maintenance, and improvement of the parks and playgrounds and other properties or facilities owned by it or under its control, and the legislative body of any city within or comprising such metropolitan park district shall determine that an emergency exists requiring the financial aid of such city to be extended in order to provide for such continuous operation, maintenance, and/or improvement of parks, playgrounds facilities, other properties, and programs of such park district within its limits, ((such)) the city may grant or loan to ((such)) the metropolitan park district such of its available funds, or such funds which it may lawfully procure and make available, as it shall find necessary to provide for such continuous operation and maintenance and, pursuant thereto, any ((such)) city and the board of park commissioners of ((such)) the metropolitan park district are authorized and empowered to enter into an agreement embodying such terms and conditions of any such grant or loan as may be mutually agreed upon.

     (3) The board of metropolitan park commissioners may accept public streets of the city and grounds for public purposes when donated for park, playground, boulevard and park purposes.

     (((2))) (4) Counties may turn over to ((the)) a metropolitan park district any park and recreation lands and parks and recreation facilities and equipment or interests in any lands, facilities, or equipment that they own, and the board of metropolitan park commissioners may accept such lands and equipment or interests in any lands, facilities, or equipment.

     NEW SECTION. Sec. 13. A new section is added to chapter 35.61 RCW to read as follows:

     (1)(a) A metropolitan park district governed under RCW 35.61.050(2) may contract with a nonprofit corporation or other public organization, including the city whose voters created the district, for the overall management and operation of any parks and recreation facilities, including a zoo and an aquarium for which the district has a management and operations contract under RCW 35.61.290(1)(b). No such contract for the overall management and operation of any parks and recreation facilities by a nonprofit corporation or other public organization shall have an initial term or any renewal term longer than thirty years but may be renewed by the ex officio board of park commissioners upon the expiration of an initial or any renewal term.

     (b) A metropolitan park district governed under RCW 35.61.050(2) may, however, grant and may authorize the managing and operating entity to grant to any nonprofit corporation or other public or private organization franchises or concessions that further the public use and enjoyment of parks and recreation facilities, and may contract and may authorize the managing and operating entity to contract with any public or private organization for such specific services as are routinely so procured by the city whose voters created the district.

     (2) Before approving each initial and any renewal contract with a nonprofit corporation for the overall management and operation of any parks and recreation facilities, the ex officio board of metropolitan park commissioners shall hold a public hearing on the proposed management and operation by such a nonprofit corporation. At least ten days prior to the hearing, there shall be published a public notice setting forth the date, time, and place of the hearing, at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the board under RCW 42.30.080. The notice shall identify the parks and recreation facilities involved and the nonprofit corporation proposed for management and operation under contract with the metropolitan park district. The terms and conditions under which the metropolitan park district proposes to contract with the nonprofit corporation for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the board of metropolitan park commissioners may amend the proposed terms and conditions at open public meetings.

     (3) A metropolitan park district governed under RCW 35.61.050(2) shall contract with the city whose voters created the district to carry out all of the metropolitan park district's management and operations except for the management and operation of parks and recreation facilities for which the metropolitan park district has a contract with another public agency or a nonprofit corporation under subsection (1) or (2) of this section. The contract with the city may provide for its termination if the metropolitan park district commissioners approve a contract with another entity under subsection (1) or (2) of this section.

     (4) The nonprofit corporation or other public organization with responsibility for overall management or operation of any parks and recreation facilities may in carrying out that responsibility manage and supervise employees of the metropolitan park district governed under RCW 35.61.050(2) and may hire, fire, and otherwise discipline those employees. A civil service established under RCW 35.61.140 may include such management and supervision by persons not employed by the metropolitan park district.

     NEW SECTION. Sec. 14. A new section is added to chapter 35.61 RCW to read as follows:

     (1) Notwithstanding any provisions to the contrary contained in a city charter, and to the extent provided by the city under an appropriate legislative enactment, some or all employees of a metropolitan park district with an ex officio board of park commissioners may be included in the retirement plan of a city that shares territory with the metropolitan park district if they were previously employed by the city and were members of its retirement plan. The city and metropolitan park district are each authorized to pay the parts of the expense of operating and maintaining the retirement system and to contribute to the retirement fund on behalf of employees those sums as may be agreed upon between the legislative authorities of the city and the metropolitan park district, but a proportionate share of system expenses must be borne by or on behalf of the metropolitan park district employees.

     (2) In a metropolitan park district with an ex officio board of park commissioners, neither the chief executive officer nor officers chiefly responsible for operating a facility or program, as designated by the board of metropolitan park commissioners, shall be members of the civil service that may be established under RCW 35.61.140.

     Sec. 15. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:

     Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

     The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

     When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

     (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies subject to the one percent limitation in a county containing a metropolitan park district governed under RCW 35.61.050(2) still exceeds one percent of the true and fair value of any property, then the remaining levy for that metropolitan park district shall be reduced until the combined rate no longer exceeds one percent or shall be eliminated; (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (((c))) (d) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

     (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

     (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

     (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

     (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created before January 1, 1999, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

     (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

     (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts created before January 1, 1999, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

     In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.

     NEW SECTION. Sec. 16. A new section is added to chapter 35.61 RCW to read as follows:

     Notwithstanding any other provision of this chapter, but without eliminating or overriding the requirements for unanimous board action and consent contained in RCW 35.61.132 for the disposition of property, the voters of a metropolitan park district governed under RCW 35.61.050(2) shall have the power, within the scope of the functions of such a metropolitan park district, to initiate and refer to themselves legislation to the same extent and on the same matters as do the voters of the city with which the metropolitan park district shares its boundaries. These powers of initiative and referendum shall be exercised in the same manner and with the same effect as permitted for the voters of that city."

 

POINT OF INQUIRY

 

    Senator Horn: “Senator Kohl-Welles, this is a new striking amendment. We have not had much chance to see very much of it. I wonder if you would explain to us whether this contains the option to have the metropolitan park district to have their own security forces?”

    Senator Kohl-Welles: “The authority for the metropolitan park district, and remember it is only in the city of Seattle that is affected here, would be able to hire park police. This is an existing law and when we passed the Senate version of this bill, we did include an amendment to take that part out at the request of the city of Tacoma Police Department. We found out later that, in fact, there was a lot of opposition to doing that and the King County Labor Council is opposed to that. This restores the language that is in existing statutes now. If the Tacoma Police Department wants to make a change in the exiting statutes, then it is perfectly able to introduce a bill to do that during the next legislative session.”

 

MOTION

 

    Senator Horn moved that the following amendments by Senators Horn, McCaslin and Heavey to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be considered simultaneously and be adopted:

     On page 1, beginning on line 12 of the amendment, after "(2)" strike all material through "(3)" on line 19 of the amendment

     Renumber the remaining subsection consecutively and correct internal references accordingly.

     On page 4, line 7 of the amendment, after "act" strike all material through "capacity"

     On page 7, beginning on line 22 of the amendment, after "commissioners" strike all material through "capacity" on line 23 of the amendment

     On page 5, line 21 of the amendment, after "serve" strike "ex officio"

     On page 6, line 19 of the amendment, after "(1)" strike "An ex officio" and insert "A"

     On page 7, line 2 of the amendment, after "with" strike "an ex officio" and insert "a"

     On page 9, line 23 of the amendment, after "with" strike "an ex officio" and insert "a"

     On page 10, line 3 of the amendment, after "with" strike "an ex officio" and insert "a"

     On page 10, line 8 of the amendment, after "with" strike "an ex officio" and insert "a"

     On page 11, line 28 of the amendment, after "by the" strike "ex officio"

     On page 12, line 3 of the amendment, after "the" strike "ex officio"

     On page 13, line 6 of the amendment, after "with" strike "an ex officio" and insert "a"

     On page 13, line 17 of the amendment, after "with" strike "an ex officio" and insert "a"

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendments by Senators Horn, McCaslin and Heavey on page 1, line 12; page 4, line 7; page 7, line 22; page 5, line 21; page 6, line 19; page 7, line 2; page 9, line 23; page 10, lines 3 and 8; page 11, line 28; page 12, line 3; and page 13, lines 6 and 17; to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189.

    The motion by Senator Horn failed and the amendments to the striking amendment were not adopted. 

 

MOTION

 

    Senator Horn moved that the following amendment by Senators Horn, McCaslin and Heavey to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be adopted:

     On page 2, beginning on line 29 of the amendment, after "election;" strike all material through "election" on line 30 of the amendment

    Debate ensued.

 

POINT OF ORDER

 

    Senator Johnson: “A point of order. I think the Senator now speaking is impugning the integrity of one of the members that preceded him.”

 

REPLY BY THE PRESIDENT

 

    President Owen: “Senator Kline, do be careful on how you refer to the other members, please.”

    Further debate ensued:

    The President declared the question before the Senate to be the adoption of the amendment by Senators Horn, McCaslin and Heavey on page 2, beginning on line 29, to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189.

    The motion by Senator Horn carried and the amendment to the striking amendment was adopted on a rising vote. 

 

MOTION

 

    Senator Heavey moved that the following amendment by Senators Horn, McCaslin and Heavey to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be adopted:

     On page 3, after line 4 of the amendment, insert the following:

     "(3) No earlier than at the next special election occurring at least ninety days after the election resulting in the creation of the district under RCW 35.61.050(2), there shall be placed before the voters by the legislative authority a second, separate ballot proposition authorizing the property tax levy for the metropolitan park district. The property tax is authorized only if a majority of at least three-fifths of the registered voters approve the proposition authorizing the levy submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election. Included in this ballot proposition shall be the statement that (a) the revenues from the property tax may only be used to fund a zoo; and (b) a stipulation that the city will maintain at least its current funding for its zoo which may be measured by a set dollar amount, a dollar amount to be adjusted by the consumer price index, or a percentage of the general fund."

    Debate ensued.

 

CALL FOR THE PREVIOUS QUESTION

 

    Senators Snyder, Wojahn and Prentice called for the previous question and the demand was sustained.

    The President declared the question before the Senate to be shall the main question be now put.

    Senator Heavey demanded a roll call on the call for the previous question.

 

WITHDRAWAL OF MOTION FOR ROLL CALL ON THE CALL FOR PREVIOUS QUESTION

 

    There being no objection, Senator Heavey withdrew the demand for a roll call on the call for the previous question.

    Senator Heavey demanded a roll call on the adoption of the amendment by Senators Heavey, Horn and McCaslin on page 3, after line 4, to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189, 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 Senators Heavey, McCaslin and Horn on page 3, after line 4, to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189.

 

ROLL CALL

 

    The Secretary called the roll and the amendment to the striking amendment was adopted by the following vote: Yeas, 29; Nays, 19; Absent, 1; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Goings, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Johnson, McAuliffe, McCaslin, McDonald, Morton, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 29.

     Voting nay: Senators Costa, Eide, Fraser, Gardner, Hale, Haugen, Jacobsen, Kline, Kohl-Welles, Long, Loveland, Oke, Patterson, Sellar, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 19.

     Absent: Senator Deccio - 1.

 

MOTION

 

    Senator Horn moved that the following amendment by Senators Horn and McCaslin to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be adopted:

     On page 3, after line 4 of the amendment, insert the following:

     "(3) No earlier than at the next special election occurring at least ninety days after the election resulting in the creation of the district under RCW 35.61.050(2), there shall be placed before the voters by the legislative authority a second, separate ballot proposition authorizing the property tax levy for the metropolitan park district. Included in this ballot proposition shall be the statement that (a) the revenues from the property tax may only be used to fund a zoo; and (b) a stipulation that the city will maintain at least its current funding for its zoo which may be measured by a set dollar amount, a dollar amount to be adjusted by the consumer price index, or a percentage of the general fund."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendments by Senators Horn, McCaslin and Heavey on page 3, after line 4, to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189.

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

 

MOTION

 

    Senator Horn moved that the following amendment by Senators Horn, McCaslin and Heavey to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be adopted:

     On page 5, line 37 of the amendment, after "itself" strike "or others"

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendments by Senators Horn, McCaslin and Heavey on page 5, line 37, to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189.

    The motion by Senator Horn failed and the amendment to the striking amendment was not adopted on a rising vote . 

 

MOTION

 

    Senator Stevens moved that the following amendment by Senators Stevens, Finkbeiner, Hargrove, Hochstatter, Rossi and Sheahan to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be adopted:

     On page 5, line 26, after "others." insert the following:

"However, the board of metropolitan park commissioners may not authorize, establish, operate, maintain, or improve a sports stadium to be used for any professional sport."

     Renumber the sections consecutively and correct any internal references accordingly.

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendments by Senators Stevens, Finkbeiner, Hargrove, Hochstatter, Rossi and Sheahan on page 5, line 26, to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189.

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

 

MOTION

 

    Senator Heavey moved that the following amendment by Senators Heavey, McCaslin, Fairley and West to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson be adopted:

     On page 16, after line 9 of the amendment, insert the following:

     "NEW SECTION. Sec. 17. Nothing in this act shall be construed to affect any terms, conditions, or practices contained in a collective bargaining agreement in effect on the effective date of this act."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendments by Senators Heavey, McCaslin, Fairley and West on page 16, after line 9, to the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson to Substitute House Bill No. 1189.

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

    The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kohl-Welles, Kline, Hale, Long, Gardner and Patterson, as amended, to Substitute House Bill No. 1189.

    The motion by Senator Kohl-Welles carried and the striking amendment, as amended, was adopted.

 

MOTIONS

 

    On motion of Senator Kohl-Welles, the following title amendments were considered simultaneously and were adopted:

     On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 35.61.020, 35.61.030, 35.61.050, 35.61.120, 35.61.130, 35.61.132, 35.61.150, 35.61.180, 35.61.200, 35.61.250, 35.61.290, and 84.52.010; and adding new sections to chapter 35.61 RCW."

     On page 16, line 16 of the title amendment, after "84.52.010;" strike "and" and on line 17 of the title amendment, after "RCW" insert "; and creating a new section"

    On motion of Senator Kohl-Wells, the rules were suspended, Substitute House Bill No. 1189, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

 

POINT OF INQUIRY

 

    Senator Wojahn: “Senator Kohl-Welles, you stated on the floor that this would not give the metropolitan parks the right of eminent domain. Now, the main bill does. The metropolitan park districts have always had the right of eminent domain, so I would like to know if in this bill it has been taken out via your amendment?”

     Senator Kohl-Welles: “Yes, Senator Wojahn. For the metropolitan park district for Seattle--this is only for Seattle--the eminent domain rights have been deleted.”

    Senator Wojahn: “Can you point that out to me in your amendment? I can't find it, but it may be there.”

    Senator Kohl-Welles: “If you could give me a moment to find it.”

 

REMARKS BY SENATOR McCASLIN

 

    Senator McCaslin: “Thank you, Mr. President. On page 5, Sub (2) of Section six, it says, 'A metropolitan park district formed after January 1, 1999, has no power to condemn lands outside its boundaries.' It doesn't say anything about buying them.'”

    Further debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1189, as amended by the Senate.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of Substitute House Bill No. 1189 as amended by the Senate, and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 24; Absent, 1; Excused, 0.

     Voting yea: Senators Costa, Eide, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McDonald, Patterson, Prentice, Rossi, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and West - 24.

     Voting nay: Senators Bauer, Benton, Brown, Fairley, Franklin, Heavey, Hochstatter, Honeyford, Horn, Johnson, McAuliffe, McCaslin, Morton, Oke, Rasmussen, Roach, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, Winsley, Wojahn and Zarelli - 24.

     Absent: Senator Deccio - 1.

    SUBSTITUTE HOUSE BILL NO. 1189, as amended by the Senate, having failed to receive the constitutional majority, was declared lost.

 

NOTICE FOR RECONSIDERATION

 

    Having voted on the prevailing side, Senator Benton served notice to reconsider the vote by which Substitute House Bill No.1189, as amended by the Senate, failed to pass the Senate.

 

PARLIAMENTARY INQUIRY

 

    Senator Heavey: “Thank you, Mr. President, a point of parliamentary inquiry. If the vote is twenty-four to twenty-four, is there a prevailing side?”

 

REPLY BY THE PRESIDENT

 

    President Owen: “The prevailing side is 'no' Senator.”

    Senator Heavey: “Thank you.”

 

SECOND READING

 

    SUBSTITUTE HOUSE BILL NO. 1747, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville and G. Chandler) (by request of Washington State Conservation Commission)

 

Changing conservation district provisions.

 

    The bill was read the second time.

 

MOTION

 

     Senator Rasmussen moved that the following Committee on Agriculture and Rural Economic Development amendment be adopted:

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 89.08.020 and 1973 1st ex.s. c 184 s 3 are each amended to read as follows:

     Unless the context clearly indicates otherwise, as used in this chapter:

     "Commission" and "state conservation commission" means the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservation commission";

     "District", or "conservation district" means a governmental subdivision of this state and a public body corporate and politic, organized in accordance with the provisions of ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess., for the purposes, with the powers, and subject to the restrictions set forth in this chapter. All districts created under ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess. shall be known as conservation districts and shall have all the powers and duties set out in ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess.. All references in ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess. to "districts", or "soil and water conservation districts" shall be deemed to be reference to "conservation districts";

     "Board" and "supervisors" mean the board of supervisors of a conservation district;

     "Land occupier" or "occupier of land" includes any person, firm, political subdivision, government agency, municipality, public or private corporation, copartnership, association, or any other entity whatsoever which holds title to, or is in possession of, any lands lying within a district organized under the provisions of ((this 1973 amendatory act)) chapter 184, Laws of 1973 1st ex. sess., whether as owner, lessee, renter, tenant, or otherwise;

     "District elector" or "voter" means a ((qualified county elector occupying land)) registered voter in the county where the district is located who resides within the district boundary or in the area affected by a petition;

     "Due notice" means a notice published at least twice, with at least six days between publications, in a publication of general circulation within the affected area, or if there is no such publication, by posting at a reasonable number of public places within the area, where it is customary to post notices concerning county and municipal affairs. Any hearing held pursuant to due notice may be postponed from time to time without a new notice;

     "Renewable natural resources", "natural resources" or "resources" includes land, air, water, vegetation, fish, wildlife, wild rivers, wilderness, natural beauty, scenery and open space;

     "Conservation" includes conservation, development, improvement, maintenance, preservation, protection and use, and alleviation of floodwater and sediment damages, and the disposal of excess surface waters.

     "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to agricultural uses; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands".

     Sec. 2. RCW 89.08.080 and 1973 1st ex.s. c 184 s 9 are each amended to read as follows:

     To form a conservation district, ((twenty-five or more persons occupying land)) twenty percent of the voters within the area to be affected may file a petition with the commission asking that the area be organized into a district.

     The petition shall give the name of the proposed district, state that it is needed in the interest of the public health, safety, and welfare, give a general description of the area proposed to be organized and request that the commission determine that it be created, and that it define the boundaries thereof and call an election on the question of creating the district.

     If more than one petition is filed covering parts of the same area, the commission may consolidate all or any of them.

     Sec. 3. RCW 89.08.110 and 1973 1st ex.s. c 184 s 12 are each amended to read as follows:

     If the commission finds that the district is needed, it shall then determine whether it is practicable. To assist the commission in determining this question, it shall, within a reasonable time, submit the proposition to a vote of the ((land occupiers)) district electors in the proposed district.

     The commission shall fix the date of the election, designate the polling places, fix the hours for opening and closing the polls, and appoint the election officials. The election shall be conducted, the vote counted and returns canvassed and the results published by the commission.

     Sec. 4. RCW 89.08.130 and 1973 1st ex.s. c 184 s 14 are each amended to read as follows:

     The commission shall give due notice of the election, which shall state generally the purpose of the election, the date thereof, the place and hours of voting, and set forth the boundaries of the proposed district.

     Only qualified district electors within the proposed district as determined by the commission may vote at the election. Each voter shall vote in the polling place nearest ((his)) the voter's residence. ((If he resides outside the district, he shall vote at the nearest polling place of the district.))

     Sec. 5. RCW 89.08.150 and 1973 1st ex.s. c 184 s 16 are each amended to read as follows:

     If a majority of the votes cast at the election are against the creation of the district, the commission shall deny the petition. If a majority favor the district, the commission shall determine the practicability of the project.

     In making such determination, the commission shall consider the attitude of the ((land occupiers)) voters of the district; the number of eligible voters who voted at the election; the size of the majority vote; the wealth and income of the land occupiers; the probable expense of carrying out the project; and any other economic factors relevant thereto.

     If the commission finds that the project is impracticable it shall enter an order to that effect and deny the petition. When the petition has been denied, no new petition covering the same or substantially the same area may be filed within six months therefrom.

     Sec. 6. RCW 89.08.180 and 1973 1st ex.s. c 184 s 19 are each amended to read as follows:

     Territory may be added to an existing district upon filing a petition as in the case of formation with the commission by ((occupiers of the lands)) twenty percent of the voters of the affected area to be included. The same procedure shall be followed as for the creation of the district.

     As an alternate procedure, the commission may upon the petition of a majority of the ((land occupiers)) voters in any one or more districts or in unorganized territory adjoining a conservation district change the boundaries of a district, or districts, if such action will promote the practical and feasible administration of such district or districts.

     Upon petition of the boards of supervisors of two or more districts, the commission may approve the combining of all or parts of such districts and name the district, or districts, with the approval of the name by the secretary of state. A public hearing and/or a referendum may be held if deemed necessary or desirable by the commission in order to determine the wishes of ((land occupiers)) the voters.

     When districts are combined, the joint boards of supervisors will first select a chairman, secretary and other necessary officers and select a regular date for meetings. All elected supervisors will continue to serve as members of the board until the expiration of their current term of office, and/or until the election date nearest their expiration date. All appointed supervisors will continue to serve until the expiration of their current term of office, at which time the commission will make the necessary appointments. In the event that more than two districts are combined, a similar procedure will be set up and administered by the commission.

     When districts are combined or territory is moved from one district to another, the property, records and accounts of the districts involved shall be distributed to the remaining district or districts as approved by the commission. A new certificate of organization, naming and describing the new district or districts, shall be issued by the secretary of state.

     NEW SECTION. Sec. 7. A new section is added to chapter 89.08 RCW to read as follows:

     The local governing body of any city or incorporated town within an existing district may approve by majority vote a petition to withdraw from the district. The petition shall be submitted to the district for its approval. If approved by the district, the petition shall be sent to the commission. The commission shall approve the petition and forward it to the secretary of state and the boundary of the district shall be adjusted accordingly. If the petition is not approved by the district, the district shall adopt a resolution specifying the reasons why the petition is not approved. The petition and the district's resolution shall be sent to the commission for its review. The commission shall approve or reject the petition based upon criteria it has adopted for the evaluation of petitions in dispute. If the commission approves the petition, it shall forward the petition to the secretary of state and the boundaries of the district shall be adjusted accordingly. The criteria used by the commission to evaluate petitions which are in dispute shall be adopted as rules by the commission under chapter 34.05 RCW, the administrative procedure act.

     Sec. 8. RCW 89.08.350 and 1973 1st ex.s. c 184 s 25 are each amended to read as follows:

     At any time after five years from the organization of a district, ((one hundred land occupiers)) twenty percent of the voters in the district may file with the commission a petition, praying that the district be dissolved. The commission may hold public hearings thereon, and within sixty days from receipt of the petition, shall give due notice of an election on the question of dissolution. It shall provide appropriate ballots, conduct the election, canvass the returns, and declare the results in the same manner as for elections to create a district.

     All district electors may vote at the election. No informality relating to the election shall invalidate it if notice is substantially given and the election is fairly conducted.

     Sec. 9. RCW 89.08.360 and 1973 1st ex.s. c 184 s 26 are each amended to read as follows:

     If a majority of the votes cast at the election are for dissolution, the district shall be dissolved. ((If two-thirds of the votes are against dissolution, the commission shall determine whether the continuance of the district is practicable. In making the determination it shall consider all the factors considered by it in determining that the district was practicable originally. If it finds that further operation of the district is impracticable it shall order it dissolved and certify its determination to the supervisors.))

     Sec. 10. RCW 89.08.370 and 1973 1st ex.s. c 184 s 27 are each amended to read as follows:

     If the district is ordered dissolved, the supervisors shall forthwith terminate the affairs of the district and dispose of all district property at public auction, and pay the proceeds therefrom to pay any debts of the district and any remaining balance to the state treasurer.

     They shall then file a verified application with the secretary of state for the dissolution of the district, accompanied by a certificate of the commission reciting the determination that further operation of the district is impracticable. The application shall recite that the property of the district has been disposed of, that the proceeds therefrom have been used to pay any debts of the district and any remaining balance paid to the treasurer, and contain a full accounting of the property and proceeds. Thereupon the secretary shall issue to the supervisors a certificate of dissolution and file a copy thereof in his or her records.

     NEW SECTION. Sec. 11. RCW 89.08.380 (Effect of dissolution--Commission substituted) and 1973 1st ex.s. c 184 s 28 & 1955 c 304 s 28 are each repealed."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the Committee on Agriculture and Rural Economic Development striking amendment to Substitute House Bill No. 1747.

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

 

MOTIONS

 

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

     On page 1, line 2 of the title, after "liability;" strike the remainder of the title and insert "amending RCW 89.08.020, 89.08.080, 89.08.110, 89.08.130, 89.08.150, 89.08.180, 89.08.350, 89.08.360, and 89.08.370; adding a new section to chapter 89.08 RCW; and repealing RCW 89.08.380."

    On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1747, 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. 1747, as amended by the Senate.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of Substitute House Bill No. 1747, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

     Absent: Senator Kohl-Welles - 1.

    SUBSTITUTE HOUSE BILL NO. 1747, 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. 1421, by Representatives Huff, H. Sommers, Hatfield, Benson and McIntire (by request of State Investment Board)

 

Authorizing the state investment board to establish additional commingled trust funds.

 

    The bill was read the second time.

 

MOTION

 

    On motion of Senator Shin, the rules were suspended, House Bill No. 1421 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. 1421.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of House Bill No. 1421 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.

    HOUSE BILL NO. 1421, 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. 1250, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives McIntire, Keiser, Sullivan, Santos, Benson, Hatfield, Quall, Barlean, Hurst, Dunshee, Bush, Constantine, Dickerson, Rockefeller, O'Brien and Kenney)

 

Protecting the privacy of financial information.

 

    The bill was read the second time.

 

MOTION

 

    On motion of Senator Shin, the following Committee on Commerce, Trade, Housing and Financial Institutions striking amendment was adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. INTENT. The legislature finds that financial information is personal and sensitive information that if unlawfully obtained by others may do significant harm to a person's privacy, financial security, and other interests. The legislature finds that unscrupulous persons find ever more clever ways, including identity theft, to improperly obtain and use financial information. The legislature intends to penalize unscrupulous people for improperly obtaining financial information.

     NEW SECTION. Sec. 2. PROHIBITING ATTEMPTS TO IMPROPERLY OBTAIN FINANCIAL INFORMATION. (1) No person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information repository:

     (a) By knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial information repository with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the financial information;

     (b) By knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial information repository with the intent to deceive the customer into releasing financial information or authorizing the release of such information;

     (c) By knowingly providing any document to an officer, employee, or agent of a financial information repository, knowing that the document is forged, counterfeit, lost, or stolen; was fraudulently obtained; or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent to release the financial information.

     (2) No person may request another person to obtain financial information from a financial information repository and knows or should have known that the person will obtain or attempt to obtain the information from the financial institution repository in any manner described in subsection (1) of this section.

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

     (a) "Financial information" means, to the extent it is nonpublic, any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:

     (i) Account numbers and balances;

     (ii) Transactional information concerning any account; and

     (iii) Codes, passwords, social security numbers, tax identification numbers, driver's license or permit numbers, state identicard numbers issued by the department of licensing, and other information held for the purpose of account access or transaction initiation.

     (b) "Financial information repository" means any person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person.

     (c) "Person" means an individual, partnership, corporation, or association.

     (4) No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, or any action of an agent of the financial information repository when working in conjunction with a law enforcement agency.

     (5) This section does not apply to:

     (a) Efforts by the financial information repository to test security procedures or systems of the financial institution repository for maintaining the confidentiality of customer information;

     (b) Investigation of alleged employee misconduct or negligence; or

     (c) Efforts to recover financial or personal information of the financial institution obtained or received by another person in any manner described in subsection (1) or (2) of this section.

     (6) Violation of this section is a class C felony.

     (7) A person that violates this section is liable for five hundred dollars or actual damages, whichever is greater, and reasonable attorneys' fees. If the person violating this section is a business that repeatedly violates this section, that person also violates the consumer protection act, chapter 19.86 RCW.

     NEW SECTION. Sec. 3. PROHIBITING IDENTITY THEFT. (1) No person may knowingly use or knowingly transfer a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity harming or intending to harm the person whose identity is used, or for committing any felony.

     (2) For purposes of this section, "means of identification" means any information or item that is not describing finances or credit but is personal to or identifiable with any individual or other person, including any current or former name of the person, telephone number, and electronic address or identifier of the individual or any member of his or her family, including the ancestor of such person; any information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; any social security, driver's license, or tax identification number of the individual or any member of his or her family; and other information which could be used to identify the person, including unique biometric data.

     (3) Violation of this section is a class C felony.

     (4) A person that violates this section is liable for five hundred dollars or actual damages, including costs to repair the person's credit record, whichever is greater, and reasonable attorneys' fees. If the person violating this section is a business that repeatedly violates this section, that person also violates the consumer protection act, chapter 19.86 RCW.

     Sec. 4. RCW 9A.82.010 and 1995 c 285 s 34 and 1995 c 92 s 5 are each reenacted and amended to read as follows:

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

     (1) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.

     (2) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.

     (3) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

     (4) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

     (5) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.

     (6) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

     (7) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

     (8) "Dealer in property" means a person who buys and sells property as a business.

     (9) "Stolen property" means property that has been obtained by theft, robbery, or extortion.

     (10) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

     (11) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

     (12) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

     (13) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.

     (14) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:

     (a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;

     (b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;

     (c) Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;

     (d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;

     (e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;

     (f) Unlawful sale of subscription television services, as defined in RCW 9A.56.230;

     (g) Theft of telecommunication services or unlawful manufacture of a telecommunication device, as defined in RCW 9A.56.262 and 9A.56.264;

     (h) Child selling or child buying, as defined in RCW 9A.64.030;

     (i) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;

     (j) Gambling, as defined in RCW 9.46.220 and 9.46.215 and 9.46.217;

     (k) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;

     (l) Extortionate extension of credit, as defined in RCW 9A.82.020;

     (m) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;

 

 

     (n) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;

     (o) Collection of an unlawful debt, as defined in RCW 9A.82.045;

     (p) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;

     (q) Trafficking in stolen property, as defined in RCW 9A.82.050;

     (r) Leading organized crime, as defined in RCW 9A.82.060;

     (s) Money laundering, as defined in RCW 9A.83.020;

     (t) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;

     (u) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;

     (v) Promoting pornography, as defined in RCW 9.68.140;

     (w) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;

     (x) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;

     (y) Arson, as defined in RCW 9A.48.020 and 9A.48.030;

     (z) Assault, as defined in RCW 9A.36.011 and 9A.36.021;

     (aa) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;

     (bb) A pattern of equity skimming, as defined in RCW 61.34.020;

     (cc) Commercial telephone solicitation in violation of RCW 19.158.040(1);

     (dd) Trafficking in insurance claims, as defined in RCW 48.30A.015;

     (ee) Unlawful practice of law, as defined in RCW 2.48.180;

     (ff) Commercial bribery, as defined in RCW 9A.68.060;

     (gg) Health care false claims, as defined in RCW 48.80.030; ((or))

     (hh) Unlicensed practice of a profession or business, as defined in RCW 18.130.190(7); or

     (ii) Identity, theft as defined in section 3 of this act.

     (15) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.

     (16) "Records" means any book, paper, writing, record, computer program, or other material.

     (17) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

     (18) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:

     (a) In violation of any one of the following:

     (i) Chapter 67.16 RCW relating to horse racing;

     (ii) Chapter 9.46 RCW relating to gambling;

     (b) In a gambling activity in violation of federal law; or

     (c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.

     (19)(a) "Beneficial interest" means:

     (i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;

     (ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or

     (iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.

     (b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.

     (c) A beneficial interest shall be considered to be located where the real property owned by the trustee is located.

     (20) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.

     (21)(a) "Trustee" means:

     (i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;

     (ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or

     (iii) A successor trustee to a person who is a trustee under subsection (21)(a)(i) or (ii) of this section.

     (b) "Trustee" does not mean a person appointed or acting as:

     (i) A personal representative under Title 11 RCW;

     (ii) A trustee of any testamentary trust;

     (iii) A trustee of any indenture of trust under which a bond is issued; or

     (iv) A trustee under a deed of trust.

     NEW SECTION. Sec. 5. EFFECTIVE DATE. This act takes effect January 1, 2000.

     NEW SECTION. Sec. 6. CAPTIONS NOT LAW. Captions used in this chapter are not part of the law.

     NEW SECTION. Sec. 7. SEVERABILITY CLAUSE. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

     NEW SECTION. Sec. 8. Sections 1 through 3 and 5 through 7 of this act constitute a new chapter in Title 9 RCW."

 

MOTIONS

 

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

     On page 1, line 1 of the title, after "information;" strike the remainder of the title and insert "reenacting and amending RCW 9A.82.010; adding a new chapter to Title 9 RCW; prescribing penalties; and providing an effective date."

    On motion of Senator Shin, the rules were suspended, Substitute House Bill No. 1250, 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. 1250, as amended by the Senate.

 

 

 

 

ROLL CALL

 

    The Secretary called the roll on the final passage of Substitute House Bill No. 1250, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.

    SUBSTITUTE HOUSE BILL NO. 1250, 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 House Bill No. 1599 and the pending striking amendment by Senators Costa, Sheahan, Kline, McCaslin and Heavey, deferred earlier today.

 

RULING BY THE PRESIDENT

 

    President Owen: “In ruling upon the point of order raised by Senator Finkbeiner to the scope and object of the striking amendment by Senators Costa, Sheahan, Kline, McCaslin and Heavey, the President finds that House Bill No 1599 is a measure which creates an extraordinary criminal justice account to reimburse counties for costs related to aggravated murder cases.

    “The striking amendment would also create an extraordinary criminal justice account in section one. However, section two would provide funds to regional county law libraries through increased court filing fees; and section three would generally increase fees for jury demands and for trial de novo requests.

    “The President, therefore, finds that because sections two and three of the amendment do change the scope and object of the bill, the point of order is well taken.

    “The President would once again remind the members that it is not the title of the bill, but the body of the bill that determines the scope and object.”

 

    The striking amendment by Senators Costa, Sheahan, Kline, McCaslin and Heavey to House Bill No. 1599 was ruled out of order.

 

MOTION

 

    Senator Morton moved that the following striking amendment be adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 43.330 RCW to read as follows:

     Counties may submit a petition for relief to the office of public defense for reimbursement of extraordinary criminal justice costs. Extraordinary criminal justice costs are defined as those associated with investigation, prosecution, indigent defense, jury impanelment, expert witnesses, interpreters, incarceration, and other adjudication costs of aggravated murder cases.

     (1) The office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop procedures for processing the petitions, for auditing the veracity of the petitions, and for prioritizing the petitions. Prioritization of the petitions shall be based on, but not limited to, such factors as disproportionate fiscal impact relative to the county budget, efficient use of resources, and whether the costs are extraordinary and could not be reasonably accommodated and anticipated in the normal budget process.

     (2) Before January 1st of each year, the office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop and submit to the appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that are recommended for funding by the legislature."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the striking amendment by Senator Morton to House Bill No. 1599.

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

 

MOTIONS

 

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

     On page 1, on line 1 of the title, after "adding", strike "new sections" and insert "a new section"

    On motion of Senator Costa, the rules were suspended, House Bill No. 1599, 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. 1599, as amended by the Senate.

 

ROLL CALL

 

    The Secretary called the roll on the final passage of House Bill No. 1599, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.                Absent: Senator Deccio - 1.           HOUSE BILL NO. 1599, 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. 1165, by House Committee on Capital Budget (originally sponsored by Representatives Murray, Mitchell, Radcliff, Hankins and O'Brien) (by request of Governor Locke)

 

Making appropriations and authorizing expenditures for capital improvements.

 

    The bill was read the second time.

 

MOTION

 

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

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period ending June 30, 2001, out of the several funds specified in this act.

     NEW SECTION. Sec. 2. Numbers in parentheses refer to project identifier codes established by the office of financial management. For projects with two identifier codes, the first identifier code refers to the reappropriation and the second identifier code refers to the new appropriation.

 

PART 1

GENERAL GOVERNMENT

 

     NEW SECTION. Sec. 101. FOR THE COURT OF APPEALS

     Division II Court and Office: Renovation (00-1-001)

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 2,400,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 2,400,000

     NEW SECTION. Sec. 102. FOR THE OFFICE OF THE GOVERNOR

     Salmon Recovery Grants Program (00-2-001)

     The appropriations in this section are subject to the following conditions and limitations:

     (1) This appropriation is provided to the salmon recovery funding board within the office of the governor to provide grants to local governments, state agencies, tribes, conservation districts, and nonprofit entities for salmon recovery activities.

     (2) Up to $14,000,000 of the general fund--federal appropriation is provided for grants to local governments for salmon recovery in accordance with a grant from the department of interior, United States fish and wildlife service received in December 1998.

     (3) The remaining appropriations in this section shall be distributed by the salmon recovery funding board within the following categories:

     (a) A minimum of thirty percent of the appropriation shall be provided for fish passage barrier correction projects;

     (b) A minimum of thirty percent of the appropriation shall be provided for habitat enhancement projects, which may include but are not limited to: Purchase of riparian easements; stream restoration; stream flow augmentation; water quality improvement; water conservation; and storm water mitigation;

     (c) A minimum of twenty percent of the appropriation for planning activities related to salmon recovery, which may include, but is not limited to: Regional salmon recovery planning; shoreline master program amendment; critical areas ordinance updates; lead entity administration and development of project lists; and project planning; and

     (d) The remaining twenty percent of the appropriation may be distributed among the categories for highest priority projects as determined by the salmon recovery funding board.

     (4) In developing project lists for funding, the salmon recovery funding board shall give priority consideration to:

     (a) Proposals that support the recovery of salmon or steelhead runs listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.);

     (b) Projects supported by a limiting factors analysis conducted according to RCW 75.46.070(2);

     (c) Projects sponsored by a lead entity formed according to 75.46 RCW;

     (d) Projects supporting a watershed plan developed according to chapter 90.82 RCW;

     (e) Projects that create market wage jobs for displaced workers in rural natural resource impact areas, as defined under RCW 43.31.601(2);

     (f) Projects with a local funding match, which may include a match of volunteer labor;

     (g) Projects that include provisions for long-term maintenance and monitoring; and

     (h) Other priorities identified by the salmon recovery funding board.

     (5) For the 1999-2001 biennium, proposals shall be ranked by the interagency review team, for review, approval, and funding by the salmon recovery funding board. A final list of projects funded with appropriation from this section shall be submitted to the office of financial management and the legislature by June 30th of each year.

     (6) The salmon recovery funding board shall develop a list of projects in each of the categories identified in subsection (3) of this section proposed for funding in the 2001-2003 biennium, for submittal to the office of financial management and the legislature by December 1, 2000.

 

Appropriation:

     General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               74,835,000

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 6,200,000

     Salmon Recovery Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               32,840,000

 

-------------

                       Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             113,875,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             113,875,000

     NEW SECTION. Sec. 103. FOR THE OFFICE OF THE SECRETARY OF STATE

     Northwest Washington Regional Archives: HVAC system upgrade and balancing (00-1-001)

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      70,000

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      70,000

     NEW SECTION. Sec. 104. FOR THE OFFICE OF THE SECRETARY OF STATE

     Tumwater Records Center: Expansion (00-2-001)

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    250,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 2,550,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 2,800,000

     NEW SECTION. Sec. 105. FOR THE OFFICE OF THE SECRETARY OF STATE

     Puget Sound Archives Building (94-2-003)

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    200,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 6,540,125

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 6,740,125

     NEW SECTION. Sec. 106. FOR THE OFFICE OF THE SECRETARY OF STATE

     Birch Bay Records Storage: Asbestos Abatement (94-1-002)

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      89,355

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    110,645

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    200,000

     NEW SECTION. Sec. 107. FOR THE OFFICE OF THE SECRETARY OF STATE

     Eastern Branch Archives Building: Design (98-2-001)

     The reappropriation in this section is provided solely for completion of the design phase for the eastern regional archives facility to be sited on the south campus of the Riverpoint higher education park in Spokane.

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      48,645

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    530,972

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 5,135,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 5,714,617

     NEW SECTION. Sec. 108. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Community Economic Revitalization (86-1-001) (00-2-001)

     The reappropriation in this section from the public facilities construction loan revolving account is subject to the following conditions and limitations:

     (1) The department shall ensure that all funds transferred from the public works assistance account into the public facilities construction loan revolving account during the 1997-99 biennium are used only for loans to local governments.

     (2) The department shall also ensure that all principal and interest payments from these loans are paid into the public works assistance account.

     (3) The new appropriation from the public facility construction loan revolving account shall be used solely to provide loans to eligible local governments and grants to the extent permitted by law. The department shall ensure that all principal and interest payments from loans made on moneys from this account are paid into this account.

Reappropriation:

     Public Works Assistance Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 1,539,515

     Public Facility Construction Loan Revolving

                       Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 9,500,000

 

-------------

                       Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                             11,539,515

 

Appropriation:

     Public Facility Construction Loan Revolving

                       Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               13,000,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    559,003

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               36,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               60,598,518

     NEW SECTION. Sec. 109. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     County Public Facility Construction (00-2-010)

     The appropriations in this section shall be used solely for financial assistance to distressed counties that have experienced extraordinary costs due to the location of a major new business facility or the substantial expansion of an existing business facility in the county. The entire appropriation from the state building construction account shall be provided as a grant to support the Grays Harbor water system project.

Appropriation:

     Distressed County Facilities Construction

                       Loan Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 4,000,000

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 3,500,000

 

-------------

                       Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 7,500,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               16,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               23,500,000

     NEW SECTION. Sec. 110. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Burke Museum Governance and Siting Study

     The appropriation in this section is subject to the following condition and limitation:

     Funds are provided for a study of the governance of the Burke museum and for an examination of the potential expansion of the museum facility including siting issues. The study shall be facilitated by the department. The study members shall include representatives from the University of Washington, the department of community, trade, and economic development's tourism and economic development units, the executive director of the Washington state historical society, the city of Seattle, King county, and members of the community and businesses from various geographic regions of the state. The department shall provide a report to the legislature by June 30, 2001, outlining funding strategies for an expanded state natural history museum which recognizes the limited state resources for capital facilities programmatic enhancements, and outlines alternative funding resources and partners.

Appropriation:

     University of Washington Building

                       Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    350,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    350,000

     NEW SECTION. Sec. 111. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Public Works Trust Fund (94-2-001) (00-2-002)

     The appropriation in this section is subject to the following conditions and limitations:

     (1) $10,000,000 of the new appropriation in this section is provided solely for the preconstruction program as set forth in RCW 43.155.068.

     (2) $2,000,000 of the new appropriation in this section is for the emergency loan program as set forth in RCW 43.155.065.

Reappropriation:

     Public Works Assistance Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             179,446,108

Appropriation:

     Public Works Assistance Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             203,150,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               68,904,717

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             852,600,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                          1,304,100,825

     NEW SECTION. Sec. 112. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Housing Assistance, Weatherization, and Affordable Housing (88-5-015) (00-2-003)

     The appropriations in this section are subject to the following conditions and limitations:

     (1) $5,000,000 of the new appropriation from the state building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.

     (2) $1,800,000 of the reappropriation from the state building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.

     (3) $1,000,000 of the new appropriation from the state building construction account is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               22,000,000

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               57,500,000

     Washington Housing Trust Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 4,300,000

 

-------------

                       Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               61,800,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               43,790,503

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             200,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                             327,590,503

     NEW SECTION. Sec. 113. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Development Loan Fund (88-2-006) (00-2-004)

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    558,716

     Washington State Development Loan

                       Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 2,439,932

 

-------------

                       Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                               2,998,648

Appropriation:

     Washington State Development Loan

                       Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 3,500,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    805,237

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               18,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               25,303,885

     NEW SECTION. Sec. 114. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Building for the Arts (92-5-100) (00-2-005)

     The appropriation in this section is subject to the following conditions and limitations:

     (1) The following projects are eligible for funding:

     Location                                                                                                                                                                                                        Recommendation

Projects Previously Approved

Columbia Theatre (Phase II), Longview                                                                                                                                                                           $75,000

Mt. Baker Theatre (Phase II), Bellingham                                                                                                                                                                      $137,000

People's Lodge, Seattle                                                                                                                                                                                                    $256,000

Seattle Symphony, Seattle                                                                                                                                                                                            $1,600,000

 

     New Projects

Arts West, Seattle                                                                                                                                                                                                            $262,000

Bellevue Art Museum, Bellevue                                                                                                                                                                                  $1,250,000

Chewelah Com. Celebrations, Chewelah                                                                                                                                                                            $6,500

Children's Museum/Spokane, Spokane                                                                                                                                                                             $62,000

Columbia Point (Phase II), Richland                                                                                                                                                                               $428,000

Everett Theatre, Everett                                                                                                                                                                                                     $91,000

Filipino-American Community Hall, Bainbridge Island                                                                                                                                                   $32,000

Gladish Center, Pullman                                                                                                                                                                                                   $36,000

Harlequin Productions, Olympia                                                                                                                                                                                     $170,000

Harrington Opera House, Harrington                                                                                                                                                                                $35,000

Icicle Creek Music Center, Leavenworth                                                                                                                                                                          $54,000

Intiman Theatre, Seattle                                                                                                                                                                                                  $380,000

International Glass Museum, Tacoma                                                                                                                                                                             $750,000

Kirkland Arts Center, Kirkland                                                                                                                                                                                           $9,900

Knutzen Theatre, Federal Way                                                                                                                                                                                        $413,000

Maple Hall, La Conner                                                                                                                                                                                                    $135,000

Nisqually Cultural Museum, Olympia                                                                                                                                                                                $2,400

Pottery Northwest, Seattle                                                                                                                                                                                               $298,000

Richard Hugo House, Seattle                                                                                                                                                                                            $50,000

Spokane Civic Theatre, Spokane                                                                                                                                                                                       $69,000

Tacoma Art Museum, Tacoma                                                                                                                                                                                     $1,250,000

West Olympic Council/Arts, Forks                                                                                                                                                                                   $18,000

 

Total All Projects                                                                                                                                                                                                         $7,869,800

 

     (2) State grants shall not exceed fifteen percent of either the estimated total capital cost or actual capital cost of a project, whichever is less. The remaining portions of the project capital costs shall be a match from nonstate sources. The match may include cash and land value. The department is authorized to set matching requirements for individual projects.

     (3) State grants shall be distributed in the order in which matching requirements are met. The department may fund projects that demonstrate adequate progress and have secured the necessary match funding. The recommendations for funding in this section do not imply a commitment on the part of the state. Those projects listed in subsection (1) of this section that do not receive funding from the appropriation in this section are required to recompete for future funding.

     (4) By December 15, 1999, the department shall submit a report to the appropriate fiscal committees of the legislature on the progress of the building for the arts program, including a list of projects funded under this section.

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 3,099,519

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 5,600,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 4,444,375

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               16,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               29,143,894

     NEW SECTION. Sec. 115. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Community Services Facilities Program (98-2-007) (00-2-006)

     The appropriation in this section is subject to the following conditions and limitations:

     (1) The state grant may provide no more than twenty-five percent of either the estimated total capital cost or actual total capital cost, whichever is less. The remaining portion of the project capital cost shall be a match from nonstate sources and may include cash, land value, and other in-kind contributions.

     (2) $1,500,000 is provided for development, renovation, and expansion of boys and girls clubs in Washington.

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 1,416,470

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 4,000,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 3,022,997

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               16,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               24,439,467

     NEW SECTION. Sec. 116. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Drinking Water Assistance Program (98-2-008) (00-2-007)

     The appropriations in this section are subject to the following conditions and limitations:

     (1) Funding from the state shall be matched with new federal sources to improve the quality of drinking water in the state, and shall be used solely for projects that achieve the goals of the federal safe drinking water act.

     (2) The department shall report to the appropriate committees of the legislature by January 1, 2000, on the progress of the program, including administrative and technical assistance procedures, the application process, and funding priorities.

Reappropriation:

     Drinking Water Assistance Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 9,058,862

Appropriation:

     Drinking Water Assistance Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 7,700,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    890,138

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               20,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               37,649,000

     NEW SECTION. Sec. 117. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Housing for Homeless Families With Children Program (00-2-009)

     The appropriation in this section is provided solely for the development of additional emergency shelters and transitional housing opportunities for homeless families with children. The department shall endeavor to minimize the amount of these funds that are utilized for staff and administrative purposes.

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 5,000,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               20,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               25,000,000

     NEW SECTION. Sec. 118. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Farm Worker Housing Assistance (00-2-011)

     The appropriation in this section is subject to the following conditions and limitations:

     (1) The appropriation is provided solely for low-income farmworker housing and low-income temporary farmworker facilities.

     (2) $2,000,000 of the appropriation is provided for land acquisition in areas that would facilitate development of low-income farmworker housing and facilities.

     (3) It is the intent of the legislature that operation of the facilities built under this section be in compliance with 8 U.S.C. Sec. 1342.

     (4) The department shall endeavor to minimize the amount of these funds that are utilized for staff and administrative purposes.

     (5) By December 15, 1999, the department shall submit a report to the appropriate committees of the legislature on the progress of the development of housing for farmworkers, including a list of projects funded under this section.

     (6) The department shall work with the farmworker housing advisory committee to prioritize funding of projects to the areas of highest need.

     (7) Except as directed in subsection (2) of this section, funding may also be provided, to the extent qualified projects are submitted, for health and safety projects.

Appropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                 8,000,000

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               32,000,000

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                               40,000,000

     NEW SECTION. Sec. 119. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Seventh Street Theatre (90-2-008)

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    123,984

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                        6,016

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    130,000

     NEW SECTION. Sec. 120. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Snohomish County Drainage (92-2-011)

     The reappropriation in this section shall be matched by at least $585,000 provided from nonstate sources for capital costs of this project.

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    344,829

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    344,829

     NEW SECTION. Sec. 121. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Challenger Learning Center (93-5-006)

     The reappropriation in this section is subject to the following conditions and limitations:

     (1) The reappropriation is provided solely for support of science education at the Challenger learning center at the museum of flight; and

     (2) Each dollar expended from the reappropriation in this section shall be matched by at least one dollar from nonstate sources for the same purpose.

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                      61,673

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    258,639

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                    320,312

     NEW SECTION. Sec. 122. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Washington Technology Center: Equipment (94-2-002)

     The reappropriation in this section is provided solely for equipment installation on the first floor of Fluke Hall. The reappropriation shall be transferred and administered by the University of Washington.

Reappropriation:

     State Building Construction Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                        9,435

 

     Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

     Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                               0

 

-------------

                       TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$                                                                                                        9,435

     NEW SECTION. Sec. 123. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

     Olympic Peninsula Natural History Museum (94-2-005)

     The reappropriation in this section is subject to the following conditions and limitations:

     (1) Each two dollars expended from this reappropri