ONE HUNDRED FIRST DAY
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MORNING SESSION
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House Chamber, Olympia, Wednesday, April 18, 2001
The House was called to order at 10:00 a.m. by Speaker Ballard. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Brandi Marine and Crystal Bauer. Prayer was offered by Representative Dave Schmidt.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
April 17, 2001
Mr. Speakers:
The Senate has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1832,
and the same is herewith transmitted.
Tony M. Cook, Secretary
April 17, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5114,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122,
ENGROSSED SENATE BILL NO. 5374,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593,
SUBSTITUTE SENATE BILL NO. 5702,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877,
SUBSTITUTE SENATE BILL NO. 5905,
SUBSTITUTE SENATE BILL NO. 5961,
SUBSTITUTE SENATE BILL NO. 6055,
SUBSTITUTE SENATE BILL NO. 6056,
SUBSTITUTE SENATE BILL NO. 6110,
ENGROSSED SENATE JOINT MEMORIAL NO. 8016,
and the same is herewith transmitted.
Tony M. Cook, Secretary
April 17, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bills and passed the bills as amended by the House:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5060,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5101,
SUBSTITUTE SENATE BILL NO. 5123,
ENGROSSED SENATE BILL NO. 5143,
SUBSTITUTE SENATE BILL NO. 5182,
SUBSTITUTE SENATE BILL NO. 5184,
SUBSTITUTE SENATE BILL NO. 5263,
ENGROSSED SENATE BILL NO. 5289,
SUBSTITUTE SENATE BILL NO. 5309,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5372,
SUBSTITUTE SENATE BILL NO. 5401,
SUBSTITUTE SENATE BILL NO. 5417,
SUBSTITUTE SENATE BILL NO. 5442,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5449,
SUBSTITUTE SENATE BILL NO. 5494,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 18, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5114,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122,
ENGROSSED SENATE BILL NO. 5374,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593,
SUBSTITUTE SENATE BILL NO. 5702,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877,
SUBSTITUTE SENATE BILL NO. 5905,
SUBSTITUTE SENATE BILL NO. 5961,
SUBSTITUTE SENATE BILL NO. 6055,
SUBSTITUTE SENATE BILL NO. 6056,
SUBSTITUTE SENATE BILL NO. 6110,
ENGROSSED SENATE JOINT MEMORIAL NO. 8016,
and the same are herewith transmitted.
Tony M. Cook, Secretary
INTRODUCTIONS AND FIRST READING
HB 2234 by Representatives Ahern, Mastin, Mulliken, Roach, Schindler, Sump, Anderson, Jarrett, Armstrong, McMorris, Benson, Morell, Cox, Mielke, Pearson, Mitchell and Alexander
AN ACT Relating to clarifying the repeal of motor vehicle taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, and 35.58.278; and declaring an emergency.
Held on First Reading.
HB 2245 by Representatives Anderson, Pflug, Crouse, Cairnes, Bush, DeBolt, B. Chandler, Mielke, Schmidt, Delvin, Casada, Esser, McMorris, Pennington, Reardon, Berkey, Simpson, Linville, Barlean, Marine and Fromhold
AN ACT Relating to providing tax incentives to promote the production and distribution of electricity from alternative sources of energy; amending RCW 82.08.02567 and 82.12.02567; adding a new section to chapter 82.16 RCW; creating a new section; and providing expiration dates.
Held on First Reading.
ESSB 5378 by Senate Committee on Natural Resources, Parks & Shorelines
AN ACT Relating to amendments to shoreline master programs and critical areas; amending RCW 90.58.080 and 36.70A.130; and creating a new section.
Held on First Reading.
E2SSB 5419 by Senate Committee on Ways & Means
AN ACT Relating to chemical dependency treatment for offenders; amending RCW 9.94A.360; reenacting and amending RCW 9.94A.320; adding a new section to chapter 70.96A RCW; adding a new section to chapter 9.94A RCW; adding a new section to chapter 43.135 RCW; adding a new section to chapter 43.20A RCW; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Criminal Justice & Corrections.
ESB 5882 by Senators T. Sheldon, Hale, Hewitt, Hargrove, Rasmussen, Honeyford, Carlson, Haugen, Shin, Hochstatter, Horn, Stevens, Zarelli, Oke, Deccio, McCaslin, West, Long, Swecker, Sheahan, McDonald, Johnson, Rossi, Morton and Parlette
AN ACT Relating to occupational safety and health; adding new sections to chapter 49.17 RCW; adding a new section to chapter 44.28 RCW; creating a new section; providing expiration dates; and declaring an emergency.
Held on First Reading.
ESSB 6151 by Senate Committee on Human Services & Corrections
AN ACT Relating to the management of high-risk sex offenders in the civil commitment and criminal justice systems; amending RCW 71.09.020, 36.70A.103, 36.70A.200, 9.94A.030, 9.94A.715, 9.94A.060, 9.94A.190, 9.94A.390, 9.95.005, 9.95.010, 9.95.011, 9.95.017, 9.95.020, 9.95.032, 9.95.052, 9.95.055, 9.95.064, 9.95.070, 9.95.080, 9.95.090, 9.95.100, 9.95.110, 9.95.115, 9.95.120, 9.95.121, 9.95.122, 9.95.123, 9.95.124, 9.95.125, 9.95.126, 9.95.130, 9.95.140, 9.95.190, 9.95.250, 9.95.280, 9.95.290, 9.95.300, 9.95.310, 9.95.320, 9.95.340, 9.95.350, 9.95.360, 9.95.370, 9.95.900, 9A.28.020, 9A.36.021, 9A.40.030, 9A.44.100, and 72.09.370; reenacting and amending RCW 9.94A.120 and 9.94A.320; adding new sections to chapter 71.09 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 36.70 RCW; adding new sections to chapter 9.94A RCW; adding a new section to chapter 72.09 RCW; adding new sections to chapter 9.95 RCW; adding a new section to chapter 9A.76 RCW; creating new sections; repealing RCW 9.95.0011 and 9.95.145; repealing 2001 c . . . ss 1, 3, and 4 (Substitute Senate Bill No. 5123); prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Criminal Justice & Corrections.
SB 6036 by Senators Eide, Benton, Winsley, Oke, Long, Stevens, Johnson, Finkbeiner, Hale, Hochstatter, Carlson, Swecker, Rossi, Roach, T. Sheldon, Patterson and Kastama
AN ACT Relating to local motor vehicle excise taxes; creating a new section; repealing RCW 35.58.273, 35.58.274, 35.58.275, 35.58.276, 35.58.277, 35.58.278, 35.58.279, 35.58.2791, and 35.58.2792; providing a retroactive effective date; and declaring an emergency.
Held on First Reading.
SCR 8415 by Senators Snyder and West
Amending cutoff dates.
Held on First Reading.
There being no objection, the bills and resolution listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.
RESOLUTIONS
HOUSE RESOLUTION NO. 2001-4646, by Representatives Quall, Morris, Hatfield, Barlean and Sehlin
WHEREAS, It is the policy of the legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Mount Vernon High School Bulldog boys' basketball team, from Mount Vernon, won the 2001 Class AAA State Basketball Championship; and
WHEREAS, The Mount Vernon basketball coaches, players, and managers demonstrated sportsmanship, citizenship, skill, and dedication while accomplishing their goal of winning the State AAA Basketball Championship with a perfect 27-0 record; and
WHEREAS, The senior class student-athletes of Mount Vernon's championship boys' basketball team have a collective 3.28 grade point average, showing a commitment to academic excellence as well as athletic excellence; and
WHEREAS, Head Coach Mac Fraser has led Mount Vernon Bulldog boys' basketball teams to state championships in both the 20th century (1991, 1992) and the 21st century (2001);
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the Mount Vernon High School boys' basketball team and Coach Mac Fraser and his assistants for their accomplishments; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to Coach Mac Fraser; Assistant Coaches Jim Koetje, Jeff Scott, Torey Swanson, and Chad Weyers; Principal Dave Anderson; Athletic Director Eric Monson; the faculty of Mount Vernon High School; and to the student-athletes of Mount Vernon High School who won the AAA State Boys' Basketball Championship for 2001: Seniors Tyler Amaya, Troy DeVries, John Lee, Eric Powell, Josh Reisman, Aaron Roetcisoender, Scott Skjel, and Chris Thompson; Juniors Stanley Johnson, Ben Martin, and Travis Storrer; and Sophomore Kyle Kendrick.
House Resolution No. 4646 was adopted.
HOUSE RESOLUTION NO. 2001-4647, by Representatives Hunt, Ahern, Lovick, Jackley, Berkey, Reardon, Ogden, Miloscia, McDermott, Kagi, Dunn, Schmidt, Mulliken, Schindler, Cairnes, G. Chandler, Armstrong, Conway, Murray, Keiser, Haigh, Linville, Veloria, Cody, Schual-Berke, Dickerson, Rockefeller, Pearson, Morell, Skinner, Buck, Woods, Casada, Roach, Esser, Jarrett, Boldt, Benson, Marine and Darneille
WHEREAS, The indefatigable volunteer spirit of many thousands of women, men, and children in many hundreds of rural, suburban, and urban communities all across the globe are being saluted in this, the International Year of Volunteers 2001; and
WHEREAS, Right here at home, Governor Gary Locke has proclaimed 2001 the Year of the Volunteer in the State of Washington; and
WHEREAS, Our own State of Washington takes much of its strength, beauty, and unique character from countless citizens who volunteer their time, energy, talent, and spirit to bolster the work of numerous private, public, and nonprofit organizations; and
WHEREAS, Food bank services as well as clothing, furniture, prescription, eye care, and education assistance are just a few of the many heartfelt programs and services in which Washingtonians selflessly engage themselves to help their less-fortunate sisters and brothers; and
WHEREAS, Volunteers are a vital component in helping improve the lives of Washington citizens from Neah Bay to Pend Oreille, from Sumas to Camas, from Tonasket to Onalaska, from Gold Bar to Goldendale, and from Adna to Zena; and
WHEREAS, Beyond any doubt, the success of our private, public, and home-school students and their families is greatly advanced by the sincere donation of time and attention from volunteers who represent and reflect every economic background; and
WHEREAS, These women, men, and children who give of themselves so freely ask for no recognition and for no paycheck, and not even for any real thank you in return for their genuine dedication and commitment; and
WHEREAS, It is estimated that volunteer members of the American work force contribute the equivalent of nine million full-time employees at an annual value to the United States economy of 225 billion dollars; and
WHEREAS, United Nations Secretary-General Kofi Annan last November perhaps stated it best in his address officially setting the year 2001 aside to praise and commemorate volunteers when the secretary-general emphasized: "Volunteers do more than provide services. They bring hope to those they help, and so help them find strength to overcome their weakness. Their reward may be new lifelong friendships, a new understanding of other peoples, of other cultures and other countries' problems and perspectives, or simply the knowledge that they have made a difference. Invariably, volunteers will tell you they have received at least as much as they have given";
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington salute the tireless, wonderful, and inspiring work of volunteers in every corner of Washington; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to the Washington Library Association, the Washington State Association of Counties, and the Association of Washington Cities so that statewide news of this justified and well-deserved recognition will reach the maximum number of devoted and remarkable volunteers.
House Resolution No. 4647 was adopted.
HOUSE RESOLUTION NO. 2001-4648, by Representative Kessler
WHEREAS, The legislature wishes to give special attention to the importance of quality education in the state of Washington; and
WHEREAS, The legislature wishes to recognize the 120th anniversary of Holy Names Academy, the oldest continually operating school in Washington; and
WHEREAS, Holy Names Academy is a private, Catholic, college-preparatory school for girls, established in 1880 by the Congregation of the Sisters of the Holy Names of Jesus and Mary; and
WHEREAS, This community of sisters was led by the vision and determination of Mother Marie Rose Durocher, who was dedicated to providing education for young women; and
WHEREAS, Four sisters, led by Sister Mary Francis Xavier arrived in Seattle on November 9, 1880, a date celebrated annually at Holy Names Academy as Foundation Day; and
WHEREAS, This Catholic secondary school seeks to prepare young women for lives of leadership and loving service through excellent academic offerings and meaningful student life programs; and
WHEREAS, Holy Names Academy has continued to provide a well-rounded education, incorporating strong academic, art, athletic, and community service programs for its students; and
WHEREAS, Holy Names Academy has three times earned the United States Department of Education's Blue Ribbon Award of Excellence, honoring the school's continuing success in enhancing its programs and facilities; and
WHEREAS, The Seattle Times 2000 School Guide placed Holy Names Academy first among all private and public schools in Advanced Placement ranking, and second among all private and public schools in college preparation; and
WHEREAS, Holy Names Academy has graduated over 10,000 students, 7,000 of which continue to serve their communities today, both personally and professionally;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize this fine school for its 120 years of continuous education for young women in Washington State; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to Holy Names Academy.
House Resolution No. 4648 was adopted.
HOUSE RESOLUTION NO. 2001-4652, by Representatives Jarrett and Ballasiotes
WHEREAS, It is the policy of the legislature to honor excellence in every field of endeavor; and
WHEREAS, The Mercer Island High School Boys' Water Polo Team won the 2000 Washington State Water Polo Championship; and
WHEREAS, The 2000 Mercer Island High School Boys' Water Polo Championship team members were Daniel Berglund, Joseph Giovanelli, Keith Jarrett, Trent Kloppenberg, Scott Lawson, Alex Muradin, Maxwell Rainey, Aaron Seeks, Daniel Seetin, Alex Strand, Michael Sturgis, Kevin Tempest, Devin Trowbridge, Ryan Tseng, and Michael Wensman, Jr.; and
WHEREAS, The Mercer Island Water Polo Players have exemplified to their classmates the success that is possible when clear goals are established and when persistent effort is made toward those goals;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the Mercer Island High School Boys' Water Polo Team for their hard work, dedication, and sacrifice in achieving this significant accomplishment; and
BE IT FURTHER RESOLVED, That Head Coach Tim Reed and Assistant Coach Sean Cooper be recognized for their dedication, sacrifice, and leadership; and
BE IT FURTHER RESOLVED, That Kevin Tempest be recognized for being named the Washington State Defensive Player of 2000; and
BE IT FURTHER RESOLVED, That Daniel Berglund and Trent Kloppenberg be recognized for being named to the Washington All State Team; and
BE IT FURTHER RESOLVED, That the teachers, classmates, and parents of Daniel Berglund, Joseph Giovanelli, Keith Jarrett, Trent Kloppenberg, Scott Lawson, Alex Muradin, Maxwell Rainey, Aaron Seeks, Daniel Seetin, Alex Strand, Michael Sturgis, Kevin Tempest, Devin Trowbridge, Ryan Tseng, and Michael Wensman, Jr., and other team members be recognized for the important part they played in helping these student athletes excel; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerks of the House of Representatives to the Mercer Island High School Principal, Athletic Director, and to each of the coaches and members of the Mercer Island High School 2000 Varsity Water Polo Team.
House Resolution No. 4652 was adopted.
REPORTS OF STANDING COMMITTEES
April 11, 2001
HB 1926 Prime Sponsor, Representative Sehlin: Increasing the surcharge on county auditor recording fees. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Sehlin, Republican Co-Chair; Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; Lisk, Republican Vice Chair; Alexander; Benson; Boldt; Buck; Clements; Cody; Cox; Dunshee; Fromhold; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Mastin; Mulliken; Pearson; Pflug; Ruderman; Schmidt; Schual-Berke; Talcott and Tokuda.
Voting yea: Representatives Sehlin, Sommers, Barlean, Doumit, Lisk, Alexander, Benson, Boldt, Buck, Cody, Cox, Fromhold, Gombosky, Grant, Kagi, Keiser, Kenney, Lambert, Linville, Mulliken, Pearson, Pflug, Ruderman, Schmidt, Schual-Berke, Talcott, and Tokuda.
Excused: Representatives Clements, Dunshee, Kessler, Mastin, and McIntire.
Passed to Committee on Rules for second reading.
There being no objection, the bills listed on the day's committee reports under the fifth order of business were referred to the committees so designated.
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1042,
SUBSTITUTE HOUSE BILL NO. 1259,
SUBSTITUTE HOUSE BILL NO. 1320,
SUBSTITUTE HOUSE BILL NO. 1365,
SUBSTITUTE HOUSE BILL NO. 1384,
SUBSTITUTE HOUSE BILL NO. 1591,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1658,
SECOND SUBSTITUTE HOUSE BILL NO. 1752,
SUBSTITUTE HOUSE BILL NO. 1891,
SUBSTITUTE HOUSE BILL NO. 2041,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410,
MESSAGE FROM THE SENATE
April 18, 2001
Mr. Speakers:
The Senate concurred in the House amendment to the following bills and passed the bills as amended by the House:
SUBSTITUTE SENATE BILL NO. 5468,
SUBSTITUTE SENATE BILL NO. 5986,
SENATE JOINT MEMORIAL NO. 8019,
ENGROSSED SENATE JOINT RESOLUTION NO. 8208,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5060,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5101,
SUBSTITUTE SENATE BILL NO. 5114,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5122,
SUBSTITUTE SENATE BILL NO. 5123,
ENGROSSED SENATE BILL NO. 5143,
SUBSTITUTE SENATE BILL NO. 5182,
SUBSTITUTE SENATE BILL NO. 5184,
SUBSTITUTE SENATE BILL NO. 5263,
ENGROSSED SENATE BILL NO. 5289,
SUBSTITUTE SENATE BILL NO. 5309,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5372,
ENGROSSED SENATE BILL NO. 5374,
SUBSTITUTE SENATE BILL NO. 5401,
SUBSTITUTE SENATE BILL NO. 5417,
SUBSTITUTE SENATE BILL NO. 5442,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5449,
SUBSTITUTE SENATE BILL NO. 5494,
ENGROSSED SENATE BILL NO. 5495,
SUBSTITUTE SENATE BILL NO. 5558,
SUBSTITUTE SENATE BILL NO. 5565,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5593,
SUBSTITUTE SENATE BILL NO. 5621,
SUBSTITUTE SENATE BILL NO. 5638,
SUBSTITUTE SENATE BILL NO. 5702,
SUBSTITUTE SENATE BILL NO. 5862,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5877,
SUBSTITUTE SENATE BILL NO. 5905,
SUBSTITUTE SENATE BILL NO. 5940,
SUBSTITUTE SENATE BILL NO. 5961,
SUBSTITUTE SENATE BILL NO. 6055,
SUBSTITUTE SENATE BILL NO. 6056,
SUBSTITUTE SENATE BILL NO. 6110,
ENGROSSED SENATE JOINT MEMORIAL NO. 8016,
MESSAGES FROM THE SENATE
April 18, 2001
Mr. Speakers:
The Senate receded from its amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1420, and passed the bill without said amendments, and the same is herewith transmitted.
Tony M. Cook, Secretary
April 17, 2001
Mr. Speakers:
The President has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5060,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5101,
SUBSTITUTE SENATE BILL NO. 5123,
ENGROSSED SENATE BILL NO. 5143,
SUBSTITUTE SENATE BILL NO. 5182,
SUBSTITUTE SENATE BILL NO. 5184,
SUBSTITUTE SENATE BILL NO. 5263,
ENGROSSED SENATE BILL NO. 5289,
SUBSTITUTE SENATE BILL NO. 5309,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5372,
SUBSTITUTE SENATE BILL NO. 5401,
SUBSTITUTE SENATE BILL NO. 5417,
SUBSTITUTE SENATE BILL NO. 5442,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5449,
SUBSTITUTE SENATE BILL NO. 5494,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 18, 2001
Mr. Speakers:
The President has signed:
ENGROSSED SENATE BILL NO. 5495,
SUBSTITUTE SENATE BILL NO. 5558,
SUBSTITUTE SENATE BILL NO. 5565,
SUBSTITUTE SENATE BILL NO. 5621,
SUBSTITUTE SENATE BILL NO. 5638,
SUBSTITUTE SENATE BILL NO. 5862,
SUBSTITUTE SENATE BILL NO. 5940,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SENATE AMENDMENTS TO HOUSE BILL
April 11, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1120, with the following amendments(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.410.010 and 1992 c 159 s 3 and 1992 c 60 s 2 are each reenacted and amended to read as follows:
The state board of education shall establish, publish, and enforce rules and regulations determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application. The rules shall permit a holder of a lapsed certificate but not a revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment.
In establishing rules pertaining to the qualifications of instructors of American sign language the state board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.
The superintendent of public instruction shall act as the administrator of any such rules and regulations and have the power to issue any certificates or permits and revoke the same in accordance with board rules and regulations."
On page 1, line 2 of the title, after "certifications;" strike the remainder of the title and insert "and reenacting and amending RCW 28A.410.010."
There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1120 and asked the Senate to recede therefrom.
Speaker Ballard called upon Representative Pennington to preside.
SENATE AMENDMENTS TO HOUSE BILL
April 12, 2001
Mr. Speakers:
The Senate has passed HOUSE BILL NO. 1579, with the following amendment:
On page 1, beginning on line 6, after "Thomas," strike all material through "2000)" on line 7, and insert "103 Wn. App. 800"
On page 1, line 1 of the title, after "the" strike "crime of unlawful" and insert "wrongful"
There being no objection, the House concurred in the Senate amendment to House Bill No. 1579.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of House Bill No. 1579 as amended by the Senate.
Representatives Carrell and Lantz spoke in favor of the passage of the bill.
There being no objection, Representatives Campbell, McMorris, Morris, Murray, Poulsen, Sehlin, and Ballard were excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1579 as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, Mielke, Miloscia, Mitchell, Morell, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Chopp - 91.
Excused: Representatives Campbell, McMorris, Morris, Murray, Poulsen, Sehlin, and Speaker Ballard - 7.
House Bill No. 1579 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 9, 2001
Mr. Speakers:
The Senate has passed HOUSE BILL NO. 1581, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.70.005 and 1986 c 241 s 1 are each amended to read as follows:
The legislature finds and declares that the distribution ((and)), sale, and lease of vehicles in the state of Washington vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and license vehicle manufacturers, distributors, or wholesalers and factory or distributor representatives, and to regulate and license dealers of vehicles doing business in Washington, in order to prevent frauds, impositions, and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this state.
Sec. 2. RCW 46.70.011 and 1998 c 46 s 1 are each amended to read as follows:
As used in this chapter:
(1) "Vehicle" means and includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(2) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, and which is required to be registered and titled under Title 46 RCW, Motor Vehicles.
(3) "Vehicle dealer" means any person, firm, association, corporation, or trust, not excluded by subsection (4) of this section, engaged in the business of buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising the sale of new or used vehicles, or arranging or offering or attempting to solicit or negotiate on behalf of others, a sale, purchase, or exchange of an interest in new or used motor vehicles, irrespective of whether the motor vehicles are owned by that person. Vehicle dealers shall be classified as follows:
(a) A "motor vehicle dealer" is a vehicle dealer that deals in new or used motor vehicles, or both;
(b) A "mobile home and travel trailer dealer" is a vehicle dealer that deals in mobile homes, park trailers, or travel trailers, or more than one type of these vehicles;
(c) A "miscellaneous vehicle dealer" is a vehicle dealer that deals in motorcycles or vehicles other than motor vehicles or mobile homes and travel trailers or any combination of such vehicles.
(4) The term "vehicle dealer" does not include, nor do the licensing requirements of RCW 46.70.021 apply to, the following persons, firms, associations, or corporations:
(a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by, or acting under a judgment or order of, any court; or
(b) Public officers while performing their official duties; or
(c) Employees of vehicle dealers who are engaged in the specific performance of their duties as such employees; or
(d) Any person engaged in an isolated sale of a vehicle in which that person is the registered or legal owner, or both, thereof; or
(e) Any person, firm, association, corporation, or trust, engaged in the selling of equipment other than vehicles, subject to registration, used for agricultural or industrial purposes; or
(f) A real estate broker licensed under chapter 18.85 RCW, or an affiliated licensee, who, on behalf of another negotiates the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase, sale, exchange, rental, or lease of the land upon which the manufactured or mobile home is, or will be, located; or
(g) Owners who are also operators of the special highway construction equipment or of the highway construction equipment for which a vehicle license and display vehicle license number plate is required as defined in RCW 46.16.010; or
(h) Any bank, trust company, savings bank, mutual savings bank, savings and loan association, credit union, and any parent, subsidiary, or affiliate thereof, authorized to do business in this state under state or federal law with respect to the sale or other disposition of a motor vehicle owned and used in their business; or with respect to the acquisition and sale or other disposition of a motor vehicle in which the entity has acquired an interest as a lessor, lessee, or secured party.
(5) "Vehicle salesperson" means any person who for any form of compensation sells, auctions, leases with an option to purchase, or offers to sell or to so lease vehicles on behalf of a vehicle dealer.
(6) "Department" means the department of licensing, which shall administer and enforce the provisions of this chapter.
(7) "Director" means the director of licensing.
(8) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles in whole or in part and further includes the terms:
(a) "Distributor," which means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new and unused vehicle to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering for sale, vehicles to a distributor, wholesaler, or vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives, and further includes any sales promotion organization, whether a person, firm, or corporation, which is engaged in promoting the sale of new and unused vehicles in this state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or promoting for the sale of their vehicles or for supervising or contracting with their dealers or prospective dealers.
(9) "Established place of business" means a location meeting the requirements of RCW 46.70.023(1) at which a vehicle dealer conducts business in this state.
(10) "Principal place of business" means that dealer firm's business location in the state, which place the dealer designates as their principal place of business.
(11) "Subagency" means any place of business of a vehicle dealer within the state, which place is physically and geographically separated from the principal place of business of the firm or any place of business of a vehicle dealer within the state, at which place the firm does business using a name other than the principal name of the firm, or both.
(12) "Temporary subagency" means a location other than the principal place of business or subagency within the state where a licensed vehicle dealer may secure a license to conduct the business and is licensed for a period of time not to exceed ten days for a specific purpose such as auto shows, shopping center promotions, tent sales, exhibitions, or similar merchandising ventures. No more than six temporary subagency licenses may be issued to a licensee in any twelve-month period.
(13) "Wholesale vehicle dealer" means a vehicle dealer who buys and sells other than at retail.
(14) "Retail vehicle dealer" means a vehicle dealer who may buy and sell at both wholesale and retail.
(15) "Listing dealer" means a used mobile home dealer who makes contracts with sellers who will compensate the dealer for obtaining a willing purchaser for the seller's mobile home.
(16) "Auction" means a transaction conducted by means of exchanges between an auctioneer and the members of the audience, constituting a series of oral invitations for offers for the purchase of vehicles made by the auctioneer, offers to purchase by members of the audience, and the acceptance of the highest or most favorable offer to purchase.
(17) "Auction company" means a sole proprietorship, partnership, corporation, or other legal or commercial entity licensed under chapter 18.11 RCW that only sells or offers to sell vehicles at auction or only arranges or sponsors auctions.
(18) "Buyer's agent" means any person, firm, partnership, association, limited liability company, limited liability partnership, or corporation retained or employed by a consumer to arrange for or to negotiate, or both, the purchase or lease of a new motor vehicle on behalf of the consumer, and who is paid a fee or receives other compensation from the consumer for its services.
(19) "New motor vehicle" means any motor vehicle that is self-propelled and is required to be registered and titled under Title 46 RCW, has not been previously titled to a retail purchaser or lessee, and is not a "used vehicle" as defined under RCW 46.04.660.
Sec. 3. RCW 46.70.041 and 1993 c 307 s 6 and 1993 c 175 s 2 are each reenacted and amended to read as follows:
(1) Every application for a vehicle dealer license shall contain the following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the applicant's identity, including but not limited to his or her fingerprints, the honesty, truthfulness, and good reputation of the applicant for the license, or of the officers of a corporation making the application;
(b) The applicant's form and place of organization including if the applicant is a corporation, proof that the corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant's financial condition or history including a bank reference and whether the applicant or any partner, officer, or director has ever been adjudged bankrupt or has any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of a crime which directly relates to the business for which the license is sought and the time elapsed since the conviction is less than ten years, or has suffered any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion and in the case of a corporation or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local directory;
(g) The name or names of new vehicles the vehicle dealer wishes to sell;
(h) The names and addresses of each manufacturer from whom the applicant has received a franchise;
(i) A certificate by a representative of the department, that the applicant's principal place of business and each subagency business location in the state of Washington meets the location requirements as required by this chapter. The certificate shall include proof of the applicant's ownership or lease of the real property where the applicant's principal place of business is established;
(j) A copy of a current service agreement with a manufacturer, or distributor for a foreign manufacturer, requiring the applicant, upon demand of any customer receiving a new vehicle warranty to perform or arrange for, within a reasonable distance of his or her established place of business, the service repair and replacement work required of the manufacturer or distributor by such vehicle warranty. This requirement applies only to applicants seeking to sell, to exchange, to offer, to auction, to solicit, to advertise, or to broker new or current-model vehicles with factory or distributor warranties;
(k) The class of vehicles the vehicle dealer will be buying, selling, listing, exchanging, offering, brokering, leasing ((with an option to purchase)), auctioning, soliciting, or advertising, and which classification or classifications the dealer wishes to be designated as;
(l) Effective July 1, 2002, a certificate from the provider of each education program or test showing that the applicant has completed the education programs and passed the test required under section 12 of this act if the applicant is a dealer subject to the education and test requirements;
(m) Any other information the department may reasonably require.
(2) If the applicant is a manufacturer the application shall contain the following information to the extent it is applicable to the applicant:
(a) The name and address of the principal place of business of the applicant and, if different, the name and address of the Washington state representative of the applicant;
(b) The name or names under which the applicant will do business in the state of Washington;
(c) Evidence that the applicant is authorized to do business in the state of Washington;
(d) The name or names of the vehicles that the licensee manufactures;
(e) The name or names and address or addresses of each and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of resident employees or agents to provide service or repairs to vehicles located in the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured, unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(g) Any other information the department may reasonably require.
Sec. 4. RCW 46.70.051 and 1997 c 432 s 4 are each amended to read as follows:
(1) After the application has been filed, the fee paid, and bond posted, if required, the department shall, if no denial order is in effect and no proceeding is pending under RCW 46.70.101, issue the appropriate license, which license, in the case of a vehicle dealer, shall designate the classification of the dealer. Nothing prohibits a vehicle dealer from obtaining licenses for more than one classification, and nothing prevents any vehicle dealer from dealing in other classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter 18.11 RCW may sell at auction all classifications of vehicles under a motor vehicle dealer's license issued under this chapter including motor vehicles, miscellaneous type vehicles, and mobile homes and travel trailers.
(3) At the time the department issues a vehicle dealer license, the department shall provide to the dealer a current, up-to-date vehicle dealer manual that may be provided electronically setting forth the various statutes and rules applicable to vehicle dealers. In addition, at the time any such license is renewed under RCW 46.70.083, the department shall provide the dealer with any updates or current revisions to the vehicle dealer manual. These updates or current revisions may be provided electronically.
(4) The department may contract with responsible private parties to provide them elements of the vehicle data base on a regular basis. The private parties may only disseminate this information to licensed vehicle dealers.
(a) Subject to the disclosure agreement provisions of RCW 46.12.380 and the requirements of Executive Order 97-01, the department may provide to the contracted private parties the following information:
(i) All vehicle and title data necessary to accurately disclose known title defects, brands, or flags and odometer discrepancies;
(ii) All registered and legal owner information necessary to determine true ownership of the vehicle and the existence of any recorded liens, including but not limited to liens of the department of social and health services or its successor; and
(iii) Any data in the department's possession necessary to calculate the motor vehicle excise tax, license, and registration fees including information necessary to determine the applicability of regional transit authority excise and use tax surcharges.
(b) The department may provide this information in any form the contracted private party and the department agree upon, but if the data is to be transmitted over the Internet or similar public network from the department to the contracted private party, it must be encrypted.
(c) The department shall give these contracted private parties advance written notice of any change in the information referred to in (a)(i), (ii), or (iii) of this subsection, including information pertaining to the calculation of motor vehicle excise taxes.
(d) The department shall revoke a contract made under this subsection (4) with a private party who disseminates information from the vehicle data base to anyone other than a licensed vehicle dealer. A private party who obtains information from the vehicle data base under a contract with the department and disseminates any of that information to anyone other than a licensed vehicle dealer is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(e) Nothing in this subsection (4) authorizes a vehicle dealer or any other organization or entity not otherwise appointed as a vehicle licensing subagent under RCW 46.01.140 to perform any of the functions of a vehicle licensing subagent so appointed.
Sec. 5. RCW 46.70.090 and 1994 c 262 s 10 are each amended to read as follows:
(1) The department shall issue a vehicle dealer license plate which shall be attached to the rear of the vehicle only and which is capable of distinguishing the classification of the dealer, to vehicle dealers properly licensed pursuant to this chapter and shall, upon application, issue manufacturer's license plates to manufacturers properly licensed pursuant to this chapter.
(2) The department shall issue to a vehicle dealer up to three vehicle dealer license plates. After the third dealer plate is issued, the department shall limit the number of dealer plates to six percent of the vehicles sold during the preceding license period. For an original license the vehicle dealer license applicant shall estimate the first year's sales or leases. The director or director's designee may waive these dealer plate issuance restrictions for a vehicle dealer if the waiver both serves the purposes of this chapter and is essential to the continuation of the business. The director shall adopt rules to implement this waiver.
(3) Motor vehicle dealer license plates may be used:
(a) To demonstrate motor vehicles held for sale or lease when operated by an individual holding a valid operator's license, if a dated demonstration permit, valid for no more than seventy-two hours, is carried in the vehicle at all times it is operated by any such individual.
(b) On motor vehicles owned, held for sale or lease, and which are in fact available for sale or lease by the firm when operated by an officer of the corporation, partnership, or proprietorship or by their spouses, or by an employee of the firm, if a card so identifying any such individual is carried in the vehicle at all times it is operated by such individual. Any such vehicle so operated may be used to transport the dealer's own tools, parts, and equipment of a total weight not to exceed five hundred pounds.
(c) On motor vehicles being tested for repair.
(d) On motor vehicles being moved to or from a motor vehicle dealer's place of business for sale.
(e) On motor vehicles being moved to or from motor vehicle service and repair facilities before sale or lease.
(f) On motor vehicles being moved to or from motor vehicle exhibitions within the state of Washington, if any such exhibition does not exceed a period of twenty days.
(4) Mobile home and travel trailer dealer license plates may be used:
(a) On units hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer.
(b) On mobile homes hauled to a customer's location for set-up after sale.
(c) On travel trailers held for sale to demonstrate the towing capability of the vehicle if a dated demonstration permit, valid for not more than seventy-two hours, is carried with the vehicle at all times.
(d) On mobile homes being hauled from a customer's location if the requirements of RCW 46.44.170 and 46.44.175 are met.
(e) On any motor vehicle owned by the dealer which is used only to move vehicles legally bearing mobile home and travel trailer dealer license plates of the dealer so owning any such motor vehicle.
(f) On vehicles being moved to or from vehicle exhibitions within the state of Washington, if any such exhibition does not exceed a period of twenty days.
(5) Miscellaneous vehicle dealer license plates may be used:
(a) To demonstrate any miscellaneous vehicle: PROVIDED, That:
(i) No such vehicle may be demonstrated on a public highway unless the customer has an appropriate endorsement on his or her driver's license, if such endorsement is required to operate such vehicle; and
(ii) A dated demonstration permit, valid for no more than seventy-two hours, is carried with the vehicle at all times it is operated by any such individual.
(b) On vehicles owned, held for sale, and which are in fact available for sale by the firm when operated by an officer of the corporation, partnership, or proprietorship or by a bona fide full-time employee of the firm, if a card so identifying such individual is carried in the vehicle at all times it is operated by him or her.
(c) On vehicles being tested for repair.
(d) On vehicles being transported to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer.
(e) On vehicles on which any other item sold or to be sold by the dealer is transported from the place of business of the manufacturer to the place of business of the dealer or to and from places of business of the dealer if such vehicle and such item are purchased or sold as one package.
(6) Manufacturers properly licensed pursuant to this chapter may apply for and obtain manufacturer license plates and may be used:
(a) On vehicles being moved to or from the place of business of a manufacturer to a vehicle dealer within this state who is properly licensed pursuant to this chapter.
(b) To test vehicles for repair.
(7) Vehicle dealer license plates and manufacturer license plates shall not be used for any purpose other than set forth in this section and specifically shall not be:
(a) Used on any vehicle not within the class for which the vehicle dealer or manufacturer license plates are issued unless specifically provided for in this section.
(b) Loaned to any person for any reason not specifically provided for in this section.
(c) Used on any vehicles for the transportation of any person, produce, freight, or commodities unless specifically provided for in this section, except there shall be permitted the use of such vehicle dealer license plates on a vehicle transporting commodities in the course of a demonstration over a period not to exceed seventy-two consecutive hours from the commencement of such demonstration, if a representative of the dealer is present and accompanies such vehicle during the course of the demonstration.
(d) Used on any vehicle sold to a resident of another state to transport such vehicle to that other state in lieu of a trip permit or in lieu of vehicle license plates obtained from that other state.
(e) Used on any new vehicle unless the vehicle dealer has provided the department a current service agreement with the manufacturer or distributor of that vehicle as provided in RCW 46.70.041(1)(k).
(8) In addition to or in lieu of any sanction imposed by the director pursuant to RCW 46.70.101 for unauthorized use of vehicle dealer license plates or manufacturer license plates, the director may order that any or all vehicle dealer license plates or manufacturer license plates issued pursuant to this chapter be confiscated for such period as ((he)) the director deems appropriate.
Sec. 6. RCW 46.70.101 and 1998 c 282 s 7 are each amended to read as follows:
The director may by order deny, suspend, or revoke the license of any vehicle dealer or vehicle manufacturer or, in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, if the director finds that the order is in the public interest and that the applicant or licensee:
(1) In the case of a vehicle dealer:
(a) The applicant or licensee, or any partner, officer, director, owner of ten percent or more of the assets of the firm, or managing employee:
(i) Was the holder of a license issued pursuant to this chapter, which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled or which license was assessed a civil penalty and the assessed amount has not been paid;
(ii) Has been adjudged guilty of a crime which directly relates to the business of a vehicle dealer and the time elapsed since the adjudication is less than ten years, or suffering any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion. For the purposes of this section, adjudged guilty shall mean in addition to a final conviction in either a state or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended;
(iii) Has knowingly or with reason to know made a false statement of a material fact in his or her application for license or any data attached thereto, or in any matter under investigation by the department;
(iv) Has knowingly, or with reason to know, provided the department with false information relating to the number of vehicle sales transacted during the past one year in order to obtain a vehicle dealer license plate;
(v) Does not have an established place of business as required in this chapter;
(vi) Refuses to allow representatives or agents of the department to inspect during normal business hours all books, records, and files maintained within this state;
(vii) Sells, exchanges, offers, brokers, auctions, solicits, or advertises a new or current model vehicle to which a factory new vehicle warranty attaches and fails to have a valid, written service agreement as required by this chapter, or having such agreement refuses to honor the terms of such agreement within a reasonable time or repudiates the same, except for sales by wholesale motor vehicle auction dealers to franchise motor vehicle dealers of the same make licensed under Title 46 RCW or franchise motor vehicle dealers of the same make licensed by any other state;
(viii) Is insolvent, either in the sense that their liabilities exceed their assets, or in the sense that they cannot meet their obligations as they mature;
(ix) Fails to pay any civil monetary penalty assessed by the director pursuant to this section within ten days after such assessment becomes final;
(x) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183;
(xi) Knowingly, or with reason to know, allows a salesperson employed by the dealer, or acting as their agent, to commit any of the prohibited practices set forth in subsection (1)(a) of this section and RCW 46.70.180;
(xii) Fails to have a current certificate or registration with the department of revenue.
(b) The applicant or licensee, or any partner, officer, director, owner of ten percent of the assets of the firm, or any employee or agent:
(i) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16 RCW or this chapter or any rules and regulations adopted thereunder;
(ii) Has defrauded or attempted to defraud the state, or a political subdivision thereof of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(iii) Has forged the signature of the registered or legal owner on a certificate of title;
(iv) Has purchased, sold, disposed of, or has in his or her possession any vehicle which he or she knows or has reason to know has been stolen or appropriated without the consent of the owner;
(v) Has willfully failed to deliver to a purchaser or owner a certificate of ownership to a vehicle which he or she has sold or leased;
(vi) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates or manufacturer license plates;
(vii) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;
(viii) Has engaged in practices inimical to the health or safety of the citizens of the state of Washington including but not limited to failure to comply with standards set by the state of Washington or the federal government pertaining to the construction or safety of vehicles, except for sales by wholesale motor vehicle auction dealers to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW or motor vehicle dealers licensed by any other state;
(ix) Has aided or assisted an unlicensed dealer or salesperson in unlawful activity through active or passive participation in sales, allowing use of facilities, dealer license number, or by any other means;
(x) Converts or appropriates, whether temporarily or permanently, property or funds belonging to a customer, dealer, or manufacturer, without the consent of the owner of the property or funds; or
(xi) Has sold any vehicle with actual knowledge that:
(A) It has any of the following brands on the title: "SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or
(B) It has been declared totaled out by an insurance carrier and then rebuilt; or
(C) The vehicle title contains the specific comment that the vehicle is "rebuilt";
without clearly disclosing that brand or comment in writing.
(c) The licensee or any partner, officer, director, or owner of ten percent or more of the assets of the firm holds or has held any such position in any other vehicle dealership licensed pursuant to this chapter which is subject to final proceedings under this section.
(2) In the case of a manufacturer, or any partner, officer, director, or majority shareholder:
(a) Was or is the holder of a license issued pursuant to this chapter which was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of the suspension have not been fulfilled, or which license was assessed a civil penalty and the assessed amount has not been paid;
(b) Has knowingly or with reason to know, made a false statement of a material fact in his or her application for license, or any data attached thereto, or in any matter under investigation by the department;
(c) Has failed to comply with the applicable provisions of chapter 46.12 or 46.16 RCW or this chapter or any rules and regulations adopted thereunder;
(d) Has defrauded or attempted to defraud the state or a political subdivision thereof, of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(e) Has purchased, sold, leased, disposed of, or has in his or her possession, any vehicle which he or she knows or has reason to know has been stolen or appropriated without the consent of the owner;
(f) Has committed any act in violation of RCW 46.70.090 relating to vehicle dealer license plates and manufacturer license plates;
(g) Has committed any act in violation of RCW 46.70.180 relating to unlawful acts and practices;
(h) Sells or distributes in this state or transfers into this state for resale or for lease, any new or unused vehicle to which a warranty attaches or has attached and refuses to honor the terms of such warranty within a reasonable time or repudiates the same;
(i) Fails to maintain one or more resident employees or agents to provide service or repairs to vehicles located within the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured and which are or have been sold or distributed in this state or transferred into this state for resale or for lease unless such manufacturer requires warranty service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(j) Fails to reimburse within a reasonable time any vehicle dealer within the state of Washington who in good faith incurs reasonable obligations in giving effect to warranties that attach or have attached to any new or unused vehicle sold, leased, or distributed in this state or transferred into this state for resale or for lease by any such manufacturer;
(k) Engaged in practices inimical to the health and safety of the citizens of the state of Washington including but not limited to failure to comply with standards set by the state of Washington or the federal government pertaining to the construction and safety of vehicles;
(l) Is insolvent either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature;
(m) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183.
Sec. 7. RCW 46.70.120 and 1996 c 282 s 4 are each amended to read as follows:
A dealer shall complete and maintain for a period of at least five years a record of the purchase and sale or lease of all vehicles purchased ((or)), sold, or leased by him or her. The records shall consist of:
(1) The license and title numbers of the state in which the last license was issued;
(2) A description of the vehicle;
(3) The name and address of the person from whom purchased;
(4) The name of the legal owner, if any;
(5) The name and address of the purchaser or lessee;
(6) If purchased from a dealer, the name, business address, dealer license number, and resale tax number of the dealer;
(7) The price paid for the vehicle and the method of payment;
(8) The vehicle odometer disclosure statement given by the seller to the dealer, and the vehicle odometer disclosure statement given by the dealer to the purchaser or lessee;
(9) The written agreement to allow a dealer to sell between the dealer and the consignor, or the listing dealer and the seller;
(10) Trust account records of receipts, deposits, and withdrawals;
(11) All sale documents, which shall show the full name of dealer employees involved in the sale or lease; and
(12) Any additional information the department may require. However, the department may not require a dealer to collect or retain the hardback copy of a temporary license permit after the permanent license plates for a vehicle have been provided to the purchaser or lessee, if the dealer maintains some other copy of the temporary license permit together with a log of the permits issued.
Such records shall be maintained separate from all other business records of the dealer. Records older than two years may be kept at a location other than the dealer's place of business if those records are made available in hard copy for inspection within three calendar days, exclusive of Saturday, Sunday, or a legal holiday, after a request by the director or the director's authorized agent. Records kept at the vehicle dealer's place of business must be available for inspection by the director or the director's authorized agent during normal business hours.
Dealers may maintain their recordkeeping and filing systems in accordance with their own particular business needs and practices. Nothing in this chapter requires dealers to maintain their records in any particular order or manner, as long as the records identified in this section are maintained in the dealership's recordkeeping system.
Sec. 8. RCW 46.70.122 and 1990 c 238 s 5 are each amended to read as follows:
(1) If the purchaser or transferee is a dealer he or she shall, on selling, leasing, or otherwise disposing of the vehicle, promptly execute the assignment and warranty of title, in such form as the director shall prescribe.
(2) The assignment and warranty shall show any secured party holding a security interest created or reserved at the time of resale or lease, to which shall be attached the assigned certificates of ownership and license registration received by the dealer. The dealer shall mail or deliver them to the department with the transferee's application for the issuance of new certificates of ownership and license registration. The title certificate issued for a vehicle possessed by a dealer and subject to a security interest shall be delivered to the secured party who upon request of the dealer's transferee shall, unless the transfer was a breach of the security agreement, either deliver the certificate to the transferee for transmission to the department, or upon receipt from the transferee of the owner's bill of sale or sale document, the transferee's application for a new certificate and the required fee, mail or deliver to the department. Failure of a dealer to deliver the title certificate to the secured party does not affect perfection of the security interest.
Sec. 9. RCW 46.70.130 and 1996 c 282 s 5 are each amended to read as follows:
(1) Before the execution of a contract or chattel mortgage or the consummation of the sale or lease of any vehicle, the seller must furnish the buyer or lessee an itemization in writing signed by the seller separately disclosing to the buyer or lessee the finance charge, insurance costs, taxes, and other charges which are paid or to be paid by the buyer or lessee.
(2) Notwithstanding subsection (1) of this section, an itemization of the various license and title fees paid or to be paid by the buyer or lessee, which itemization must be the same as that disclosed on the registration/application for title document issued by the department, may be required only on the title application at the time the application is submitted for title transfer. A vehicle dealer may not be required to separately or individually itemize the license and title fees on any other document, including but not limited to the purchase order and lease agreement. No fee itemization may be required on the temporary permit.
Sec. 10. RCW 46.70.180 and 1999 c 398 s 10 are each amended to read as follows:
Each of the following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:
(a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;
(d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;
(e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.
(2) To incorporate within the terms of any purchase and sale or lease agreement any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale.
(3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold or leased to a person for a consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser or lessee being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Taking from a prospective buyer or lessee of a vehicle a written order or offer to purchase or lease, or a contract document signed by the buyer or lessee, which:
(a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses within three calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee, either (i) to deliver to the buyer or lessee the dealer's signed acceptance, or (ii) to void the order, offer, or contract document and tender the return of any initial payment or security made or given by the buyer or lessee, including but not limited to money, check, promissory note, vehicle keys, a trade-in, or certificate of title to a trade-in; or
(b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer or lessee as part of the purchase price or lease, for any reason except:
(i) Failure to disclose that the vehicle's certificate of ownership has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.050 and 46.12.075; or
(ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
(iii) Excessive additional miles or a discrepancy in the mileage. "Excessive additional miles" means the addition of five hundred miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer. "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.
(7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle. However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.
(9) For a dealer, ((salesman)) salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser or lessee prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, ((salesman)) salesperson, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser or lessee has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.
(11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase ((or)), sale, or lease of a new motor vehicle.
(12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase ((or)), sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:
(a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;
(b) Signing any vehicle purchase orders, sales contracts, leases, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, lease, or title; or
(c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.
It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, lease, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.
Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.
(13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW. This subsection also applies to leased vehicles. In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that: (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable. ((The department of licensing shall by December 31, 1996, in rule, adopt standard disclosure language for buyer's agent agreements under RCW 46.70.011, 46.70.070, and this section.))
(14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.94 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith.
(c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or lease of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;
(f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.
Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended license impound under chapter 46.55 RCW. However, compliance with chapter ((62A.9)) 62A.9A RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section.
Sec. 11. RCW 46.70.900 and 1973 1st ex.s. c 132 s 20 are each amended to read as follows:
All provisions of this chapter shall be liberally construed to the end that deceptive practices or commission of fraud or misrepresentation in the sale, lease, barter, or disposition of vehicles in this state may be prohibited and prevented, and irresponsible, unreliable, or dishonest persons may be prevented from engaging in the business of selling, leasing, bartering, or otherwise dealing in vehicles in this state and reliable persons may be encouraged to engage in the business of selling, leasing, bartering and otherwise dealing in vehicles in this state: PROVIDED, That this chapter shall not apply to printers, publishers, or broadcasters who in good faith print, publish or broadcast material without knowledge of its deceptive character.
NEW SECTION. Sec. 12. A new section is added to chapter 46.70 RCW to read as follows:
(1) Except as provided in subsection (2) of this section, the following education requirements apply to an applicant for a vehicle dealer license under RCW 46.70.021:
(a) An applicant for a vehicle dealer license under RCW 46.70.021 must complete a minimum of eight hours of approved education programs described in subsection (3) of this section and pass a test prior to submitting an application for the license; and
(b) An applicant for a renewal of a vehicle dealer license under RCW 46.70.083 must complete a minimum of five hours per year in a licensing period of approved continuing education programs described in subsection (3) of this section prior to submitting an application for the renewal of the vehicle dealer license.
(2) The education and test requirements in subsection (1) of this section do not apply to an applicant for a vehicle dealer license under RCW 46.70.021 if the applicant is:
(a) A franchised dealer of new recreational vehicles;
(b) A nationally franchised or corporate-owned motor vehicle rental company;
(c) A dealer of manufactured dwellings;
(d) A national auction company that holds a vehicle dealer license and a wrecker license whose primary activity in this state is the sale or disposition of totaled vehicles; or
(e) A wholesale auto auction company that holds a vehicle dealer license.
(3) The education programs and test required in subsection (1) of this section shall be developed by motor vehicle industry organizations including, but not limited to, the state independent auto dealers association and the department of licensing.
(4) A new motor vehicle dealer, as defined under RCW 46.96.020, is deemed to have met the education and test requirements required for applicants for a vehicle dealer license under this section.
Sec. 13. RCW 46.70.070 and 1996 c 194 s 2 are each amended to read as follows:
(1) Before issuing a vehicle dealer's license, the department shall require the applicant to file with the department a surety bond in the amount of:
(a) ((Fifteen)) Thirty thousand dollars for motor vehicle dealers;
(b) Thirty thousand dollars for mobile home, park trailer, and travel trailer dealers((: PROVIDED, That if such dealer does not deal in mobile homes or park trailers such bond shall be fifteen thousand dollars));
(c) Five thousand dollars for miscellaneous dealers,
running to the state, and executed by a surety company authorized to do business in the state. Such bond shall be approved by the attorney general as to form and conditioned that the dealer shall conduct his or her business in conformity with the provisions of this chapter.
Any retail purchaser, consignor who is not a motor vehicle dealer, or a motor vehicle dealer who has purchased from, sold to, or otherwise transacted business with a wholesale dealer, who has suffered any loss or damage by reason of any act by a dealer which constitutes a violation of this chapter shall have the right to institute an action for recovery against such dealer and the surety upon such bond. However, under this section, motor vehicle dealers who have purchased from, sold to, or otherwise transacted business with wholesale dealers may only institute actions against wholesale dealers and their surety bonds. Successive recoveries against said bond shall be permitted, but the aggregate liability of the surety to all persons shall in no event exceed the amount of the bond. Upon exhaustion of the penalty of said bond or cancellation of the bond by the surety the vehicle dealer license shall automatically be deemed canceled.
(2) The bond for any vehicle dealer licensed or to be licensed under more than one classification shall be the highest bond required for any such classification.
(3) Vehicle dealers shall maintain a bond for each business location in this state and bond coverage for all temporary subagencies.
NEW SECTION. Sec. 14. Section 12 of this act takes effect July 1, 2002."
On page 1, line 2 of the title, after "manufacturers;" strike the remainder of the title and insert "amending RCW 46.70.005, 46.70.011, 46.70.051, 46.70.090, 46.70.101, 46.70.120, 46.70.122, 46.70.130, 46.70.180, 46.70.900, and 46.70.070; reenacting and amending RCW 46.70.041; adding a new section to chapter 46.70 RCW; and providing an effective date."
There being no objection, the House concurred in the Senate amendment to House Bill No. 1581.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of House Bill No. 1581 as amended by the Senate.
Representatives Cooper and Mitchell spoke in favor of the passage of the bill.
Representative Ericksen spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1581 as amended by the Senate and the bill passed the House by the following vote: Yeas - 73, Nays - 18, Absent - 0, Excused - 7.
Voting yea: Representatives Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Buck, Cairnes, Carrell, B. Chandler, Clements, Cody, Cooper, Cox, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, Mielke, Miloscia, Mitchell, O'Brien, Ogden, Pennington, Pflug, Quall, Reardon, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Chopp - 73.
Voting nay: Representatives Ahern, Benson, Boldt, Bush, Casada, G. Chandler, Conway, Crouse, Dunn, Eickmeyer, Kirby, Lambert, Morell, Mulliken, Pearson, Roach, Schindler and Sump - 18.
Excused: Representatives Campbell, McMorris, Morris, Murray, Poulsen, Sehlin, and Speaker Ballard - 7.
House Bill No. 1581 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 11, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1341, with the following amendment:
On page 2, at the beginning of line 35, insert "(1)"
On page 3, after line 12, insert the following:
"(2) If a nursing facility resident becomes eligible for home and community-based waiver service alternatives to nursing facility care, but chooses to continue to reside in a nursing facility, the department must allow that choice. However, if the resident is a medicaid recipient, the resident must require a nursing facility level of care.
(3) If a recipient of home and community-based waiver services may continue to receive home and community-based waiver services, despite an otherwise disqualifying level of income, but chooses to seek admission to a nursing facility, the department must allow that choice. However, if the resident is a medicaid recipient, the resident must require a nursing facility level of care.
(4) The department will fully disclose to all individuals eligible for waiver services under this section the services available in different long-term care settings."
There being no objection, the House concurred in the Senate amendment to Substitute House Bill No. 1341.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1341 as amended by the Senate.
Representative Cody spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1341 as amended by the Senate and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, Mielke, Miloscia, Mitchell, Morell, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 92.
Excused: Representatives Campbell, McMorris, Morris, Murray, Poulsen, and Sehlin - 6.
Substitute House Bill No. 1341 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 12, 2001
Mr. Speakers:
The Senate has passed HOUSE BILL NO. 1394, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that projects that remove impediments to fish passage can greatly increase access to spawning and rearing habitat for depressed, threatened, and endangered fish stocks. Although counties are authorized to use county road funds to replace culverts and other barriers to fish passage, and may conduct streambed and stream bank restoration and stabilization work in conjunction with removal of these fish barriers, counties are reluctant to spend county road funds beyond the county right-of-way because it is unclear whether the use of road funds for this purpose is authorized. The purpose of this act is to clarify that streambed and stream bank restoration and stabilization activities conducted in conjunction with removal of existing barriers to fish passage within county rights-of-way constitute a county road purpose even if this work extends beyond the county right-of-way. The legislature intends this act to be permissive legislation. Nothing in this act is intended to create or impose a legal duty upon counties for salmon recovery work beyond the county right-of-way.
Sec. 2. RCW 36.79.140 and 1997 c 81 s 6 are each amended to read as follows:
At the time the board reviews the six-year program of each county each even-numbered year, it shall consider and shall approve for inclusion in its recommended budget, as required by RCW 36.79.130, the portion of the rural arterial construction program scheduled to be performed during the biennial period beginning the following July 1st. Subject to the appropriations actually approved by the legislature, the board shall as soon as feasible approve rural arterial trust account funds to be spent during the ensuing biennium for preliminary proposals in priority sequence as established pursuant to RCW 36.79.090. Only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, and including traffic law enforcement, as are allowed to the state by Article II, section 40 of the state Constitution are eligible to receive funds from the rural arterial trust account: PROVIDED HOWEVER, That counties with a population of less than eight thousand are exempt from this eligibility restriction: AND PROVIDED FURTHER, That counties expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050 are also exempt from this eligibility restriction. The board shall authorize rural arterial trust account funds for the construction project portion of a project previously authorized for a preliminary proposal in the sequence in which the preliminary proposal has been completed and the construction project is to be placed under contract. At such time the board may reserve rural arterial trust account funds for expenditure in future years as may be necessary for completion of preliminary proposals and construction projects to be commenced in the ensuing biennium.
The board may, within the constraints of available rural arterial trust funds, consider additional projects for authorization upon a clear and conclusive showing by the submitting county that the proposed project is of an emergent nature and that its need was unable to be anticipated at the time the six-year program of the county was developed. The proposed projects shall be evaluated on the basis of the priority rating factors specified in RCW 36.79.080.
Sec. 3. RCW 36.82.070 and 1997 c 189 s 1 are each amended to read as follows:
Any money paid to any county road fund may be used for the construction, alteration, repair, improvement, or maintenance of county roads and bridges thereon and for wharves necessary for ferriage of motor vehicle traffic, and for ferries, and for the acquiring, operating, and maintaining of machinery, equipment, quarries, or pits for the extraction of materials, and for the cost of establishing county roads, acquiring rights-of-way therefor, and expenses for the operation of the county engineering office, and for any of the following programs when directly related to county road purposes: (1) Insurance; (2) self-insurance programs; and (3) risk management programs; and for any other proper county road purpose. Such expenditure may be made either independently or in conjunction with the state or any city, town, or tax district within the county. County road purposes also include the removal of barriers to fish passage related to county roads, and include but are not limited to the following activities associated with the removal of these barriers: Engineering and technical services; stream bank stabilization; streambed restoration; the placement of weirs, rock, or woody debris; planting; and channel modification. County road funds may be used beyond the county right-of-way for activities clearly associated with removal of fish passage barriers that are the responsibility of the county. Activities related to the removal of barriers to fish passage performed beyond the county right-of-way must not exceed twenty-five percent of the total cost of activities related to fish barrier removal on any one project, and the total annual cost of activities related to the removal of barriers to fish passage performed beyond the county rights-of-way must not exceed one-half of one percent of a county's annual road construction budget. The use of county road funds beyond the county right-of-way for activities associated with the removal of fish barriers is permissive, and wholly within the discretion of the county legislative authority. The use of county road funds beyond the county right-of-way for such activities does not create or impose a legal duty upon a county for salmon recovery work beyond the county right-of-way."
On page 1, line 2 of the title, after "projects;" strike the remainder of the title and insert "amending RCW 36.79.140 and 36.82.070; and creating a new section."
There being no objection, the House concurred in the Senate amendment to House Bill No. 1394.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of House Bill No. 1394 as amended by the Senate.
Representatives Eickmeyer and Mitchell spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1394 as amended by the Senate and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, Mielke, Miloscia, Mitchell, Morell, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 92.
Excused: Representatives Campbell, McMorris, Morris, Murray, Poulsen, and Sehlin - 6.
House Bill No. 1394 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 11, 2001
Mr. Speakers:
The Senate has passed HOUSE BILL NO. 1567, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.52.130 and 1998 c 165 s 11 are each amended to read as follows:
A certified abstract of the driving record shall be furnished only to the individual named in the abstract, an employer or prospective employer or an agent acting on behalf of an employer or prospective employer, the insurance carrier that has insurance in effect covering the employer or a prospective employer, the insurance carrier that has insurance in effect covering the named individual, the insurance carrier to which the named individual has applied, an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment, or city and county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to insurance companies. Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies, except that the certified abstract shall also include records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten years. Upon proper request, a certified abstract of the full driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract or to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; whether the accident resulted in any fatality; any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law; and the status of the person's driving privilege in this state. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer. Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate whether a recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2) that was originally charged as one of the alcohol-related offenses designated in RCW 46.01.260(2)(b)(i).
The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall include convictions for RCW 46.61.5249 and 46.61.525 except that the abstract shall report them only as negligent driving without reference to whether they are for first or second degree negligent driving. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.
The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.
Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.
Any employer or prospective employer or an agent acting on behalf of an employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.
Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
Release of a certified abstract of the driving record of an employee or prospective employee requires a statement signed by: (1) The employee or prospective employee that authorizes the release of the record, and (2) the employer attesting that the information is necessary to determine whether the licensee should be employed to operate a commercial vehicle or school bus upon the public highways of this state. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
Any negligent violation of this section is a gross misdemeanor.
Any intentional violation of this section is a class C felony."
In line 2 of the title, after "records;" strike the remainder of the title and insert "amending RCW 46.52.130; and prescribing penalties."
There being no objection, the House concurred in the Senate amendment to House Bill No. 1567.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of House Bill No. 1567 as amended by the Senate.
Representatives Fisher and Mitchell spoke in favor of the passage of the bill.
There being no objection, Speaker Ballard was excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1567 as amended by the Senate and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, Mielke, Miloscia, Mitchell, Morell, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Chopp - 91.
Excused: Representatives Campbell, McMorris, Morris, Murray, Poulsen, Sehlin, and Speaker Ballard - 7.
House Bill No. 1567 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 11, 2001
Mr. Speakers:
The Senate has passed HOUSE BILL NO. 1750, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.79.030 and 1987 c 228 s 1 are each amended to read as follows:
The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated((, except in the event the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation: PROVIDED, That such)). If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. One-half of the revenue received by the city or town as compensation for the area vacated, must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town."
In line 1 of the title, after "vacations;" strike the remainder of the title and insert "and amending RCW 35.79.030."
There being no objection, the House concurred in the Senate amendment to House Bill No. 1750.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of House Bill No. 1750 as amended by the Senate.
Representatives Fisher and Mitchell spoke in favor of the passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1750 as amended by the Senate and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Chopp - 93.
Excused: Representatives Morris, Murray, Poulsen, Sehlin, and Speaker Ballard - 5.
House Bill No. 1750 as amended by the Senate having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 13, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to ENGROSSED SUBSTITUTE SENATE BILL NO. 5413 and asks the House to recede therefrom, and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection,, the rules were suspended and Engrossed Substitute Senate Bill No. 5413 was returned to second reading for purposes of amendment.
SECOND READING
Representative Kagi moved the adoption of the following amendment (199):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 13.34 RCW to read as follows:
(1) Following shelter care and no later than twenty-five days prior to fact-finding, the department, upon the parent's request or counsel for the parent's request, shall facilitate a conference to develop and specify in a written service agreement the expectations of both the department and the parent regarding the care and placement of the child.
The department shall invite to the conference the parent, counsel for the parent, the foster parent or other out-of-home care provider, caseworker, guardian ad litem, counselor, or other relevant health care provider, and any other person connected to the development and well-being of the child.
The initial written service agreement expectations must correlate with the court's findings at the shelter care hearing. The written service agreement must set forth specific criteria that enables the court to measure the performance of both the department and the parent, and must be updated throughout the dependency process to reflect changes in expectations. The service agreement must serve as the unifying document for all expectations established in the department's various case planning and case management documents and the findings and orders of the court during dependency proceedings.
The court shall review the written service agreement at each stage of the dependency proceedings and evaluate the performance of both the department and the parent for consistent, measurable progress in complying with the expectations identified in the agreement.
The case conference agreement must be agreed to and signed by the parties. The court shall not consider the content of the discussions at the case conference at the time of the fact-finding hearing for the purposes of establishing that the child is a dependent child, and the court shall not consider any documents or written materials presented at the case conference but not incorporated into the case conference agreement, unless the documents or written materials were prepared for purposes other than or as a result of the case conference and are otherwise admissible under the rules of evidence.
(2) At any other stage in a dependency proceeding, the department, upon the parent's request, shall facilitate a case conference.
Sec. 2. RCW 13.34.062 and 2000 c 122 s 5 are each amended to read as follows:
(1) The written notice of custody and rights required by RCW 13.34.060 shall be in substantially the following form:
"NOTICE
Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.
1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody excluding Saturdays, Sundays, and holidays. You should call the court at (insert appropriate phone number here) for specific information about the date, time, and location of the court hearing.
2. You have the right to have a lawyer represent you at the hearing. Your right to representation continues after the shelter care hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .
3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
4. If your hearing occurs before a court commissioner, you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion for revision of the decision, as provided in RCW 2.24.050.
You should be present at any shelter care hearing. If you do not come, the judge will not hear what you have to say.
You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are: (insert name and telephone number) .
5. You may request that the department facilitate a case conference to develop a written service agreement following the shelter care hearing. The service agreement may not conflict with the court's order of shelter care. You may request that a multidisciplinary team, family group conference, prognostic staffing, or case conference be convened for your child's case. You may participate in these processes with your counsel present."
Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.
If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.
(2) If child protective services is not required to give notice under RCW 13.34.060(2) and subsection (1) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.
(3) Reasonable efforts to advise and to give notice, as required in RCW 13.34.060(2) and subsections (1) and (2) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the petitioner shall testify at the hearing or state in a declaration:
(a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and
(b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.
(4) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall hear evidence regarding the efforts made to place the child with a relative. The court shall make an express finding as to whether the notice required under RCW 13.34.060(2) and subsections (1) and (2) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.
(5) A shelter care order issued pursuant to RCW 13.34.065 may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.
(6) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. Upon the request of the parent, the court shall schedule the hearing within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.
Sec. 3. RCW 13.34.065 and 2000 c 122 s 7 are each amended to read as follows:
(1) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care unless the petition has been filed by the department, in which case the recommendation shall be submitted by the department.
(2) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:
(a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
(b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or
(ii) The release of such child would present a serious threat of substantial harm to such child; or
(iii) The parent, guardian, or custodian to whom the child could be released has been charged with violating RCW 9A.40.060 or 9A.40.070.
If the court does not release the child to his or her parent, guardian, or legal custodian, and the child was initially placed with a relative pursuant to RCW 13.34.060(1), the court shall order continued placement with a relative, unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized. If the child was not initially placed with a relative, and the court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make reasonable efforts to locate a relative pursuant to RCW 13.34.060(1). If a relative is not available, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether RCW 13.34.060(2) and subsections (1) and (2) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.
(3) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.
The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent and give weight to that fact before ordering return of the child to shelter care.
(4) If a child is returned home from shelter care a second time in the case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be reconvened.
(5) If a child is returned home from shelter care a second time in the case a law enforcement officer must be present and file a report to the department.
Sec. 4. RCW 13.34.180 and 2000 c 122 s 25 are each amended to read as follows:
(1) A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege all of the following unless subsection (2) or (3) of this section applies:
(a) That the child has been found to be a dependent child;
(b) That the court has entered a dispositional order pursuant to RCW 13.34.130;
(c) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency;
(d) That the services ordered under RCW 13.34.136 have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided;
(e) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:
(i) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or
(ii) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and
(f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home.
(2) In lieu of the allegations in subsection (1) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.
(3) In lieu of the allegations in subsection (1)(b) through (f) of this section, the petition may allege that the parent has been convicted of:
(a) Murder in the first degree, murder in the second degree, or homicide by abuse as defined in chapter 9A.32 RCW against another child of the parent;
(b) Manslaughter in the first degree or manslaughter in the second degree, as defined in chapter 9A.32 RCW against another child of the parent;
(c) Attempting, conspiring, or soliciting another to commit one or more of the crimes listed in (a) or (b) of this subsection; or
(d) Assault in the first or second degree, as defined in chapter 9A.36 RCW, against the surviving child or another child of the parent.
(4) Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.
1. You have the right to a fact-finding hearing before a judge.
2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .
3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
You should be present at this hearing.
You may call (insert agency) for more information about your child. The agency's name and telephone number are (insert name and telephone number) ."
Sec. 5. RCW 13.34.138 and 2000 c 122 s 19 are each amended to read as follows:
(1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than ninety days from the entry of the disposition order, whichever comes first. The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(3) or 13.34.134. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. This review shall consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting the disposition plan requirements. The requirements for the initial review hearing, including the in-court requirement, shall be accomplished within existing resources. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.
(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
(b) If the child is not returned home, the court shall establish in writing:
(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;
(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;
(iii) Whether there is a continuing need for placement and whether the placement is appropriate;
(iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
(v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
(vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and
(viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
(2) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.
NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:
The department shall, within existing resources, provide to parents requesting a multidisciplinary team, family group conference, prognostic staffing, or case conference, information that describes these processes prior to the processes being undertaken.
Sec. 7. RCW 13.34.110 and 2000 c 122 s 11 are each amended to read as follows:
(1) The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor. The rules of evidence shall apply at the fact-finding hearing and the parent, guardian, or legal custodian of the child shall have all of the rights provided in RCW 13.34.090(1). The petitioner shall have the burden of establishing by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030.
(2)(a) The parent, guardian, or legal custodian of the child may waive his or her right to a fact-finding hearing by stipulating or agreeing to the entry of an order of dependency establishing that the child is dependent within the meaning of RCW 13.34.030. The parent, guardian, or legal custodian may also stipulate or agree to an order of disposition pursuant to RCW 13.34.130 at the same time. Any stipulated or agreed order of dependency or disposition must be signed by the parent, guardian, or legal custodian and his or her attorney, unless the parent, guardian, or legal custodian has waived his or her right to an attorney in open court, and by the petitioner and the attorney, guardian ad litem, or court-appointed special advocate for the child, if any. If the department of social and health services is not the petitioner and is required by the order to supervise the placement of the child or provide services to any party, the department must also agree to and sign the order.
(b) Entry of any stipulated or agreed order of dependency or disposition is subject to approval by the court. The court shall receive and review a social study before entering a stipulated or agreed order and shall consider whether the order is consistent with the allegations of the dependency petition and the problems that necessitated the child's placement in out-of-home care. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.
(c) Prior to the entry of any stipulated or agreed order of dependency, the parent, guardian, or legal custodian of the child and his or her attorney must appear before the court and the court within available resources must inquire and establish on the record that:
(i) The parent, guardian, or legal custodian understands the terms of the order or orders he or she has signed, including his or her responsibility to participate in remedial services as provided in any disposition order;
(ii) The parent, guardian, or legal custodian understands that entry of the order starts a process that could result in the filing of a petition to terminate his or her relationship with the child within the time frames required by state and federal law if he or she fails to comply with the terms of the dependency or disposition orders or fails to substantially remedy the problems that necessitated the child's placement in out-of-home care;
(iii) The parent, guardian, or legal custodian understands that the entry of the stipulated or agreed order of dependency is an admission that the child is dependent within the meaning of RCW 13.34.030 and shall have the same legal effect as a finding by the court that the child is dependent by at least a preponderance of the evidence, and that the parent, guardian, or legal custodian shall not have the right in any subsequent proceeding for termination of parental rights or dependency guardianship pursuant to this chapter or nonparental custody pursuant to chapter 26.10 RCW to challenge or dispute the fact that the child was found to be dependent; and
(iv) The parent, guardian, or legal custodian knowingly and willingly stipulated and agreed to and signed the order or orders, without duress, and without misrepresentation or fraud by any other party.
If a parent, guardian, or legal custodian fails to appear before the court after stipulating or agreeing to entry of an order of dependency, the court may enter the order upon a finding that the parent, guardian, or legal custodian had actual notice of the right to appear before the court and chose not to do so. The court may require other parties to the order, including the attorney for the parent, guardian, or legal custodian, to appear and advise the court of the parent's, guardian's, or legal custodian's notice of the right to appear and understanding of the factors specified in this subsection. A parent, guardian, or legal custodian may choose to waive his or her presence at the in-court hearing for entry of the stipulated or agreed order of dependency by submitting to the court through counsel a completed stipulated or agreed dependency fact-finding/disposition statement in a form determined by the Washington state supreme court pursuant to General Rule GR 9.
(3) Immediately after the entry of the findings of fact, the court shall hold a disposition hearing, unless there is good cause for continuing the matter for up to fourteen days. If good cause is shown, the case may be continued for longer than fourteen days. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by certified mail of the time and place of any continued hearing. Unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who: (((1))) (a) Are related by blood or marriage to the child in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt; (((2))) (b) are known to the department as having been in contact with the family or child within the past twelve months; and (((3))) (c) would be an appropriate placement for the child. Reasonable cause to dispense with notification to a parent under this section must be proved by clear, cogent, and convincing evidence.
The parties need not appear at the fact-finding or dispositional hearing if the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement. ((The court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.))
NEW SECTION. Sec. 8. A new section is added to chapter 13.34 RCW to read as follows:
The department of social and health services shall promulgate rules that create good cause exceptions to the establishment and enforcement of child support from parents of children in out-of-home placement under chapter 13.34 or 13.32A RCW that do not violate federal funding requirements. The department shall present the rules and the department's plan for implementation of the rules to the appropriate committees of the legislature prior to the 2002 legislative session."
Correct the title.
Representatives Kagi and Boldt spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Tokuda and Boldt spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5413 as amended by the House.
There being no objection, Representatives Kessler, Sommers and Speaker Chopp were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5413 as amended by the House and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 91.
Excused: Representatives Kessler, Morris, Murray, Poulsen, Sehlin, Sommers, and Speaker Chopp - 7.
Engrossed Substitute Senate Bill No. 5413 as amended by the House, having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 16, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5438 and asks the House to recede therefrom, and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection,, the rules were suspended and Substitute Senate Bill No. 5438 was returned to second reading for purposes of amendment.
SECOND READING
Representative Doumit moved the adoption of the following amendment (182):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.32.380 and 2000 c 107 s 271 are each amended to read as follows:
(1) Persons who enter upon or use clearly identified department improved access facilities with a motor vehicle may be required to display a current annual fish and wildlife lands vehicle use permit on the motor vehicle while within or while using an improved access facility. An "improved access facility" is a clearly identified area specifically created for motor vehicle parking, and includes any boat launch or boat ramp associated with the parking area, but does not include the department parking facilities at the Gorge Concert Center near George, Washington. ((The vehicle use permit is issued in the form of a decal.)) One ((decal))vehicle use permit shall be issued at no charge with ((each)) an initial purchase of either an annual saltwater, freshwater, combination, small game hunting, big game hunting, ((and)) or trapping license issued by the department. The annual fee for a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has issued a ((decal)) vehicle use permit or who has purchased a vehicle use permit separately may purchase ((a decal)) additional vehicle use permits from the department ((for each additional vehicle owned by the person)) at a cost of five dollars per ((decal upon a showing of proof to the department that the person owns the additional vehicle or vehicles)) vehicle use permit. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities.
Youth groups may use department improved access facilities without possessing a vehicle use permit when accompanied by a vehicle use permit holder.
The department may accept contributions into the state wildlife fund for the sound stewardship of fish and wildlife. Contributors shall be known as "conservation patrons" and, for contributions of twenty dollars or more, shall receive a fish and wildlife lands vehicle use permit free of charge.
(2) The ((decal)) vehicle use permit must be ((affixed in a permanent manner to)) displayed from the interior of the motor vehicle so that it is clearly visible from outside of the motor vehicle before entering upon or using the motor vehicle on a department improved access facility((, and must be displayed on the rear window of the motor vehicle, or, if the motor vehicle does not have a rear window, on the rear of the motor vehicle)). The vehicle use permit can be transferred between two vehicles and must contain space for the vehicle license numbers of each vehicle.
(3) Failure to display the fish and wildlife lands vehicle use permit if required by this section is an infraction under chapter 7.84 RCW, and department employees are authorized to issue a notice of infraction to the registered owner of any motor vehicle entering upon or using a department improved access facility without such a ((decal)) vehicle use permit. The penalty for failure to clearly display ((or improper display of)) the ((decal)) vehicle use permit is sixty-six dollars. This penalty is reduced to thirty dollars if the registered owner provides proof to the court that he or she purchased a decal within fifteen days after the issuance of the notice of violation."
Representative Doumit moved the adoption of the following amendment (194) to the striking amendment:
On page 2, line 20 of the amendment, after "a" strike "decal" and insert "vehicle use permit"
Representative Doumit spoke in favor of adoption of the amendment to the striking amendment.
The amendment to the striking amendment was adopted.
The question before the House was the adoption of the striking amendment as amended. Representative Doumit spoke in favor of the adoption of the striking amendment as amended.
The striking amendment as amended was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representative Doumit spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5438 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5438 as amended by the House and the bill passed the House by the following vote: Yeas - 91, Nays - 0, Absent - 0, Excused - 7.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 91.
Excused: Representatives Kessler, Morris, Murray, Poulsen, Sehlin, Sommers, and Speaker Chopp - 7.
Substitute Senate Bill No. 5438 as amended by the House, having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 13, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5637 and asks the House to recede therefrom,
and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection,, the rules were suspended and Substitute Senate Bill No. 5637 was returned to second reading for purposes of amendment.
SECOND READING
Representative Doumit moved the adoption of the following amendment (198):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that a comprehensive program of monitoring is fundamental to making sound public policy and programmatic decisions regarding salmon recovery and watershed health. Monitoring provides accountability for results of management actions and provides the data upon which an adaptive management framework can lead to improvement of strategies and programs. Monitoring is also a required element of any salmon recovery plan submitted to the federal government for approval. While numerous agencies and citizen organizations are engaged in monitoring a wide range of salmon recovery and watershed health parameters, there is a greater need for coordination of monitoring efforts, for using limited monitoring resources to obtain information most useful for achieving relevant local, state, and federal requirements regarding watershed health and salmon recovery, and for making the information more accessible to those agencies and organizations implementing watershed health programs and projects. Regarding salmon recovery monitoring, the state independent science panel has concluded that many programs already monitor indicators relevant to salmonids, but the efforts are largely uncoordinated or unlinked among programs, have different objectives, use different indicators, lack support for sharing data, and lack shared statistical designs to address specific issues raised by listing of salmonid species under the federal endangered species act.
Therefore, it is the intent of the legislature to encourage the refocusing of existing agency monitoring activities necessary to implement a comprehensive watershed health monitoring program, with a focus on salmon recovery. The program should: Be based on a framework of greater coordination of existing monitoring activities; require monitoring activities most relevant to adopted local, state, and federal watershed health objectives; and facilitate the exchange of monitoring information with agencies and organizations carrying out watershed health, salmon recovery, and water resources management planning and programs.
NEW SECTION. Sec. 2. A new section is added to chapter 90.82 RCW to read as follows:
In conducting assessments and other studies that include monitoring components or recommendations, the department and planning units shall implement the monitoring recommendations developed under section 3 of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 77.85 RCW to read as follows:
(1) The monitoring oversight committee is hereby established. The committee shall be comprised of the directors or their designated representatives of:
(a) The salmon recovery office;
(b) The department of ecology;
(c) The department of fish and wildlife;
(d) The conservation commission;
(e) The Puget Sound action team;
(f) The department of natural resources;
(g) The department of transportation; and
(h) The interagency committee for outdoor recreation.
(2) The director of the salmon recovery office and the chair of the salmon recovery funding board, or their designees, shall cochair the committee. The cochairs shall convene the committee as necessary to develop, for the consideration of the governor and legislature, a comprehensive and coordinated monitoring strategy and action plan on watershed health with a focus on salmon recovery. The committee shall invite representation from the treaty tribes to participate in the committee's efforts. In addition, the committee shall invite participation by other state, local, and federal agencies and other entities as appropriate. The committee shall address the monitoring recommendations of the independent science panel provided under RCW 77.85.040(7) and of the joint legislative audit and review committee in its report number 01-1 on investing in the environment.
(3) The independent science panel shall act as an advisor to the monitoring oversight committee and shall review all work products developed by the committee and make recommendations to the committee cochairs.
(4) A legislative steering committee is created consisting of four legislators. Two of the legislators shall be members of the house of representatives, each representing different major political parties, appointed by the co-speakers of the house of representatives. The other two legislators shall be members of the senate, each representing different major political parties, appointed by the president of the senate. The monitoring oversight committee shall provide briefings to the legislative steering committee on a quarterly basis on the progress that the oversight committee is making on the development of the coordinated monitoring strategy and action plan, and the establishment of an adaptive management framework. The briefings shall include information on how the monitoring strategy will be coordinated with other government efforts, expected benefits and efficiencies that will be achieved, recommended funding sources and funding levels that will ensure stable sources of funding for monitoring, and the efforts and cooperation provided by agencies to improve coordination of their activities.
(5) The committee shall make recommendations to individual agencies to improve coordination of monitoring activities.
(6) The committee shall:
(a) Define the monitoring goals, objectives, and questions that must be addressed as part of a comprehensive statewide salmon recovery monitoring and adaptive management framework;
(b) Identify and evaluate existing monitoring activities for inclusion in the framework, while ensuring data consistency and coordination and the filling of monitoring gaps;
(c) Recommend statistical designs appropriate to the objectives;
(d) Recommend performance measures appropriate to the objectives and targeted to the appropriate geographical, temporal, and biological scales;
(e) Recommend standardized monitoring protocols for salmon recovery and watershed health;
(f) Recommend procedures to ensure quality assurance and quality control of all relevant data;
(g) Recommend data transfer protocols to support easy access, sharing, and coordination among different collectors and users;
(h) Recommend ways to integrate monitoring information into decision making;
(i) Recommend organizational and governance structures for oversight and implementation of the coordinated monitoring framework;
(j) Recommend stable sources of funding that will ensure the continued operation and maintenance of the state's salmon recovery and watershed health monitoring programs, once established; and
(k) Identify administrative actions that will be undertaken by state agencies to implement elements of the coordinated monitoring program.
(7) In developing the coordinated monitoring strategy, the committee shall coordinate with other appropriate state, federal, local, and tribal monitoring efforts, including but not limited to the Northwest power planning council, the Northwest Indian fisheries commission, the national marine fisheries service, and the United States fish and wildlife service. The committee shall also consult with watershed planning units under chapter 90.82 RCW, lead entities under this chapter, professional organizations, and other appropriate groups.
(8) The cochairs shall provide an interim report to the governor and the members of the appropriate legislative committees by March 1, 2002, on the progress made in implementing this section. By December 1, 2002, the committee shall provide a monitoring strategy and action plan to the governor, and the members of the appropriate legislative committees for achieving a comprehensive watershed health monitoring program with a focus on salmon recovery. The strategy and action plan shall document the results of the committee's actions in addressing the responsibilities described in subsection (6) of this section. In addition, the monitoring strategy and action plan shall include an assessment of existing state agency operations related to monitoring, evaluation, and adaptive management of watershed health and salmon recovery, and shall recommend any operational or statutory changes and funding necessary to fully implement the enhanced coordination program developed under this section. The plan shall make recommendations based upon the goal of fully realizing an enhanced and coordinated monitoring program by June 30, 2007.
NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."
Correct the title.
Representative Doumit spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the House deferred action on Substitute Senate Bill No. 5637, and the bill held its place on the Second Reading calendar.
MESSAGE FROM THE SENATE
April 13, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5695 and asks the House to recede therefrom,
and the same is herewith transmitted. Tony M. Cook, Secretary
There being no objection, the rules were suspended and Engrossed Second Substitute Senate Bill No. 5695 was returned to second reading for purposes of amendment.
SECOND READING
Representative Anderson moved the adoption of the following amendment (200):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds and declares:
(1) Teacher qualifications and effectiveness are the most important influences on student learning in schools.
(2) Preparation of individuals to become well-qualified, effective teachers must be high quality.
(3) Teachers who complete high-quality alternative route programs with intensive field-based experience, adequate coursework, and strong mentorship do as well or better than teachers who complete traditional preparation programs.
(4) High-quality alternative route programs can provide more flexibility and expedience for individuals to transition from their current career to teaching.
(5) High-quality alternative route programs can help school districts fill subject matter shortage areas and areas with shortages due to geographic location.
(6) Regardless of route, all candidates for residency teacher certification must meet the high standards required by the state.
The legislature recognizes widespread concerns about the potential for teacher shortages and finds that classified instructional staff in public schools represent a great untapped resource for recruiting the teachers of the future.
NEW SECTION. Sec. 2. There is hereby created a statewide partnership grant program to provide new high-quality alternative routes to residency teacher certification. To the extent funds are appropriated for this specific purpose, funds provided under this partnership grant program shall be used solely for school districts, or consortia of school districts, to partner with state-approved higher education teacher preparation programs to provide one or more of three alternative route programs in section 5 of this act, aimed at recruiting candidates to teaching in subject matter shortage areas and areas with shortages due to geographic location. Districts, or consortia of districts, may also include their educational service districts in their partnership grant program. Partnership programs receiving grants may enroll candidates as early as January 2002.
NEW SECTION. Sec. 3. (1) Each district or consortia of school districts applying for state funds through this program shall submit a proposal to the Washington professional educator standards board specifying:
(a) The route or routes the partnership program intends to offer and a detailed description of how the routes will be structured and operated by the partnership;
(b) The number of candidates that will be enrolled per route;
(c) An identification, indication of commitment, and description of the role of approved teacher preparation programs that are partnering with the district or consortia of districts;
(d) An assurance of district provision of adequate training for mentor teachers either through participation in a state mentor training academy or district-provided training that meets state-established mentor-training standards specific to the mentoring of alternative route candidates;
(e) An assurance that significant time will be provided for mentor teachers to spend with the alternative route teacher candidates throughout the internship. Partnerships must provide each candidate with intensive classroom mentoring until such time as the candidate demonstrates the competency necessary to manage the classroom with less intensive supervision and guidance from a mentor;
(f) A description of the rigorous screening process for applicants to alternative route programs, including entry requirements specific to each route, as provided in section 5 of this act; and
(g) The design and use of a teacher development plan for each candidate. The plan shall specify the alternative route coursework and training required of each candidate and shall be developed by comparing the candidate's prior experience and coursework with the state's new performance-based standards for residency certification and adjusting any requirements accordingly. The plan may include the following components:
(i) A minimum of one-half of a school year, and an additional significant amount of time if necessary, of intensive mentorship, starting with full-time mentoring and progressing to increasingly less intensive monitoring and assistance as the intern demonstrates the skills necessary to take over the classroom with less intensive support. For route one and two candidates, before the supervision is diminished, the mentor of the teacher candidate at the school and the supervisor of the teacher candidate from the higher education teacher preparation program must both agree that the teacher candidate is ready to manage the classroom with less intensive supervision. For route three candidates, the mentor of the teacher candidate shall make the decision;
(ii) Identification of performance indicators based on the knowledge and skills standards required for residency certification by the state board of education;
(iii) Identification of benchmarks that will indicate when the standard is met for all performance indicators;
(iv) A description of strategies for assessing candidate performance on the benchmarks;
(v) Identification of one or more tools to be used to assess a candidate's performance once the candidate has been in the classroom for about one-half of a school year; and
(vi) A description of the criteria that would result in residency certification after about one-half of a school year but before the end of the program.
(2) Districts may apply for program funds to pay stipends to both mentor teachers and interns during their mentored internship. For both intern stipends and accompanying mentor stipends, the per intern district request for funds may not exceed the amount designated by the BA+0 cell on the statewide teacher salary allocation schedule. This amount shall be prorated for internships and mentorships that last less than a full school year. Interns in the program for a full year shall be provided a stipend of at least eighty percent of the amount generated by the BA+0 cell on the statewide teacher salary allocation schedule. This amount shall be prorated for internships that last less than a full school year.
NEW SECTION. Sec. 4. (1) The professional educator standards board, with support from the office of the superintendent of public instruction, shall select school districts and consortia of school districts to receive partnership grants from funds appropriated by the legislature for this purpose. Factors to be considered in selecting proposals include:
(a) The degree to which the district, or consortia of districts in partnership, are currently experiencing teacher shortages;
(b) The degree to which the proposal addresses criteria specified in section 3 of this act and is in keeping with specifications of program routes in section 5 of this act;
(c) The cost-effectiveness of the proposed program; and
(d) Any demonstrated district and in-kind contributions to the program.
(2) Selection of proposals shall also take into consideration the need to ensure an adequate number of candidates for each type of route in order to evaluate their success.
(3) Funds appropriated for the partnership grant program in this chapter shall be administered by the office of the superintendent of public instruction.
NEW SECTION. Sec. 5. Partnership grants funded under this chapter shall operate one to three specific route programs. Successful completion of the program shall make a candidate eligible for residency teacher certification. For route one and two candidates, the mentor of the teacher candidate at the school and the supervisor of the teacher candidate from the higher education teacher preparation program must both agree that the teacher candidate has successfully completed the program. For route three candidates, the mentor of the teacher candidate shall make the determination that the candidate has successfully completed the program.
(1) Partnership grant programs seeking funds to operate route one programs shall enroll currently employed classified instructional employees with transferable associate degrees seeking residency teacher certification with endorsements in special education, bilingual education, or English as a second language. It is anticipated that candidates enrolled in this route will complete both their baccalaureate degree and requirements for residency certification in two years or less, including a mentored internship to be completed in the final year. In addition, partnership programs shall uphold entry requirements for candidates that include:
(a) District or building validation of qualifications, including three years of successful student interaction and leadership as a classified instructional employee;
(b) Successful passage of the statewide basic skills exam, when available; and
(c) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers.
(2) Partnership grant programs seeking funds to operate route two programs shall enroll currently employed classified staff with baccalaureate degrees seeking residency teacher certification in subject matter shortage areas and areas with shortages due to geographic location. Candidates enrolled in this route must complete a mentored internship complemented by flexibly scheduled training and coursework offered at a local site, such as a school or educational service district, or online or via video-conference over the K-20 network, in collaboration with the partnership program's higher education partner. In addition, partnership grant programs shall uphold entry requirements for candidates that include:
(a) District or building validation of qualifications, including three years of successful student interaction and leadership as classified staff;
(b) A baccalaureate degree from a regionally accredited institution of higher education. The individual's college or university grade point average may be considered as a selection factor;
(c) Successful completion of the content test, once the state content test is available;
(d) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and
(e) Successful passage of the statewide basic skills exam, when available.
(3) Partnership grant programs seeking funds to operate route three programs shall enroll individuals with baccalaureate degrees, who are not employed in the district at the time of application, or who hold emergency substitute certificates. When selecting candidates for certification through route three, districts shall give priority to individuals who are seeking residency teacher certification in subject matter shortage areas or shortages due to geographic locations. For route three only, the districts may include additional candidates in nonshortage subject areas if the candidates are seeking endorsements with a secondary grade level designation as defined by rule by the state board of education. The districts shall disclose to candidates in nonshortage subject areas available information on the demand in those subject areas. Cohorts of candidates for this route shall attend an intensive summer teaching academy, followed by a full year employed by a district in a mentored internship, followed, if necessary by a second summer teaching academy. In addition, partnership programs shall uphold entry requirements for candidates that include:
(a) Five years' experience in the work force;
(b) A baccalaureate degree from a regionally accredited institution of higher education. The individual's grade point average may be considered as a selection factor;
(c) Successful completion of the content test, once the state content test is available;
(d) External validation of qualifications, including demonstrated successful experience with students or children, such as references letters and letters of support from previous employers;
(e) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and
(f) Successful passage of statewide basic skills exams, when available.
NEW SECTION. Sec. 6. The alternative route conditional scholarship program is created under the following guidelines:
(1) The program shall be administered by the higher education coordinating board. In administering the program, the higher education coordinating board has the following powers and duties:
(a) To adopt necessary rules and develop guidelines to administer the program;
(b) To collect and manage repayments from participants who do not meet their service obligations; and
(c) To accept grants and donations from public and private sources for the program.
(2) Participation in the alternative route conditional scholarship program is limited to classified staff in routes one and two of the partnership grant programs under section 5 of this act. The Washington professional educator standards board shall select classified staff to receive conditional scholarships.
(3) In order to receive conditional scholarship awards, recipients shall be accepted and maintain enrollment in alternative certification routes through the partnership grant program, as provided in section 5 of this act. Recipients must continue to make satisfactory progress towards completion of the alternative route certification program and receipt of a residency teaching certificate.
(4) For the purpose of this chapter, a conditional scholarship is a loan that is forgiven in whole or in part in exchange for service as a certificated teacher employed in a Washington state K-12 public school. The state shall forgive one year of loan obligation for every two years a recipient teaches in a public school. Recipients that fail to continue a course of study leading to residency teacher certification or cease to teach in a public school in the state of Washington in their endorsement area are required to repay the remaining loan principal with interest.
(5) Recipients who fail to fulfill the required teaching obligation are required to repay the remaining loan principal with interest and any other applicable fees. The higher education coordinating board shall adopt rules to define the terms for repayment, including applicable interest rates, fees, and deferments.
(6) To the extent funds are appropriated for this specific purpose, the annual amount of the scholarship is the annual cost of tuition for the alternative route certification program in which the recipient is enrolled, not to exceed four thousand dollars. The board may adjust the annual award by the average rate of resident undergraduate tuition and fee increases at the state universities as defined in RCW 28B.10.016.
(7) The higher education coordinating board may deposit all appropriations, collections, and any other funds received for the program in this chapter in the student loan account authorized in RCW 28B.102.060.
NEW SECTION. Sec. 7. This chapter expires June 30, 2005.
NEW SECTION. Sec. 8. The Washington state institute for public policy shall submit to the education and fiscal committees of the legislature, the governor, the state board of education, and the Washington professional educator standards board, an interim evaluation of partnership grant programs funded under this chapter by December 1, 2002, and a final evaluation by December 1, 2004. If specific funding for the purposes of this section, referencing this section and this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this section is null and void.
NEW SECTION. Sec. 9. Sections 1 through 8 and 10 of this act constitute a new chapter in Title 28A RCW.
NEW SECTION. Sec. 10. School districts or approved private schools' ability to employ personnel under certification for emergency or temporary, substitute, or provisional duty as authorized by chapter 28A.410 RCW are not affected by the provisions of this act."
On page 1, line 2 of the title, after "certification;" strike the remainder of the title and insert "adding a new chapter to Title 28A RCW; creating a new section; and providing an expiration date."
Representatives Anderson, Haigh, Talcott, Haigh (again), and Schual-Berke spoke in favor of adoption of the amendment.
Representatives Cox, Benson and Bush spoke against adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representatives Anderson and Quall spoke in favor of passage of the bill.
Representative Bush spoke against passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 5695 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5695 as amended by the House and the bill passed the House by the following vote: Yeas - 75, Nays - 14, Absent - 0, Excused - 9.
Voting yea: Representatives Alexander, Anderson, Ballasiotes, Barlean, Berkey, Buck, Cairnes, Carrell, Casada, B. Chandler, Conway, Cooper, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, Miloscia, Mitchell, Morell, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 75.
Voting nay: Representatives Ahern, Armstrong, Benson, Boldt, Bush, G. Chandler, Cox, Crouse, Dunn, McMorris, Mielke, Mulliken, Schindler and Sump - 14.
Excused: Representatives Campbell, Clements, Cody, Kessler, Morris, Poulsen, Sehlin, Sommers, and Speaker Chopp - 9.
Engrossed Second Substitute Senate Bill No. 5695 as amended by the House, having received the necessary constitutional majority, was declared passed.
Had I been present, I would have voted YEA on Engrossed Second Substitute Senate Bill No. 5695.
JIM CLEMENTS, 14th District
There being no objection, the House returned to consideration on SUBSTITUTE SENATE BILL NO. 5637.
There being no objection, the rules were suspended, the second reading considered the third and the bill as amended by the House was placed on final passage.
Representative Doumit spoke in favor of passage of the bill.
The Speaker (Representative Pennington presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5637 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5637 as amended by the House and the bill passed the House by the following vote: Yeas - 92, Nays - 0, Absent - 0, Excused - 6.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, Ericksen, Esser, Fisher, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hunt, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 92.
Excused: Representatives Kessler, Morris, Poulsen, Sehlin, Sommers, and Speaker Chopp - 6.
Substitute Senate Bill No. 5637 as amended by the House, having received the necessary constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
April 18, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 1042,
SUBSTITUTE HOUSE BILL NO. 1259,
SUBSTITUTE HOUSE BILL NO. 1320,
SUBSTITUTE HOUSE BILL NO. 1365,
SUBSTITUTE HOUSE BILL NO. 1384,
SUBSTITUTE HOUSE BILL NO. 1591,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1658,
SECOND SUBSTITUTE HOUSE BILL NO. 1752,
SUBSTITUTE HOUSE BILL NO. 1891,
SUBSTITUTE HOUSE BILL NO. 2041,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410,
and the same are herewith transmitted.
Tony M. Cook, Secretary
April 18, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5468,
SUBSTITUTE SENATE BILL NO. 5986,
SENATE JOINT MEMORIAL NO. 8019,
ENGROSSED SENATE JOINT RESOLUTION NO. 8208,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE HOUSE BILL NO. 1295,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1420,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1458,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1832,
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 10:00 a.m., April 19, 2001, the 102nd Legislative Day.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk