ONE HUNDRED SECOND DAY
___________________________________________________________________________________________
MORNING SESSION
___________________________________________________________________________________________
House Chamber, Olympia, Thursday, April 19, 2001
The House was called to order at 10:00 a.m. by the Speaker (Representative Ogden presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Heather Fakkema and Dash Miller. Prayer was offered by Representative Phyllis Kenney.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
MESSAGES FROM THE SENATE
April 18, 2001
Mr. Speakers:
The Senate receded from its amendment to SUBSTITUTE HOUSE BILL NO. 1498, and passed the bill without said amendments, and the same is herewith transmitted.
Tony M. Cook, Secretary
April 18, 2001
Mr. Speakers:
The Senate receded from its amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1997, and passed the bill without said amendments, and the same is herewith transmitted.
Tony M. Cook, Secretary
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. 5274,
SUBSTITUTE SENATE BILL NO. 5443,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5583,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5703,
ENGROSSED SENATE BILL NO. 5790,
SUBSTITUTE SENATE BILL NO. 5910,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE SENATE BILL NO. 5468,
SUBSTITUTE SENATE BILL NO. 5986,
SENATE JOINT MEMORIAL NO. 8019,
ENGROSSED SENATE JOINT RESOLUTION NO. 8208,
MESSAGE FROM THE SENATE
April 18, 2001
Mr. Speakers:
The President has signed:
SUBSTITUTE SENATE BILL NO. 5274,
SUBSTITUTE SENATE BILL NO. 5443,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5583,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5703,
ENGROSSED SENATE BILL NO. 5790,
SUBSTITUTE SENATE BILL NO. 5910,
and the same are herewith transmitted.
Tony M. Cook, Secretary
SIGNED BY THE SPEAKERS
The Speakers signed:
SUBSTITUTE SENATE BILL NO. 5274,
SUBSTITUTE SENATE BILL NO. 5443,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5583,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5703,
ENGROSSED SENATE BILL NO. 5790,
SUBSTITUTE SENATE BILL NO. 5910,
MESSAGE FROM THE SENATE
April 19, 2001
Mr. Speakers:
The President has 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,
and the same are herewith transmitted.
Tony M. Cook, Secretary
The Speaker (Representative Ogden presiding) introduced to the Chamber, The Honorable Mr. Jorge Madrazo, the new Consul of Mexico. Joining Mr. Madrazo was Mr. Roberto Caldera Arroyo, Deputy Consul. Mr. Madrazo addressed the body.
SENATE AMENDMENTS TO HOUSE BILL
April 17, 2001
Mr. Speakers:
The Senate receded from the amendment by Senators Spanel, Honeyford, Zarelli and Fairly to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625. Under suspension of the rules Engrossed Substitute House Bill No. 1625, was returned to second reading for purpose of amendment. The Senate adopted amendment 1625-S.E AAS 04/17/01 S-2695.1, and passed the bill as amended by the Senate:
Strike everything after the enacting clause and insert the following:
"Sec. 1. 1999 c 379 s 112 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Development Loan Fund (88-2-006) (00-2-004)
Reappropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $558,716
Washington State Development Loan Account--((State)) Federal. . . . . . . . . . . . . . . . . . $2,439,932
-------------
Subtotal Reappropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,998,648
Appropriation:
Washington State Development Loan Account--((State)) Federal. . . . . . . . . . . . . . . . . . .$3,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$805,237
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$18,000,000
-------------
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25,303,885
Sec. 2. 1999 c 379 s 758 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works: Program (00-1-130)
The appropriation in this section are subject to the following conditions and limitations:
(1) $350,000 is provided for technical engineering analysis and financial planning regarding the conversion to digital transmission for Washington public broadcast stations. The financial plan shall assess state, federal, nonprofit foundations, viewer donations, and other sources of revenue to implement the conversion from analog to digital transmission. The provision of these study funds do not imply a further commitment of funding by the state of Washington.
(2) Funding is provided ((from the state building construction account)) as capital project matching funds to the following colleges: Wenatchee Valley, $250,000; Clark, $250,000; Lake Washington, $300,000; Bellevue, $500,000; Walla Walla, $500,000; Grays Harbor, $400,000. State funds shall be matched by an equal or greater amount of nonstate moneys.
(3) Following the allocation of funds for the projects in subsections (1) and (2) of this section, the appropriations in this section shall support the detailed list of projects maintained by the office of financial management.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,050,000
Community and Technical Colleges Capital Projects Account--State. . . . . . . . . . . . . . . . $1,800,000
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Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,850,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
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TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,850,000
Sec. 3. 2000 2nd sp.s. c 1 s 1008 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building Renovation
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903, chapter 379, Laws of 1999.
(2) (($2,000,000)) $4,500,000 of the appropriation in this section is provided for design of the interior rehabilitation and exterior preservation ((of)) and earthquake-related costs associated with the state legislative building ((consistent with the recommendations of the commission on legislative building preservation and renovation)). Funds in this subsection are also provided for planning ((and development of)), developing, and securing relocation space for current and future construction projects related to the capitol historic district ((as well as access)) and site improvements ((to the south portico area)).
(3) The department, in consultation with the legislature, the governor, and the state capitol committee, shall immediately begin planning and initiate an accelerated design/construction schedule for the renovation of the state legislative building as follows:
(a) No new permanent buildings shall be constructed, and the department shall follow standards for historic preservation;
(b) The goal shall be to reoccupy the building in time for the 2004 legislative session;
(c) The department shall make temporary accommodations for the displacement of legislators and legislative staff in the John L. O'Brien building, the Pritchard building, the Cherberg building, and the Newhouse building;
(d) The department shall temporarily move the state library to the Sunset Life building by June 30, 2001, and, if needed, the department shall lease storage facilities in Thurston county for books and other library assets;
(e) The department shall make temporary accommodations for other tenants of the state legislative building as follows:
(i) The office of the insurance commissioner shall be moved to leased space in Thurston county;
(ii) The office of the governor shall be moved to the Insurance building;
(iii) The office of the code reviser and the lieutenant governor shall be moved to a location on the west capitol campus; and
(iv) The other tenants, including the office of the state treasurer, the office of the state auditor, and the office of the secretary of state shall be moved to leased space in Thurston county;
(f) The state legislative building shall be completely vacated by September 15, 2001, to make it available for renovation by the contractor; and
(g) State contracts for the legislative building renovation, Nisqually earthquake repair, and future earthquake mitigation shall conform to all rules, regulations, and requirements of the federal emergency management agency.
(4) $1,000,000 of the appropriation in this section is provided for associated studies including:
(a) A private financing feasibility study;
(b) An investigation of exterior sandstone attachment; and
(c) A space use programming study to include:
(i) A prioritization of uses within the legislative building based on functional affiliation with the legislative process and the ceremonial functions of state-wide office holders that takes into consideration emerging telecommunication capabilities;
(ii) An analysis of space efficiency and space use related to legislative and state-wide ceremonial functions in the following buildings: Cherberg, O'Brien, Pritchard, Newhouse, the governor's mansion, and insurance;
(iii) A review of alternative uses and expansion capabilities for buildings on the capitol campus; and
(iv) By November 30, 2000, the department shall submit a report to the appropriate committees of the legislature on the recommendations of the space use programming study. These recommendations shall be the basis for the planning and development of relocation space for the capitol historic district ((as specified in subsection (2) of this section)).
(((4))) (5) The state capitol committee, in conjunction with a legislative building renovation oversight committee consisting of two members from both the house of representatives and senate, each appointed by legislative leadership, shall:
(a) Develop criteria and guidelines for the space programming study; and
(b) Periodically advise the department regarding the renovation under subsection (3) of this section, the receipt and use of private funds, and other issues that may arise.
(((5))) (6) From the appropriation in this section, up to $10,000 or an amount based on an appraised value may be expended to acquire a photo and document collection of historic significance that depicts legislative activities and facilities.
(7) The department shall report on the progress of accelerated planning, design, and relocations related to the renovation of the state legislative building to the legislature and the governor by July 15, 2001, and September 15, 2001, and shall consult with the legislature and governor on major decisions.
Appropriation:
Capitol Building Construction Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000,000
Thurston County Facilities Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,500,000
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Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$102,500,000
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TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((105,500,000))
108,000,000
Sec. 4. 2000 2nd sp.s. c 1 s 1013 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Special Commitment Center: Phase I (00-2-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903, chapter 379, Laws of 1999.
(2) The appropriation in this section is provided for design, sitework, and construction costs associated with building the first ((48-bed)) housing unit for the special commitment center located at McNeil Island. The department of social and health services shall notify the office of financial management and the legislative fiscal committees if there are changes to the scheduled March 2002 occupancy date.
(3) Within the funds provided in this section, the department of social and health services shall evaluate options and site locations for less restrictive alternative placements. The department of social and health services shall provide a report to the office of financial management and the legislative fiscal committees detailing the results of this evaluation, including statutory changes necessary to implement preferred options by November 15, 2000.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $14,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$50,000,000
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TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $64,000,000
NEW SECTION. Sec. 5. A new section is added to 1999 c 379 (uncodified) to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Tacoma Land Acquisition (01-2-029)
Appropriation:
Education Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,000,000
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TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,500,000
Sec. 6. 1999 c 379 s 937 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline Community College - Classroom/Laboratory Building: Construction (98-2-660)
The appropriations in this section are subject to the review and allotment procedures under sections 902 and 903 of this act.
Reappropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $310,000
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,900,000
Education Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,315,000
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Subtotal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,215,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 79,717
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
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TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $((6,289,717))
7,604,717
NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending 1999 c 379 ss 112, 758, and 937 (uncodified); amending 2000 2nd sp.s. c 1 ss 1008 and 1013 (uncodified); adding a new section to 1999 c 379 (uncodified); making appropriations; authorizing expenditures for capital improvements; and declaring an emergency."
There being no objection, the House refused to concur in the Senate Amendment(s) to Engrossed Substitute House Bill No. 1625 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 3, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1391, with the following amendments(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 44.04 RCW to read as follows:
The joint legislative audit and review committee, the legislative transportation committee, the joint committee on pension policy, the legislative evaluation and accountability program committee, and the joint legislative systems committee are subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations committee of the senate and the executive rules committee of the house of representatives to ensure operational adequacy of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight" includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation plans, selection of a chief administrator, facilities, and expenditures. This section does not grant oversight authority to the facilities and operations committee of the senate over any standing committee of the house of representatives or oversight authority to the executive rules committee of the house of representatives over any standing committee of the senate.
NEW SECTION. Sec. 2. A new section is added to chapter 44.28 RCW to read as follows:
The administration of the joint legislative audit and review committee is subject to section 1 of this act.
Sec. 3. RCW 44.28.060 and 1996 c 288 s 7 are each amended to read as follows:
The members of the joint committee shall form an executive committee consisting of one member from each of the four major political caucuses, which shall include a chair and a vice-chair. The chair and vice-chair shall serve for a period not to exceed two years. The chair and the vice-chair may not be members of the same political party. The chair shall alternate between the members of the majority parties in the senate and the house of representatives.
Subject to section 1 of this act, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the joint committee, as well as other duties delegated to it by the joint committee. The executive committee shall recommend applicants for the position of the legislative auditor to the membership of the joint committee. The legislative auditor shall be hired with the approval of a majority of the membership of the joint committee. Subject to section 1 of this act, the executive committee shall set the salary of the legislative auditor.
The joint committee shall adopt rules and procedures for its orderly operation. The joint committee may create subcommittees to perform duties under this chapter.
Sec. 4. RCW 44.28.065 and 1996 c 288 s 8 are each amended to read as follows:
The legislative auditor shall:
(1) Establish and manage the office of the joint legislative audit and review committee to carry out the functions of this chapter;
(2) Direct the audit and review functions described in this chapter and ensure that performance audits are performed in accordance with the "Government Auditing Standards" published by the comptroller general of the United States as applicable to the scope of the audit;
(3) Make findings and recommendations to the joint committee and under its direction to the committees of the state legislature concerning the organization and operation of state agencies and the expenditure of state funds by units of local government;
(4) Subject to section 1 of this act, in consultation with and with the approval of the executive committee, hire staff necessary to carry out the purposes of this chapter. Subject to section 1 of this act, employee salaries, other than the legislative auditor, shall be set by the legislative auditor with the approval of the executive committee;
(5) Assist the several standing committees of the house and senate in consideration of legislation affecting state departments and their efficiency; appear before other legislative committees; and assist any other legislative committee upon instruction by the joint legislative audit and review committee;
(6) Provide the legislature with information obtained under the direction of the joint legislative audit and review committee;
(7) Maintain a record of all work performed by the legislative auditor under the direction of the joint legislative audit and review committee and keep and make available all documents, data, and reports submitted to the legislative auditor by any legislative committee.
NEW SECTION. Sec. 5. A new section is added to chapter 44.40 RCW to read as follows:
The administration of the legislative transportation committee is subject to section 1 of this act.
Sec. 6. RCW 44.40.015 and 1999 sp.s. c 1 s 617 are each amended to read as follows:
The members of the legislative transportation committee shall form an executive committee consisting of two members from each of the four major political caucuses, which will include the chair and vice-chair of the legislative transportation committee. There will be four alternates to the executive committee, one from each of the four major political caucuses. Each alternate may represent a member from the same political caucus from which they were chosen when that member is absent, and have voting privileges during that absence.
Subject to section 1 of this act, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the committee, determining the number of legislative transportation committee staff, and other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation committee, and subject to section 1 of this act, the executive committee is responsible for adopting interim work plans and meeting schedules, approving all contracts signed on behalf of the committee, and setting policies for legislative transportation ((commitee [committee])) committee staff utilization.
Sec. 7. RCW 44.40.040 and 1979 c 151 s 157 are each amended to read as follows:
The members of the legislative transportation committee and the house and senate transportation committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged in other authorized business of the committees as provided in RCW 44.04.120 ((as now or hereafter amended)). Subject to section 1 of this act, all expenses incurred by the committee, and the house and senate transportation committees, including salaries of employees of the legislative transportation committee, shall be paid upon voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or authorized designee of the chairman of the committee, and the authority of said chairman or vice chairman to sign vouchers shall continue until their successors are selected. Vouchers may be drawn upon funds appropriated for the expenses of the committee.
Sec. 8. RCW 44.40.090 and 1977 ex.s. c 235 s 10 are each amended to read as follows:
Subject to section 1 of this act, powers and duties enumerated by this chapter shall be delegated to the senate and house transportation committees during periods when the legislative transportation committee is not appointed.
Sec. 9. RCW 44.40.100 and 1977 ex.s. c 235 s 11 are each amended to read as follows:
Subject to section 1 of this act, the legislative transportation committee ((and/or)) and the senate and house transportation committees may enter into contracts on behalf of the state to carry out the purposes of this chapter ((44.40 RCW as amended)); and it or they may act for the state in the initiation of or participation in any multigovernmental program relative to transportation planning or programming; and it or they may enter into contracts to receive federal or other funds, grants, or gifts to carry out said purposes and to be used in preference to or in combination with state funds. When federal or other funds are received, they shall be deposited with the state treasurer and thereafter expended only upon approval by the committee or committees.
NEW SECTION. Sec. 10. A new section is added to chapter 44.44 RCW to read as follows:
The administration of the joint committee on pension policy is subject to section 1 of this act.
Sec. 11. RCW 44.44.030 and 1987 c 25 s 2 are each amended to read as follows:
(1) Subject to section 1 of this act, the state actuary shall have the authority to select and employ such research, technical, clerical personnel, and consultants as the actuary deems necessary, whose salaries shall be fixed by the actuary and approved by the joint committee on pension policy, and who shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.
(2) All actuarial valuations and experience studies performed by the office of the state actuary shall be signed by a member of the American academy of actuaries. If the state actuary is not such a member, the state actuary, after approval by the committee, shall contract for a period not to exceed two years with a member of the American academy of actuaries to assist in developing actuarial valuations and experience studies.
NEW SECTION. Sec. 12. A new section is added to chapter 44.48 RCW to read as follows:
The administration of the legislative evaluation and accountability program committee is subject to section 1 of this act.
Sec. 13. RCW 44.48.050 and 1977 ex.s. c 373 s 5 are each amended to read as follows:
Subject to section 1 of this act, all expenses incurred by the committee, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the administrator and signed by the chairman or vice chairman of the committee and attested by the secretary of said committee, and the authority of said chairman and secretary to sign vouchers shall continue until their successors are selected after each ensuing session of the legislature. Vouchers may be drawn on funds appropriated by law for the committee: PROVIDED, That the senate and the house may authorize the committee to draw on funds appropriated by the legislature for legislative expenses.
Sec. 14. RCW 44.48.090 and 1979 c 151 s 158 are each amended to read as follows:
The committee shall have the following powers:
(1) To have timely access, upon written request of the administrator, to all machine readable, printed, and other data of state agencies relative to expenditures, budgets, and related fiscal matters;
(2) To suggest changes relative to state accounting and reporting systems to the office of financial management or its successor and to require timely written responses to such suggestions; and
(3) Subject to section 1 of this act, to enter into contracts; and when entering into any contract for computer access, make necessary provisions relative to the scheduling of computer time and usage in recognition of the unique requirements and priorities of the legislative process.
Sec. 15. RCW 44.48.120 and 1977 ex.s. c 373 s 12 are each amended to read as follows:
The committee is hereby authorized and empowered to appoint an officer to be known as the LEAP administrator who shall be the executive officer of the committee and assist in its duties and shall compile information for the committee.
Subject to section 1 of this act, the committee is hereby authorized and empowered to select and employ temporary and permanent personnel and fix their salaries.
The duties of the administrator shall be as follows:
(1) To manage the LEAP operations.
(2) To assist the several standing committees of the house and senate; to appear before other legislative committees; and to assist any other legislative committee upon instruction by the committee.
(3) To provide the legislature with information obtained under the direction of the committee.
(4) To maintain a record of all work performed by the administrator under the direction of the committee and to keep and make available all documents, data, and reports submitted to the administrator by any legislative committee.
NEW SECTION. Sec. 16. A new section is added to chapter 44.68 RCW to read as follows:
The administration of the joint legislative systems committee is subject to section 1 of this act.
Sec. 17. RCW 44.68.040 and 1986 c 61 s 4 are each amended to read as follows:
Subject to section 1 of this act:
(1) The systems committee, after consultation with the administrative committee, shall employ a legislative systems coordinator. The coordinator shall serve at the pleasure of the systems committee, which shall fix the coordinator's salary.
(2) The coordinator shall serve as the executive and administrative head of the center, and shall assist the administrative committee in managing the information processing and communications systems of the legislature as directed by the administrative committee.
Sec. 18. RCW 44.68.050 and 1986 c 61 s 5 are each amended to read as follows:
The administrative committee shall, subject to the approval of the systems committee and subject to section 1 of this act:
(1) Adopt policies, procedures, and standards regarding the information processing and communications systems of the legislature;
(2) Establish appropriate charges for services, equipment, and publications provided by the legislative information processing and communications systems, applicable to legislative and nonlegislative users as determined by the administrative committee;
(3) Employ or engage and fix the compensation for personnel required to carry out the purposes of this chapter;
(4) Enter into contracts for (a) the sale, exchange, or acquisition of equipment, supplies, services, and facilities required to carry out the purposes of this chapter and (b) the distribution of legislative information;
(5) Generally assist the systems committee in carrying out its responsibilities under this chapter, as directed by the systems committee."
In line 1 of the title, after "legislature;" strike the remainder of the title and insert "amending RCW 44.28.060, 44.28.065, 44.40.015, 44.40.040, 44.40.090, 44.40.100, 44.44.030, 44.48.050, 44.48.090, 44.48.120, 44.68.040, and 44.68.050; adding a new section to chapter 44.04 RCW; adding a new section to chapter 44.28 RCW; adding a new section to chapter 44.40 RCW; adding a new section to chapter 44.44 RCW; adding a new section to chapter 44.48 RCW; and adding a new section to chapter 44.68 RCW."
There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1391 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 4, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1680, with the following amendments(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds and declares that a contracting procedure that facilitates construction of transportation facilities in a more timely manner may occasionally be necessary to ensure that construction can proceed simultaneously with the design of the facility. The legislature further finds that the design-build process and other alternative project delivery concepts achieve the goals of time savings and avoidance of costly change orders.
The legislature finds and declares that a 2001 audit, conducted by Talbot, Korvola & Warwick, examining the Washington state ferries' capital program resulted in a recommendation for improvements and changes in auto ferry procurement processes. The auditors recommended that auto ferries be procured through use of a modified request for proposals process whereby the prevailing shipbuilder and Washington state ferries engage in a design and build partnership. This process promotes ownership of the design by the shipbuilder while using the department of transportation's expertise in ferry design and operations. Alternative processes like design-build partnerships can promote innovation and create competitive incentives that increase the likelihood of finishing projects on time and within the budget.
The purpose of this act is to authorize the department's use of a modified request for proposals process for procurement of auto ferries, and to prescribe appropriate requirements and criteria to ensure that contracting procedures for this procurement process serve the public interest.
NEW SECTION. Sec. 2. A new section is added to chapter 47.20 RCW to read as follows:
The department of transportation shall develop a process for awarding competitively bid highway construction contracts for projects over ten million dollars that may be constructed using a design-build procedure. As used in this section and section 3 of this act, "design-build procedure" means a method of contracting under which the department of transportation contracts with another party for the party to both design and build the structures, facilities, and other items specified in the contract.
The process developed by the department must, at a minimum, include the scope of services required under the design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria, and issue resolution procedures. In addition, the department should provide methods by which public employees may participate in the design-build process. This section expires April 30, 2008.
NEW SECTION. Sec. 3. A new section is added to chapter 47.20 RCW to read as follows:
The department of transportation may use the design-build procedure for public works projects over ten million dollars where:
(1) The construction activities are highly specialized and a design-build approach is critical in developing the construction methodology; or
(2) The projects selected provide opportunity for greater innovation and efficiencies between the designer and the builder; or
(3) Significant savings in project delivery time would be realized.
This section expires April 30, 2008.
NEW SECTION. Sec. 4. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department may purchase new auto ferries through use of a modified request for proposals process whereby the prevailing shipbuilder and the department engage in a design and build partnership for the design and construction of the auto ferries. The process consists of the three phases described in subsection (2) of this section.
(2) The definitions in this subsection apply throughout sections 5 through 10 of this act.
(a) "Phase one" means the evaluation and selection of proposers to participate in development of technical proposals in phase two.
(b) "Phase two" means the preparation of technical proposals by the selected proposers in consultation with the department.
(c) "Phase three" means the submittal and evaluation of bids, the award of the contract to the successful proposer, and the design and construction of the auto ferries.
NEW SECTION. Sec. 5. A new section is added to chapter 47.60 RCW to read as follows:
To commence the request for proposals process, the department shall publish a notice of its intent once a week for at least two consecutive weeks in at least one trade paper and one other paper, both of general circulation in the state. The notice must contain, but is not limited to, the following information:
(1) The number of auto ferries to be procured, the auto and passenger capacities, the delivery dates, and the estimated price range for the contract;
(2) A statement that a modified request for proposals design and build partnership will be used in the procurement process;
(3) A short summary of the requirements for prequalification of proposers including a statement that prequalification is a prerequisite to submittal of a proposal in phase one; and
(4) An address and telephone number that may be used to obtain a prequalification questionnaire and the request for proposals.
NEW SECTION. Sec. 6. A new section is added to chapter 47.60 RCW to read as follows:
Subject to legislative appropriation for the procurement of vessels, the department shall issue a request for proposals to interested parties that must include, at least, the following:
(1) Solicitation of a proposal to participate in a design and build partnership with the department to design and construct the auto ferries;
(2) Instructions on the prequalification process and procedures;
(3) A description of the modified request for proposals process. Under this process, the department may modify any component of the request for proposals, including the outline specifications by addendum at any time before the submittal of bids in phase three;
(4) A description of the design and build partnership process to be used for procurement of the vessels;
(5) Outline specifications that provide the requirements for the vessels including, but not limited to, items such as length, beam, displacement, speed, propulsion requirements, capacities for autos and passengers, passenger space characteristics, and crew size. The department will produce notional line drawings depicting hull geometry that will interface with Washington state ferries terminal facilities. Notional lines may be modified in phase two, subject to approval by the department;
(6) Instructions for the development of technical proposals in phase two, and information regarding confidentiality of technical proposals;
(7) The vessel delivery schedule, identification of the port on Puget Sound where delivery must take place, and the location where acceptance trials must be held;
(8) The estimated price range for the contract;
(9) The form and amount of the required bid deposit and contract security;
(10) A copy of the contract that will be signed by the successful proposer;
(11) The date by which proposals in phase one must be received by the department in order to be considered;
(12) A description of information to be submitted in the proposals in phase one concerning each proposer's qualifications, capabilities, and experience;
(13) A statement of the maximum number of proposers that may be selected in phase one for development of technical proposals in phase two;
(14) Criteria that will be used for the phase one selection of proposers to participate in the phase two development of technical proposals;
(15) A description of the process that will be used for the phase three submittal and evaluation of bids, award of the contract, and postaward administrative activities;
(16) A requirement that the contractor comply with all applicable laws, rules, and regulations including but not limited to those pertaining to the environment, worker health and safety, and prevailing wages;
(17) A requirement that the vessels be constructed within the boundaries of the state of Washington except that equipment furnished by the state and components, products, and systems that are standard manufactured items are not subject to the in-state requirement under this subsection. For the purposes of this subsection, "constructed" means the fabrication by the joining together by welding or fastening of all steel parts from which the total vessel is constructed, including, but not limited to, all shell frames, longitudinals, bulkheads, webs, piping runs, wire ways, and ducting. "Constructed" also means the installation of all components and systems, including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, paint, and joiner work required by the contract. "Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and ducting; and
(18) A requirement that all warranty work on the vessel must be performed within the boundaries of the state of Washington, insofar as practical.
NEW SECTION. Sec. 7. A new section is added to chapter 47.60 RCW to read as follows:
Phase one of the request for proposals process consists of evaluation and selection of prequalified proposers to participate in subsequent development of technical proposals in phase two, as follows:
(1) The department shall issue a request for proposals to interested parties.
(2) The request for proposals must require that each proposer prequalify for the contract under chapter 468-310 WAC, except that the department may adopt rules for the financial prequalification of proposers for this specific contract only. The department shall modify the financial prequalification rules in chapter 468-310 WAC in order to maximize competition among financially capable and otherwise qualified proposers. In adopting these rules, the department shall consider factors including, without limitation: (a) Shipyard resources in Washington state; (b) the cost to design and construct multiple vessels under a single contract without options; and (c) the sequenced delivery schedule for the vessels.
(3) The department may use some, or all, of the nonfinancial prequalification factors as part of the evaluation factors in phase one to enable the department to select a limited number of best qualified proposers to participate in development of technical proposals in phase two.
(4) The department shall evaluate submitted proposals in accordance with the selection criteria established in the request for proposals. Selection criteria may include, but are not limited to, the following:
(a) Shipyard facilities;
(b) Organization components;
(c) Design capability;
(d) Build strategy;
(e) Experience and past performance;
(f) Ability to meet vessel delivery dates;
(g) Projected workload; and
(h) Expertise of project team and other key personnel.
(5) Upon concluding its evaluation of proposals, the department shall select the best qualified proposers in accordance with the request for proposals. The selected proposers must participate in development of technical proposals. Selection must be made in accordance with the selection criteria stated in the request for proposals. All proposers must be ranked in order of preference as derived from the same selection criteria.
NEW SECTION. Sec. 8. A new section is added to chapter 47.60 RCW to read as follows:
Phase two of the request for proposals process consists of preparation of technical proposals in consultation with the department, as follows:
(1) The development of technical proposals in compliance with the detailed instructions provided in the request for proposals, including the outline specifications, and any addenda to them. Technical proposals must include the following:
(a) Design and specifications sufficient to fully depict the ferries' characteristics and identify installed equipment;
(b) Drawings showing arrangements of equipment and details necessary for the proposer to develop a firm, fixed price bid;
(c) Project schedule including vessel delivery dates; and
(d) Other appropriate items.
(2) The department shall conduct periodic reviews with each of the selected proposers to consider and critique their designs, drawings, and specifications. These reviews must be held to ensure that technical proposals meet the department's requirements and are responsive to the critiques conducted by the department during the development of technical proposals.
(3) If, as a result of the periodic technical reviews or otherwise, the department determines that it is in the best interests of the department to modify any element of the request for proposals, including the outline specifications, it shall do so by written addenda to the request for proposals.
(4) Proposers must submit final technical proposals for approval that include design, drawings, and specifications at a sufficient level of detail to fully depict the ferries' characteristics and identify installed equipment, and to enable a proposer to deliver a firm, fixed price bid to the department. The department shall reject final technical proposals that modify, fail to conform to, or are not fully responsive to and in compliance with the requirements of the request for proposals, including the outline specifications, as amended by addenda.
NEW SECTION. Sec. 9. A new section is added to chapter 47.60 RCW to read as follows:
Phase three consists of the submittal and evaluation of bids and the award of the contract to the successful proposer for the final design and construction of the auto ferries, as follows:
(1) The department shall request bids for detailed design and construction of the vessels after completion of the review of technical proposals in phase two. The department will review detailed design drawings in phase three for conformity with the technical proposals submitted in phase two. In no case may the department's review replace the builder's responsibility to deliver a product meeting the phase two technical proposal. The department may only consider bids from selected proposers that have qualified to bid by submitting technical proposals that have been approved by the department.
(2) Each qualified proposer must submit its total bid price for all vessels, including certification that the bid is based upon its approved technical proposal and the request for proposals.
(3) Bids constitute an offer and remain open for ninety days from the date of the bid opening. A deposit in cash, certified check, cashier's check, or surety bond in an amount specified in the request for proposals must accompany each bid and no bid may be considered unless the deposit is enclosed.
(4) The department shall evaluate the submitted bids. Upon completing the bid evaluation, the department may select the responsive and responsible proposer that offers the lowest total bid price for all vessels.
(5) The department may waive informalities in the proposal and bid process, accept a bid from the lowest responsive and responsible proposer, reject any or all bids, republish, and revise or cancel the request for proposals to serve the best interests of the department.
(6) The department may:
(a) Award the contract to the proposer that has been selected as the responsive and responsible proposer that has submitted the lowest total bid price;
(b) If a contract cannot be signed with the apparent successful proposer, award the contract to the next lowest responsive and responsible proposer; or
(c) If necessary, repeat this procedure with each responsive and responsible proposer in order of rank until the list of those proposers has been exhausted.
(7) If the department awards a contract to a proposer under this section, and the proposer fails to enter into the contract and furnish satisfactory contract security as required by chapter 39.08 RCW within twenty days from the date of award, its deposit is forfeited to the state and will be deposited by the state treasurer to the credit of the Puget Sound capital construction account. Upon the execution of a ferry design and construction contract all proposal deposits will be returned.
(8) The department may provide an honorarium to reimburse each unsuccessful phase three proposer for a portion of its technical proposal preparation costs at a preset, fixed amount to be specified in the request for proposals. If the department rejects all bids, the department may provide the honoraria to all phase three proposers that submitted bids.
NEW SECTION. Sec. 10. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department shall immediately notify those proposers that are not selected to participate in development of technical proposals in phase one and those proposers who submit unsuccessful bids in phase three.
(2) The department's decision is conclusive unless an aggrieved proposer files an appeal with the superior court of Thurston county within five days after receiving notice of the department's award decision. The court shall hear any such appeal on the department's administrative record for the project. The court may affirm the decision of the department, or it may reverse or remand the administrative decision if it determines the action of the department was arbitrary and capricious."
In line 1 of the title, after "works;" strike the remainder of the title and insert "adding new sections to chapter 47.20 RCW; adding new sections to chapter 47.60 RCW; creating a new section; and providing expiration dates."
There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1680 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 6, 2001
Mr. Speakers:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 1717, with the following amendments(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.310 and 2000 c 134 s 3, 2000 c 56 s 1, and 2000 c 6 s 5 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy. After the arrest of a suspect and referral of the case to the prosecuting authority, basic arrest information contained within the police incident report is no longer exempt, unless the agency promptly requests an examination of the record in camera and obtains an injunction against such release pursuant to RCW 42.17.330. After conviction, acquittal, dismissal of charges, or declination to file, the remainder of the investigative file in that particular case is no longer exempt, unless the agency promptly requests an examination of the record in camera and obtains an injunction against such release pursuant to RCW 42.17.330.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers supplied to an agency for the purpose of electronic transfer of funds, except when disclosure is expressly required by law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a correctional facility or any individual's safety.
(xx) Records the disclosure of which would reveal, directly or indirectly, the strategy or position to be taken by an agency during the course of any collective bargaining, professional negotiations, professional services contracting or strategic planning with respect to proprietary services, or grievance or mediation proceedings.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld."
On page 1, line 1 of the title, after "records;" strike the remainder of the title and insert "and reenacting and amending RCW 42.17.310."
There being no objection, the House refused to concur in the Senate Amendment(s) to Substitute House Bill No. 1717 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 12, 2001
Mr. Speakers:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 1041, with the following amendment:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that unlawful harassment directed at a child by a person under the age of eighteen is not acceptable and can have serious consequences. The legislature further finds that some interactions between minors, such as "schoolyard scuffles," though not to be condoned, may not rise to the level of unlawful harassment. It is the intent of the legislature that a protection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of eighteen to be restrained rises to the level set forth in chapter 10.14 RCW.
Sec. 2. RCW 10.14.020 and 1999 c 27 s 4 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct ((is contact by a person over age eighteen that)) would cause a reasonable parent to fear for the well-being of their child.
(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within the meaning of "course of conduct."
Sec. 3. RCW 10.14.040 and 1995 c 292 s 2 and 1995 c 127 s 2 are each reenacted and amended to read as follows:
There shall exist an action known as a petition for an order for protection in cases of unlawful harassment.
(1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
(3) All court clerks' offices shall make available simplified forms and instructional brochures. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(4) Filing fees are set in RCW 36.18.020, but no filing fee may be charged for a petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought. Forms and instructional brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
(6) The parent or guardian of a child under age eighteen may petition for an order of protection to restrain a person ((over)) age eighteen years or over from contact with that child upon a showing that contact with the person to be enjoined is detrimental to the welfare of the child.
(7) The parent or guardian of a child under the age of eighteen may petition in superior court for an order of protection to restrain a person under the age of eighteen years from contact with that child only in cases where the person to be restrained has been adjudicated of an offense against the child protected by the order, or is under investigation or has been investigated for such an offense. In issuing a protection order under this subsection, the court shall order that the person restrained in the order may not attend the public or approved private elementary, middle, or high school attended by the person under the age of eighteen years protected by the order. The parents or legal guardians of the person restrained in the order are responsible for transportation and other costs associated with the change of school by the person restrained in the order. The court shall send notice of the restriction on attending the same school as the person protected by the order to the public or approved private school the person restrained by the order will attend and to the school the person protected by the order attends.
Sec. 4. RCW 10.14.120 and 1989 c 373 s 14 are each amended to read as follows:
Any willful disobedience by ((the respondent)) a respondent age eighteen years or over of any temporary antiharassment protection order or civil antiharassment protection order issued under this chapter subjects the respondent to criminal penalties under this chapter. Any respondent age eighteen years or over who willfully disobeys the terms of any order issued under this chapter may also, in the court's discretion, be found in contempt of court and subject to penalties under chapter 7.21 RCW. Any respondent under the age of eighteen years who willfully disobeys the terms of an order issued under this chapter may, in the court's discretion, be found in contempt of court and subject to the sanction specified in RCW 7.21.030(4).
Sec. 5. RCW 10.14.170 and 1987 c 280 s 17 are each amended to read as follows:
Any respondent age eighteen years or over who willfully disobeys any civil antiharassment protection order issued pursuant to this chapter shall be guilty of a gross misdemeanor.
Sec. 6. RCW 7.21.030 and 1998 c 296 s 36 are each amended to read as follows:
(1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:
(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.
(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.
(c) An order designed to ensure compliance with a prior order of the court.
(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.
(e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW, commitment to juvenile detention for a period of time not to exceed seven days. This sanction may be imposed in addition to, or as an alternative to, any other remedial sanction authorized by this chapter. This remedy is specifically determined to be a remedial sanction.
(3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.
(4) If the court finds that a person under the age of eighteen years has willfully disobeyed the terms of an order issued under chapter 10.14 RCW, the court may find the person in contempt of court and may, as a sole sanction for such contempt, commit the person to juvenile detention for a period of time not to exceed seven days."
On page 1, line 1 of the title, after "harassment;" strike the remainder of the title and insert "amending RCW 10.14.020, 10.14.120, 10.14.170, and 7.21.030; reenacting and amending RCW 10.14.040; and creating a new section."
There being no objection, the House refused to concur in the Senate Amendment(s) to Second Substitute House Bill No. 1041 and asked the Senate to recede therefrom.
MESSAGE FROM THE SENATE
April 18, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to ENGROSSED SENATE BILL NO. 5394 and asks the House to recede therefrom.
Tony M. Cook, Secretary
There being no objection, the House refused to recede, insisted on its position regarding House amendment to Engrossed Senate Bill No. 5394 and asked the Senate to concur therein.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 2001
Mr. Speakers:
The Senate insists on its position to SUBSTITUTE HOUSE BILL NO. 1325 and asks the House to concur.
Tony M. Cook, Secretary
There being no objection, the House refused to concur, insisted on its position regarding Senate amendments to Substitute House Bill No. 1325 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 2001
Mr. Speakers:
The Senate receded from the amendment 1062 AAS 04/06/01 S-2618.2 by Senators Costa, Kline and Long to HOUSE BILL NO. 1062. Under suspension of the rules HOUSE BILL NO. 1062, was returned to second reading for purposes of amendment. The Senate adopted amendment 1062 AAS 04/18/01 S-2697.1, and passed the bill as amended by the Senate.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.101.010 and 1981 c 132 s 2 are each amended to read as follows:
When used in this chapter:
(1) The term "commission" means the Washington state criminal justice training commission.
(2) The term "boards" means the education and training standards boards, the establishment of which are authorized by this chapter.
(3) The term "criminal justice personnel" means any person who serves in a county, city, state, or port commission agency engaged in crime prevention, crime reduction, or enforcement of the criminal law.
(4) The term "law enforcement personnel" means any public employee or volunteer having as a primary function the enforcement of criminal laws in general or any employee or volunteer of, or any individual commissioned by, any municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws in general as distinguished from an agency possessing peace officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.
(5) The term "correctional personnel" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.
(6) A peace officer is "convicted" at the time a plea of guilty has been accepted, or a verdict of guilty or finding of guilt has been filed, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial or postfact-finding motions and appeals. "Conviction" includes a deferral of sentence and also includes the equivalent disposition by a court in a jurisdiction other than the state of Washington.
(7) "Discharged for disqualifying misconduct" means terminated from employment for: (a) Conviction of (i) any crime committed under color of authority as a peace officer, (ii) any crime involving dishonesty or false statement within the meaning of Evidence Rule 609(a), (iii) the unlawful use or possession of a controlled substance, or (iv) any other crime the conviction of which disqualifies a Washington citizen from the legal right to possess a firearm under state or federal law; (b) conduct that would constitute any of the crimes addressed in (a) of this subsection; or (c) knowingly making materially false statements during disciplinary investigations, where the false statements are the sole basis for the termination.
(8) A peace officer is "discharged for disqualifying misconduct" within the meaning of subsection (7) of this section under the ordinary meaning of the term and when the totality of the circumstances support a finding that the officer resigned in anticipation of discipline, whether or not the misconduct was discovered at the time of resignation, and when such discipline, if carried forward, would more likely than not have led to discharge for disqualifying misconduct within the meaning of subsection (7) of this section.
(9) When used in context of proceedings referred to in this chapter, "final" means that the peace officer has exhausted all available civil service appeals, collective bargaining remedies, and all other such direct administrative appeals, and the officer has not been reinstated as the result of the action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for discrimination, or by the pendency or availability of any remedies other than direct civil service and collective bargaining remedies.
(10) "Peace officer" means any law enforcement personnel subject to the basic law enforcement training requirement of RCW 43.101.200 and any other requirements of that section, notwithstanding any waiver or exemption granted by the commission, and notwithstanding the statutory exemption based on date of initial hire under RCW 43.101.200. Commissioned officers of the Washington state patrol, whether they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200, are included as peace officers for purposes of this chapter. Fish and wildlife officers with enforcement powers for all criminal laws under RCW 77.12.055 are peace officers for purposes of this chapter.
NEW SECTION. Sec. 2. (1) As a condition of continuing employment as peace officers, all Washington peace officers: (a) Shall timely obtain certification as peace officers, or timely obtain certification or exemption therefrom by meeting all requirements of RCW 43.101.200, as that section is administered under the rules of the commission, as well by meeting any additional requirements under this chapter; and (b) shall maintain the basic certification as peace officers under this chapter. The commission shall certify peace officers who have satisfied, or have been exempted by statute or by rule from, the basic training requirements of RCW 43.101.200 on or before the effective date of this section. Thereafter, the commission may revoke certification pursuant to this chapter.
(2) The commission shall allow a peace officer to retain status as a certified peace officer as long as the officer: (a) Timely meets the basic law enforcement training requirements, or is exempted therefrom, in whole or in part, under RCW 43.101.200 or under rule of the commission; (b) meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (c) is not denied certification by the commission under this chapter; and (d) has not had certification revoked by the commission.
(3) As a prerequisite to certification, as well as a prerequisite to pursuit of a hearing under section 9 of this act, a peace officer must, on a form devised or adopted by the commission, authorize the release to the commission of his or her personnel files, termination papers, criminal investigation files, or other files, papers, or information that are directly related to a certification matter or decertification matter before the commission.
NEW SECTION. Sec. 3. Upon request by a peace officer's employer or on its own initiative, the commission may deny or revoke certification of any peace officer, after written notice and hearing, if a hearing is timely requested by the peace officer under section 9 of this act, based upon a finding of one or more of the following conditions:
(1) The peace officer has failed to timely meet all requirements for obtaining a certificate of basic law enforcement training, a certificate of basic law enforcement training equivalency, or a certificate of exemption from the training;
(2) The peace officer has knowingly falsified or omitted material information on an application for training or certification to the commission;
(3) The peace officer has been convicted at any time of a felony offense under the laws of this state or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this state; except that if a certified peace officer was convicted of a felony before being employed as a peace officer, and the circumstances of the prior felony conviction were fully disclosed to his or her employer before being hired, the commission may revoke certification only with the agreement of the employing law enforcement agency;
(4) The peace officer has been discharged for disqualifying misconduct, the discharge is final, and some or all of the acts or omissions forming the basis for the discharge proceedings occurred on or after the effective date of this section;
(5) The peace officer's certificate was previously issued by administrative error on the part of the commission; or
(6) The peace officer has interfered with an investigation or action for denial or revocation of certificate by: (a) Knowingly making a materially false statement to the commission; or (b) in any matter under investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness.
NEW SECTION. Sec. 4. (1) A person denied a certification based upon dismissal or withdrawal from a basic law enforcement academy for any reason not also involving discharge for disqualifying misconduct is eligible for readmission and certification upon meeting standards established in rules of the commission, which rules may provide for probationary terms on readmission.
(2) A person whose certification is denied or revoked based upon prior administrative error of issuance, failure to cooperate, or interference with an investigation is eligible for certification upon meeting standards established in rules of the commission, rules which may provide for a probationary period of certification in the event of reinstatement of eligibility.
(3) A person whose certification is denied or revoked based upon a felony criminal conviction is not eligible for certification at any time.
(4) A peace officer whose certification is denied or revoked based upon discharge for disqualifying misconduct, but not also based upon a felony criminal conviction, may, five years after the revocation or denial, petition the commission for reinstatement of the certificate or for eligibility for reinstatement. The commission shall hold a hearing on the petition to consider reinstatement, and the commission may allow reinstatement based upon standards established in rules of the commission. If the certificate is reinstated or eligibility for certification is determined, the commission may establish a probationary period of certification.
(5) A peace officer whose certification is revoked based solely upon a criminal conviction may petition the commission for reinstatement immediately upon a final judicial reversal of the conviction. The commission shall hold a hearing on request to consider reinstatement, and the commission may allow reinstatement based on standards established in rules of the commission. If the certificate is reinstated or if eligibility for certification is determined, the commission may establish a probationary period of certification.
NEW SECTION. Sec. 5. A peace officer's certification lapses automatically when there is a break of more than twenty-four consecutive months in the officer's service as a full-time law enforcement officer. A break in full-time law enforcement service which is due solely to the pendency of direct review or appeal from a disciplinary discharge, or to the pendency of a work-related injury, does not cause a lapse in certification. The officer may petition the commission for reinstatement of certification. Upon receipt of a petition for reinstatement of a lapsed certificate, the commission shall determine under this chapter and any applicable rules of the commission if the peace officer's certification status is to be reinstated, and the commission shall also determine any requirements which the officer must meet for reinstatement. The commission may adopt rules establishing requirements for reinstatement.
NEW SECTION. Sec. 6. Upon termination of a peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission. The agency of termination shall, upon request of the commission, provide such additional documentation or information as the commission deems necessary to determine whether the termination provides grounds for revocation under section 3 of this act. The commission shall maintain these notices in a permanent file, subject to section 12 of this act.
NEW SECTION. Sec. 7. In addition to its other powers granted under this chapter, the commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry out this chapter;
(2) Issue subpoenas and administer oaths in connection with investigations, hearings, or other proceedings held under this chapter;
(3) Take or cause to be taken depositions and other discovery procedures as needed in investigations, hearings, and other proceedings held under this chapter;
(4) Appoint members of a hearings board as provided under section 10 of this act;
(5) Enter into contracts for professional services determined by the commission to be necessary for adequate enforcement of this chapter;
(6) Grant, deny, or revoke certification of peace officers under the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas and statements of charges under the provisions of this chapter; and
(8) Employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter.
NEW SECTION. Sec. 8. A law enforcement officer or duly authorized representative of a law enforcement agency may submit a written complaint to the commission charging that a peace officer's certificate should be denied or revoked, and specifying the grounds for the charge. Filing a complaint does not make a complainant a party to the commission's action. The commission has sole discretion whether to investigate a complaint, and the commission has sole discretion whether to investigate matters relating to certification, denial of certification, or revocation of certification on any other basis, without restriction as to the source or the existence of a complaint. A person who files a complaint in good faith under this section is immune from suit or any civil action related to the filing or the contents of the complaint.
NEW SECTION. Sec. 9. (1) If the commission determines, upon investigation, that there is probable cause to believe that a peace officer's certification should be denied or revoked under section 3 of this act, the commission must prepare and serve upon the officer a statement of charges. Service on the officer must be by mail or by personal service on the officer. Notice of the charges must also be mailed to or otherwise served upon the officer's agency of termination and any current law enforcement agency employer. The statement of charges must be accompanied by a notice that to receive a hearing on the denial or revocation, the officer must, within sixty days of communication of the statement of charges, request a hearing before the hearings board appointed under section 10 of this act. Failure of the officer to request a hearing within the sixty-day period constitutes a default, whereupon the commission may enter an order under RCW 34.05.440.
(2) If a hearing is requested, the date of the hearing must be scheduled not earlier than ninety days nor later than one hundred eighty days after communication of the statement of charges to the officer; the one hundred eighty day period may be extended on mutual agreement of the parties or for good cause. The commission shall give written notice of hearing at least twenty days prior to the hearing, specifying the time, date, and place of hearing.
NEW SECTION. Sec. 10. (1) The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern hearings before the commission and govern all other actions before the commission unless otherwise provided in this chapter. The standard of proof in actions before the commission is clear, cogent, and convincing evidence.
(2) On all appeals brought under section 9 of this act, a five-member hearings panel shall both hear the case and make the commission's final administrative decision. Members of the commission or the board on law enforcement training standards and education may but need not be appointed to the hearings panels. The commission shall appoint as follows two or more panels to hear appeals from decertification actions:
(a) When an appeal is filed in relation to decertification of a Washington peace officer who is not a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) One police chief; (ii) one sheriff; (iii) two peace officers who are at or below the level of first line supervisor, who are from city or county law enforcement agencies, and who have at least ten years' experience as peace officers; and (iv) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(b) When an appeal is filed in relation to decertification of a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) Either one police chief or one sheriff; (ii) one administrator of the state patrol; (iii) one peace officer who is at or below the level of first line supervisor, who is from a city or county law enforcement agency, and who has at least ten years' experience as a peace officer; (iv) one state patrol officer who is at or below the level of first line supervisor, and who has at least ten years' experience as a peace officer; and (v) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(c) Persons appointed to hearings panels by the commission shall, in relation to any decertification matter on which they sit, have the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is that a peace officer was "discharged for disqualifying misconduct," and the discharge is "final," within the meaning of section 3(4) of this act, and the officer received a civil service hearing or arbitration hearing culminating in an affirming decision following separation from service by the employer, the hearings panel may revoke or deny certification if the hearings panel determines that the discharge occurred and was based on disqualifying misconduct; the hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the employment separation proceeding. However, the hearings panel may, in its discretion, consider additional evidence to determine whether such a discharge occurred and was based on such disqualifying misconduct. The hearings panel shall, upon written request by the subject peace officer, allow the peace officer to present additional evidence of extenuating circumstances.
Where the charge upon which revocation or denial of certification is based is that a peace officer "has been convicted at any time of a felony offense" within the meaning of section 3(3) of this act, the hearings panel shall revoke or deny certification if it determines that the peace officer was convicted of a felony. The hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the criminal proceeding. However, the hearings panel shall, upon the panel's determination of relevancy, consider additional evidence to determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under section 3(1), (2), (5), or (6) of this act, the hearings panel shall determine the underlying facts relating to the charge upon which revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to judicial review under RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 11. The commission, its boards, and individuals acting on behalf of the commission and its boards are immune from suit in any civil or criminal action contesting or based upon proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
NEW SECTION. Sec. 12. (1) Except as provided under subsection (2) of this section, the following records of the commission are confidential and exempt from public disclosure: (a) The contents of personnel action reports filed under section 6 of this act; (b) all files, papers, and other information obtained by the commission pursuant to section 2(3) of this act; and (c) all investigative files of the commission compiled in carrying out the responsibilities of the commission under this chapter. Such records are not subject to public disclosure, subpoena, or discovery proceedings in any civil action, except as provided in subsection (5) of this section.
(2) Records which are otherwise confidential and exempt under subsection (1) of this section may be reviewed and copied: (a) By the officer involved or the officer's counsel or authorized representative, who may review the officer's file and may submit any additional exculpatory or explanatory evidence, statements, or other information, any of which must be included in the file; (b) by a duly authorized representative of (i) the agency of termination, or (ii) a current employing law enforcement agency, which may review and copy its employee-officer's file; or (c) by a representative of or investigator for the commission.
(3) Records which are otherwise confidential and exempt under subsection (1) of this section may also be inspected at the offices of the commission by a duly authorized representative of a law enforcement agency considering an application for employment by a person who is the subject of a record. A copy of records which are otherwise confidential and exempt under subsection (1) of this section may later be obtained by an agency after it hires the applicant. In all other cases under this subsection, the agency may not obtain a copy of the record.
(4) Upon a determination that a complaint is without merit, that a personnel action report filed under section 6 of this act does not merit action by the commission, or that a matter otherwise investigated by the commission does not merit action, the commission shall purge records addressed in subsection (1) of this section.
(5) The hearings, but not the deliberations, of the hearings board are open to the public. The transcripts, admitted evidence, and written decisions of the hearings board on behalf of the commission are not confidential or exempt from public disclosure, and are subject to subpoena and discovery proceedings in civil actions.
(6) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the commission in good faith.
NEW SECTION. Sec. 13. Sections 2 through 12 and 14 of this act are each added to chapter 43.101 RCW.
NEW SECTION. Sec. 14. This act takes effect January 1, 2002."
On page 1, line 1 of the title, after "officers;" strike the remainder of the title and insert "amending RCW 43.101.010; adding new sections to chapter 43.101 RCW; and providing an effective date."
There being no objection, the House concurred in the Senate amendment to House Bill No. 1062.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of House Bill No. 1062 as amended by the Senate.
Representatives O'Brien and Ballasiotes spoke in favor of the passage of the bill.
MOTIONS
On motion of Representative Roach, Representatives Cox and Ericksen were excused. On motion of Representative Santos, Representatives Darneille, Kessler, Morris, Sommers, Veloria and Speaker Chopp were excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1062 as amended by the Senate and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
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, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, 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, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Wood, Woods, Speaker Ballard - 90.
Excused: Representatives Cox, Darneille, Ericksen, Kessler, Morris, Sommers, Veloria, and Speaker Chopp - 8.
House Bill No. 1062 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 2001
Mr. Speakers:
The Senate receded from the amendment by Committee on Ways and Means to HOUSE BILL NO. 2126. Under suspension of the rules HOUSE BILL NO. 2126 was returned to second reading for purpose of amendment. The Senate adopted amendment 2126 AAS 04/18/01 S-2704.1 and passed the bill as amended by the Senate.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.95.020 and 2000 c 14 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Academic year" means the regular nine-month, three-quarter, or two-semester period annually occurring between July 1st and June 30th.
(2) "Account" means the Washington advanced college tuition payment program account established for the deposit of all money received by the board from eligible purchasers and interest earnings on investments of funds in the account, as well as for all expenditures on behalf of eligible beneficiaries for the redemption of tuition units and for the development of any authorized college savings program pursuant to section 2 of this act.
(3) "Board" means the higher education coordinating board as defined in chapter 28B.80 RCW.
(4) "Committee on advanced tuition payment" or "committee" means a committee of the following members: The state treasurer, the director of the office of financial management, the executive director of the higher education coordinating board, or their designees, and two members to be appointed by the governor, one representing program participants and one private business representative with marketing, public relations, or financial expertise.
(5) "Governing body" means the committee empowered by the legislature to administer the Washington advanced college tuition payment program.
(6) "Contractual obligation" means a legally binding contract of the state with the purchaser and the beneficiary establishing that purchases of tuition units will be worth the same number of tuition units at the time of redemption as they were worth at the time of the purchase.
(7) "Eligible beneficiary" means the person for whom the tuition unit will be redeemed for attendance at an institution of higher education. The beneficiary is that person named by the purchaser at the time that a tuition unit contract is accepted by the governing body. With the exception of tuition unit contracts purchased by qualified organizations as future scholarships, the beneficiary must reside in the state of Washington or otherwise be a resident of the state of Washington at the time the tuition unit contract is accepted by the governing body.
(8) "Eligible purchaser" means an individual or organization that has entered into a tuition unit contract with the governing body for the purchase of tuition units for an eligible beneficiary.
(9) "Full-time tuition charges" means resident tuition charges at a state institution of higher education for enrollments between ten credits and eighteen credit hours per academic term.
(10) "Institution of higher education" means an institution that offers education beyond the secondary level and is recognized by the internal revenue service under chapter 529 of the internal revenue code.
(11) "Investment board" means the state investment board as defined in chapter 43.33A RCW.
(12) "State institution of higher education" means institutions of higher education as defined in RCW 28B.10.016.
(13) "Tuition and fees" means undergraduate tuition and services and activities fees as defined in RCW 28B.15.020 and 28B.15.041 rounded to the nearest whole dollar. The maximum tuition and fees charges recognized for beneficiaries enrolled in a state technical college shall be equal to the tuition and fees for the community college system.
(14) "Tuition unit contract" means a contract between an eligible purchaser and the governing body, or a successor agency appointed for administration of this chapter, for the purchase of tuition units for a specified beneficiary that may be redeemed at a later date for an equal number of tuition units.
(15) "Unit purchase price" means the minimum cost to purchase one tuition unit for an eligible beneficiary. Generally, the minimum purchase price is one percent of the undergraduate weighted average tuition and fees for the current year, rounded to the nearest whole dollar, adjusted for the costs of administration and adjusted to ensure the actuarial soundness of the account. The analysis for price setting shall also include, but not be limited to consideration of past and projected patterns of tuition increases, program liability, past and projected investment returns, and the need for a prudent stabilization reserve.
(16) "Weighted average tuition" shall be calculated as the sum of the undergraduate tuition and services and activities fees for each four-year state institution of higher education, multiplied by the respective full-time equivalent student enrollment at each institution divided by the sum total of undergraduate full-time equivalent student enrollments of all four-year state institutions of higher education, rounded to the nearest whole dollar.
(17) "Weighted average tuition unit" is the value of the weighted average tuition and fees divided by one hundred. The weighted average is the basis upon which tuition benefits ((are)) may be calculated ((for graduate program enrollments and for attendance at nonstate institutions of higher education and is)) as the basis for any refunds provided from the program.
NEW SECTION. Sec. 2. A new section is added to chapter 28B.95 RCW to read as follows:
(1) The committee may establish a college savings program. If such a program is established, the college savings program shall be established, in such form as may be determined by the committee, to be a qualified state tuition program as defined by the internal revenue service under section 529 of the internal revenue code, and shall be administered in a manner consistent with the Washington advanced college tuition payment program. The committee, in planning and devising the program, shall consult with the state investment board, the state treasurer, a qualified actuarial consulting firm with appropriate expertise to evaluate such plans, the legislative fiscal and higher education committees, and the institutions of higher education.
(2) Up to two hundred thousand dollars of administrative fees collected from guaranteed education tuition program participants may be applied as a loan to fund the development of a college savings program. This loan must be repaid with interest before the conclusion of the biennium in which the committee draws funds for this purpose from the advanced college tuition payment program account.
(3) If such a college savings program is established, the college savings program account is created in the custody of the state treasurer for the purpose of administering the college savings program. If created, the account shall be a discrete nontreasury account in the custody of the state treasurer. Interest earnings shall be retained in accordance with RCW 43.79A.040. Disbursements from the account, except for program administration, are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. Money used for program administration is subject to the allotment provisions, but without appropriation.
(4) The committee, after consultation with the state investment board, shall determine the investment policies for the college savings program. Program contributions may be invested by the state investment board or the committee may contract with an investment company licensed to conduct business in this state to do the investing. The committee shall keep or cause to be kept full and adequate accounts and records of the assets of each individual participant in the college savings program.
(5) Neither the state nor any eligible educational institution may be considered or held to be an insurer of the funds or assets of the individual participant accounts in the college savings program created under this section nor may any such entity be held liable for any shortage of funds in the event that balances in the individual participant accounts are insufficient to meet the educational expenses of the institution chosen by the student for which the individual participant account was intended.
(6) The committee shall adopt rules to implement this section. Such rules shall include but not be limited to administration, investment management, promotion, and marketing; compliance with internal revenue service standards; application procedures and fees; start-up costs; phasing in the savings program and withdrawals therefrom; deterrents to early withdrawals and provisions for hardship withdrawals; and reenrollment in the savings program after withdrawal.
(7) The committee may, at its discretion, determine to cease operation of the college savings program if it determines the continuation is not in the best interest of the state. The committee shall adopt rules to implement this section addressing the orderly distribution of assets.
Sec. 3. RCW 28B.95.110 and 2000 c 14 s 8 are each amended to read as follows:
(1) The intent of the Washington advanced college tuition payment program is to redeem tuition units for attendance at an institution of higher education. Refunds shall be issued under specific conditions that may include the following:
(a) Certification that the beneficiary, who is eighteen years of age or older, will not attend an institution of higher education, will result in a refund not to exceed the current weighted average tuition and fees in effect at the time of such certification minus a penalty at the rate established by the internal revenue service under chapter 529 of the internal revenue code. No more than one hundred tuition units may be refunded per year to any individual making this certification. The refund shall be made no sooner than ninety days after such certification, less any administrative processing fees assessed by the governing body;
(b) If there is certification of the death or disability of the beneficiary, the refund shall be equal to one hundred percent of any remaining unused tuition units ((valued)) at the current ((weighted average tuition units)) value, as determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body;
(c) If there is certification by the student of graduation or program completion, the refund shall be as great as one hundred percent of any remaining unused ((weighted average)) tuition units at the current value, as determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body. The governing body may, at its discretion, impose a penalty if needed to comply with federal tax rules;
(d) If there is certification of other tuition and fee scholarships, which will cover the cost of tuition for the eligible beneficiary. The refund shall be equal to one hundred percent of the current ((weighted average)) value of tuition units, as determined by the governing body, in effect at the time of the refund request, ((plus)) less any administrative processing fees assessed by the governing body. The refund under this subsection may not exceed the value of the scholarship;
(e) Incorrect or misleading information provided by the purchaser or beneficiaries may result in a refund of the purchaser's investment, less any administrative processing fees assessed by the governing body. The value of the refund will not exceed the actual dollar value of the purchaser's contributions; and
(f) The governing body may determine other circumstances qualifying for refunds of remaining unused tuition units and may determine the value of that refund.
(2) With the exception of subsection (1)(b), (e), and (f) of this section no refunds may be made before the units have been held for two years.
Sec. 4. RCW 43.79A.040 and 2000 c 79 s 45 are each amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility ((grant)) account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 5. Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28B.95.020, 28B.95.110, and 43.79A.040; adding a new section to chapter 28B.95 RCW; providing an effective date; and declaring an emergency."
There being no objection, the House concurred in the Senate amendment to House Bill No. 2126.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of House Bill No. 2126 as amended by the Senate.
Representative Kenney spoke in favor of the passage of the bill.
There being no objection, Representative Benson was excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2126 as amended by the Senate and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 0, Excused - 8.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Berkey, Boldt, Buck, Bush, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, 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, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sump, Talcott, Tokuda, Van Luven, Wood, Woods, and Speaker Ballard - 90.
Excused: Representatives Benson, Cox, Darneille, Ericksen, Kessler, Sommers, Veloria, and Speaker Chopp - 8.
House Bill No. 2126 as amended by the Senate having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 18, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5319 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. 5319 was returned to second reading for purposes of amendment.
SECOND READING
Representative Mulliken moved the adoption of the following amendment (202):
On page 2, beginning on line 26, strike all of section 2
Renumber the remaining section consecutively and correct any internal references accordingly.
On page 3, line 25, strike "June" and insert "July"
Correct the title.
Representatives Mulliken and Dunshee 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 Dunshee and Mulliken spoke in favor of passage of the bill.
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5319 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5319 as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, Crouse, Darneille, DeBolt, Dickerson, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, 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, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard - 94.
Excused: Representatives Cox, Ericksen, Kessler, and Speaker Chopp - 4.
Substitute Senate Bill No. 5319 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. 5896 and asks the House to recede therefrom.
Tony M. Cook, Secretary
There being no objection, the House receded from its amendments to Substitute Senate Bill No. 5896 and advanced the bill without the House's amendments.
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5896.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5896 and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, Crouse, Darneille, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Edmonds, Edwards, Eickmeyer, 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, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, and Speaker Ballard - 94.
Excused: Representatives Cox, Ericksen, Kessler, and Speaker Chopp - 4.
Substitute Senate Bill No. 5896, having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 19, 2001
Mr. Speakers:
The Senate has passed:
SECOND SUBSTITUTE SENATE BILL NO. 6177,
and the same is herewith transmitted.
Tony M. Cook, Secretary
SENATE AMENDMENTS TO HOUSE BILL
April 10, 2001
Mr. Speakers:
The Senate has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2172, with the following amendment:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.106.010 and 1997 c 326 s 2 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meaning:
(1) "Advisory board" means the state advisory board of plumbers;
(2) "Department" means the department of labor and industries;
(3) "Director" means the director of department of labor and industries;
(4) "Journeyman plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter;
(5) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and medical vacuum systems;
(6) "Medical gas piping installer" means a journeyman plumber who has been issued a medical gas piping installer endorsement;
(7) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a building. Installation in a water system of water softening or water treatment equipment is not within the meaning of plumbing as used in this chapter;
(8) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to:
(a) Installation, maintenance, and repair of the plumbing of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories; or
(b) Maintenance and repair of backflow prevention assemblies.
Sec. 2. RCW 18.106.040 and 1977 ex.s. c 149 s 4 are each amended to read as follows:
(1) Upon receipt of the application and evidence set forth in RCW 18.106.030, the director shall review the same and make a determination as to whether the applicant is eligible to take an examination for the certificate of competency. To be eligible to take the examination:
(a) Each applicant for a journeyman plumber's certificate of competency shall furnish written evidence that he or she has ((either)) completed a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the coordinating council on occupational education((;)), or ((that he)) has had four or more years of experience under the direct supervision of a licensed journeyman plumber.
(b) Each applicant for a specialty plumber's certificate of competency under RCW 18.106.010(8)(a) shall furnish written evidence that he or she has ((either)) completed a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the ((commission for vocational education or its designee)) work force training and education coordinating board under chapter 28C.10 RCW, or that he or she has had at least three years practical experience in ((his)) the specialty. ((No other requirement for eligibility may be imposed.))
(c) Each applicant for a specialty plumber's certificate of competency under RCW 18.106.010(8)(b) shall furnish written evidence that he or she is eligible to take the examination. These eligibility requirements shall be adopted by rule by the director pursuant to subsection (2)(b) of this section.
(2)(a) The director shall establish reasonable rules ((and regulations)) for the examinations to be given applicants for certificates of competency. In establishing ((said)) the rules, ((regulations, and criteria,)) the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110.
(b) The director shall establish reasonable criteria by rule for determining an applicant's eligibility to take an examination for the certificate of competency for specialty plumbers under subsection (1)(c) of this section. In establishing the criteria, the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110. These rules must take effect by July 1, 2002.
(3) Upon determination that the applicant is eligible to take the examination, the director shall so notify ((him)) the applicant, indicating the time and place for taking the same.
(4) No other requirement for eligibility may be imposed.
NEW SECTION. Sec. 3. A new section is added to chapter 18.106 RCW to read as follows:
(1) Those actively certified by the department of health on or before July 1, 2001, as backflow assembly testers and registered as a contractor under chapter 18.27 RCW or employed by a registered contractor, may perform maintenance and repair of backflow prevention assemblies, without being a certified plumber under this chapter, until January 1, 2003. For the purposes of this section, "maintenance and repair" include cleaning and replacing internal parts of an assembly, but do not include installing or replacing backflow prevention assemblies.
(2) After January 1, 2003, backflow assembly testers exempted under subsection (1) of this section are required to meet the eligibility requirements for a specialty plumber's certificate of competency under RCW 18.106.040(1)(c).
NEW SECTION. Sec. 4. A new section is added to chapter 19.27 RCW to read as follows:
The owner of a building classified as a group R, division 3 occupancy, as defined in the state building code adopted under this chapter, shall have the backflow prevention assembly tested by a department of health certified backflow assembly tester:
(1) At the time of installation, repair, or relocation, if required by the local official, board, department, or agency authorized to administer and enforce the provisions of the uniform plumbing code as adopted under this chapter; or
(2) When such official, board, department, or agency finds that cross-connection control within the property lines of the premises may fail to prevent pollution or contamination of the domestic water supply."
On page 1, line 2 of the title, after "assemblies;" strike the remainder of the title and insert "amending RCW 18.106.010 and 18.106.040; adding a new section to chapter 18.106 RCW; and adding a new section to chapter 19.27 RCW."
There being no objection, the House concurred in the Senate amendment to Engrossed Substitute House Bill No. 2172.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 2172 as amended by the Senate.
Representative Conway spoke in favor of the passage of the bill.
There being no objection, Representatives Hurst, Poulsen, Sehlin, and Speaker Chopp were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2172 as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.
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, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, 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 - 94.
Excused: Representatives Hurst, Poulsen, Sehlin, and Speaker Chopp - 4.
Engrossed Substitute House Bill No. 2172 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 2001
Mr. Speakers:
The Senate receded from the amendment by Committee on Natural Resources, Parks and Shorelines to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1286. Under suspension of the rules ENGROSSED SUBSTITUTE HOUSE BILL NO. 1286 was returned to second reading for purpose of amendment. The Senate adopted amendment 1286-S AAS 04/18/01 S-2702.1 and passed the bill as amended by the Senate.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.95.210 and 2000 c 107 s 11 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington after the salmon harvest on surplus salmon has been first maximized by both commercial and recreational fishers.
(2) The department shall not destroy hatchery origin salmon for the purposes of destroying viable eggs that would otherwise be useful for propagation or salmon recovery purposes, as determined by the department and Indian tribes with treaty fishing rights in a collaborative manner, for replenishing fish runs. Eggs deemed surplus by the state must be provided, in the following order of priority, to:
(a) Voluntary cooperative salmon culture programs under the supervision of the department under chapter 77.100 RCW;
(b) Regional fisheries enhancement group salmon culture programs under the supervision of the department under this chapter;
(c) Salmon culture programs requested by lead entities and approved by the salmon funding recovery board under chapter 77.85 RCW;
(d) Hatcheries of federally approved tribes in Washington to whom eggs are moved, not sold, under the interlocal cooperation act, chapter 39.34 RCW; and
(e) Governmental hatcheries in Washington, Oregon, and Idaho.
The order of priority established in this subsection for distributing surplus eggs does not apply when there is a shortfall in the supply of eggs.
(3) All sales, provisions, distributions, or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.
Sec. 2. RCW 77.95.270 and 1989 c 336 s 6 are each amended to read as follows:
Except as provided in RCW 77.95.210, the department may make available to private contractors salmon eggs in excess of department hatchery needs for the purpose of contract rearing to release the smolts into public waters. However, providing salmon eggs as specified in RCW 77.95.210(2) has the highest priority. The priority of providing eggs surplus after meeting the requirements of RCW 77.95.210(2) to contract rearing ((shall be)) is a higher priority than providing eggs to aquaculture purposes ((which)) that are not destined for release into Washington public waters.
Sec. 3. RCW 77.100.050 and 1987 c 505 s 73 are each amended to read as follows:
(1) The department shall:
(a) Encourage and support the establishment of cooperative agreements for the development and operation of cooperative food fish, shellfish, game fish, game bird, game animal, and nongame wildlife projects, and projects which provide an opportunity for volunteer groups to become involved in resource and habitat-oriented activities. All cooperative projects shall be fairly considered in the approval of cooperative agreements;
(b) Identify regions and species or activities that would be particularly suitable for cooperative projects providing benefits compatible with department goals;
(c) Determine the availability of rearing space at operating facilities or of net pens, egg boxes, portable rearing containers, incubators, and any other rearing facilities for use in cooperative projects, and allocate them to volunteer groups as fairly as possible;
(d) Make viable eggs available for replenishing fish runs, and salmon carcasses for nutrient enhancement of streams. If a regional fisheries enhancement group, lead entity, volunteer cooperative group, federally approved tribe in Washington, or a governmental hatchery in Washington, Oregon, or Idaho requests the department for viable eggs, the department must include the request within the brood stock document prepared for review by the regional offices. The eggs shall be distributed in accordance with the priority established in RCW 77.95.210 if they are available. A request for viable eggs may only be denied if the eggs would not be useful for propagation or salmon recovery purposes, as determined under RCW 77.95.210.
(e) Exempt volunteer groups from payment of fees to the department for activities related to the project;
(((e))) (f) Publicize the cooperative program;
(((f))) (g) Not substitute a new cooperative project for any part of the department's program unless mutually agreeable to the department and volunteer group;
(((g))) (h) Not approve agreements that are incompatible with legally existing land, water, or property rights.
(2) The department may, when requested, provide to volunteer groups its available professional expertise and assist the volunteer group to evaluate its project. The department must conduct annual workshops in each administrative region of the department that has fish stocks listed as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., in order to assist volunteer groups with egg rearing, share information on successful salmon recovery projects accomplished by volunteers within the state, and provide basic training on monitoring efforts that can be accomplished by volunteers in order to help determine if their efforts are successful.
Sec. 4. RCW 77.100.060 and 2000 c 107 s 112 are each amended to read as follows:
The commission shall establish by rule:
(1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by RCW 77.12.457. The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.
(2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.
(3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects. The rules must identify and implement appropriate protocols for brood stock handling, including the outplanting of adult fish, spawning, incubation, rearing, and release and establish a prioritized schedule for implementation of this act, and shall include directives for allowing more hatchery salmon to spawn naturally in areas where progeny of hatchery fish have spawned, including the outplanting of adult fish, in order to increase the number of viable salmon eggs and restore healthy numbers of fish within the state.
(4) The procedure for the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.
(5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.
NEW SECTION. Sec. 5. A new section is added to chapter 77.04 RCW to read as follows:
(1) The department shall prepare an annual surplus salmon report. This report shall include the disposition of adult salmonids that have returned to salmonid hatchery facilities operated under the jurisdiction of the state that:
(a) Have not been harvested; and
(b) Were not allowed to escape for natural spawning.
(2) The report shall include by species, the number and estimated weight of surplus salmon and steelhead and a description of the disposition of the adult carcasses including, but not limited to, the following categories:
(a) Disposed in landfills;
(b) Transferred to another government agency for reproductive purposes;
(c) Sold to contract buyers in the round;
(d) Sold to contract buyers after spawning;
(e) Transferred to Native American tribes;
(f) Donated to food banks; and
(g) Used in stream nutrient enrichment programs.
(3) The report shall also include by species, information on the number of requests for viable salmon eggs, the number of these requests that were granted and the number that were denied, the geographic areas for which these requests were granted or denied, and a brief explanation given for each denial of a request for viable salmon eggs.
(4) The report shall be included in the biennial state of the salmon report required by RCW 77.85.020 and other similar state reports on salmon.
(5) The report shall include an assessment of the infrastructure needs and facility modifications necessary to implement this act.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "eggs;" strike the remainder of the title and insert "amending RCW 77.95.210, 77.95.270, 77.100.050, and 77.100.060; adding a new section to chapter 77.04 RCW; and declaring an emergency."
There being no objection, the House concurred in the Senate amendment to Engrossed Substitute House Bill No. 1286.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1286 as amended by the Senate.
Representatives Lisk and Doumit spoke in favor of the passage of the bill.
There being no objection, Representative Linville was excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1286 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, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, 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 Ballard - 93.
Excused: Representatives Hurst, Linville, Poulsen, Sehlin, and Speaker Chopp - 5.
Engrossed Substitute House Bill No. 1286 as amended by the Senate having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 2001
Mr. Speakers:
The Senate receded from the amendment by Committee on Human Services and Corrections to SUBSTITUTE HOUSE BILL NO. 1650. Under suspension of the rules SUBSTITUTE HOUSE BILL NO. 1650 was returned to second reading for purposes of amendment. The Senate adopted amendment 1650-S AAS 04/18/01 S-2647.3, and passed the bill as amended by the Senate.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.24.015 and 1999 c 214 s 7 are each amended to read as follows:
It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs which provide for:
(1) Access to mental health services for adults of the state who are acutely mentally ill, chronically mentally ill, or seriously disturbed and children of the state who are acutely mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental health services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of mentally ill children and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children;
(2) Accountability of efficient and effective services through state of the art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness;
(3) Minimum service delivery standards;
(4) Priorities for the use of available resources for the care of the mentally ill consistent with the priorities defined in the statute;
(5) Coordination of services within the department, including those divisions within the department that provide services to children, between the department and the office of the superintendent of public instruction, and among state mental hospitals, county authorities, community mental health services, and other support services, which shall to the maximum extent feasible also include the families of the mentally ill, and other service providers; and
(6) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.
It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders. The legislature intends to encourage the development of county-based and county-managed mental health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. To this end, counties are encouraged to enter into joint operating agreements with other counties to form regional systems of care which integrate planning, administration, and service delivery duties assigned to counties under chapters 71.05 and 71.24 RCW to consolidate administration, reduce administrative layering, and reduce administrative costs.
It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end the legislature intends to promote active engagement with mentally ill persons and collaboration between families and service providers.
NEW SECTION. Sec. 2. A new section is added to chapter 71.24 RCW to read as follows:
The department shall operate the community mental health service delivery system authorized under this chapter within the following constraints:
(1) The full amount of federal funds for mental health services, plus qualifying state expenditures as appropriated in the biennial operating budget, shall be appropriated to the department each year in the biennial appropriations act to carry out the provisions of the community mental health service delivery system authorized in this chapter.
(2) The department may expend funds defined in subsection (1) of this section in any manner that will effectively accomplish the outcome measures defined in section 5 of this act.
(3) The department shall implement strategies that accomplish the outcome measures identified in section 5 of this act that are within the funding constraints in this section.
(4) The department shall monitor expenditures against the appropriation levels provided for in subsection (1) of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 71.24 RCW to read as follows:
(1) The department shall ensure the coordination of allied services for mental health clients. The department shall implement strategies for resolving organizational, regulatory, and funding issues at all levels of the system, including the state, the regional support networks, and local service providers.
(2) The department shall propose, in operating budget requests, transfers of funding among programs to support collaborative service delivery to persons who require services from multiple department programs. The department shall report annually to the appropriate committees of the senate and house of representatives on actions and projects it has taken to promote collaborative service delivery.
NEW SECTION. Sec. 4. A new section is added to chapter 71.24 RCW to read as follows:
It is the intent of the legislature that the community mental health service delivery system focus on maintaining mentally ill individuals in the community. The program shall be evaluated and managed through a limited number of performance measures designed to hold each regional support network accountable for program success.
NEW SECTION. Sec. 5. A new section is added to chapter 71.24 RCW to read as follows:
(1) The department, in collaboration with a work group appointed by the secretary and made up of consumers, advocates, service providers, and representatives of regional support networks, shall develop performance measures for use in evaluating and managing the community mental health service delivery system authorized under this chapter. The performance measures shall be consistent with the provisions of RCW 71.24.405(3) which may include but are not limited to:
(a) Access to services;
(b) Quality and appropriateness of care;
(c) Outcome measures; including, but not limited to:
(i) Consumer change over time;
(ii) Consumer perception of hope for the future;
(iii) Percent of consumers who have safe and stable housing;
(iv) Percent of adults employed for one or more days in the last thirty days;
(v) Percent of consumers without a jail or detention stay;
(vi) Percent of available school days attended in the past thirty days;
(vii) Percent of consumers without a psychiatric hospitalization; and
(d) Structure and plan management.
(2) The department shall require that service providers and regional support networks collect uniform performance measure information and report it to the department regularly. The department shall develop benchmarks that compare performance measure information from all regional support networks and providers to provide a clear indication of the most effective regional support networks and providers. Benchmark information shall be published quarterly and provided to the legislature, the governor, regional support networks, and all providers of mental health services.
NEW SECTION. Sec. 6. A new section is added to chapter 71.24 RCW to read as follows:
Every regional support network and mental health services provider shall be evaluated using the criteria in section 5 of this act.
NEW SECTION. Sec. 7. A new section is added to chapter 71.24 RCW to read as follows:
The department shall provide a report to the appropriate committees of the legislature on the development, implementation, and achievement of the performance measures by regional support networks and service providers on an annual basis, no later than June 30th of each year, beginning in 2002. The report shall include how the department is using the outcome measure information obtained under section 5 of this act to manage the community mental health service delivery system.
Sec. 8. RCW 71.24.025 and 1999 c 10 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.
(2) "Available resources" means funds appropriated for the purpose of providing community mental health programs under RCW 71.24.045, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW 71.24.300(1)(((d))) (e).
(3) "Child" means a person under the age of eighteen years.
(4) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.
(5) "Community mental health program" means all mental health services, activities, or programs using available resources.
(6) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from public sources.
(7) "Community support services" means services authorized, planned, and coordinated through resource management services including, at ((least)) a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, and other services determined by regional support networks((, and maintenance of a patient tracking system for chronically mentally ill adults and severely emotionally disturbed children)).
(8) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(9) "Department" means the department of social and health services.
(10) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW or an entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department, that meets state minimum standards or individuals licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.
(11) "Mental health services" means all services provided by regional support networks and other services provided by the state for the mentally ill.
(12) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (17), and (18) of this section.
(13) "Regional support network" means a county authority or group of county authorities recognized by the secretary that enter into joint operating agreements to contract with the secretary pursuant to this chapter.
(14) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for acutely mentally ill persons, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service mentally ill persons in nursing homes. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.
(15) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Acutely mentally ill adults and children; (b) chronically mentally ill adults; (c) severely emotionally disturbed children; or (d) seriously disturbed adults determined solely by a regional support network to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in services and their individual service plan to county-designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.
(16) "Secretary" means the secretary of social and health services.
(17) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(18) "Severely emotionally disturbed child" means a child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(19) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.
(20) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.
Sec. 9. RCW 71.24.030 and 1999 c 10 s 3 are each amended to read as follows:
The secretary is authorized to make grants to and/or purchase services from counties or combinations of counties in the establishment and operation of community mental health programs.
Sec. 10. RCW 71.24.035 and 1999 c 10 s 4 are each amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary ((may)) shall provide for public, client, and licensed service provider participation in developing the state mental health program, developing contracts with regional support networks, and any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be designated as the county authority if a county fails to meet state minimum standards or refuses to exercise responsibilities under RCW 71.24.045.
(5) The secretary shall:
(a) Develop a biennial state mental health program that incorporates county biennial needs assessments and county mental health service plans and state services for mentally ill adults and children. The secretary may also develop a six-year state mental health plan;
(b) Assure that any regional or county community mental health program provides access to treatment for the county's residents in the following order of priority: (i) The acutely mentally ill; (ii) chronically mentally ill adults and severely emotionally disturbed children; and (iii) the seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for mentally ill persons which includes training in basic living and social skills, supported work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a child, day treatment includes age-appropriate basic living and social skills, educational and prevocational services, day activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported employment, transitional work, placement in competitive employment, and other work-related services, that result in mentally ill persons becoming engaged in meaningful and gainful full or part-time work. Other sources of funding such as the division of vocational rehabilitation may be utilized by the secretary to maximize federal funding and provide for integration of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department;
(ii) Regional support networks; and
(iii) ((Residential and)) Inpatient services, evaluation and treatment services and facilities under chapter 71.05 RCW, resource management services, and community support services;
(d) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this section;
(e) Establish a standard contract or contracts, consistent with state minimum standards, which shall be used ((by the)) in contracting with regional support networks or counties. The standard contract shall include a maximum fund balance, which shall not exceed ten percent;
(f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of county authorities and licensed service providers. The audit procedure shall focus on the outcomes of service and not the processes for accomplishing them;
(g) Develop and maintain an information system to be used by the state, counties, and regional support networks that includes a tracking method which allows the department and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and in RCW 71.05.390, 71.05.400, 71.05.410, 71.05.420, 71.05.430, and 71.05.440. The design of the system and the data elements to be collected shall be reviewed by the work group appointed by the secretary under section 5(1) of this act and representing the department, regional support networks, service providers, consumers, and advocates. The data elements shall be designed to provide information that is needed to measure performance and achieve the service outcomes identified in section 5 of this act;
(h) License service providers who meet state minimum standards;
(i) Certify regional support networks that meet state minimum standards;
(j) Periodically ((inspect)) monitor the compliance of certified regional support networks and their network of licensed service providers for compliance with the contract between the department, the regional support network, and federal and state rules at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(l) Monitor and audit counties, regional support networks, and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter; and
(m) Adopt such rules as are necessary to implement the department's responsibilities under this chapter.
(6) The secretary shall use available resources only for regional support networks.
(7) Each certified regional support network and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified regional support network or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain any regional support network or service provider from operating without certification or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.
(10) Upon petition by the secretary, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any regional support network or service provider refusing to consent to inspection or examination by the authority.
(11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a regional support network or service provider without certification or a license under this chapter.
(12) The standards for certification of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13)(a) The department, in consultation with affected parties, shall establish a distribution formula that reflects county needs assessments based on the number of persons who are acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed. The formula shall take into consideration the impact on counties of demographic factors in counties which result in concentrations of priority populations as set forth in subsection (5)(b) of this section. These factors shall include the population concentrations resulting from commitments under chapters 71.05 and 71.34 RCW to state psychiatric hospitals, as well as concentration in urban areas, at border crossings at state boundaries, and other significant demographic and workload factors.
(b) The formula shall also include a projection of the funding allocations that will result for each county, which specifies allocations according to priority populations, including the allocation for services to children and other underserved populations.
(14) The secretary shall assume all duties assigned to the nonparticipating counties under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those which would have been assigned to the nonparticipating counties under regional support networks.
The regional support networks, or the secretary's assumption of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.
(15) The secretary shall:
(a) Disburse funds for the regional support networks within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts with regional support networks. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.
(c) Allocate one hundred percent of available resources to the regional support networks in accordance with subsection (13) of this section.
(d) Notify regional support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
(e) Deny funding allocations to regional support networks based solely upon formal findings of noncompliance with the terms of the regional support network's contract with the department. Written notice and at least thirty days for corrective action must precede any such action. In such cases, regional support networks shall have full rights to appeal under chapter 34.05 RCW.
(((f) Identify in its departmental biennial operating and capital budget requests the funds requested by regional support networks to implement their responsibilities under this chapter.))
(16) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by free-standing evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the ((health care and corrections)) appropriate committees of the senate and the ((human services committee of the)) house of representatives.
(((17) The secretary shall establish a task force to examine the recruitment, training, and compensation of qualified mental health professionals in the community, which shall include the advantages and disadvantages of establishing a training academy, loan forgiveness program, or educational stipends offered in exchange for commitments of employment in mental health.))
Sec. 11. RCW 71.24.037 and 1999 c 10 s 5 are each amended to read as follows:
(1) The secretary shall by rule establish state minimum standards for licensed service providers and services.
(2) Minimum standards for licensed service providers shall, at a minimum, establish: Qualifications for staff providing services directly to mentally ill persons, the intended result of each service, and the rights and responsibilities of persons receiving mental health services pursuant to this chapter. The secretary shall provide for deeming of licensed service providers as meeting state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department.
(3) ((Minimum standards for residential services shall be based on clients' functional abilities and not solely on their diagnoses, limited to health and safety, staff qualifications, and program outcomes. Minimum standards for residential services shall be developed in collaboration with consumers, families, counties, regulators, and residential providers serving the mentally ill. The minimum standards shall encourage the development of broad-range residential programs, including integrated housing and cross-systems programs where appropriate, and shall not unnecessarily restrict programming flexibility.
(4))) Minimum standards for community support services and resource management services shall include at least qualifications for resource management services, client tracking systems, and the transfer of patient information between service providers.
Sec. 12. RCW 71.24.045 and 1992 c 230 s 5 are each amended to read as follows:
The county authority shall:
(1) Contract as needed with licensed service providers. The county authority may, in the absence of a licensed service provider entity, become a licensed service provider entity pursuant to minimum standards required for licensing by the department for the purpose of providing services not available from licensed service providers;
(2) Operate as a licensed service provider if it deems that doing so is more efficient and cost effective than contracting for services. When doing so, the county authority shall comply with rules promulgated by the secretary that shall provide measurements to determine when a county provided service is more efficient and cost effective;
(3) Monitor and perform biennial fiscal audits of licensed service providers who have contracted with the county to provide services required by this chapter. The monitoring and audits shall be performed by means of a formal process which insures that the licensed service providers and professionals designated in this subsection meet the terms of their contracts((, including the minimum standards of service delivery as established by the department));
(4) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this chapter;
(5) Maintain patient tracking information in a central location as required for resource management services and the department's information system;
(6) Use not more than two percent of state-appropriated community mental health funds, which shall not include federal funds, to administer community mental health programs under RCW 71.24.155: PROVIDED, That county authorities serving a county or combination of counties whose population is one hundred twenty-five thousand or more may be entitled to sufficient state-appropriated community mental health funds to employ up to one full-time employee or the equivalent thereof in addition to the two percent limit established in this subsection when such employee is providing staff services to a county mental health advisory board;
(7) Coordinate services for individuals who have received services through the community mental health system and who become patients at a state mental hospital.
Sec. 13. RCW 71.24.049 and 1999 c 10 s 6 are each amended to read as follows:
by January 1st of each odd-numbered year, the ((county authority)) regional support network shall identify: (1) The number of children in each priority group, as defined by this chapter, who are receiving mental health services funded in part or in whole under this chapter, (2) the amount of funds under this chapter used for children's mental health services, (3) an estimate of the number of unserved children in each priority group, and (4) the estimated cost of serving these additional children and their families.
Sec. 14. RCW 71.24.155 and 1987 c 505 s 65 are each amended to read as follows:
Grants shall be made by the department to ((counties)) regional support networks for community mental health programs totaling not less than ninety-five percent of available resources. The department may use up to forty percent of the remaining five percent to provide community demonstration projects, including early intervention or primary prevention programs for children, and the remainder shall be for emergency needs and technical assistance under this chapter.
Sec. 15. RCW 71.24.160 and 1989 c 205 s 7 are each amended to read as follows:
The ((county authority)) regional support networks shall make satisfactory showing to the secretary that state funds shall in no case be used to replace local funds from any source being used to finance mental health services prior to January 1, 1990.
Sec. 16. RCW 71.24.250 and 1982 c 204 s 14 are each amended to read as follows:
The ((county authority)) regional support network may accept and expend gifts and grants received from private, county, state, and federal sources.
Sec. 17. RCW 71.24.300 and 1999 c 214 s 8 and 1999 c 10 s 9 are each reenacted and amended to read as follows:
A county authority or a group of county authorities whose combined population is no less than forty thousand may enter into a joint operating agreement to form a regional support network. Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network. The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served. The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary.
(1) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) Assume the powers and duties of county authorities within its area as described in RCW 71.24.045 (1) through (7).
(c) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(((c))) (d) Provide within the boundaries of each regional support network evaluation and treatment services for at least eighty-five percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks with populations of less than one hundred fifty thousand may contract to purchase evaluation and treatment services from other networks. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to contracts with neighboring or contiguous regions.
(((d))) (e) Administer a portion of funds appropriated by the legislature to house mentally ill persons in state institutions from counties within the boundaries of any regional support network, with the exception of persons currently confined at, or under the supervision of, a state mental hospital pursuant to chapter 10.77 RCW, and provide for the care of all persons needing evaluation and treatment services for periods up to seventeen days according to chapter 71.05 RCW in appropriate residential services, which may include state institutions. The regional support networks shall reimburse the state for use of state institutions at a rate equal to that assumed by the legislature when appropriating funds for such care at state institutions during the biennium when reimbursement occurs. The secretary shall submit a report to the appropriate committees of the senate and house of representatives on the efforts to implement this section by October 1, 2002. The duty of a state hospital to accept persons for evaluation and treatment under chapter 71.05 RCW is limited by the responsibilities assigned to regional support networks under this section.
(((e))) (f) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children as provided in this chapter designed to achieve the outcomes specified in section 5 of this act.
(((f))) (g) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(2) Regional support networks shall assume all duties assigned to county authorities by this chapter and chapter 71.05 RCW.
(3) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the mentally ill and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
(4) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter. The composition of the board shall be broadly representative of the demographic character of the region and the mentally ill persons served therein. Length of terms of board members shall be determined by the regional support network.
(5) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary. ((Such contracts may include agreements to provide periods of stable community living and work or other day activities for specific chronically mentally ill persons who have completed commitments at state hospitals on ninety-day or one hundred eighty-day civil commitments or who have been residents at state hospitals for no less than one hundred eighty days within the previous year. Periods of stable community living may involve acute care in local evaluation and treatment facilities but may not involve use of state hospitals.))
(6) Counties or groups of counties participating in a regional support network are not subject to RCW 71.24.045(6).
(7) ((As part of each biennial plan, each regional support network shall establish and submit to the state, procedures and agreements to assure access to sufficient additional local evaluation and treatment facilities to meet the requirements of this chapter while reducing short-term admissions to state hospitals. These shall be commitments to construct and operate, or contract for the operation of, freestanding evaluation and treatment facilities or agreements with local evaluation and treatment facilities which shall include (a) required admission and treatment for short-term inpatient care for any person enrolled in community support or residential services, (b) discharge planning procedures, (c) limitations on admissions or transfers to state hospitals, (d) adequate psychiatric supervision, (e) prospective payment methods, and (f) contractual assurances regarding referrals to local evaluation and treatment facilities from regional support networks.
(8))) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (1) of this section.
Sec. 18. RCW 71.24.400 and 1999 c 10 s 10 are each amended to read as follows:
The legislature finds that the current complex set of federal, state, and local rules and regulations, audited and administered at multiple levels, which affect the community mental health service delivery system, focus primarily on the process of providing mental health services and do not sufficiently address consumer and system outcomes. The legislature finds that the department and the community mental health service delivery system must make ongoing efforts to achieve the purposes set forth in RCW 71.24.015 related to reduced administrative layering, duplication, elimination of process measures not specifically required by the federal government for the receipt of federal funds, and reduced administrative costs.
Sec. 19. RCW 71.24.405 and 1999 c 10 s 11 are each amended to read as follows:
The department shall establish a ((single)) comprehensive and collaborative ((project)) effort within regional support networks and with local mental health service providers aimed at creating innovative and streamlined community mental health service delivery systems, in order to carry out the purposes set forth in RCW 71.24.400 and to capture the diversity of the community mental health service delivery system.
The ((project)) department must accomplish the following:
(1) Identification, review, and cataloging of all rules, regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system and, if possible, eliminate the requirements;
(2) The systematic and incremental development of a single system of accountability for all federal, state, and local funds provided to the community mental health service delivery system. Systematic efforts should be made to include federal and local funds into the single system of accountability;
(3) The elimination of process regulations and related contract and reporting requirements. In place of the regulations and requirements, a set of outcomes for mental health adult and children clients according to chapter 71.24 RCW must be used to measure the performance of mental health service providers and regional support networks. Such outcomes shall focus on stabilizing out-of-home and hospital care, increasing stable community living, increasing age-appropriate activities, achieving family and consumer satisfaction with services, and system efficiencies;
(4) Evaluation of the feasibility of contractual agreements between the department of social and health services and regional support networks and mental health service providers that link financial incentives to the success or failure of mental health service providers and regional support networks to meet outcomes established for mental health service clients;
(5) The involvement of mental health consumers and their representatives ((in the pilot projects)). Mental health consumers and their representatives will be involved in the development of outcome standards for mental health clients ((and other related aspects of the pilot projects)) under section 5 of this act; and
(6) An independent evaluation component to measure the success of the ((projects)) department in fully implementing the provisions of RCW 71.24.400 and this section.
NEW SECTION. Sec. 20. The legislature finds that an excessive amount of public funds are spent on administrative activities in the community mental health system. The department of social and health services shall develop a plan to reduce administrative expenses in the community mental health system, including the mental health division, to no more than ten percent of available funds. The plan shall identify and prioritize core administrative functions that must be continued to comply with federal or state statutes. The department shall submit their plan to the appropriate committees of the senate and house of representatives no later than December 15, 2001. The plan shall assume an implementation date of July 1, 2003."
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 71.24.015, 71.24.025, 71.24.030, 71.24.035, 71.24.037, 71.24.045, 71.24.049, 71.24.155, 71.24.160, 71.24.250, 71.24.400, and 71.24.405; reenacting and amending RCW 71.24.300; adding new sections to chapter 71.24 RCW; and creating a new section."
There being no objection, the House concurred in the Senate amendment to Substitute House Bill No. 1650.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1650 as amended by the Senate.
Representatives Cody and Alexander 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. 1650 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, Darneille, DeBolt, Delvin, Dickerson, 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, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Simpson, Skinner, Sommers, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 93.
Excused: Representatives Crouse, Doumit, Poulsen, Sehlin, and Sump - 5.
Substitute House Bill No. 1650 as amended by the Senate having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 17, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to SENATE BILL NO. 5275 and asks the House to recede therefrom, and the same is herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House refused to recede from its amendments. The rules were suspended and Senate Bill No. 5275 was returned to second reading for purposes of amendment.
SECOND READING
Representative McMorris moved the adoption of the following amendment (205):
On page 4, line 37, strike "under what circumstances the auditor may"
Representative McMorris spoke in favor of adoption of the amendment.
The amendment was adopted.
Representative McMorris moved the adoption of the following amendment (206):
On page 10, line 11, strike "basis" and insert "district"
Representative McMorris 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.
Representative Romero spoke in favor of passage of the bill.
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Senate Bill No. 5275 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 5275 as amended by the House and the bill passed the House by the following vote: Yeas - 94, Nays - 2, Absent - 0, Excused - 2.
Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Ballasiotes, Barlean, Benson, Berkey, Boldt, Buck, Cairnes, Campbell, Carrell, Casada, B. Chandler, G. Chandler, Clements, Cody, Conway, Cooper, Cox, Crouse, Darneille, DeBolt, Delvin, Dickerson, 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, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 94.
Voting nay: Representatives Bush and Dunn - 2.
Excused: Representatives Doumit and Sump - 2.
Senate Bill No. 5275 as amended by the House, having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 17, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5988 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. 5988 was returned to second reading for purposes of amendment.
SECOND READING
There being no objection, amendment (197) was withdrawn.
Representative Anderson moved the adoption of the following amendment (203):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.33A.100 and 1993 c 281 s 50 are each amended to read as follows:
The state investment board shall maintain appropriate offices and employ such personnel as may be necessary to perform its duties. Employment by the investment board shall include but not be limited to an executive director, investment officers, and a confidential secretary, which positions are exempt from classified service under chapter 41.06 RCW. Employment of the executive director by the board shall be for a term of three years, and such employment shall be subject to confirmation of the state finance committee: PROVIDED, That nothing shall prevent the board from dismissing the director for cause before the expiration of the term nor shall anything prohibit the board, with the confirmation of the state finance committee, from employing the same individual as director in succeeding terms. Compensation levels for the executive director, a confidential secretary, and all investment officers, including the deputy director for investment management, employed by the investment board shall be established by the ((Washington personnel resources)) state investment board. The investment board is authorized to maintain a retention pool, from the earnings of the funds managed by the board, in order to address recruitment and retention problems. The compensation levels for investment officers shall be limited to the average of state funds of similar size, based upon a biennial survey conducted by the investment board, with review and comment by the joint legislative audit and review committee. However, in any fiscal year the salary increases granted by the investment board from the retention pool to investment officers pursuant to this section may not exceed an average of five percent.
The investment board shall provide notice to the director of the department of personnel, the director of financial management, and the chairs of the house of representatives and senate fiscal committees of proposed changes to the compensation levels for the positions. The notice shall be provided not less than sixty days prior to the effective date of the proposed changes.
As of July 1, 1981, all employees classified under chapter 41.06 RCW and engaged in duties assumed by the state investment board on July 1, 1981, are assigned to the state investment board. The transfer shall not diminish any rights granted these employees under chapter 41.06 RCW nor exempt the employees from any action which may occur thereafter in accordance with chapter 41.06 RCW.
All existing contracts and obligations pertaining to the functions transferred to the state investment board in this 1980 act shall remain in full force and effect, and shall be performed by the board. None of the transfers directed by this 1980 act shall affect the validity of any act performed by a state entity or by any official or employee thereof prior to July 1, 1981.
Sec. 2. RCW 43.03.028 and 1995 c 67 s 1 are each amended to read as follows:
(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; ((the state finance committee;)) the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian Pacific American affairs; the state board for volunteer fire fighters and reserve officers; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060."
Correct the title.
Representatives Anderson and Sommers 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 Anderson and Sommers spoke in favor of passage of the bill.
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5988 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 5988 as amended by the House and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.
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, Hurst, Jackley, Jarrett, Kagi, Keiser, Kenney, Kessler, Kirby, Lambert, Lantz, Linville, Lisk, Lovick, Marine, Mastin, McDermott, McIntire, McMorris, Mielke, Miloscia, Mitchell, Morell, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 96.
Voting nay: Representatives Hunt and Romero - 2.
Substitute Senate Bill No. 5988 as amended by the House, having received the necessary constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
April 18, 2001
Mr. Speakers:
The Senate receded from its amendment on page 2, line 30 to SUBSTITUTE HOUSE BILL NO. 1094, and passed the measure with an amendment on page 2, line 10 (S-2539.1).
On page 2, line 10, after "sanctions" insert ", which must be reported to the federal data bank"
and the same is herewith transmitted. Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment to Substitute House Bill No. 1094.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY THE SENATE
The Speaker (Representative Ogden presiding) stated the question before the House to be the final passage of Substitute House Bill No. 1094 as amended by the Senate.
Representatives Campbell and 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. 1094 as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
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, Morris, Mulliken, Murray, O'Brien, Ogden, Pearson, Pennington, Pflug, Poulsen, Quall, Reardon, Roach, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Sehlin, Simpson, Skinner, Sommers, Sump, Talcott, Tokuda, Van Luven, Veloria, Wood, Woods, Speaker Ballard, and Speaker Chopp - 98.
Substitute House Bill No. 1094 as amended by the Senate having received the necessary constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
April 18, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to SUBSTITUTE SENATE BILL NO. 5187 and asks the House to recede therefrom.
Tony M. Cook, Secretary
There being no objection, the House refused to recede, insisted on its position regarding House amendment to Substitute Senate Bill No. 5187 and asked the Senate to concur therein.
MESSAGE FROM THE SENATE
April 18, 2001
Mr. Speakers:
The Senate refuses to concur in the House amendment to SENATE BILL NO. 5430 and asks the House to recede therefrom.
Tony M. Cook, Secretary
There being no objection, the House refused to recede, insisted on its position regarding House amendment to Senate Bill No. 5430 and asked the Senate to concur therein.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Kessler, the House adjourned until 10:00 a.m., April 20, 2001, the 103rd Legislative Day.
CLYDE BALLARD, Speaker FRANK CHOPP, Speaker
TIMOTHY A. MARTIN, Chief Clerk CYNTHIA ZEHNDER, Chief Clerk