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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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FIFTY FOURTH DAY

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House Chamber, Olympia, Friday, March 7, 2003


             The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.


             The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Irene Pagpaguitan and Jack Waterman. Prayer was offered by Iman Mohammed Joban, Islamic Center of Olympia and Alnour Mosque of Olympia.


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


MESSAGES FROM THE SENATE

March 6, 2003

Mr. Speaker:


             The Senate has passed:

SUBSTITUTE HOUSE BILL NO. 1832,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5079,

SENATE BILL NO. 5090,

SENATE BILL NO. 5123,

SENATE BILL NO. 5146,

SENATE BILL NO. 5147,

SENATE BILL NO. 5172,

SUBSTITUTE SENATE BILL NO. 5179,

SUBSTITUTE SENATE BILL NO. 5240,

SENATE BILL NO. 5308,

SUBSTITUTE SENATE BILL NO. 5358,

SENATE BILL NO. 5367,

SUBSTITUTE SENATE BILL NO. 5409,

SENATE BILL NO. 5475,

SUBSTITUTE SENATE BILL NO. 5714,

SENATE BILL NO. 5720,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5766,

SUBSTITUTE SENATE BILL NO. 5800,

and the same are herewith transmitted.

Milt H. Doumit, Secretary


             The Speaker assumed the chair.


INTRODUCTION & FIRST READING

 

HB 2213           by Representatives Gombosky and Grant


             AN ACT Relating to multiple daily drawing on-line games; and adding new sections to chapter 67.70 RCW.


             Referred to Committee on Commerce & Labor.

 

HB 2214           by Representatives Rockefeller, Clibborn, Wood, Wallace, Sullivan and Cooper


             AN ACT Relating to the transportation permit efficiency and accountability committee; amending RCW 47.06C.901; and declaring an emergency.


             Referred to Committee on Transportation.

 

ESSB 5079       by Senate Committee on Education (originally sponsored by Senators Finkbeiner, Kohl-Welles, Oke, Winsley, Zarelli, Benton, Swecker, Esser, Hale, Johnson, Hewitt, McAuliffe, Rasmussen and Parlette)


             AN ACT Relating to natural science, wildlife, and environmental education; adding new sections to chapter 28A.300 RCW; and creating a new section.


             Referred to Committee on Education.

 

SB 5090            by Senators Carlson, Fraser, Spanel and Rasmussen; by request of Joint Committee on Pension Policy


             AN ACT Relating to determining which fire fighters or law enforcement officers may elect or be elected to certain pension and disability boards; and amending RCW 41.16.010, 41.16.020, and 41.26.110.


             Referred to Committee on Appropriations.

 

SB 5123            by Senators Johnson, Kline and Esser


             AN ACT Relating to the Washington business corporation act; amending RCW 23B.07.260, 23B.10.020, 23B.10.030, 23B.10.040, 23B.11.030, 23B.12.020, 23B.13.020, and 23B.14.020; adding a new section to chapter 23B.01 RCW; and adding a new section to chapter 23B.11 RCW.


             Referred to Committee on Judiciary.

 

SB 5146            by Senators Winsley and Prentice; by request of Insurance Commissioner


             AN ACT Relating to making clarifying, nonsubstantive amendments to and correcting outdated references in the insurance code; and amending RCW 48.01.050, 48.01.235, 48.14.029, 48.18.103, 48.18.291, 48.18A.050, 48.19.043, 48.20.025, 48.21.180, 48.22.110, 48.31.111, 48.31.184, 48.31.185, 48.43.115, 48.44.024, 48.46.068, 48.46.170, 48.46.225, 48.46.350, 48.62.111, 48.90.010, 48.90.020, 48.90.030, 48.90.140, and 48.99.040.


             Referred to Committee on Financial Institutions & Insurance.

 

SB 5147            by Senators Winsley and Prentice; by request of Insurance Commissioner


             AN ACT Relating to regulating automobile insurance; and amending RCW 48.22.005, 48.22.085, 48.22.090, 48.22.095, and 48.22.100.


Referred to Committee on Financial Institutions & Insurance.

 

SB 5172            by Senators Esser, Kline, Johnson and Roach; by request of Office of the Code Reviser


             AN ACT Relating to making technical corrections to the Revised Code of Washington under the authority of RCW 1.08.025; and amending RCW 3.66.060, 4.24.210, 7.84.020, 7.84.040, 9.41.098, 10.105.900, 15.85.020, 15.85.060, 16.36.005, 17.26.020, 19.27.490, 19.158.020, 34.05.328, 35.21.404, 35.63.230, 35A.21.290, 35A.63.250, 35A.69.010, 36.70.982, 36.70.992, 36.70A.460, 43.21B.005, 43.21C.0382, 43.21C.260, 43.21K.010, 43.52.440, 43.101.010, 69.04.930, 69.04.934, 70.105D.090, 72.63.040, 76.09.030, 76.09.063, 76.09.350, 76.09.910, 76.13.100, 76.42.060, 77.15.310, 78.44.050, 79.76.060, 79.90.150, 79.94.390, 79.96.080, 79A.25.240, 79A.60.010, 82.27.070, 89.08.470, 90.03.247, and 90.58.147.


             Referred to Committee on Judiciary.

 

SSB 5179          by Senate Committee on Parks, Fish & Wildlife (originally sponsored by Senators Oke, Mulliken, Rasmussen and T. Sheldon)


             AN ACT Relating to body-gripping traps; amending RCW 77.08.010, 77.15.194, 77.65.450, 77.65.460, 77.32.545, and 77.15.198; adding new sections to chapter 77.12 RCW; repealing RCW 77.15.192; and declaring an emergency.


             Referred to Committee on Fisheries, Ecology & Parks.

 

SSB 5240          by Senate Committee on Education (originally sponsored by Senators Zarelli, McAuliffe, Schmidt, Eide, Benton, Carlson, Keiser, Mulliken, Kohl-Welles, Stevens, Winsley, Hale, Roach and Poulsen)


             AN ACT Relating to including a classified employee on the Washington professional educator standards board; and amending RCW 28A.410.200.


             Referred to Committee on Education.

 

SB 5308            by Senators Mulliken, T. Sheldon, Morton and McCaslin


             AN ACT Relating to growth management hearings board review of plan and regulation compliance; and amending RCW 36.70A.280, 36.70A.290, 36.70A.302, 36.70A.320, and 90.58.190.


             Held on 1st Reading.

 

SSB 5358          by Senate Committee on Education (originally sponsored by Senators West, Shin, Sheahan, Honeyford, Hewitt, Roach, Finkbeiner, Hale, Kline, McAuliffe, Winsley, Mulliken, Rasmussen and Schmidt)


             AN ACT Relating to high school diplomas for veterans of the Korean conflict; and amending RCW 28A.230.120.


             Referred to Committee on Education.

 

SB 5367            by Senators Haugen, Swecker, Jacobsen, Oke and Esser; by request of Utilities & Transportation Commission


             AN ACT Relating to apportionment of the cost of installing and maintaining signals or warning devices at railroad-highway grade crossings; amending RCW 81.53.271 and 81.53.281; and creating a new section.


             Referred to Committee on Transportation.

 

SSB 5409          by Senate Committee on Land Use & Planning (originally sponsored by Senators Mulliken, T. Sheldon, Roach, Fairley, Schmidt, Kline, Swecker, Reardon, Deccio, Doumit, McCaslin, Parlette, Esser, Rasmussen and Shin)


             AN ACT Relating to providing a new direct petition annexation method; amending RCW 35.21.005 and 35A.01.040; adding new sections to chapter 35.13 RCW; adding new sections to chapter 35A.14 RCW; creating new sections; and declaring an emergency.


             Referred to Committee on Local Government.

 

SB 5475            by Senators Horn, Shin, Sheahan, Kohl-Welles, Carlson and Winsley


             AN ACT Relating to limiting courses of instruction that are exclusive to research institutions of higher education; and amending RCW 28B.10.115.


             Referred to Committee on Higher Education.

 

SSB 5714          by Senate Committee on Financial Services, Insurance & Housing (originally sponsored by Senators Benton and Prentice)


             AN ACT Relating to financial institution law parity; amending RCW 32.08.142, 32.08.146, and 32.32.500; reenacting and amending RCW 30.04.215; adding new sections to chapter 30.04 RCW; and adding new sections to chapter 32.08 RCW.


             Referred to Committee on Financial Institutions & Insurance.

 

SB 5720            by Senators Winsley, Prentice, Benton, Kline and Rasmussen


             AN ACT Relating to identifying users of credit and debit cards; adding a new section to chapter 19.192 RCW; and creating a new section.


             Referred to Committee on Financial Institutions & Insurance.

 

ESSB 5766       by Senate Committee on Government Operations & Elections (originally sponsored by Senators Roach, Reardon, Kastama, Stevens, McCaslin, Esser, McAuliffe, Rasmussen and Hale)


             AN ACT Relating to providing businesses with notice of administrative rules; amending RCW 34.05.220 and 34.05.312; adding a new section to chapter 34.05 RCW; and creating a new section.


             Referred to Committee on State Government.

 

SSB 5800          by Senate Committee on Economic Development (originally sponsored by Senators Brown, Sheahan, B. Sheldon, Finkbeiner, Doumit, Reardon, McCaslin, Keiser, Kohl-Welles, McAuliffe, Rasmussen, Schmidt, Shin, Thibaudeau and Winsley)


             AN ACT Relating to establishing the economic development commission; amending RCW 43.330.040; and adding a new chapter to Title 43 RCW.


             Referred to Committee on Trade & Economic Development.


             There being no objection, the bills listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.


SIGNED BY THE SPEAKER


             The Speaker signed:

SUBSTITUTE HOUSE BILL NO. 1832,


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


SECOND READING


MOTION


             On motion of Representative Santos, Representative Edwards was excused. On motion of Representative Clements, Representative Campbell was excused.


             HOUSE BILL NO. 1178, By Representatives Schual-Berke, Skinner, Cody, Hankins, Moeller, Chase, Darneille, Upthegrove, Hunt, McCoy, Grant, Cooper, Clibborn, Ruderman, Kenney, Wallace, Lantz, Hudgins, Pettigrew, Morrell, McDermott, Jarrett, Romero, Haigh, Hunter, Kagi, Conway and Simpson


             Requiring medically accurate information in sex education courses.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1178 was substituted for House Bill No. 1178 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1178 was read the second time.


             Representative Schual-Berke moved the adoption of amendment (056):


              On page 2, line 21, after "use" strike all material through "accurate"


             Representative Schual-Berke spoke in favor of the adoption of the amendment.


             Representatives Nixon and Pflug spoke against the adoption of the amendment.


             The amendment was adopted.


             With the consent of the House, amendment (032) was withdrawn.


             Representative Skinner moved the adoption of amendment (074):


              On page 2, beginning on line 20, strike all subsection (3), and insert the following:

              "(3) This section shall not restrict any school district in selecting sexuality education courses. The decision as to which courses shall be taught shall be made exclusively by the school district."


             Representatives Skinner, Cox, Pflug, Talcott and Armstrong spoke in favor of the adoption of the amendment.


             Representative Schual-Berke spoke against the adoption of the amendment.


             An electronic roll call vote was demanded and the demand was sustained.


             The Speaker stated the question before the House to be adoption of amendment (074) to Engrossed Substitute House Bill No. 1178.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (074) to Engrossed Substitute House Bill No. 1178, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 54, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 42.

             Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 54.

             Excused: Representatives Campbell and Edwards - 2.


             Representative Pflug moved the adoption of amendment (033):


              On page 2, after line 23, insert the following:

              "(5) This section does not prohibit any school district from providing abstinence-only education as a complete course or as a component of the curriculum of another course, regardless of the funding source."


             Representative Pflug spoke in favor of the adoption of the amendment.


             Representative Schual-Berke spoke against the adoption of the amendment.


             An electronic roll call vote was demanded and the demand was sustained.


             The Speaker stated the question before the House to be adoption of amendment (033) to Substitute House Bill No. 1178.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (033) to Substitute House Bill No. 1178, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 54, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 42.

             Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 54.

             Excused: Representatives Campbell and Edwards - 2.


             The bill was ordered engrossed.


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


             Representatives Schual-Berke, Clibborn, Hunt, McIntire and Schual-Berke (again) spoke in favor of passage of the bill.


             Representatives Schoesler, Nixon, Clements, Benson, Talcott, Schindler, Boldt, Armstrong, Skinner and Pflug spoke against the passage of the bill.


             The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1178.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1178 and the bill passed the House by the following vote: Yeas - 52, Nays - 44, Absent - 0, Excused - 2.

             Voting yea: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Murray, O'Brien, Pettigrew, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 52.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Morris, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Quall, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 44.

             Excused: Representatives Campbell and Edwards - 2.


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1178, having received the necessary constitutional majority, was declared passed.


             HOUSE BILL NO. 1054, By Representatives Dickerson, Skinner, Romero, Haigh, O'Brien, Kenney, Darneille, Kagi, Clements, Sommers, Chase, Miloscia, McDermott, Kirby, Schual-Berke, Lovick and Kessler


             Specifying circumstances under which a clergy must report child abuse or neglect.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1054 was substituted for House Bill No. 1054 and the substitute bill was placed on the second reading calendar.


             SUBSTITUTE HOUSE BILL NO. 1054 was read the second time.


             Representative Carrell moved the adoption of amendment (069):


              On page 2, line 31, strike "performing" and insert "formally and officially designated and appointed in accordance with written policies of the church, religious denomination, religious body, spiritual community, or sect to perform"


             Representatives Carrell spoke in favor of the adoption of the amendment.


             Representative Dickerson spoke against the adoption of the amendment.


             An electronic roll call vote was demanded and the demand was sustained.


             The Speaker stated the question before the House to be adoption of amendment (069) to Substitute House Bill No. 1054.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (069) to Substitute House Bill No. 1054, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 54, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott, Tom and Woods - 42.

             Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 54.

             Excused: Representatives Campbell and Edwards - 2.


             Representative Carrell moved the adoption of amendment (070):


              On page 5, line 8, after "(2)" strike "(a)"


              On page 5, line 10, after "member of the clergy" strike the remainder of subsection (2) and insert "unless the information obtained by the member of the clergy relates to the contemplation or execution of a future crime of abuse or neglect or serious abuse of a child."


             Representative Carrell spoke in favor of the adoption of the amendment.


             Representative Dickerson spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative Nixon moved the adoption of amendment (045):


              On page 5, line 10, strike "professional"


             Representative Nixon spoke in favor of the adoption of the amendment.


             Representative Dickerson spoke against the adoption of the amendment.


             The amendment was not adopted.


             Representative McMahan moved the adoption of amendment (027):


              On page 10, line 16, after "RCW 26.44.080" strike "by a member of the clergy"


             Representatives McMahan and Dickerson spoke in favor of the adoption of the amendment.


             The amendment was adopted.


             Representative Boldt moved the adoption of amendment (030):


              Strike everything after the enacting clause and insert the following:

              "Sec. 1. RCW 26.44.020 and 2000 c 162 s 19 are each amended to read as follows:

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

              (1) "Court" means the superior court of the state of Washington, juvenile department.

              (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

              (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" includes a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter.

              (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

              (5) "Department" means the state department of social and health services.

              (6) "Child" or "children" means any person under the age of eighteen years of age.

              (7) "Professional school personnel" include, but are not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

              (8) "Social service counselor" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

              (9) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

              (10) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

              (11) "Member of the clergy" means any regularly licensed, accredited, certified, or ordained minister, priest, ((or)) rabbi, imam, or similarly qualified religious or spiritual leader of any church or religious or spiritual denomination, sect, community, or body, or any person performing official duties that are recognized as the duties of a member of the clergy under the discipline, tenets, doctrines, practices, customs, or traditions of the person's church or religious or spiritual denomination, sect, community, or body, whether acting in an individual capacity or as an employee, official, or agent of any public or private organization or institution.

              (12) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.

              (13) "Child protective services section" means the child protective services section of the department.

              (14) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

              (15) "Negligent treatment or maltreatment" means an act or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment.

              (16) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

              (17) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

              (18) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.

              (19) "Unfounded" means available information indicates that, more likely than not, child abuse or neglect did not occur. No unfounded allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.


              Sec. 2. RCW 26.44.030 and 1999 c 267 s 20 and 1999 c 176 s 30 are each reenacted and amended to read as follows:

              (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, member of the clergy, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

              (b) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

              (c) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

              (d) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known.

              (2)(a) The reporting requirement of subsection (1) of this section does not apply to a member of the clergy with regard to information obtained by the member of the clergy acting in his or her professional capacity as a religious or spiritual counselor or advisor when (i) the information is obtained as a result of any confession, admission, discussion, or conversation, (ii) the member of the clergy is authorized to hear or participate in such confession, admission, discussion, or conversation, and (iii) the member of the clergy may, under the discipline, tenets, doctrines, practices, customs, or traditions of the person's church or religious or spiritual denomination, sect, community, or body, keep the confession, admission, discussion, or conversation secret, private, or confidential.

              (b) Nothing in this subsection shall exempt a member of the clergy from making a report of child abuse or neglect as required in subsection (1) of this section when the member of the clergy is acting exclusively in some other capacity that would otherwise require a member of the clergy to make a report.

              (3) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.

              (((3))) (4) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

              (((4))) (5) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.

              (((5))) (6) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

              (((6))) (7) Any county prosecutor or city attorney receiving a report under subsection (((5))) (6) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

              (((7))) (8) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.

              (((8))) (9) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

              (((9))) (10) Persons or agencies exchanging information under subsection (((7))) (8) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

              (((10))) (11) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

              (((11))) (12) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

              (((12))) (13) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

              (((13))) (14) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

              The department shall provide annual reports to the legislature on the effectiveness of the risk assessment process.

              (((14))) (15) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

              (((15))) (16) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral.


              Sec. 3. RCW 9A.04.080 and 1998 c 221 s 2 are each amended to read as follows:

              (1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

              (a) The following offenses may be prosecuted at any time after their commission:

              (i) Murder;

              (ii) Homicide by abuse;

              (iii) Arson if a death results;

              (iv) Vehicular homicide;

              (v) Vehicular assault if a death results;

              (vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).

              (b) The following offenses shall not be prosecuted more than ten years after their commission:

              (i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;

              (ii) Arson if no death results; or

              (iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.

              (c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), ((or)) 9A.64.020, or 26.44.080.

              (d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.

              (e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.

              (f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.

              (g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).

              (h) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.

              (i) No gross misdemeanor may be prosecuted more than two years after its commission.

              (j) No misdemeanor may be prosecuted more than one year after its commission.

              (2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.

              (3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."


             Representative Nixon moved the adoption of amendment (044) to amendment (030):


              On page 4, line 37, strike "professional"


             Representative Nixon spoke in favor of the adoption of the amendment (044) to amendment (030).


             Representative Dickerson spoke against the adoption of the amendment (044) to the amendment (030).


             The amendment (044) to the amendment (030) was not adopted.


             Representatives Boldt, DeBolt, Skinner, Ericksen, Boldt (again) and Clements spoke in favor of the adoption of the amendment.


             Representatives Dickerson, Kessler and Dickerson (again) spoke against the adoption of the amendment.


             An electronic roll call vote was demanded and the demand was sustained.


             The Speaker stated the question before the House to be adoption of amendment (030) to Substitute House Bill No. 1054.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (030) to Substitute House Bill No. 1054, and the amendment was not adopted by the following vote: Yeas - 42, Nays - 54, Absent - 0, Excused - 2.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Priest, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 42.

             Voting nay: Representatives Berkey, Blake, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 54.

             Excused: Representatives Campbell and Edwards - 2.


             With the consent of the House, amendment (067) was withdrawn.


             Representative Carrell moved the adoption of amendment (071):


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 26.44.020 and 2000 c 162 s 19 are each amended to read as follows:

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

              (1) "Court" means the superior court of the state of Washington, juvenile department.

              (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

              (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" includes a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter.

              (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

              (5) "Department" means the state department of social and health services.

              (6) "Child" or "children" means any person under the age of eighteen years of age.

              (7) "Professional school personnel" include, but are not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

              (8) "Social service counselor" means anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

              (9) "Psychologist" means any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

              (10) "Pharmacist" means any registered pharmacist under chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

              (11) "Member of the clergy" means any regularly licensed, accredited, or ordained minister, priest, ((or)) rabbi, imam, or similarly situated religious or spiritual leader of any church ((or)), religious denomination, religious body, spiritual community, or sect, whether acting in an individual capacity or as an employee ((or)), agent, or official of any public or private organization or institution.

              (12) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.

              (13) "Child protective services section" means the child protective services section of the department.

              (14) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

              (15) "Negligent treatment or maltreatment" means an act or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment.

              (16) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

              (17) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

              (18) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.

              (19) "Unfounded" means available information indicates that, more likely than not, child abuse or neglect did not occur. No unfounded allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.


              Sec. 2. RCW 26.44.030 and 1999 c 267 s 20 and 1999 c 176 s 30 are each reenacted and amended to read as follows:

              (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

              When any member of the clergy has reasonable cause to believe that a child has suffered abuse or neglect from another member of the clergy within the same church, religious denomination, religious body, spiritual community, or sect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

              (b) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

              (c) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

              (d) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known.

              (2)(a) The reporting requirement of subsection (1) of this section does not apply to a member of the clergy with regard to information obtained solely as a result of a confession made pursuant to the clergy-penitent privilege as provided in RCW 5.60.060(3).

              (b) Nothing in this subsection shall exempt a member of the clergy from making a report of child abuse or neglect as required in subsection (1) of this section when the member of the clergy is acting in some other capacity that would otherwise require him or her to make a report.

              (3) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.

              (((3))) (4) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

              (((4))) (5) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.

              (((5))) (6) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

              (((6))) (7) Any county prosecutor or city attorney receiving a report under subsection (((5))) (6) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

              (((7))) (8) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.

              (((8))) (9) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

              (((9))) (10) Persons or agencies exchanging information under subsection (((7))) (8) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

              (((10))) (11) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

              (((11))) (12) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

              (((12))) (13) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

              (((13))) (14) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

              The department shall provide annual reports to the legislature on the effectiveness of the risk assessment process.

              (((14))) (15) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

              (((15))) (16) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral.


              Sec. 3. RCW 9A.04.080 and 1998 c 221 s 2 are each amended to read as follows:

              (1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

              (a) The following offenses may be prosecuted at any time after their commission:

              (i) Murder;

              (ii) Homicide by abuse;

              (iii) Arson if a death results;

              (iv) Vehicular homicide;

              (v) Vehicular assault if a death results;

              (vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).

              (b) The following offenses shall not be prosecuted more than ten years after their commission:

              (i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;

              (ii) Arson if no death results; or

              (iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.

              (c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.

              (d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.

              (e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.

              (f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.

              (g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).

              (h) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.

              (i) A violation of RCW 26.44.080 must not be prosecuted more than ten years after the disclosure of the information that was the subject of the reporting requirement under RCW 26.44.030 should have occurred.

              (j) No other gross misdemeanor may be prosecuted more than two years after its commission.

              (((j))) (k) No misdemeanor may be prosecuted more than one year after its commission.

              (2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.

              (3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."


              Correct the title.


             Representatives Carrell, Anderson and Carrell (again) spoke in favor of the adoption of the amendment.


             Representative Dickerson spoke against the adoption of the amendment.


             An electronic roll call vote was demanded and the demand was sustained.


             The Speaker stated the question before the House to be adoption of amendment (071) to Substitute House Bill No. 1054.


ROLL CALL


             The Clerk called the roll on the adoption of amendment (071) to Substitute House Bill No. 1054, and the amendment was not adopted by the following vote: Yeas - 40, Nays - 57, Absent - 0, Excused - 1.

             Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Holmquist, Kristiansen, Mastin, McDonald, McMahan, McMorris, Mielke, Newhouse, Nixon, Orcutt, Pearson, Pflug, Roach, Schindler, Schoesler, Sehlin, Shabro, Skinner, Sump, Talcott and Woods - 40.

             Voting nay: Representatives Berkey, Blake, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hinkle, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Pettigrew, Priest, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood and Mr. Speaker - 57.

             Excused: Representative Edwards - 1.


             The bill was ordered engrossed.


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


             Representatives Dickerson, Darneille, Kagi, McIntire and Quall spoke in favor of passage of the bill.


             Representatives Bush, Carroll and Boldt spoke against the passage of the bill.


MOTION


             Representative DeBolt moved that ENGROSSED SUBSTITUTE HOUSE BILL NO. 1054 be referred to the Committee on Judiciary.


             Representatives DeBolt spoke in favor of the adoption of the motion.


             Representatives Kessler spoke against the adoption of the motion.


             The motion to refer Engrossed Substitute House Bill No. 1054 to the Committee on Judiciary was not adopted.


             The Speaker stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 1054.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1054 and the bill passed the House by the following vote: Yeas - 62, Nays - 35, Absent - 0, Excused - 1.

             Voting yea: Representatives Berkey, Blake, Cairnes, Campbell, Chase, Clibborn, Cody, Conway, Cooper, Darneille, Dickerson, Dunshee, Eickmeyer, Flannigan, Fromhold, Gombosky, Grant, Haigh, Hankins, Hatfield, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, Mastin, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Pettigrew, Pflug, Quall, Rockefeller, Romero, Ruderman, Santos, Schual-Berke, Shabro, Simpson, Sommers, Sullivan, Tom, Upthegrove, Veloria, Wallace, Wood, Woods and Mr. Speaker - 62.

             Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Benson, Boldt, Buck, Bush, Carrell, Chandler, Clements, Condotta, Cox, Crouse, DeBolt, Delvin, Ericksen, Hinkle, Holmquist, Kristiansen, McMahan, McMorris, Mielke, Newhouse, Orcutt, Pearson, Priest, Roach, Schindler, Schoesler, Sehlin, Skinner, Sump and Talcott - 35.

             Excused: Representative Edwards - 1.


             ENGROSSED SUBSTITUTE HOUSE BILL NO. 1054, having received the necessary constitutional majority, was declared passed.


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


             There being no objection, the House adjourned until 10:00 a.m., March 10, 2003, the 57th Day of the Regular Session.


FRANK CHOPP, Speaker                                                                                  CYNTHIA ZEHNDER, Chief Clerk