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ONE HUNDRED -THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, April 25, 2003

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Horn, McAuliffe, Mulliken and West. On motion of Senator Hewitt, Senators Horn, Mulliken and West were excused. On motion of Senator Eide, Senator McAuliffe was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Matthew Irwin and Olivia Libbey, presented the Colors. Reverend John Shaffer, pastor of the Stanwood United Methodist Church, and a guest of Senator Haugen, offered the prayer.


MOTION


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


MESSAGE FROM THE GOVERNOR

April 23, 2003

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on April 23, 2003, Governor Locke approved the following Senate Bills entitled:


      Senate Bill No. 5425

      Relating to the total outstanding indebtedness of the higher education facilities   authority.

      Senate Bill No. 5429

      Relating to the Performance Registration Information Systems Management Program.

      Substitute Senate Bill No. 5452

      Relating to check cashers and sellers.

      Substitute Senate Bill No. 5561

      Relating to restrictions on assignments under Article 9A of the uniform commercial code.

      Senate Bill No. 5651

      Relating to urban industrial land banks in counties with low population densities.

      Senate Bill No. 5720

      Relating to identifying users of credit and debit cards.

      Substitute Senate Bill No. 5780

      Relating to the municipal criminal justice assistance account.

      Engrossed Substitute Senate Bill No. 6074

      Relating to vessels.

Sincerely,

Jennifer Joly, General Counsel

 

MESSAGE FROM THE GOVERNOR

VETO MESSAGE ON SENATE BILL NO. 5632


April 23, 2003



To the Honorable President and Members,

The Senate of the State of Washington


Ladies and Gentlemen:


      I am returning herewith, without my approval, Senate Bill No. 5632 entitled:


"AN ACT Relating to utility relocation costs;"


      This bill amends 81.112 RCW, enabling legislation for the Regional Transit Authority (RTA), to provide that the costs to relocate utility facilities required for construction of rail fixed guideway systems is a cost of the projects and must be paid by the RTA. It also provides that the RTA must negotiate the engineering, design, and route selection of the system with affected utilities.

      Under traditional common law and under current state statute, when local governments make improvements to rights-of-way, utilities displaced by those improvements are required in most instances to pay the costs of relocation. Sound Transit and local governments properly relied on this existing law in preparing their budgets and design plans for the Tacoma and Central Link light rail projects.

      Construction, including utility relocation, of the Tacoma and Central Links projects is already under way. To shift relocation costs from the utilities to Sound Transit at this late date would potentially disrupt or delay transportation projects that are vital to the Puget Sound region. I also have concerns with the provisions of the bill that could be interpreted as requiring utilities’ approval of engineering, design, and route selection of the system.

      Although I am vetoing Senate Bill No. 5632, the proponents have raised some important issues. Telecommunications and energy utilities provide services that are no less critical to our state’s economy than transportation. When transportation projects impose obligations on utilities that cause their costs to increase, those increased costs must be borne by businesses, homes, schools, and government institutions in the form of higher utility rates or reduced investments in needed telecommunications or energy infrastructure. I believe it is appropriate for regulatory bodies to acknowledge the added costs of utility relocation in rate-setting proceedings.

      Citizens are both taxpayers and utility ratepayers. Whether the costs of transit projects are paid by taxpayers or by utility ratepayers, they are paid by citizens. I would support thoughtful, comprehensive legislation on utility relocation that addresses both public and private utilities, and encompasses projects sponsored by state government, local government, regional transit authorities, and other public or quasi-public entities. Such legislation should also address reported inequities and inconsistencies in current utility relocation policies.

      Utility relocation, whether assumed by the project sponsor or utility, is clearly one of the costs of building or improving public infrastructure. The public interest is best served by a fair and uniform policy to minimize these costs whenever possible.

      For these reasons, I have vetoed Senate Bill No. 5632 in its entirety.

Respectfully submitted,

GARY LOCKE, Governor


MOTION


      On motion of Senator Sheahan, the veto message on Senate Bill No. 5632 was held at the desk.


MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT


April 7, 2003

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following reappointment, subject to your confirmation.

      James Garrison, reappointed April 3, 2003, for a term ending April 3, 2007, as a member of the State Board for Community and Technical Colleges.

GARY LOCKE, Governor

      Referred to Committee on Higher Education.


MESSAGE FROM THE HOUSE

April 24, 2003

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1693,

      SUBSTITUTE HOUSE BILL NO. 2192,

      HOUSE BILL NO. 2238,

      SUBSTITUTE HOUSE BILL NO. 2257, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MESSAGE FROM THE HOUSE

April 23, 2003

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following bills as amended by the Senate:

      SUBSTITUTE HOUSE BILL NO. 1057,

      HOUSE BILL NO. 1356,

      HOUSE BILL NO. 1361,

      SUBSTITUTE HOUSE BILL NO. 1380,

      HOUSE BILL NO. 1858,

      HOUSE BILL NO. 1972,

      HOUSE BILL NO. 1980,

      HOUSE BILL NO. 2001,

      HOUSE BILL NO. 2186.                                                                                                                      CYNTHIA ZEHNDER, Chief Clerk


MESSAGE FROM THE HOUSE

MESSAGE FROM THE HOUSE

April 23, 2003

MR. PRESIDENT:

      The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056. The Speaker has appointed the following members as Conferees:

      Representatives Haigh, Kirby, Armstrong.

CYNTHIA ZEHNDER, Chief Clerk


April 24, 2003

MR. PRESIDENT:

      The House concurred in the Senate amendment(s) to the following bills as amended by the Senate:

      SUBSTITUTE HOUSE BILL NO. 1028,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2088.

CYNTHIA ZEHNDER, Chief Clerk



INTRODUCTION AND FIRST READING


 

SB 6082             by Senators Parlette, Doumit and Rasmussen

 

AN ACT Relating to expanding the criteria for habitat conservation programs; amending RCW 79A.15.010, 79A.15.030, 79A.15.040, 79A.15.050, 79A.15.060, 79A.15.070, and 79A.15.080; reenacting and amending RCW 43.84.092; adding new sections to chapter 79A.15 RCW; adding a new section to chapter 79.70 RCW; adding a new section to chapter 79.71 RCW; and providing an effective date.

Referred to Committee on Parks, Fish and Wildlife.

 

SJM 8025           by Senators Parlette, Deccio, Winsley, Reardon, Brandland, Keiser, Benton, Carlson, Shin, Esser, Mulliken, Hale, Finkbeiner, Horn, Schmidt, Johnson, Doumit, Zarelli, McCaslin, Oke and Rasmussen

 

Urging Congress to repeal certain federal laws regarding prescription drug pricing.

 

Referred to Committee on Health and Long-Term Care.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1693          by House Committee on Appropriations (originally sponsored by Representatives Cody, Skinner, Clibborn and Morrell

                            ( by request of Department of Social and Health Services)

 


                           Revising the provision for increasing the direct care component rate allocation for residents with exceptional care needs.


      HOLD.

 

SHB 2192          by House Committee on Finance (originally sponsored by Representatives Cody and Clements)

 

Taxing parimutuel machines.


      Referred to Committee on Commerce and Trade.

 

HB 2238            by Representative Quall

 

Eliminating the communication portion of the WASL.

 

Referred to Committee on Education.

 

SHB 2257          by House Committee on Appropriations (originally sponsored by Representatives Sommers, Fromhold and Moeller)

 

Concerning the treatment of income and resources for institutionalized persons receiving medical assistance.

 

HOLD.


MOTION


      On motion of Senator Sheahan, Senate Bill No. 6082 was referred to the Committee on Parks, Fish and Wildlife.


MOTIONS


      On motion of Senator Sheahan, the rules were suspended and Substitute House Bill No. 1693 was advanced to second reading and placed on the second reading calendar.

      On motion of Senator Sheahan, the rules were suspended and Substitute House Bill No. 2257 was advanced to second reading and placed on the second reading calendar.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Carlson, Gubernatorial Appointment No. 9106, Bruce Romanish, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.


APPOINTMENT OF BRUCE ROMANISH


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.

     Excused: Senators Horn, McAuliffe, Mulliken and West - 4.

 

MOTION

 

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

 

SENATE RESOLUTION 8667

 

By Senators Prentice, T. Sheldon, Jacobsen, Swecker and Winsley

 

      WHEREAS, In 1855 the Wenatchi Tribe was party to the 1855 Walla Walla Treaty which guaranteed the tribe fishing, hunting, and gathering rights; and

      WHEREAS, Article 10 of the 1855 Treaty authorized a reservation of approximately 20,000 acres for the Wenatchis near the mouth of the Icicle River; and

      WHEREAS, The United States Senate ratified said treaty on March 8, 1859; and

      WHEREAS, The United States failed to survey and establish said reservation and remove it from the public domain; and

      WHEREAS, In 1894 the United States again ratified an agreement which guaranteed to the Wenatchi Indians both their rights under the 1855 treaty and at least 20,000 acres of lands in the Icicle River area; and

      WHEREAS, As before, the United States failed to take the necessary action to deliver said lands to the Wenatchi Indians; and

      WHEREAS, Wenatchi leaders have continuously worked throughout the twentieth century to have the United States recognize their rights and reservation; and

      WHEREAS, There still remain more than 100,000 acres of National Forest lands in the area where the Wenatchis' reservation should have been set aside; and

      WHEREAS, Today the Wenatchi Tribe is one of the twelve aboriginal tribes of the Colville Confederated Tribes on the Colville Indian Reservation located in the state of Washington; and

      WHEREAS, The Colville Confederated Tribes have been widely recognized for the prowess of their stewardship and programs for the management of forest lands; and

      WHEREAS, Putting a tract of forest lands in the Icicle area under Colville Confederated Tribes management for the benefit of the Wenatchi could improve the local economy for both Indians and non-Indians in the area;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the efforts of the Colville Confederated Tribes to have the United States Congress enact legislation that would allow the conveyance of approximately 20,000 acres of National Forest lands in the area of the Icicle River to the Colville Confederated Tribes, to be managed for the benefit of the Wenatchi people.

 

      Senators Prentice, Swecker, Tim Sheldon and Parlette spoke to Senate Resolution 8667.

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced Joe Pakoota, Chair of the Colville Business Council and Mathew Dick, Chair of the Wenatchi Advisory Board and great grandson of the late Wenatchi Chief, who were seated on the rostrum.

      With permission of the Senate, business was suspended to permit Mr. Pakoota to address the Senate.

 

INTRODUCTION OF ADDITIONAL GUESTS

 

      The President welcomed and introduced Margie Hutchinson, Mike Marchand and Gene Joseph, members of the Colville Business Council, and John St. Pierre, Gloria Atkins and Phil Grunlose, members of the Wenatchi Advisory Board, and also William Dick, Vice Chair of the Wenatchi Advisory Board and great grandson of the last Wenatchi Chief.

 

MOTION

 

      On motion of Senator Sheahan, the Senate returned to the fourth order of business. 

 

MESSAGE FROM HOUSE

April 21, 2003

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1841 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

MOTION

 

      On motion of Senator Stevens, the Senate receded from its amendment(s) to Second Substitute House Bill No. 1841.

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, Second Substitute House Bill No. 1841 was returned to second reading and read the second time.

 

MOTION

 

      On motion of Senator Stevens, the following striking amendment by Senators Stevens and Hargrove was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:

       The legislature finds that investment in effective prevention and early intervention services: (1) Produces immediate and long-term improvements for children and families; and (2) avoids future public costs in education, child welfare, substance abuse, health, and mental health treatment, law enforcement, the courts, and juvenile and adult corrections. The legislature further finds that state agencies receiving funds for prevention and early intervention services should contract for or operate services that have a strong likelihood of achieving expected program outcomes.

       NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

       (1) For the purposes of this section, "prevention and early intervention services and programs" are the following state-operated or contracted programs or their successors:

       (a) Alternate response system;

       (b) Family reconciliation services;

       (c) Family preservation services;

       (d) Intensive family preservation services;

       (e) Continuum of care;

       (f) Parent trust program;

       (g) Public health nurse early intervention program; and

       (h) Other prevention and early intervention services and programs in the department of social and health services, children's administration, as identified by the secretary.

       (2) The department of social and health services in consultation with the family policy council, created in chapter 70.190 RCW, shall, by March 1, 2004, identify criteria for funding prevention and early intervention services and programs in the children's administration that are either state-operated or contracted. The criteria must require that funded programs, at a minimum: (a) Define clear, measurable outcomes; (b) identify research that may be applicable; (c) identify anticipated cost benefits; (d) describe broad community involvement, support, and partnerships; and (e) provide data related to program outcomes and cost benefits.

       (3) The department shall incorporate the funding criteria into contracts and operating procedures beginning January 1, 2005, within existing resources.

       (4) The department shall begin providing the family policy council program outcome data required under subsection (2) of this section not later than June 1, 2005.

       (5) The family policy council shall begin analyzing the program outcome and cost benefit data required under subsection (2) of this section July 1, 2005.

       NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:

       Nothing in this act creates:

       (1) An entitlement to services;

       (2) Judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable, or the child or family is not eligible for such services; or

       (3) A private right of action or claim on the part of any individual, entity, or agency against any state agency or contractor.

       NEW SECTION. Sec. 4. A new section is added to chapter 70.190 RCW to read as follows:

       The council shall: Beginning with its 2005 annual report and each subsequent report, list the prevention and early intervention services to which the funding criteria established in section 2(2) of this act are applied; and beginning with its 2006 annual report and in each subsequent annual report, include the outcome and cost benefit data collected under section 2(5) of this act and provide an analysis of the success and cost benefit program outcomes.

       In the 2006 annual report and in each subsequent annual report the council shall identify and recommend other services, programs, and state agencies to which the funding criteria may apply."

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "adding new sections to chapter 74.13 RCW; and adding a new section to chapter 70.190 RCW."

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, Second Substitute House Bill No. 1841, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1841, as amended by the Senate under suspension of the rules.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1841, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Absent: Senators Hargrove - 1.

     Excused: Senator s McAuliffe and West - 2.

      SECOND SUBSTITUTE HOUSE BILL NO. 1841, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      On motion of Senator Jacobsen, Senators Brown, Eide and Keiser were excused.

 

MESSAGE FROM HOUSE

April 22, 2003

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

 

      On motion of Senator Thibaudeau, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1827.

 

MOTION

 

      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute House Bill No. 1827 was returned to second reading and read the second time.

 

MOTION

 

      On motion of Senator Thibaudeau, the following striking amendment by Senators Thibaudeau and Deccio was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:

       (1) Except for community and technical colleges, each degree- granting public or private postsecondary residential campus that provides on-campus or group housing shall provide information on meningococcal disease to each enrolled matriculated first-time student. Community and technical colleges must provide the information only to those students who are offered on-campus or group housing. The information about meningococcal disease shall include:

       (a) Symptoms, risks, especially as the risks relate to circumstances of group living arrangements, and treatment; and

       (b) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received.

       (2) This section shall not be construed to require the department of health or the postsecondary educational institution to provide the vaccination to students.

       (3) The department of health shall be consulted regarding the preparation of the information materials provided to the first-time students.

       (4) If institutions provide electronic enrollment or registration to first-time students, the information required by this section shall be provided electronically and acknowledged by the student before completion of electronic enrollment or registration.

       (5) This section does not create a private right of action.

       NEW SECTION. Sec. 2. This act takes effect July 1, 2004."

      There being no objection, the following title amendment was adopted:

       On page 1, line 3 of the title, after "institutions;" strike the remainder of the title and insert "adding a new section to chapter 70.54 RCW; and providing an effective date."

 

MOTION

 

      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute House Bill No. 1827, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1827, as amended by the Senate under suspension of the rules.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1827, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.

     Excused: Senators Brown, Eide, Keiser and West - 4.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MESSAGE FROM HOUSE

April 21, 2003

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1571 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

MOTION

 

      On motion of Senator Stevens, the Senate receded from its amendment(s) to Substitute House Bill No. 1571.

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 1571 was returned to second reading and read the second time.

 

MOTION

 

      On motion of Senator Stevens, the following striking amendment by Senators Stevens and Hargrove was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that there is an urgent need for vigorous enforcement of child support obligations. The legislature further finds that the duty of child support to provide for the needs of dependent children, including their necessary food, clothing, shelter, education, and health care, should not be avoided because of where an obligor resides. A person owing a duty of child support who chooses to engage in behaviors that result in the person becoming incarcerated should not be able to avoid child support obligations.

       The legislature also finds the current system of child support collections due from persons confined in state correctional facilities does not facilitate family preservation nor does it promote the best interests of children. Unless otherwise proscribed by federal law or court order, the legislature intends that, particularly in instances of very low payment levels, child support deductions go directly to the person or persons in whose custody the child is and who is responsible for the daily support of the child. The legislature does not intend the child support system to be a mechanism for the support of government, but rather to directly assist children in need of support.

       Sec. 2. RCW 72.09.111 and 2002 c 126 s 2 are each amended to read as follows:

       (1) The secretary shall deduct from the gross wages or gratuities of each inmate working in correctional industries work programs, taxes and legal financial obligations. The secretary shall also deduct child support payments from the gratuities of each inmate working in class II through class IV correctional industries work programs. The secretary shall develop a formula for the distribution of offender wages and gratuities.

       (a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

       (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (ii) Ten percent to a department personal inmate savings account;

       (iii) Twenty percent to the department to contribute to the cost of incarceration; and

       (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

       (b) The formula shall include the following minimum deductions from class II gross gratuities:

       (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (ii) Ten percent to a department personal inmate savings account;

       (iii) Fifteen percent to the department to contribute to the cost of incarceration; ((and))

       (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court; and

       (v) Fifteen percent for any child support owed under a support order.

       (c) ((The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.

       (d))) The formula shall include the following minimum deductions from class III gratuities:

       (I) Five percent for the purpose of crime victims' compensation; and

       (ii) Fifteen percent for any child support owed under a support order.

       (d) The formula shall include the following minimum deduction from class IV gross gratuities:

       (I) Five percent to the department to contribute to the cost of incarceration; and

       (ii) Fifteen percent for any child support owed under a support order.

       Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection.

       The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

       In the event that the offender worker's wages or gratuity is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

       (2) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

       (3) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs.

       (4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

       (a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

       (f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.

       (5) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.

       (6) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW.

       Sec. 3. RCW 72.09.480 and 1999 c 325 s 1 are each amended to read as follows:

       (1) Unless the context clearly requires otherwise, the definitions in this section apply to this section.

       (a) "Cost of incarceration" means the cost of providing an inmate with shelter, food, clothing, transportation, supervision, and other services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.

       (b) "Minimum term of confinement" means the minimum amount of time an inmate will be confined in the custody of the department, considering the sentence imposed and adjusted for the total potential earned early release time available to the inmate.

       (c) "Program" means any series of courses or classes necessary to achieve a proficiency standard, certificate, or postsecondary degree.

       (2) When an inmate, except as provided in subsection (((6))) (7) of this section, receives any funds in addition to his or her wages or gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to the following deductions ((in RCW 72.09.111(1)(a))) and the priorities established in chapter 72.11 RCW:

       (a) Five percent to the public safety and education account for the purpose of crime victims' compensation;

       (b) Ten percent to a department personal inmate savings account;

       (c) Twenty percent to the department to contribute to the cost of incarceration;

       (d) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court; and

       (e) Fifteen percent for any child support owed under a support order.

       (3) When an inmate, except as provided in subsection (7) of this section, receives any funds from a settlement or award resulting from a legal action, the additional funds shall be subject to the deductions in RCW 72.09.111(1)(a) and the priorities established in chapter 72.11 RCW.

       (((3))) (4) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.

       (((4))) (5) The deductions required under subsection (2) of this section shall not apply to funds received by the department on behalf of an offender for payment of one fee-based education or vocational program that is associated with an inmate's work program or a placement decision made by the department under RCW 72.09.460 to prepare an inmate for work upon release.

       An inmate may, prior to the completion of the fee-based education or vocational program authorized under this subsection, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application based solely on the following criteria: (a) The inmate has been transferred to another institution by the department for reasons unrelated to education or a change to a higher security classification and the offender's current program is unavailable in the offender's new placement; (b) the inmate entered an academic program as an undeclared major and wishes to declare a major. No inmate may apply for more than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's current program; or (d) the offender's training or education has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement decision made by the department under RCW 72.09.460 to prepare the inmate for work upon release.

       (((5))) (6) The deductions required under subsection (2) of this section shall not apply to any money received by the department, on behalf of an inmate, from family or other outside sources for the payment of postage expenses. Money received under this subsection may only be used for the payment of postage expenses and may not be transferred to any other account or purpose. Money that remains unused in the inmate's postage fund at the time of release shall be subject to the deductions outlined in subsection (2) of this section.

       (((6))) (7) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds in addition to his or her gratuities, except settlements or awards resulting from legal action, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation ((and)), twenty percent to the department to contribute to the cost of incarceration, and fifteen percent to child support payments.

       (((7))) (8) When an inmate sentenced to life imprisonment without possibility of release or parole, or to death under chapter 10.95 RCW, receives any funds from a settlement or award resulting from a legal action in addition to his or her gratuities, the additional funds shall be subject to: Deductions of five percent to the public safety and education account for the purpose of crime victims' compensation and twenty percent to the department to contribute to the cost of incarceration.

       (9) The interest earned on an inmate savings account created as a result of the plan in section 4, chapter 325, Laws of 1999 shall be exempt from the mandatory deductions under this section and RCW 72.09.111.

       (10) Nothing in this section shall limit the authority of the department of social and health services division of child support from taking collection action against an inmate's moneys, assets, or property pursuant to chapter 26.23, 74.20, or 74.20A RCW including, but not limited to, the collection of moneys received by the inmate from settlements or awards resulting from legal action."

 

      There being no objection, the following title amendment was adopted:

       On page 1, line 1 of the title, after "payments;" strike the remainder of the title and insert "amending RCW 72.09.111 and 72.09.480; and creating a new section."

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 1571, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1571, as amended by the Senate under suspension of the rules.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1571, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Excused: Senators Eide, Keiser and West - 3.

      SUBSTITUTE HOUSE BILL NO. 1571, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MESSAGE FROM HOUSE

April 22, 2003

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1712 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION

 

      On motion of Senator Stevens, the Senate receded from its amendment(s) to House Bill No. 1712.

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, House Bill No. 1712 was returned to second reading and read the second time.

 

MOTION

 

      On motion of Senator Stevens, the following striking amendment by Senators Stevens and Hargrove was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 9A.44.130 and 2002 c 31 s 1 are each amended to read as follows:

       (1) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person. In addition, any such adult or juvenile: (a) Who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution; (b) who gains employment at a public or private institution of higher education shall, within ten days of accepting employment or by the first business day after commencing work at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's employment by the institution; or (c) whose enrollment or employment at a public or private institution of higher education is terminated shall, within ten days of such termination, notify the sheriff for the county of the person's residence of the person's termination of enrollment or employment at the institution. Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.

       (2) This section may not be construed to confer any powers pursuant to RCW 4.24.500 upon the public safety department of any public or private institution of higher education.

       (3)(a) The person shall provide the following information when registering: (I) Name; (ii) address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) aliases used; (viii) social security number; (ix) photograph; and (x) fingerprints.

       (b) Any person who lacks a fixed residence shall provide the following information when registering: (I) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.

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

       (I) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty- four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (10) of this section.

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

       (ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

       (iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.

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

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

       (vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (10) of this section.

       (vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.

       (viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.

       (ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within ten days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. The person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state. The county sheriff shall promptly forward this information to the Washington state patrol.

       (b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

       (c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

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

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

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

       (6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.

       (b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.

       (c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.

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

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

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

       (a) "Sex offense" means:

       (I) Any offense defined as a sex offense by RCW 9.94A.030;

       (ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);

       (iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);

       (iv) Any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a sex offense under this subsection; and

       (v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.

       (b) "Kidnapping offense" means: (I) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent; (ii) any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a kidnapping offense under this subsection (9)(b).

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

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

       (10) A person who knowingly fails to register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (9)(a) of this section. If the crime was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.

       (11) A person who knowingly fails to register or who moves within the state without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section. If the crime was other than a felony or a federal or out-of- state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor."

 

      There being no objection, the following title amendment was adopted:

       On page 1, line 2 of the title, after "offenders;" strike the remainder of the title and insert "and amending RCW 9A.44.130."

 

MOTION

 

      On motion of Senator Stevens, the rules were suspended, House Bill No. 1712, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1712, as amended by the Senate under suspension of the rules.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1712, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.

     Excused: Senators Eide, Keiser and West - 3.

      HOUSE BILL NO. 1712, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      On motion of Senator Sheahan, House Bill No. 1712, as amended by the Senate under suspension of the rules, was ordered to be immediately transmitted to the House of Representatives.

 

MOTION

 

      At 10:59 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

 

      The Senate was called to order at 11:59 a.m. by President Owen.

 

MESSAGE FROM THE HOUSE

 

April 24, 2003

 

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 5363, and the same is herewith transmitted:

CYNTHIA ZEHNDER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 24, 2003

 

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6057,

      SUBSTITUTE SENATE BILL NO. 6073, and the same are herewith transmitted:

CYNTHIA ZEHNDER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

      The President signed:

      SENATE BILL NO. 5363.

 

SIGNED BY THE PRESIDENT

 

      The President signed:

      SUBSTITUTE SENATE BILL NO. 5891,

      ENGROSSED SUBSTITUTE SENATE BILL NOL 6023,

      SENATE BILL NO. 6057,

      SUBSTITUTE SENATE BILL NO. 6073.

 

 

 

MOTION

 

      On motion of Senator Sheahan, Senate Rule 20 was suspended for the remainder of the day.

 

      EDITOR’S NOTE: Rule 20 states, ‘The Senate shall consider no more than one floor resolution per day in session.’

 

MOTION

 

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

 

MOTIONS

 

      On motions of Senators Deccio and Haugen, the following comments of Senate Resolution 8678 will be spread upon the Journal.

 

MOTION

 

      Senator McCaslin: “It is with a great deal of honor that I move that Senate Resolution be adopted by the Senate.”

 

SENATE RESOLUTION 8678

 

By Senators West, Brown, Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, B. Sheldon, T. Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli

 

      WHEREAS, The legislative process requires an accurate and timely reflection of the events which transpire during each legislative day, and the actions of the State Senate are recorded in the Senate Journal of the State of Washington, the official record of the Senate; and

      WHEREAS, Mary Wiley is a most noble and gracious daughter of her native state of Kansas, having been born in Tampa, Kansas, and having followed, Ken, her dearly departed husband of 53 years, to Centralia, Washington; and

      WHEREAS, Mary Wiley has served Washington State for almost twenty-four memorable years and the Washington State Senate for twenty of those years, beginning her legislative career in 1979 as a secretary in Lieutenant Governor John A. Cherberg's office, moving on to the Senate in 1983; and

      WHEREAS, Mary Wiley has served with three Lieutenant Governors and six Secretaries of the Senate and, as Senate Journal Clerk and Minute Secretary, compiled 19 Senate Journals; and

      WHEREAS, Mary's unfailing attention to detail, her unwavering dedication to each debate both large and small, as well as her imperturbable air of calm have kept the Senate's President, members, and staff on time and on track – lending each action civility and credibility; and

      WHEREAS, Mary's humble and steadfast presence at the rostrum of the Senate has enabled this and past Presidents of the Senate and leaders from both sides of the aisle to confidently utter phrases like, "If Mary says that's where we're at, then that's where we're at." and "If Mary says that's what we did, then that's what we did."; and

      WHEREAS, Mary has decided to retire after this session of the 58th Legislature and her twentieth Senate Journal, unannounced and without fanfare, from her position as Senate Journal Clerk where her excellent listening and transcribing skills and diligent transcription of the events of this institution for posterity will be long remembered and sorely missed; and

      WHEREAS, Mary, exemplifying the helpfulness, the service, and the commitment to excellence that is the hallmark of Senate staff, has also been active in her community, serving on the Centralia School Board for 23 years and volunteering for a variety of meaningful activities and organizations within Lewis County; and

      WHEREAS, Mary's late husband, Ken, and children, Jim Wiley, Jo Allen, Julie Mann, Linda Wiley, and Jon Wiley, as well as her nearly ten grandchildren, shared Mary with the Senate as she worked through numerous late-night sessions, weekend work, and other assignments as needed;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate duly honor and recognize Mary Wiley for her longstanding contribution to the Senate and the state of Washington; and

      BE IT FURTHER RESOLVED, That the Senate wish for Mary the same amount of satisfaction and success from her future endeavors and offer its heartfelt gratitude for her diligent and oft-needed efforts to make each Lieutenant Governor and Senator and other speakers on the Senate Floor read as wise and profound for future generations as they thought they sounded in this one; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Mary Wiley and her family.

 

MOTION

 

      On motions of Senators Deccio and Haugen, the following remarks on Senate Resolution 8678 are to be spread across the Journal.

 

REMARKS BY SENATOR McCASLIN

 

      Senator McCaslin: “Thank you, Mr. President. I have looked upon her beautiful face now for twenty-three years. I apologize that I haven’t reciprocated. Mary has been here so long she remembers when I had hair. I think the resolution says it all. She is just a super, super, super individual. She has always been courteous and helpful and like the resolution says, ‘If Mary says that is where it is,’ that is where it is. May God Bless You and your family in your retirement. We will miss you terribly.”

 

 

 

REMARKS BY SENATOR SPANEL

 

      Senator Spanel: “I, too, want to thank Mary for her long work in the Senate. The resolution says it all, because she does it in a quiet manner and makes sure this place is recorded in the right way and has done an excellent job. So, I thank you very, very much and wish you well in your retirement. I think the other paragraph that really caught my eye is that we all spend weekends here, late nights, and a lot of time away from our families. Our staff does too, and especially Mary, as she has had to write those Journals. So, thank you for all the time that you have given to the Washington State Senate.”

 

REMARKS BY SENATOR DECCIO

 

      Senator Deccio: “The first time that I laid eyes on Mary Wiley was in the 1981 Session. She worked so quietly and so efficiently that it took me two years to figure out who she was. I would like to add my remarks along with Senator McCaslin. You have been a great image for the Senate in the way you have done your work. As kind as you have been, some of us, sometimes, deserve a kick in the pants, rather than the kindness that you have shown and I also want to express my appreciation for all you have done for us.”

 

REMARKS BY SENATOR HALE

 

      Senator Hale: “Thank you, Mr. President. I, too, would like to rise to offer a heartfelt thanks and best wishes to Mary on your retirement. You know, Mary is a wonderful example of the quiet unsung heros–the people who really make the Legislature go. They don’t always receive the accolades they deserve, but Mary, they are yours, my dear, and best of luck to you.”

 

REMARKS BY SENATOR SWECKER

 

      Senator Swecker: “Thank you, Mr. President. Well, Mary, I have to know that your diligence and your work here probably compare favorably to the things that you did at home, because I am a good friend of your son, Jon and his family, and your grandchildren. I can tell you that they are spectacular and that you did as much good there as you did here. So, we thank you.”

 

REMARKS BY SENATOR FRANKLIN

 

      Senator Franklin: “Thank you Mr. President. I would like to also add my voice of support and thank-you’s for what Mrs. Wiley has done for us these many years. I have watched her very closely–the quietness and the efficiency by which she does her work is really an example for all of us. I don’t think I have ever heard her say more that two words, because she is so quiet and so concentrated on what she is doing. We certainly appreciate all that you have done.

      “Then, we want to thank your family for allowing you to be here and to share you for these many years, because I am sure with these late night hours that you have worked, you have not been able to spend that much time with them. You will have time with them now. I wish you well in your retirement, but I bet you won’t retire. I will bet that you will find something else to do. Good luck!”

 

      The President declared the question before the Senate to be the adoption of Senate Resolution 8678.

      The motion by Senator McCaslin carried and Senate Resolution 8678 was adopted.

 

REMARKS BY PRESIDENT OWEN

 

      President Owen: “Mary, I have the pleasure at this time of being able to actually sign a resolution. They even let me put my name on it, too, as well as the Secretary of the Senate. With your indulgence and your permission, the President would like to make a couple of comments. First off, there are a couple of you who should have stood up and apologized. I say that because there have been a couple of sessions where something happened that inspired you to have the words ‘spread upon the Journal,’ of some brilliant remark that some Senator has made, which went on for fifteen or twenty minutes. I don’t know if you know, but Mary has to transcribe that by hand. She has done that faithfully.

      “You may have noticed that I will once in awhile lean over like this----that is asking those questions like, ‘Mary, where are we--what are actually on--what motion or has this motion been made,’ and she has it all right there. I can’t tell you how dedicated that she has been to this place over the years. It has been a pleasure and an honor and a sense of relief for me to have--and for all of us to have her sitting in that chair there.

      “I also have learned something else. That is, what the look means--do you ever notice--the look means you screwed up. She is right every time, so it has been a great pleasure. We are going to miss you. So that you don’t forget us, we have a couple of gifts for you from the Senate and from some of the staff up here and myself. To start with, this bouquet of flowers is in crystal vase with the Seal of the state of Washington on it. Here is another little gift we would like to give to you and we would be happy to have you open it so the Senators can see it. Again, it is crystal, a jewelry box with the Seal of the state of Washington on it with a nice inscription, which reads, ‘Mary Wiley, we thank you, The Washington State Senate.’ In addition to that, we do have a gift certificate to you for Anthonys, and I am available this evening–I don’t know, six o’clock?”

 

REMARKS BY MARY WILEY

 

      Mary Wiley: “Well, this is quite a surprise! When I told Milt, before the session started, that this would be my last Journal--and no one has really said much about it, I thought that maybe it was not going to happen. I didn’t know, but I was still planning to retire after I finished the Journal this year. I do thank you for all your cooperation and all the kind words today. I wish they were all true. I have enjoyed ever minute I have been here and it has been a challenge at times, but the Journals have been printed and I thank you all again.

      “I see my family back there. What a nice surprise to have them here! I saw them a few days ago at Easter and get to see them again a couple of days later. They are here with the grandchildren and I will talk to them later.”

 

 

 

REMARKS BY PRESIDENT OWEN

 

      President Owen: “I probably shouldn’t have announced out loud that you had that gift certificate for dinner, since they are all here. I suspect someone will probably stand up and make a motion to spread upon the Journal all the words of this resolution. Senator Deccio–”

 

REMARKS BY SENATOR DECCIO

 

      Senator Deccio: “I move that the remarks by Mary Wiley be entered into the Journal. Thank you.”

 

REMARKS BY SENATOR HAUGEN

 

      Senator Haugen: “Yes, Mr. President, I think we need to have the words said about her also be entered in the Journal--not just her words.”

 

REPLY BY THE PRESIDENT

 

      President Owen: “I accept that as a friendly amendment. Mary, are you getting this down?”

      The President declared the motion before the Senate to be the motion, as amended, to have the words of this resolution be spread upon the Journal.

      The motion carried and the words on Resolution 8678 will be spread upon the Journal.

 

REMARKS BY THE PRESIDENT

 

      President Owen: “Mary, will you get right to work on that? It is a great privilege and honor for the President to be able to introduce the wonderful family of Mary Wiley that is here with us today. Hopefully, I have everybody--I am not sure, but I do have Jim Wiley, her eldest son; her eldest daughter, Linda Wiley and her son--Mary’s grandson, Evan Wiley; her daughter, Jo Allen; and her son Jon Wiley and his wife Nicole and their children--Mary’s grandchildren--Lauren, Blake, Laurissa and Tessa Wiley. Welcome to the Washington State Senate and thank you for sharing her with us for twenty-five years.

      “I am suppose to announce that there is going to be a reception for Mary in the Reception Room directly after recess or adjournment.”

 

      At 12:16 p.m., on motion of Senator Sheahan, the Senate recessed until 2:00 p.m.

 

      The Senate was called to order at 2:00 p.m. by President Owen.

 

MESSAGE FROM THE HOUSE

 

April 25, 2003

MR. PRESIDENT:

      The Speaker has signed:

      SENATE BILL NO. 5049,

      SUBSTITUTE SENATE BILL NO. 5051,

      SUBSTITUTE SENATE BILL NO. 5062,

      SECOND SUBSTITUTE SENATE BILL NO. 5074,

      SUBSTITUTE SENATE BILL NO. 5120,

      SUBSTITUTE SENATE BILL NO. 5204,

      SENATE BILL NO. 5211,

      SUBSTITUTE SENATE BILL NO. 5226,

      SUBSTITUTE SENATE BILL NO. 5358,

      SUBSTITUTE SENATE BILL NO. 5409,

      SENATE BILL NO. 5507,

      SENATE BILL NO. 5662, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 25, 2003

MR. PRESIDENT:

      The Speaker has signed:

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5135,

      SUBSTITUTE SENATE BILL NO. 5221,

      SENATE BILL NO. 5413,

      SUBSTITUTE SENATE BILL NO. 5575,

      SENATE BILL NO. 5705, 

      SUBSTITUTE SENATE BILL NO. 5716,

      SUBSTITUTE SENATE BILL NO. 5737,

      SUBSTITUTE SENATE BILL NO. 5749,

      SUBSTITUTE SENATE BILL NO. 5751,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5779,

      SUBSTITUTE SENATE BILL NO. 5811, 

 

      SUBSTITUTE SENATE BILL NO. 5829,

      SENATE BILL NO. 5865,

      SECOND SUBSTITUTE SENATE BILL NO. 5890, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 25, 2003

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5912,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5942,

      SENATE BILL NO. 5959,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5977,

      SUBSTITUTE SENATE BILL NO. 5995,

      SENATE JOINT MEMORIAL NO. 8000,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8002, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 25, 2003

MR. PRESIDENT:

      The Speaker has signed:

      SENATE BILL NO. 5011,

      ENGROSSED SENATE BILL NO. 5014,

      SENATE BILL NO. 5042,

      SENATE BILL NO. 5065,

      SUBSTITUTE SENATE BILL NO. 5105,

      SUBSTITUTE SENATE BILL NO. 5133,

      SENATE BILL NO. 5176,

      SUBSTITUTE SENATE BILL NO. 5218,

      SUBSTITUTE SENATE BILL NO. 5237,

      ENGROSSED SENATE BILL NO. 5245,

      SUBSTITUTE SENATE BILL NO. 5305,

      SUBSTITUTE SENATE BILL NO. 5327,

      SUBSTITUTE SENATE BILL NO. 5335,

      ENGROSSED SENATE BILL NO. 5343,

      ENGROSSED SENATE BILL NO. 5379,

      SUBSTITUTE SENATE BILL NO. 5434,

      SUBSTITUTE SENATE BILL NO. 5457,

      SUBSTITUTE SENATE BILL NO. 5473,

      SENATE BILL NO. 5477,

      SUBSTITUTE SENATE BILL NO. 5509,

      SUBSTITUTE SENATE BILL NO. 5579,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5586,

      SUBSTITUTE SENATE BILL NO. 5592,

      SUBSTITUTE SENATE BILL NO. 5596,

      SUBSTITUTE SENATE BILL NO. 5602,

      SECOND SUBSTITUTE SENATE BILL NO. 5694, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 25, 2003

MR. PRESIDENT:

      The Speaker has signed:

      SENATE BILL NO. 5094,

      SENATE BILL NO. 5134,

      ENGROSSED SENATE BILL NO. 5256,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5299,

      SUBSTITUTE SENATE BILL NO. 5396,

      SUBSTITUTE SENATE BILL NO. 5407,

      SUBSTITUTE SENATE BILL NO. 5786,

      SUBSTITUTE SENATE BILL NO. 5868,

      SUBSTITUTE SENATE BILL NO. 5933,

      SENATE BILL NO. 5970,

      SUBSTITUTE SENATE BILL NO. 5996, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

 

MESSAGE FROM THE HOUSE

 

April 25, 2003

MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE SENATE BILL NO. 5144,

      SENATE BILL NO. 5156,

      SUBSTITUTE SENATE BILL NO. 5189,

      ENGROSSED SENATE BILL NO. 5210,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5223,

      SUBSTITUTE SENATE BILL NO. 5236,

      SUBSTITUTE SENATE BILL NO. 5248,

      SUBSTITUTE SENATE BILL NO. 5274,

      SENATE BILL NO. 5284,

      SENATE BILL NO. 5410,

      SENATE BILL NO. 5512,

      SENATE BILL NO. 5515,

      SUBSTITUTE SENATE BILL NO. 5600,

      SUBSTITUTE SENATE BILL NO. 5601,

      SUBSTITUTE SENATE BILL NO. 5616,

      SUBSTITUTE SENATE BILL NO. 5641,

      SENATE BILL NO. 5654,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5713,

      SENATE BILL NO. 5726,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5766,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5785,

      SUBSTITUTE SENATE BILL NO. 5787,

      SUBSTITUTE SENATE BILL NO. 5824,

      SENATE BILL NO. 5893,

      SENATE BILL NO. 5898,

      SENATE BILL NO. 5935,

      SENATE JOINT MEMORIAL NO. 8003,

      SENATE JOINT MEMORIAL NO. 8012,

      SENATE JOINT MEMORIAL NO. 8015, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

 

MOTION

 

      On motion of Senator Hewitt, Senators Finkbeiner and Horn were excused.

 

MOTION

 

      On motion of Senator Sheahan, the Senate advanced to the sixth order of business.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      On motion of Senator Poulsen, Gubernatorial Appointment No. 9157, Carla Maulden, as a member of the Higher Education Facilities Authority, was confirmed.

      Senators Poulsen and Carlson spoke to the confirmation of Carla Maulden as a member of the Higher Education Facility Authority.

 

 

APPOINTMENT OF CARLA MAULDEN

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Absent: Senators Doumit and Roach - 2.

     Excused: Senators Finkbeiner and Horn - 2.

 

 

MOTION

 

      On motion of Senator Hewitt, Senator Roach was excused.

 

MOTION

 

      On motion of Senator Eide, Senator Doumit was excused.

 

MOTION

 

      On motion of Senator Rasmussen, Gubernatorial Appointment No. 9169, Dave Fisher, as a member of the Academic Achievement and Accountability Commission, was confirmed.

 

APPOINTMENT OF DAVE FISHER

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Excused: Senators Doumit, Finkbeiner, Horn and Roach - 4.

 

INTRODUCTION OF FORMER GOVERNORS

 

      The President welcomed and introduced former Governor Booth Gardner and former Governor Dan Evans, who were standing in the back of the Chamber.


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


MESSAGE FROM THE HOUSE

April 16, 2003


MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5974, with the following amendment(s):

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 47.60.135 and 1997 c 323 s 2 are each amended to read as follows:

       (1) The charter use of Washington State Ferry vessels when established route operations and normal user requirements are not disrupted is permissible. In establishing chartering agreements, Washington State Ferries shall consider the special needs of local communities and interested parties. Washington State Ferries shall use sound business judgment and be sensitive to the interests of existing private enterprises.

       (2) Consistent with the policy as established in subsection (1) of this section, the ((general manager)) chief executive officer of the Washington State Ferries may approve agreements for the chartering of Washington State Ferry vessels to groups or individuals, including hazardous material transporters, in accordance with the following:

       (a) Vessels may be committed to charter only when established route operation and normal user requirements are not disrupted or inconvenienced. If a vessel is engaged in the transport of hazardous materials, the transporter shall pay for all legs necessary to complete the charter, even if the vessel is simultaneously engaged in an operational voyage on behalf of Washington State Ferries.

       (b) Charter rates for vessels must be established at actual vessel operating costs plus ((fifty percent of such actual costs rounded to the nearest fifty dollars)) a market-rate profit margin. Actual vessel operating costs include, but are not limited to, all labor, fuel, and vessel maintenance costs incurred due to the charter agreement, including deadheading and standby.

       (c) ((Recognizing the need for stabilized charter rates in order to encourage use of vessels, rates must be established and revised July 1st of each year and must remain fixed for a one-year period unless actual vessel operating costs increase five percent or more within that year, in which case the charter rates must be revised in accordance with (b) of this subsection.

       (d) All charter agreements must be in writing and substantially in the form of (e) of this subsection and available, with calculations, for inspection by the legislature and the public.

       (e))) Parties chartering Washington State Ferry vessels shall comply with all applicable laws, rules, and regulations during the charter voyage, and failure to so comply is cause for immediate termination of the charter voyage.


(("CHARTER CRUISE AGREEMENT


     On this . . . . day of . . . ., . . . ., Washington State Ferries (WSF) and . . . . ., hereinafter called Lessee, enter into this agreement for rental of a ferry vessel for the purpose of a charter voyage to be held on . . . . ., the parties agree as follows:

     1. WSF agrees to supply the vessel . . . . . (subject to change) for the use of the Lessee from the period from . . . . . to . . . . . on . . . . . (date).

     2. The maximum number of passengers; or in the case of hazardous materials transports, trucks and trailers; that will be accommodated on the assigned vessel is . . . . .. This number MAY NOT be exceeded.

     3. The voyage will originate at . . . . ., and the route of travel during the voyage will be as follows:

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

     4. The charge for the above voyage is . . . . . dollars ($ . . .) plus a property damage deposit of $350 for a total price of $ . . . ., to be paid by cashier's check three working days before the date of the voyage at the offices of the WSF at Seattle Ferry Terminal, Pier 52, Seattle, Washington 98104. The Lessee remains responsible for property damage in excess of $350.

     5. WSF is responsible only for the navigational operation of the chartered ferry and in no way is responsible for directing voyage activities, providing equipment, or any food service.

     6. Other than for hazardous materials transport, the voyage activities must be conducted exclusively on the passenger decks of the assigned ferry. Voyage patrons will not be permitted to enter the pilot house or the engine room, nor shall the vehicle decks be used for any purpose other than loading or unloading of voyage patrons or hazardous materials.

     7. If the Lessee or any of the voyage patrons will possess or consume alcoholic beverages aboard the vessel, the Lessee must obtain the appropriate licenses or permits from the Washington State Liquor Control Board. The Lessee must furnish copies of any necessary licenses or permits to WSF at the same time payment for the voyage is made. Failure to comply with applicable laws, rules, and regulations of appropriate State and Federal agencies is cause for immediate termination of the voyage, and WSF shall retain all payments made as liquidated damages.

     8. WSF is not obligated to provide shoreside parking for the vehicles belonging to voyage patrons.

     9. The Lessee recognizes that the primary function of the WSF is for the cross-Sound transportation of the public and the maintaining of the existing schedule. The Lessee recognizes therefore the right of WSF to cancel a voyage commitment without liability to the Lessee due to unforeseen circumstances or events that require the use of the chartered vessel on its scheduled route operations. In the event of such a cancellation, WSF agrees to refund the entire amount of the charter fee to the Lessee.

     10. The Lessee agrees to hold WSF harmless from, and shall process and defend at its own expense, all claims, demands, or suits at law or equity, of whatever nature brought against WSF arising in whole or in part from the performance of provisions of this agreement. This indemnity provision does not require the Lessee to defend or indemnify WSF against any action based solely on the alleged negligence of WSF.

     11. This writing is the full agreement between the parties.

.WASHINGTON STATE FERRIES

Lessee

By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

General Manager"))

     Sec. 2. RCW 47.60.140 and 1995 1st sp.s. c 4 s 2 are each amended to read as follows:

     (1) The department is empowered to operate such ferry system, including all operations, whether intrastate or international, upon any route or routes, and toll bridges as a revenue-producing and self- liquidating undertaking. The department has full charge of the construction, rehabilitation, rebuilding, enlarging, improving, operation, and maintenance of the ferry system, including toll bridges, approaches, and roadways incidental thereto that may be authorized by the department, including the collection of tolls and other charges for the services and facilities of the undertaking. The department has the exclusive right to enter into leases and contracts for use and occupancy by other parties of the concessions and space located on the ferries, wharves, docks, approaches, parking lots, and landings, including the selling of commercial advertising space and licenses to use the Washington State Ferries trademarks, but, except as provided in subsection (2) of this section, no such leases or contracts may be entered into for more than ten years, nor without a competitive contract process, except as otherwise provided in this section. The competitive process shall be either an invitation for bids in accordance with the process established by chapter 43.19 RCW, or a request for proposals in accordance with the process established by RCW 47.56.030. All revenues from commercial advertising, concessions, parking, leases, and contracts must be deposited in the Puget Sound ferry operations account in accordance with RCW 47.60.150.

     (2) As part of a joint development agreement under which a public or private developer constructs or installs improvements on ferry system property, the department may lease all or part of such property and improvements to such developers for that period of time, not to exceed fifty-five years, or not to exceed thirty years for those areas located within harbor areas, which the department determines is necessary to allow the developer to make reasonable recovery on its initial investment. Any lease entered into as provided for in this subsection that involves state aquatic lands shall conform with the Washington state Constitution and applicable statutory requirements as determined by the department of natural resources. That portion of the lease rate attributable to the state aquatic lands shall be distributed in the same manner as other lease revenues derived from state aquatic lands as provided in RCW 79.24.580.

     (3) The department shall include in the strategic planning and performance assessment process, as required by RCW 43.88.090, an analysis of the compatibility of public and private partnerships with the state ferry system's core business, and the department's efforts to maximize nonfarebox revenues and provide benefit to the public users of the ferry system facilities. The department shall include an assessment of the need for an open solicitation to identify and select possible public or private partnerships in order to maximize the value of projects and the state's investment in current and future ferry system operations.

     (a) When the department determines that an open solicitation is necessary, a request for proposal shall be released, consisting of an open solicitation outlining functional specifications to be used as the basis for selecting partnerships in the project.

     (b) Any responses to the request for proposal shall be evaluated, at a minimum, on the basis of compatibility with the state ferry system's core business, potential to maximize nonfarebox revenue, longevity of the possible partnership commitment, and benefit to the public users of the ferry system facilities.

     (c) If no responses are received, or those that are received are incompatible with ferry system operations, or do not meet the criteria stated in (b) of this subsection, the state ferry system may proceed with state ferry system operating strategies designed to achieve state ferry system objectives without established partnerships.

     Sec. 3. RCW 47.60.150 and 1999 c 94 s 26 are each amended to read as follows:

     Subject to the provisions of RCW 47.60.326, the schedule of charges for the services and facilities of the system shall be fixed and revised from time to time by the commission so that the tolls and other revenues deposited in the Puget Sound ferry operations account for maintenance and operation, and all moneys in the Puget Sound capital construction account available for debt service will yield annual revenue and income sufficient, after allowance for all operating, maintenance, and repair expenses to pay the interest and principal and sinking fund charges for all outstanding revenue bonds, and to create and maintain a fund for ordinary renewals and replacements: PROVIDED, That if provision is made by any resolution for the issuance of revenue bonds for the creation and maintenance of a special fund for rehabilitating, rebuilding, enlarging, or improving all or any part of the ferry system then such schedule of tolls and rates of charges shall be fixed and revised so that the revenue and income will also be sufficient to comply with such provision.

     All income and revenues as collected by the ferry system from any source shall be paid to the state treasurer for the account of the department and deposited into the Puget Sound ferry operations account. Nothing in this section requires tolls on the Hood Canal bridge except as may be required by any bond covenants.

     Sec. 4. RCW 47.60.326 and 2001 1st sp.s. c 1 s 1 are each amended to read as follows:

     (1) In order to maintain an adequate, fair, and economically sound schedule of charges for the transportation of passengers, vehicles, and commodities on the Washington state ferries, the department of transportation each year shall conduct a full review of such charges.

     (2) Prior to February 1st of each odd-numbered year the department shall transmit to the transportation commission a report of its review together with its recommendations for the revision of a schedule of charges for the ensuing biennium. The commission on or before July 1st of that year shall adopt as a rule, in the manner provided by the Washington administrative procedure act, a schedule of charges for the Washington state ferries for the ensuing biennium commencing July 1st. The schedule may initially be adopted as an emergency rule if necessary to take effect on, or as near as possible to, July 1st.

     (3) The department in making its review and formulating recommendations and the commission in adopting a schedule of charges may consider any of the following factors:

     (a) The amount of subsidy available to the ferry system for maintenance and operation;

     (b) The time and distance of ferry runs;

     (c) The maintenance and operation costs for ferry runs with a proper adjustment for higher costs of operating outmoded or less efficient equipment;

     (d) The efficient distribution of traffic between cross-sound routes;

     (e) The desirability of reasonable commutation rates for persons using the ferry system to commute daily to work;

     (f) The effect of proposed fares in increasing walk-on and vehicular passenger use;

     (g) The effect of proposed fares in promoting all types of ferry use during nonpeak periods;

     (h) The estimated revenues that are projected to be earned by the ferry system from commercial advertisements, parking, contracts, leases, and other sources;

     (I) Such other factors as prudent managers of a major ferry system would consider.

     (4) If at any time during the biennium it appears that projected revenues from the Puget Sound ferry operations account and any other operating subsidy available to the Washington state ferries will be less than the projected total cost of maintenance and operation of the Washington state ferries for the biennium, the department shall forthwith undertake a review of its schedule of charges to ascertain whether or not the schedule of charges should be revised. The department shall, upon completion of its review report, submit its recommendation to the transportation commission which may in its sound discretion revise the schedule of charges as required to meet necessary maintenance and operation expenditures of the ferry system for the biennium or may defer action until the regular annual review and revision of ferry charges as provided in subsection (2) of this section.

     (5) The provisions of RCW 47.60.330 relating to public participation shall apply to the process of revising ferry tolls under this section.

     (6) Under RCW 43.135.055, the transportation commission may increase ferry tolls included in the schedule of charges adopted under this section by a percentage that exceeds the fiscal growth factor.

     (7) Notwithstanding the provisions of this section and chapter 81.28 RCW, and using sound business judgment, the chief executive officer of the ferry system may authorize the use of promotional, discounted, and special event fares to the general public and commercial enterprises for the purpose of maximizing capacity use and the revenues collected by the ferry system. The department shall report to the transportation commission a summary of the promotional, discounted, and special event fares offered during each fiscal year and the financial results from these activities.

     Sec. 5. RCW 47.60.330 and 1983 c 15 s 26 are each amended to read as follows:

     (1) Before a substantial expansion or curtailment in the level of service provided to ferry users, or a revision in the schedule of ferry tolls or charges, the department of transportation shall consult with affected ferry users. The consultation shall be: (a) By public hearing in affected local communities; (b) by



review with the affected ferry advisory committees pursuant to RCW 47.60.310; (c) by conducting a survey of affected ferry users; or (d) by any combination of (a) through (c). Promotional, discount, and special event fares that are not part of the published schedule of ferry charges or tolls are exempt. The department shall report an accounting of all exempt revenues to the transportation commission each fiscal year.

     (2) There is created a ferry system productivity council consisting of a representative of each ferry advisory committee empanelled under RCW 47.60.310, elected by the members thereof, and two representatives of employees of the ferry system appointed by mutual agreement of all of the unions representing ferry employees, which shall meet from time to time with ferry system management to discuss means of improving ferry system productivity.

     (3) Before increasing ferry tolls the department of transportation shall consider all possible cost reductions with full public participation as provided in subsection (1) of this section and, consistent with public policy, shall consider adapting service levels equitably on a route-by-route basis to reflect trends in and forecasts of traffic usage. Forecasts of traffic levels shall be developed by the bond covenant traffic engineering firm appointed under the provisions of RCW 47.60.450. Provisions of this section shall not alter obligations under RCW 47.60.450. Before including any toll increase in a budget proposal by the commission, the department of transportation shall consult with affected ferry users in the manner prescribed in (1)(b) of this section plus the procedure of either (1) (a) or (c) of this section."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Benton, the Senate concurred in the House amendment to Substitute Senate Bill No. 5974.


POINT OF INQUIRY


    Senator Haugen: “Senator Sheahan, does the House amendment require an open solicitation for public and private partnerships for the procurement of vessels?”

    Senator Sheahan: “No, Senator, the House amendment applies to the procurement of terminals and for other activities--not vessels. It does not mandate that an open solicitation must occur.”

    Senator Haugen: “Thank you, Senator.”


    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5974, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5974, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Finkbeiner and Horn - 2.

    SUBSTITUTE SENATE BILL NO. 5974, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM HOUSE


April 23, 2003


MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8402, with the following amendment(s):

     On page 2, line 8, after "(4)" insert "Members of the house of representatives and the senate;"

     Renumber the remaining subsections consecutively

     On page 2, line 23, after "(14)" strike all material through "representatives;" on line 26

     Renumber the remaining subsections consecutively., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

MOTION


    On motion of Senator Honeyford, the Senate concurred in the House amendments to Substitute Senate Concurrent Resolution No. 8402.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Concurrent Resolution No. 8402, as amended by the House.

ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8402, as amended by the House, and the concurrent resolution passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

     Voting nay: Senator Poulsen - 1.

     Absent: Senator Kline - 1.

     Excused: Senators Finkbeiner and Horn - 2.

    SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8402, as amended by the House, having received the constitutional majority, was declared passed.


MOTION


    On motion of Senator Eide, Senator McAuliffe was excused.



MESSAGE FROM THE HOUSE

April 24, 2003


MR. PRESIDENT:

    The House has passed ENGROSSED SENATE BILL NO. 5676, with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 28B.101.005 and 1990 c 288 s 2 are each amended to read as follows:

     The legislature finds that many individuals in the state of Washington have attended college and received an associate of arts or associate of science degree, or ((its)) the equivalent, but are placebound.

     The legislature intends to establish an educational opportunity grant program for placebound students who have completed an associate of arts or associate of science degree, or ((its)) the equivalent, in an effort to increase their participation in and completion of upper- division programs.

     Sec. 2. RCW 28B.101.010 and 1990 c 288 s 3 are each amended to read as follows:

     The educational opportunity grant program is hereby created ((as a demonstration project)) to serve placebound financially needy students by assisting them to obtain a baccalaureate degree at public and private institutions of higher education ((which have the capacity to accommodate such students within existing educational programs and facilities)) approved for participation by the higher education coordinating board.

     Sec. 3. RCW 28B.101.020 and 1990 c 288 s 4 are each amended to read as follows:

     (1) For the purposes of this chapter, "placebound" means unable to ((relocate to)) complete a college program because of family or employment commitments, health concerns, monetary inability, or other similar factors.

     (2) To be eligible for an educational opportunity grant, applicants must be placebound residents of the state of Washington as defined in RCW 28B.15.012(2) (a) through (d), who: (a) Are needy students as defined in RCW 28B.10.802(3); and ((who)) (b) have completed the associate of arts or associate of science degree or ((its)) the equivalent. A placebound resident is one who may be influenced by the receipt of an enhanced student financial aid award to ((attend an institution that has existing unused capacity rather than attend a branch campus established pursuant to chapter 28B.45 RCW)) complete a baccalaureate degree at an eligible institution. An eligible placebound applicant is further defined as a person ((whose residence is located in an area served by a branch campus who, because of family or employment commitments, health concerns, monetary need, or other similar factors,)) who would be unable to complete ((an upper- division)) a baccalaureate course of study but for receipt of an educational opportunity grant.

     Sec. 4. RCW 28B.101.040 and 2002 c 186 s 3 are each amended to read as follows:

     Grants may be used by eligible participants to attend any public or private college or university in the state of Washington that is accredited by an accrediting association recognized by rule of the higher education coordinating board for the program and that ((has an existing unused capacity. Grants shall not be used to attend any branch campus or educational program established under chapter 28B.45 RCW)) complies with eligibility criteria established by rule of the higher education coordinating board. The participant shall not be eligible for a grant if it will be used for any programs that include religious worship, exercise, or instruction or to pursue a degree in theology. Each participating student may receive up to two thousand five hundred dollars per academic year, not to exceed the student's demonstrated financial need for the course of study. ((Resident students as defined in RCW 28B.15.012(2)(f) are not eligible for grants under this chapter.))

     Sec. 5. RCW 28B.119.010 and 2002 c 204 s 2 are each amended to read as follows:

     The higher education coordinating board shall design the Washington promise scholarship program based on the following parameters:

     (1) Scholarships shall be awarded to students graduating from public and approved private high schools under chapter 28A.195 RCW ((and)), students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, who meet both an academic and a financial eligibility criteria.

     (a) Academic eligibility criteria shall be defined as follows:

     (I) Beginning with the graduating class of 2002, students graduating from public and approved private high schools under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective high school at the completion of the first term of the student's senior year; or

     (ii) Students graduating from public high schools, approved private high schools under chapter 28A.195 RCW, ((and)) students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, must equal or exceed a cumulative scholastic assessment test I score of twelve hundred on their first attempt or must equal or exceed a composite American college test score of twenty-seven on their first attempt.

     (b) To meet the financial eligibility criteria, a student's family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family size, as determined by the higher education coordinating board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits may reapply for the second year of benefits, but must still meet the income standard set by the board for the student's graduating class.

     (2) Promise scholarships are not intended to supplant any grant, scholarship, or tax program related to postsecondary education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial eligibility criteria or the amount of scholarship to the level necessary to avoid supplanting.

     (3) Within available funds, each qualifying student shall receive two consecutive annual awards, the value of each not to exceed the full-time annual resident tuition rates charged by Washington's community colleges. The higher education coordinating board shall award scholarships to as many students as possible from among those qualifying under this section.

     (4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into consideration the availability of funds.

     (5) The scholarships may only be used for undergraduate coursework at accredited institutions of higher education in the state of Washington.

     (6) The scholarships may be used for undergraduate coursework at Oregon institutions of higher education that are part of the border county higher education opportunity project in RCW 28B.80.806 when those institutions offer programs not available at accredited institutions of higher education in Washington state.

     (7) The scholarships may be used for college-related expenses, including but not limited to, tuition, room and board, books, and materials.

     (8) The scholarships may not be awarded to any student who is pursuing a degree in theology.

     (9) The higher education coordinating board may establish satisfactory progress standards for the continued receipt of the promise scholarship.

     (10) The higher education coordinating board shall establish the time frame within which the student must use the scholarship."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    Senator Carlson moved that the Senate concur in the House amendment to Engrossed Senate Bill No. 5676.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Carlson that the Senate concur in the House amendment to Engrossed Senate Bill No. 5676, as amended by the House.

    The motion by Senator Carlson carried and the Senate concurred in the House amendment to Engrossed Senate Bill No. 5676.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5676, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5676, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Hale, Hargrove, Hewitt, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Parlette, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West and Zarelli - 36.

     Voting nay: Senators Franklin, Fraser, Haugen, Honeyford, Jacobsen, Mulliken, Oke, Poulsen, Regala, Spanel, Thibaudeau and Winsley - 12.

     Excused: Senator McAuliffe - 1.

    ENGROSSED SENATE BILL NO. 5676, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 24, 2003


MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE BILL NO. 6054, with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. The legislature finds that the enactment of chapter 236, Laws of 1988 amended the definition of employer under the industrial welfare act, chapter 49.12 RCW, to ensure that the family care provisions of that act applied to the state and political subdivisions. The legislature further finds that this amendment of the definition of employer may be interpreted as creating an ambiguity as to whether the other provisions of chapter 49.12 RCW have applied to the state and its political subdivisions. The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of chapter 49.12 RCW and chapter 236, Laws of 1988 and resolve any ambiguity. It is the intent of the legislature to establish that, prior to the effective date of this act, chapter 49.12 RCW and the rules adopted thereunder did not apply to the state or its agencies and political subdivisions except as expressly provided for in RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460.

     Sec. 2. RCW 49.12.005 and 1998 c 334 s 1 are each amended to read as follows:

     For the purposes of this chapter:

     (1) ((The term)) "Department" means the department of labor and industries.

     (2) ((The term)) "Director" means the director of the department of labor and industries, or the director's designated representative.

     (3) ((The term)) (a) Before the effective date of this act, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees ((and)) but does not include the state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasi-municipal corporation. However, for the purposes of RCW ((49.12.270)) 49.12.265 through 49.12.295 ((and)), 49.12.350 through 49.12.370, 49.12.450, and 49.12.460 only, "employer" also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.

     (b) On and after the effective date of this act, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with: (I) Any state statute or rule; and (ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.

     (4) ((The term)) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.

     (5) ((The term)) "Conditions of labor" ((shall)) means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.

     (6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.

     Sec. 3. RCW 49.12.187 and 1973 2nd ex.s. c 16 s 18 are each amended to read as follows:

     This chapter shall not be construed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment.

     Employees of public employers may enter into collective bargaining contracts, labor/management agreements, or other mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, rules adopted under this chapter regarding appropriate rest and meal periods.

     Sec. 4. RCW 49.12.360 and 1989 1st ex.s. c 11 s 23 are each amended to read as follows:

     (1) An employer must grant an adoptive parent or a stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the same terms as the employer grants to biological parents. As a term of leave, an employer may restrict leave to those living with the child at the time of birth or initial placement.

     (2) An employer must grant the same leave upon the same terms for men as it does for women.

     (3) The department shall administer and investigate violations of this section. Notices of infraction, penalties, and appeals shall be administered in the same manner as violations under RCW 49.12.285.

     (4) ((For purposes of this section, "employer" includes all private and public employers listed in RCW 49.12.005(3).

     (5))) For purposes of this section, "leave" means any leave from employment granted to care for a newborn or a newly adopted child at the time of placement for adoption.

     (((6))) (5) Nothing in this section requires an employer to:

     (a) Grant leave equivalent to maternity disability leave; or

     (b) Establish a leave policy to care for a newborn or newly placed child if no such leave policy is in place for any of its employees.

     Sec. 5. RCW 49.12.460 and 2001 c 173 s 1 are each amended to read as follows:

     (1) An employer may not discharge from employment or discipline a volunteer fire fighter because of leave taken related to an alarm of fire or an emergency call.

     (2)(a) A volunteer fire fighter who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director. The volunteer fire fighter may allege a violation only by filing such a complaint within ninety days of the alleged violation.

     (b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated. Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.

     (c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer fire fighter may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.

     (d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.

     (3) For the purposes of this section:

     (a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.

     (b) "Employer" means ((any person)) an employer who had twenty or more full-time equivalent employees in the previous year.

     (c) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.

     (d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.

     (e) "Volunteer fire fighter" means a fire fighter who:

     (I) Is not paid;

     (ii) Is not already at his or her place of employment when called to serve as a volunteer, unless the employer agrees to provide such an accommodation; and

     (iii) Has been ordered to remain at his or her position by the commanding authority at the scene of the fire.

     (4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section.

     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 2 of the title, after "employers;" strike the remainder of the title and insert "amending RCW 49.12.005, 49.12.187, 49.12.360, and 49.12.460; creating a new section; and declaring an emergency.", and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Rossi, the Senate concurred in the House amendments to Substitute Senate Bill No. 6054.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6054, as amended by the House.

ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6054, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McAuliffe - 1.

    SUBSTITUTE SENATE BILL NO. 6054, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


    On motion of Senator Eide, Senator Kastama was excused.

 

MESSAGE FROM THE HOUSE

April 23, 2003


MR. PRESIDENT:

    The House has passed SUBSTITUTE SENATE BILL NO. 5179 with the following amendment(s):Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 77.12 RCW to read as follows:

     (1) The legislature finds that a professionally managed and regulated trapping program is not only vital to the health of Washington's wildlife populations, but is also consistent with the state's obligations to manage all natural resources in trust for the common good of all citizens.

     (2) The legislature further finds that it is in the interest of all of the citizens of Washington to ensure that all trapping is done in accordance with sound scientific wildlife management principles using humane methods as set forth in this act. It is the legislature's intent to implement a sound furbearer management program, administered using sound science by the department of fish and wildlife, that addresses an animal problem as defined in RCW 77.08.010.

     (3) The legislature further finds that humanely regulated trapping practices used to control animal problems contribute positively to the economic well-being of the state of Washington, to public health and welfare by assisting to control the spread of animal-borne disease, and to the protection of private and public property from damage resulting from uncontrolled animal populations.

     (4) The legislature further finds that the sale, trade, or barter of wild animal pelts is consistent with the legislature's intent not to waste a valuable wildlife resource.

     (5) The legislature recognizes that among the choices available for the trapping of animals, some may cause pain and suffering in the animals captured. The legislature further recognizes that some trapping methods can capture animals that are not targeted, including pets. It is the policy of the state of Washington to minimize the use of indiscriminate or painful traps and to use all traps humanely. When lethal trapping methods are used, such methods must be used in the most humane way that accomplishes the goal of reducing animal problems. All trappers in the state should use all practicable means necessary to avoid the capture of a nontargeted animal.

     Sec. 2. RCW 77.08.010 and 2002 c 281 s 2 are each amended to read as follows:

     As used in this title or rules adopted under this title, unless the context clearly requires otherwise:

     (1) "Director" means the director of fish and wildlife.

     (2) "Department" means the department of fish and wildlife.

     (3) "Commission" means the state fish and wildlife commission.

     (4) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

     (5) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

     (6) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

     (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

     (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

     (9) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

     (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.

     (11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.

     (12) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.

     (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.

     (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

     (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

     (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

     (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.

     (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

     (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

     (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

     (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

     (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

     (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

     (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

     (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

     (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

     (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

     (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.

     (29) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

     (30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

     (31) "Senior" means a person seventy years old or older.

     (32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.

     (33) "Saltwater" means those marine waters seaward of river mouths.

     (34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

     (35) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

     (36) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

     (37) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

     (38) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.

     (39) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

     (40) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

     (41) "Commercial" means related to or connected with buying, selling, or bartering.

     (42) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.

     (43) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.

     (44) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

     (45) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.

     (46) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.

     (47) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

     (48) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.

     (49) "Invasive species" means a plant species or a nonnative animal species that either:

     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;

     (b) Threatens or may threaten natural resources or their use in the state;

     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or

     (d) Threatens or harms human health.

     (50) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.

     (51) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.

     (52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.

     (53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.

     (54) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.

     (55) "Body-gripping trap" means a steel trap that grips an animal's body or body part, including steel-jawed foothold trap, neck snare, or foot snare.

     (56) "Raw fur" means a pelt that has not been processed for purposes of retail sale.

     (57) "Animal problem" means damage, injury, or reasonable threat of damage or injury, caused by furbearing mammals, unclassified wildlife, or deleterious exotic wildlife to: Public or private property or resources; livestock or other domestic animals; or human health or safety.

     (58) "Nuisance wildlife" means moles, mice, rats, mountain beavers, gophers, nutria, and other wildlife so designated by the commission by rule.

     (59) "Nuisance bird problem" means damage, injury, or reasonable threat of damage or injury, caused by avian species to: Public or private property or resources; human health; or public safety.

     (60) "Programmatic trapping permit" means a permit issued by the director for the following purposes: (a) For furbearer management unit purposes; (b) to prevent damage or injury, or a reasonable threat of damage or injury, to (I) public or private property or resources; (ii) livestock or other domestic animals; (iii) agricultural, timber, and horticultural resources; (iv) human health or safety; or (v) other purposes so designated by the commission by rule.

     (61) "Conditional use trapping permit" means an emergency permit, limited to specific times, purposes, and areas, issued by the director to address unanticipated and immediate damage or injury to public or private property or resources or other purposes designated by the commission by rule.

     (62) "Restricted use trapping permit" means a permit issued by the director to protect either sensitive or endangered species and habitat, or both, or other purposes designated by the commission by rule.

     Sec. 3. RCW 77.15.194 and 2001 c 1 s 3 are each amended to read as follows:

     It is the duty of every trapper to ensure that all trapping is done humanely. To ensure that this goal is met, all trappers must abide by the following:

     (1) It is unlawful to use or authorize the use of any ((steel-jawed leghold trap, neck snare, or other)) body-gripping trap to capture any mammal ((for recreation or commerce in fur)) without a permit issued by the director, except no trap with teeth or serrated edges may be permitted. The director may only issue a permit under this section for the purposes of addressing an animal problem, nuisance bird problem, capturing live raptors for falconry, for furbearer management program needs, or for conducting scientific research.

     (2) It is unlawful to knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise exchange the raw fur of a mammal or a mammal that has been trapped in ((this state with a steel-jawed leghold trap or any other body-gripping trap, whether or not pursuant to permit.

     (3) It is unlawful to use or authorize the use of any steel-jawed leghold trap or any other body-gripping trap to capture any animal, except as provided in subsections (4) and (5) of this section.

     (4) Nothing in this section prohibits the use of a Conibear trap in water, a padded leghold trap, or a nonstrangling type foot snare with a special permit granted by [the] director under (a) through (d) of this subsection. Issuance of the special permits shall be governed by rules adopted by the department and in accordance with the requirements of this section. Every person granted a special permit to use a trap or device listed in this subsection shall check the trap or device at least every twenty-four hours.

     (a) Nothing in this section prohibits the director, in consultation with the department of social and health services or the United States department of health and human services from granting a permit to use traps listed in this subsection for the purpose of protecting people from threats to their health and safety.

     (b) Nothing in this section prohibits the director from granting a special permit to use traps listed in this subsection to a person who applies for such a permit in writing, and who establishes that there exists on a property an animal problem that has not been and cannot be reasonably abated by the use of nonlethal control tools, including but not limited to guard animals, electric fencing, or box and cage traps, or if such nonlethal means cannot be reasonably applied. Upon making a finding in writing that the animal problem has not been and cannot be reasonably abated by nonlethal control tools or if the tools cannot be reasonably applied, the director may authorize the use, setting, placing, or maintenance of the traps for a period not to exceed thirty days.

     (c) Nothing in this section prohibits the director from granting a special permit to department employees or agents to use traps listed in this subsection where the use of the traps is the only practical means of protecting threatened or endangered species as designated under RCW 77.08.010.

     (d) Nothing in this section prohibits the director from issuing a permit to use traps listed in this subsection, excluding Conibear traps, for the conduct of legitimate wildlife research.

     (5) Nothing in this section prohibits the United States fish and wildlife service, its employees or agents, from using a trap listed in subsection (4) of this section where the fish and wildlife service determines, in consultation with the director, that the use of such traps is necessary to protect species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.))) violation of subsection (1) of this section. To prevent wastage, nothing in this section prohibits the sale, barter, or trade of an animal carcass or pelt, or the donation of an animal carcass or pelt for scientific research or public health training lawfully taken under this title.

     (3)(a) All trapping of wild animals using body-gripping traps must be conducted by trappers licensed by the department under RCW 77.65.450, under a permit from the director, and in accordance with the rules developed by the commission as they relate to wildlife trapping. However, nothing in this section prohibits the use of commonly used traps by public or private property owners or their agents operating on their property to control the following nuisance wildlife: Moles, mice, rats, mountain beavers, gophers, and nutria.

     (b) Furbearing mammals may not be taken from the wild and held alive for sale or personal use. All trapping of furbearing mammals must be conducted in furtherance of a wildlife trapping program being implemented by the department for an animal problem, for scientific research, or for mammal population management as defined by the commission by rule.

     (c) Wildlife unintentionally trapped while trapping to manage an animal problem, or while conducting scientific research, must, if possible, be released unharmed immediately upon discovery. The commission may adopt by rule or guideline procedures for the handling of any animal that is unable to be released unharmed.

     (d) Lawfully trapped wild animals, if not intended for release, must be humanely dispatched, or if intended for release, must be either immediately released or immediately taken to a rehabilitation center, if necessary. The commission may adopt by rule or guideline procedures for the humane dispatch of captured animals.

     (4)(a) It is unlawful for a licensed trapper to fail to complete and submit to the department a report of catch postmarked on or before April 20th of each year. The report must be submitted to the department regardless of trapping success, and indicate the number, general location, and species of all animals captured, including those animals captured that were not part of an animal problem. The report must also include details for domestic pets captured in traps, the circumstances for each specific incident, and if the domestic pet was injured or released unharmed. Trappers who fail to submit an accurate report of catch shall have their trapping privileges suspended for one year. False reports are considered failure to report. It is the responsibility of each licensed trapper to obtain and submit a report of catch on forms provided by the department.

     (b) The department shall maintain and analyze all catch reports received pursuant to (a) of this subsection. Data collected on catch reports must be presented to the appropriate legislative committees by November 30th of each year.

     (5) Federal wildlife management agencies and their employees and agents, while acting lawfully within the scope of their authority, are not subject to the provisions of this section.

     NEW SECTION. Sec. 4. A new section is added to chapter 77.12 RCW to read as follows:

     The commission shall adopt appropriate rules regarding the types of traps and bait for use in capturing wildlife to ensure the humane treatment of captured animals. In adopting these rules, the commission may take into consideration the effectiveness of various trap sizes, approved best management practices, and the habitats in which the traps may be used. These rules must address the time intervals during which specific traps must be checked and animals removed. These rules may not allow for the use of traps with teeth or serrated edges or a neck or body snare attached to a spring pole or any spring pole type device. The commission must also adopt rules for the appropriate disposal of carcasses.

     NEW SECTION. Sec. 5. A new section is added to chapter 77.12 RCW to read as follows:

     The department shall institute a furbearer management program that addresses animal problems and shall only issue programmatic trapping, conditional use, or restricted use trapping permits, as those terms are defined in RCW 77.08.010, and trapping licenses or propose rules consistent with this program.

     Sec. 6. RCW 77.65.450 and 1991 sp.s. c 7 s 3 are each amended to read as follows:

     A state trapping license in combination with a programmatic trapping permit, conditional use trapping permit, or restricted use trapping permit from the director allows the holder to trap fur-bearing animals throughout the state in accordance with the rules adopted by the commission under section 4 of this act; however, a trapper may not place traps on public or private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner. A state trapping license is void on April 1st following the date of issuance. The fee for this license is thirty-six dollars for residents sixteen years of age or older, ((fifteen)) twenty dollars for residents under sixteen years of age, and ((one)) two hundred ((eighty)) dollars for nonresidents. Licensed trappers age fifteen years and younger must be under the direct supervision of a licensed adult trapper when engaged in trapping activities. The fee for a programmatic trapping permit for residents sixteen years of age or older and nonresidents, for animal problems as that term is defined in RCW 77.08.010, is twelve dollars and fifty cents. A trapping license is valid for using body-gripping traps in combination with a permit for the control of animal problems, as that term is defined in RCW 77.08.010, or for scientific research. The live capture of raptors for falconry, or scientific research, by use of a foot snare or other body-gripping trap may also be authorized by rule of the commission.

     Sec. 7. RCW 77.65.460 and 1987 c 506 s 82 are each amended to read as follows:

     All persons purchasing a state trapping license ((for the first time)) after April 1, 2003, shall ((present certification of completion of)) complete a course of instruction in safe, humane, and proper trapping techniques or pass an examination to establish that the applicant has the requisite knowledge. Licensed trappers who have been active in state-regulated trapping since November 2000 are exempt from this provision.

     The director shall establish a program for training persons in trapping techniques and responsibilities in urban, suburban, and rural settings, including the use of trapping devices designed to painlessly capture or instantly kill. The director shall cooperate with ((national and state animal, humane)) recognized Washington state based animal shelters, wildlife rehabilitation centers, and similar entities providing animal care and rehabilitation services, hunter education, and Washington state based trapping organizations in the development and instruction of ((a curriculum)) trapper training. Upon successful completion of the course, trainees shall receive a trapper's training certificate signed by an authorized instructor. This certificate is evidence of compliance with this section.

     Sec. 8. RCW 77.32.545 and 1998 c 190 s 121 are each amended to read as follows:

     A property owner, lessee, or tenant may remove a trap placed on the owner's, lessee's, or tenant's posted or fenced property by a trapper. A property owner, lessee, or tenant who discovers a trap placed on any portion of his or her property that is not authorized by the owner, lessee, or tenant, may report the finding to the department, including whether a live animal is captured in the trap. The commission may adopt by rule or guideline procedures for the handling of live animals discovered in such traps.

     Trappers shall attach to the chain of their traps or devices a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

     When a property owner, lessee, or tenant presents a trapper identification number to the department for a trap found upon the property of the owner, lessee, or tenant and requests identification of the trapper, the department shall provide the requestor with the name and address of the trapper. Prior to disclosure of the trapper's name and address, the department shall obtain the name and address of the requesting individual in writing and after disclosing the trapper's name and address to the requesting individual, the requesting individual's name and address shall be disclosed in writing to the trapper whose name and address was disclosed.

     Sec. 9. RCW 77.15.198 and 2001 c 1 s 5 are each amended to read as follows:

     Any person who violates RCW 77.15.194 or 77.15.196 is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the trapping license of any person convicted of a repeat violation of RCW 77.15.194 or 77.15.196. The director shall not issue the violator a trapping license for a period of five years following the revocation. ((Following a subsequent conviction for a violation of RCW 77.15.194 or 77.15.196 by the same person, the director shall not issue a trapping license to the person at any time)) A person may not be granted a new trapping license following a revocation under this section unless that person completes the education program outlined in RCW 77.65.460 not more than one year before a new license is granted.

     NEW SECTION. Sec. 10. RCW 77.15.192 (Definitions) and 2001 c 1 s 2 are each repealed.

     NEW SECTION. Sec. 11. 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."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Oke, the Senate concurred in the House amendment to Substitute Senate Bill No. 5179.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5179, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5179, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.

   Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Spanel, Stevens, Swecker, West, Winsley and Zarelli - 35.

     Voting nay: Senators Eide, Esser, Fairley, Fraser, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Sheldon, B., Shin and Thibaudeau - 13.

     Excused: Senator Kastama - 1.

    SUBSTITUTE SENATE BILL NO. 5179, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 24, 2003


MR. PRESIDENT:

    The House has passed SENATE BILL NO. 6052 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 28A.660.020 and 2001 c 158 s 3 are each amended to read as follows:

     (1) Each district or consortia of school districts applying for ((state funds through this)) the alternative route certification program shall submit a proposal to the Washington professional educator standards board specifying:

     (a) The route or routes the partnership program intends to offer and a detailed description of how the routes will be structured and operated by the partnership;

     (b) The number of candidates that will be enrolled per route;

     (c) An identification, indication of commitment, and description of the role of approved teacher preparation programs that are partnering with the district or consortia of districts;

     (d) An assurance of district provision of adequate training for mentor teachers either through participation in a state mentor training academy or district-provided training that meets state-established mentor-training standards specific to the mentoring of alternative route candidates;

     (e) An assurance that significant time will be provided for mentor teachers to spend with the alternative route teacher candidates throughout the internship. Partnerships must provide each candidate with intensive classroom mentoring until such time as the candidate demonstrates the competency necessary to manage the classroom with less intensive supervision and guidance from a mentor;

     (f) A description of the rigorous screening process for applicants to alternative route programs, including entry requirements specific to each route, as provided in RCW 28A.660.040; and

     (g) The design and use of a teacher development plan for each candidate. The plan shall specify the alternative route coursework and training required of each candidate and shall be developed by comparing the candidate's prior experience and coursework with the state's new performance-based standards for residency certification and adjusting any requirements accordingly. The plan may include the following components:

     (I) A minimum of one-half of a school year, and an additional significant amount of time if necessary, of intensive mentorship, starting with full-time mentoring and progressing to increasingly less intensive monitoring and assistance as the intern demonstrates the skills necessary to take over the classroom with less intensive support. For route one and two candidates, before the supervision is diminished, the mentor of the teacher candidate at the school and the supervisor of the teacher candidate from the higher education teacher preparation program must both agree that the teacher candidate is ready to manage the classroom with less intensive supervision. For route three candidates, the mentor of the teacher candidate shall make the decision;

     (ii) Identification of performance indicators based on the knowledge and skills standards required for residency certification by the state board of education;

     (iii) Identification of benchmarks that will indicate when the standard is met for all performance indicators;

     (iv) A description of strategies for assessing candidate performance on the benchmarks;

     (v) Identification of one or more tools to be used to assess a candidate's performance once the candidate has been in the classroom for about one-half of a school year; and

     (vi) A description of the criteria that would result in residency certification after about one-half of a school year but before the end of the program.

     (2) ((Districts may apply for program funds to pay stipends to both mentor teachers and interns during their mentored internship. For both intern stipends and accompanying mentor stipends, the per intern district request for funds may not exceed the amount designated by the BA+0 cell on the statewide teacher salary allocation schedule. This amount shall be prorated for internships and mentorships that last less than a full school year. Interns in the program for a full year shall be provided a stipend of at least eighty percent of the amount generated by the BA+0 cell on the statewide teacher salary allocation schedule. This amount shall be prorated for internships that last less than a full school year)) To the extent funds are appropriated for this purpose, districts may apply for program funds to pay stipends to trained mentor teachers of interns during the mentored internship. The per intern amount of mentor stipend shall not exceed five hundred dollars.

     Sec. 2. RCW 28A.660.030 and 2001 c 158 s 4 are each amended to read as follows:

     (1) The professional educator standards board, with support from the office of the superintendent of public instruction, shall select school districts and consortia of school districts to receive partnership grants from funds appropriated by the legislature for this purpose. Factors to be considered in selecting proposals include, but are not limited to:

     (a) The degree to which the district, or consortia of districts in partnership, are currently experiencing teacher shortages;

     (b) The degree to which the proposal addresses criteria specified in RCW 28A.660.020 and is in keeping with specifications of program routes in RCW 28A.660.040;

     (c) The cost-effectiveness of the proposed program; and

     (d) Any demonstrated district and in-kind contributions to the program.

     (2) Selection of proposals shall also take into consideration the need to ensure an adequate number of candidates for each type of route in order to evaluate their success.

     (3) Funds appropriated for the partnership grant program in this chapter shall be administered by the office of the superintendent of public instruction.

     Sec. 3. RCW 28A.660.050 and 2001 c 158 s 6 are each amended to read as follows:

     The alternative route conditional scholarship program is created under the following guidelines:

     (1) The program shall be administered by the higher education coordinating board. In administering the program, the higher education coordinating board has the following powers and duties:

     (a) To adopt necessary rules and develop guidelines to administer the program;

     (b) To collect and manage repayments from participants who do not meet their service obligations; and

     (c) To accept grants and donations from public and private sources for the program.

     (2) Participation in the alternative route conditional scholarship program is limited to ((classified staff in routes one and two)) interns of the partnership grant programs under RCW 28A.660.040. The Washington professional educator standards board shall select ((classified staff)) interns to receive conditional scholarships.

     (3) In order to receive conditional scholarship awards, recipients shall be accepted and maintain enrollment in alternative certification routes through the partnership grant program, as provided in RCW 28A.660.040. Recipients must continue to make satisfactory progress towards completion of the alternative route certification program and receipt of a residency teaching certificate.

     (4) For the purpose of this chapter, a conditional scholarship is a loan that is forgiven in whole or in part in exchange for service as a certificated teacher employed in a Washington state K-12 public school. The state shall forgive one year of loan obligation for every two years a recipient teaches in a public school. Recipients that fail to continue a course of study leading to residency teacher certification or cease to teach in a public school in the state of Washington in their endorsement area are required to repay the remaining loan principal with interest.

     (5) Recipients who fail to fulfill the required teaching obligation are required to repay the remaining loan principal with interest and any other applicable fees. The higher education coordinating board shall adopt rules to define the terms for repayment, including applicable interest rates, fees, and deferments.

     (6) To the extent funds are appropriated for this specific purpose, the annual amount of the scholarship is the annual cost of tuition for the alternative route certification program in which the recipient is enrolled, not to exceed ((four)) eight thousand dollars. The board may adjust the annual award by the average rate of resident undergraduate tuition and fee increases at the state universities as defined in RCW 28B.10.016.

     (7) The higher education coordinating board may deposit all appropriations, collections, and any other funds received for the program in this chapter in the student loan account authorized in RCW 28B.102.060."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    Senator Johnson moved that the Senate concur in the House amendment to Senate Bill No. 6052.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Johnson that the Senate concur in the House amendment to Senate Bill No. 6052, as amended by the House.

    The motion by Senator Johnson carried and the Senate concurred in the House amendment to Senate Bill No. 6052.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6052, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6052, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

    SENATE BILL NO. 6052, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION

 

    On motion of Senator Sheahan, the Senate reverted to the third order of business to consider the Governor’s Veto Message on Substitute Senate Bill No. 5240, which was held on the desk April 21, 2003.


MOTION


    Senator Zarelli moved that the Senate pass Substitute Senate Bill No. 5240 notwithstanding the Governor’s veto.

    Debate ensued.

    The President declared the question before the Senate to be the motion by Senator Zarelli to pass Substitute Senate Bill No. 5240 notwithstanding the Governor’s veto.

    The motion by Senator Zarelli carried.

    The President declared the question before the Senate to the roll call on the final passage of Substitute Senate Bill No. 5240 notwithstanding the Governor’s veto. The President declared a vote ‘yea’ will override the Governor’s veto and a vote ‘nay’ will sustain the veto. The President declared that a two-thirds majority of those present is required to override the veto.

 

ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5240 notwithstanding the Governor’s veto, and the vote was the following: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

    SUBSTITUTE SENATE BILL NO. 5240, notwithstanding the Governor’s veto, having received the constitutional two-thirds majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


    On motion of Senator Sheahan, Substitute Senate Bill No 5240, notwithstanding the Governor's veto, was ordered to be immediately transmitted to the House of Representatives.


    EDITOR’S NOTE: The House took no action on the Veto Override on Substitute Senate Bill No. 5240.


MESSAGE FROM THE HOUSE

April 24, 2003


MR. PRESIDENT:

    The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1085 and asks the Senate to recede therefrom., and the same are herewith transmitted.

CINDY ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Benton, the Senate refuses to recede from the Senate amendment(s) to Substitute House Bill No. 1085 and asks the House to concur therein

MOTION


    On motion of Senator Eide, Senator McAuliffe was excused.


MESSAGE FROM THE HOUSE


April 23, 2003

MR. PRESIDENT:

    The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1126 and asks the Senate to recede therefrom., and the same are herewith transmitted.

CINDY ZEHNDER, Chief Clerk

MOTION


    On motion of Senator Swecker, the Senate receded from its amendment(s) to House Bill No. 1126.

    The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1126, without the Senate amendment(s).


ROLL CALL


    The Secretary called the roll on the final passage of House Bill No. 1126, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McAuliffe - 1.

    HOUSE BILL NO. 1126, without the Senate amendment(s), was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PERSONAL PRIVILEGE


    Senator Oke: “A personal privilege, Mr. President. I wonder if Mary could listen to this, too. I just received on my desk the Legislative Manual and I am assuming that on page four hundred and seventy-four that everything is correct. They have me born in 1949. My Mother said it was 1940, but can I go by 1949?”


REPLY BY THE PRESIDENT


    President Owen: “You can be assured that Mary didn’t do that--didn’t make that error. Oh, I see. We will take it under advisement.”


PERSONAL PRIVILEGE


    Senator Tim Sheldon: “A point of personal privilege. Since it does relate to me personally, you are looking at the book that has aged me by nine years. I would like to have that corrected.”


PERSONAL PRIVILEGE


    Senator Honeyford: “A point of personal privilege, Mr. President. I don’t know if it is a question or a point, but I believe that we should eliminate that out of our book, in that people who wish to steal your identity, once they know your date of birth and state of birth, they can obtain all kinds of information and should be something we should look out at to remove.”


MESSAGE FROM THE HOUSE

April 23, 2003


MR. PRESIDENT:

    The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1173 and asks the Senate to recede therefrom., and the same are herewith transmitted.

CINDY ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Honeyford, the Senate receded from its amendment(s) to Substitute House Bill No. 1173.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1173, without the Senate amendment(s).


ROLL CALL


    The Secretary called the roll on the final passage of Substitute House Bill No. 1173, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Absent: Senator Hargrove - 1.

     Excused: Senator McAuliffe - 1.

    SUBSTITUTE HOUSE BILL NO. 1173, without the Senate amendment(s),was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 24, 2003


MR. PRESIDENT:

    The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1204 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CINDY ZEHNDER, Chief Clerk


                                                                                                        MOTION


    On motion of Senator Carlson, the Senate receded from its amendment(s) to Substitute House Bill No. 1204.


MOTION


    On motion of Senator Carlson, the rules were suspended, Substitute House Bill No. 1204 was returned to second reading and read the second time.


MOTION


    On motion of Senator Carlson, the following striking amendment was adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 41.04 RCW to read as follows:

     (1) The select committee on pension policy is created. The select committee consists of:

     (a) Four members of the senate appointed by the president of the senate, two of whom are members of the majority party and two of whom are members of the minority party. At least three of the appointees shall be members of the senate ways and means committee;

     (b) Four members of the house of representatives appointed by the speaker, two of whom are members of the majority party and two of whom are members of the minority party. At least three of the appointees shall be members of the house of representatives appropriations committee;

     (c) Four active members or representatives from organizations of active members of the state retirement systems appointed by the governor for staggered three-year terms, with no more than two appointees representing any one employee retirement system;

     (d) Two retired members or representatives of retired members' organizations of the state retirement systems appointed by the governor for staggered three-year terms, with no two members from the same system;

     (e) Four employer representatives of members of the state retirement systems appointed by the governor for staggered three-year terms; and

     (f) The directors of the department of retirement systems and office of financial management.

     (2)(a) The term of office of each member of the house of representatives or senate serving on the committee runs from the close of the session in which he or she is appointed until the close of the next regular session held in an odd-numbered year. If a successor is not appointed during a session, the member's term continues until the member is reappointed or a successor is appointed. The term of office for a committee member who is a member of the house of representatives or the senate who does not continue as a member of the senate or house of representatives ceases upon the convening of the next session of the legislature during the odd-numbered year following the member's appointment, or upon the member's resignation, whichever is earlier. All vacancies of positions held by members of the legislature must be filled from the same political party and from the same house as the member whose seat was vacated.

     (b) Following the terms of members and representatives appointed under subsection (1)(d) of this section, the retiree positions shall be rotated to ensure that each system has an opportunity to have a retiree representative on the committee.

     (3) The committee shall elect a chairperson and a vice-chairperson. The chairperson shall be a member of the senate in even-numbered years and a member of the house of representatives in odd-numbered years and the vice-chairperson shall be a member of the house of representatives in even-numbered years and a member of the senate in odd-numbered years.

     (4) The committee shall establish an executive committee of five members, including the chairperson, the vice-chairperson, one member from subsection (1)(c) of this section, one member from subsection (1)(e) of this section, and one member from subsection (1)(f) of this section, with the directors of the department of retirement systems and the office of financial management serving in alternate years.

     (5) Nonlegislative members of the select committee serve without compensation, but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

     (6) The office of state actuary under chapter 44.44 RCW shall provide staff and technical support to the committee.

     NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:

     (1) The select committee on pension policy may form three function- specific subcommittees, as set forth under subsection (2) of this section, from the members under section 1(1) (a) through (e) of this act, as follows:

     (a) A public safety subcommittee with one member from each group under section 1(1) (a) through (e) of this act;

     (b) An education subcommittee with one member from each group under section 1(1) (a) through (e) of this act; and

     (c) A state and local government subcommittee, with one retiree member under section 1(1)(d) of this act and two members from each group under section 1(1) (a) through (c) and (e) of this act.

     The retiree members may serve on more than one subcommittee to ensure representation on each subcommittee.

     (2)(a) The public safety subcommittee shall focus on pension issues affecting public safety employees who are members of the law enforcement officers' and fire fighters' and Washington state patrol retirement systems.

     (b) The education subcommittee shall focus on pension issues affecting educational employees who are members of the public employees', teachers', and school employees' retirement systems.

     (c) The state and local government subcommittee shall focus on pension issues affecting state and local government employees who are members of the public employees' retirement system.

     Sec. 3. RCW 41.50.110 and 1998 c 341 s 508 are each amended to read as follows:

     (1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department ((and)), the expenses of administration of the retirement systems, and the expenses of the administration of the office of the state actuary created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, ((and)) 43.43, and 44.44 RCW shall be paid from the department of retirement systems expense fund.

     (2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.

     (3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.

     (4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.

     (5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.

     (a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.

     (b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.

     (c) The department shall adopt rules implementing this section.

     (6) Expenses other than those under RCW 41.34.060(((2))) (3) shall be paid pursuant to subsection (1) of this section.

     Sec. 4. RCW 44.44.040 and 1987 c 25 s 3 are each amended to read as follows:

     The office of the state actuary shall have the following powers and duties:

     (1) Perform all actuarial services for the department of retirement systems, including all studies required by law. ((Reimbursement for such services shall be made to the state actuary pursuant to the provisions of RCW 39.34.130 as now or hereafter amended.))

     (2) Advise the legislature and the governor regarding pension benefit provisions, and funding policies and investment policies of the state investment board.

     (3) Consult with the legislature and the governor concerning determination of actuarial assumptions used by the department of retirement systems.

     (4) Prepare a report, to be known as the actuarial fiscal note, on each pension bill introduced in the legislature which briefly explains the financial impact of the bill. The actuarial fiscal note shall include: (a) The statutorily required contribution for the biennium and the following twenty-five years; (b) the biennial cost of the increased benefits if these exceed the required contribution; and (c) any change in the present value of the unfunded accrued benefits. An actuarial fiscal note shall also be prepared for all amendments which are offered in committee or on the floor of the house of representatives or the senate to any pension bill. However, a majority of the members present may suspend the requirement for an actuarial fiscal note for amendments offered on the floor of the house of representatives or the senate.

     (5) Provide such actuarial services to the legislature as may be requested from time to time.

     (6) Provide staff and assistance to the committee established under ((RCW 46.44.050)) section 1 of this act.

     NEW SECTION. Sec. 5. A new section is added to chapter 41.04 RCW to read as follows:

     The select committee on pension policy has the following powers and duties:

     (1) Study pension issues, develop pension policies for public employees in state retirement systems, and make recommendations to the legislature;

     (2) Study the financial condition of the state pension systems, develop funding policies, and make recommendations to the legislature;

     (3) Consult with the chair and vice-chair on appointing members to the state actuary appointment committee upon the convening of the state actuary appointment committee established under section 13 of this act; and

     (4) Receive the results of the actuarial audits of the actuarial valuations and experience studies administered by the pension funding council pursuant to RCW 41.45.110. The select committee on pension policy shall study and make recommendations on changes to assumptions or contribution rates to the pension funding council prior to adoption of changes under RCW 41.45.030, 41.45.035, or 41.45.060.

     Sec. 6. RCW 41.32.570 and 2001 2nd sp.s. c 10 s 3 and 2001 c 317 s 1 are each reenacted and amended to read as follows:

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

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

     (2) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state and who has satisfied the break in employment requirement of subsection (1) of this section shall cease to receive pension payments while engaged in such service, after the retiree has rendered service for more than one thousand five hundred hours in a school year. When a retired teacher or administrator renders service beyond eight hundred sixty-seven hours, the department shall collect from the employer the applicable employer retirement contributions for the entire duration of the member's employment during that fiscal year.

     (3) The department shall collect and provide the state actuary with information relevant to the use of this section for the ((joint)) select committee on pension policy.

     (4) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to be employed for more than five hundred twenty-five hours per year without a reduction of his or her pension.

     Sec. 7. RCW 41.40.037 and 2001 2nd sp.s. c 10 s 4 are each amended to read as follows:

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

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

     (2)(a) A retiree from plan 1 who has satisfied the break in employment requirement of subsection (1) of this section and who enters employment with an employer may continue to receive pension payments while engaged in such service for up to one thousand five hundred hours of service in a calendar year without a reduction of pension. When a plan 1 member renders service beyond eight hundred sixty-seven hours, the department shall collect from the employer the applicable employer retirement contributions for the entire duration of the member's employment during that calendar year.

     (b) A retiree from plan 2 or plan 3 who has satisfied the break in employment requirement of subsection (1) of this section may work up to eight hundred sixty-seven hours in a calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, or 41.40.010, or as a fire fighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.

     (3) If the retiree opts to reestablish membership under RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with RCW 41.40.180. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the member's previous retirement shall be reinstated.

     (4) The department shall collect and provide the state actuary with information relevant to the use of this section for the ((joint)) select committee on pension policy.

     (5) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to be employed for more than five months in a calendar year without a reduction of his or her pension.

     Sec. 8. RCW 41.45.020 and 2002 c 26 s 4 are each amended to read as follows:

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

     (1) "Council" means the pension funding council created in RCW 41.45.100.

     (2) "Department" means the department of retirement systems.

     (3) "Law enforcement officers' and fire fighters' retirement system plan 1" and "law enforcement officers' and fire fighters' retirement system plan 2" means the benefits and funding provisions under chapter 41.26 RCW.

     (4) "Public employees' retirement system plan 1," "public employees' retirement system plan 2," and "public employees' retirement system plan 3" mean the benefits and funding provisions under chapter 41.40 RCW.

     (5) "Teachers' retirement system plan 1," "teachers' retirement system plan 2," and "teachers' retirement system plan 3" mean the benefits and funding provisions under chapter 41.32 RCW.

     (6) "School employees' retirement system plan 2" and "school employees' retirement system plan 3" mean the benefits and funding provisions under chapter 41.35 RCW.

     (7) "Washington state patrol retirement system" means the retirement benefits provided under chapter 43.43 RCW.

     (8) "Unfunded liability" means the unfunded actuarial accrued liability of a retirement system.

     (9) "Actuary" or "state actuary" means the state actuary employed under chapter 44.44 RCW.

     (10) "State retirement systems" means the retirement systems listed in RCW 41.50.030.

     (11) "Classified employee" means a member of the Washington school employees' retirement system plan 2 or plan 3 as defined in RCW 41.35.010.

     (12) "Teacher" means a member of the teachers' retirement system as defined in RCW 41.32.010(15).



     (13) "Select committee" means the select committee on pension policy created in section 1 of this act.

     Sec. 9. RCW 41.45.090 and 1998 c 283 s 7 are each amended to read as follows:

     The department shall collect and keep in convenient form such data as shall be necessary for an actuarial valuation of the assets and liabilities of the state retirement systems, and for making an actuarial investigation into the mortality, service, compensation, and other experience of the members and beneficiaries of those systems. The department and state actuary shall enter into a memorandum of understanding regarding the specific data the department will collect, when it will be collected, and how it will be maintained. The department shall notify the state actuary of any changes it makes, or intends to make, in the collection and maintenance of such data.

     At least once in each six-year period, the state actuary shall conduct an actuarial experience study of the mortality, service, compensation and other experience of the members and beneficiaries of each state retirement system, and into the financial condition of each system. The results of each investigation shall be filed with the department, the office of financial management, the budget writing committees of the Washington house of representatives and senate, the select committee on pension policy, and the pension funding council. Upon the basis of such actuarial investigation the department shall adopt such tables, schedules, factors, and regulations as are deemed necessary in the light of the findings of the actuary for the proper operation of the state retirement systems.

     Sec. 10. RCW 41.45.110 and 1998 c 283 s 3 are each amended to read as follows:

     The pension funding council shall solicit and administer a biennial actuarial audit of the actuarial valuations used for rate-setting purposes. This audit will be conducted concurrent with the actuarial valuation performed by the state actuary. At least once in each six- year period, the pension funding council shall solicit and administer an actuarial audit of the results of the experience study required in RCW 41.45.090. Upon receipt of the results of the actuarial audits required by this section, the pension funding council shall submit the results to the select committee on pension policy.

     NEW SECTION. Sec. 11. RCW 41.54.061 is decodified.

     Sec. 12. RCW 44.04.260 and 2001 c 259 s 1 are each amended to read as follows:

     The joint legislative audit and review committee, the legislative transportation committee, the ((joint)) select 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. 13. (1) The state actuary appointment committee is created. The committee shall consist of: (a) The chair and ranking minority member of the house of representatives appropriations committee and the chair and ranking minority member of the senate ways and means committee; and (b) four members of the select committee on pension policy appointed jointly by the chair and vice-chair of the select committee, at least one member representing state retirement systems active or retired members, and one member representing state retirement system employers.

     (2) The state actuary appointment committee shall be jointly chaired by the chair of the house of representatives appropriations committee and the chair of the senate ways and means committee.

     (3) The state actuary appointment committee shall appoint or remove the state actuary by a two-thirds vote of the committee. When considering the appointment or removal of the state actuary, the appointment committee shall consult with the director of the department of retirement systems, the director of the office of financial management, and other interested parties.

     (4) The state actuary appointment committee shall be convened by the chairs of the house of representatives appropriations committee and the senate ways and means committee (a) whenever the position of state actuary becomes vacant, or (b) upon the written request of any four members of the appointment committee.

     Sec. 14. RCW 44.44.030 and 2001 c 259 s 11 are each amended to read as follows:

     (1) Subject to RCW 44.04.260, 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)) the state actuary appointment committee, 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 select 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. 15. The following acts or parts of acts are each repealed:

     (1) RCW 44.44.015 (Administration) and 2001 c 259 s 10;

     (2) RCW 44.44.050 (Joint committee on pension policy--Membership, terms, leadership) and 1987 c 25 s 4; and

     (3) RCW 44.44.060 (Joint committee on pension policy--Powers and duties) and 1987 c 25 s 5."

    There being no objection, the following title amendment was adopted:

     On page 1, line 1 of the title, after "policy;" strike the remainder of the title and insert "amending RCW 41.50.110, 44.44.040, 41.40.037, 41.45.020, 41.45.090, 41.45.110, 44.04.260, and 44.44.030; reenacting and amending RCW 41.32.570; adding new sections to chapter 41.04 RCW; creating a new section; decodifying RCW 41.54.061; and repealing RCW 44.44.015, 44.44.050, and 44.44.060."



MOTION


    On motion of Senator Carlson, the rules were suspended, Substitute House Bill No. 1204, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1204, as amended by the Senate under suspension of the rules.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute House Bill No. 1204, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Voting nay: Senator Fraser - 1.

    SUBSTITUTE HOUSE BILL NO. 1204, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.




MOTION


    On motion of Senator Sheahan, Substitute House Bill No. 1204, as amended by the Senate under suspension of the rules, was ordered to be immediately transmitted to the House of Representatives.


MOTION


    On motion of Senator Eide, Senator Kline was excused.


MESSAGE FROM THE HOUSE


April 23, 2003


MR. PRESIDENT:

    The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1233 and asks the Senate to recede therefrom, and the same are herewith transmitted.

CINDY ZEHNDER, Chief Clerk


                                                                                                        MOTION


    On motion of Senator Stevens, the Senate receded from its amendment(s) to Substitute House Bill No. 1233.


MOTION


    On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 1233 was returned to second reading and read the second time.


MOTION


    On motion of Senator Stevens, the following striking amendment by Senators Stevens and Hargrove was adopted:Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:

     (1) For the purposes of this section, "kin" means persons eighteen years of age or older to whom the child is related by blood, adoption, or marriage, including marriages that have been dissolved, and means: (a) Any person denoted by the prefix "grand" or "great"; (b) sibling, whether full, half, or step; (c) uncle or aunt; (d) nephew or niece; or (e) first cousin.

     (2) The department shall plan, design, and implement strategies to prioritize the placement of children with willing and able kin when out-of-home placement is required.

     These strategies must include at least the following:

     (a) Development of standardized, statewide procedures to be used when searching for kin of children prior to out-of-home placement. The procedures must include a requirement that documentation be maintained in the child's case record that identifies kin, and documentation that identifies the assessment criteria and procedures that were followed during all kin searches. The procedures must be used when a child is placed in out-of-home care under authority of chapter 13.34 RCW, when a petition is filed under RCW 13.32A.140, or when a child is placed under a voluntary placement agreement. To assist with implementation of the procedures, the department shall request that the juvenile court require parents to disclose to the department all contact information for available and appropriate kin within two weeks of an entered order. For placements under signed voluntary agreements, the department shall encourage the parents to disclose to the department all contact information for available and appropriate kin within two weeks of the date the parent signs the voluntary placement agreement.

     (b) Development of procedures for conducting active outreach efforts to identify and locate kin during all searches. The procedures must include at least the following elements:

     (I) Reasonable efforts to interview known kin, friends, teachers, and other identified community members who may have knowledge of the child's kin, within sixty days of the child entering out-of-home care;

     (ii) Increased use of those procedures determined by research to be the most effective methods of promoting reunification efforts, permanency planning, and placement decisions;

     (iii) Contacts with kin identified through outreach efforts and interviews under this subsection as part of permanency planning activities and change of placement discussions;

     (iv) Establishment of a process for ongoing contact with kin who express interest in being considered as a placement resource for the child; and

     (v) A requirement that when the decision is made to not place the child with any kin, the department provides documentation as part of the child's individual service and safety plan that clearly identifies the rationale for the decision and corrective action or actions the kin must take to be considered as a viable placement option.

     (3) Nothing in this section shall be construed to create an entitlement to services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable or the child or family is not eligible for such services.

     NEW SECTION. Sec. 2. (1) The department of social and health services shall collaborate with one or more nonprofit community-based agencies to develop a grant proposal for submission to potential funding sources, including governmental entities and private foundations, to establish a minimum of two pilot projects to assist kinship caregivers with understanding and navigating the system of services for children in out-of-home care. The proposal must seek to establish at least one project in eastern Washington and one project in western Washington, each project to be managed by a participating community-based agency.

     (2) The kinship care navigators funded through the proposal shall be responsible for at least the following:

     (a) Understanding the various state agency systems serving kinship caregivers;

     (b) Working in partnership with local community service providers;

     (c) Tracking trends, concerns, and other factors related to kinship caregivers; and

     (d) Assisting in establishing stable, respectful relationships between kinship caregivers and department staff.

     (3) Implementation of the kinship care navigator pilot projects is contingent upon receipt of nonstate or private funding for that purpose.

     (4) For the purposes of this section, "kinship" has the same meaning as "kin" given in section 1(1) of this act.

     (5) This section expires January 1, 2007.

     NEW SECTION. Sec. 3. (1) The department of social and health services shall report to the legislature and the governor on the implementation of the kinship care navigator pilot projects with recommendations on statewide implementation of the pilot projects one year following implementation of the pilot projects. The report shall: Include data that demonstrates whether the pilot project reduced actual barriers to access to services; identify statutory and administrative barriers for kin who give care; and recommend ways to reduce or eliminate the barriers without adverse consequences to children placed with kin.

     (2) This section expires January 1, 2007.

     NEW SECTION. Sec. 4. A new section is added to chapter 74.13 RCW to read as follows:

     (1) Within existing resources, the department shall establish an oversight committee to monitor, guide, and report on kinship care recommendations and implementation activities. The committee shall:

     (a) Draft a kinship care definition that is restricted to persons related by blood or marriage, including marriages that have been dissolved, or for a minor defined as an "Indian child" under the federal Indian child welfare act (25 U.S.C. Sec. 1901 et seq.), the definition of "extended family member" under the federal Indian child welfare act, and a set of principles. If the committee concludes that one or more program or service would be more efficiently and effectively delivered under a different definition of kin, it shall state what definition is needed, and identify the program or service in the report. It shall also provide evidence of how the program or service will be more efficiently and effectively delivered under the different definition. The department shall not adopt rules or policies changing the definition of kin without authorizing legislation;

     (b) Monitor the implementation of recommendations contained in the 2002 kinship care report;

     (c) Partner with nonprofit organizations and private sector businesses to guide a public education awareness campaign; and

     (d) Assist with developing future recommendations on kinship care issues.

     (2) The oversight committee must consist of a minimum of thirty percent kinship caregivers, who shall represent a diversity of kinship families. Statewide representation with geographic, ethnic, and gender diversity is required. Other members shall include representatives of the department, representatives of relevant state agencies, representatives of the private nonprofit and business sectors, child advocates, representatives of Washington state Indian tribes as defined under the federal Indian welfare act (25 U.S.C. Sec. 1901 et seq.), and representatives of the legal or judicial field. Birth parents, foster parents, and others who have an interest in these issues may also be included.

     (3) To the extent funding is available, the department may reimburse nondepartmental members of the oversight committee for costs incurred in participating in the meetings of the oversight committee.

     (4) The kinship care oversight committee shall report to the legislature and the governor on the status of kinship care issues by December 1, 2004.

     (5) This section expires January 1, 2005."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the striking amendment by Senators Stevens and Hargrove to Substitute House Bill No. 1233, under suspension of the rules.

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


    There being no objection, the following title amendment was adopted:

     On page 1, line 1 of the title, after "caregivers;" strike the remainder of the title and insert "adding new sections to chapter 74.13 RCW; creating new sections; and providing expiration dates."


MOTION


    On motion of Senator Stevens, the rules were suspended, Substitute House Bill No. 1233, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1233, as amended by the Senate under suspension of the rules.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute House Bill No. 1233, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Kline - 1.

    SUBSTITUTE HOUSE BILL NO. 1233, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE


April 24, 2003

MR. PRESIDENT:

    The House concurs in the Senate amendment on page 10, beginning on line 35, to SUBSTITUTE HOUSE BILL NO. 1829, but refuses to concur in the Senate amendments on page 10, lines 33 and 35 (audit) and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Carlson, the Senate receded from its amendments on page 10, lines 33 and 35 (after audit), to Substitute House Bill No. 1829.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1829, without the Senate amendments on page 10, lines 33 and 35.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute House Bill No. 1829, without the Senate amendments on page 10, lines 33 and 35, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.

     Voting yea: Senators Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 38.

     Voting nay: Senators Benton, Brandland, Deccio, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette and Zarelli - 11.

    SUBSTITUTE HOUSE BILL NO. 1829, without the Senate amendments on page 10, lines 33 and 35, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PERSONAL PRIVILEGE


    Senator Zarelli: “A point of personal privilege, Mr. President. I am going to try and hold things together here a little bit. In the course of my time in this body, I haven’t taken a lot of these privileges, but I am going to share one with you today, if I could. This morning I got a call from my daughter as she was packing up and heading back from school from the Redding, California area. She was all excited about getting back home at the end of her second year.

    “Then over lunch today, when we were all out enjoying our lunch, I get a frantic phone call from my daughter, who was just in a very serious accident. She was stuck in the Siskiyous. There was a freak snow storm that came through and just powdered the area and she lost control on the ice and went, going about forty-five miles an hour, into a concrete wall and crushed the automobile. Her air bag failed to disperse and she went right into the steering wheel. She was just frantic; I didn’t know what to do. I am up here and couldn’t get down there to be with her. I made a phone call to the State Patrol and I am going to tell you that they were wonderful in trying to help me and trying to find out where she was, because she was in the middle of nowhere. If any of you know that area, there is just nothing around and she is out there in the middle in severe pain and nobody there to help her.

    “There is an amazing side to this story and that is the piece I wanted to share. Somebody came along and helped her get out of the car and to the hospital. The amazing thing is that the State Patrol was fantastic in assisting me and tying to find out where she was and to get her help. I believe, firmly, that not by the grace of God that young lady would be in very serious condition today.

    “That is the point I want to make and I am going to get into a little bit of trouble, Mr. President, but I am going to take this privilege as I have stood up and I want to remind this body that it is that same grace that is going to keep our good friend and colleague, Senator Jim West, with us a little bit longer than he would like to. In that, I would like to ask for fervent prayer in behalf of him, and I just know today, folks, that if it had not been by his grace, my daughter would not have walked away from the type of accident she was in and is just fine today in a hospital in the Redding, California, area. Thank you, Mr. President.”


PERSONAL PRIVILEGE


    Senator Brown: “Mr. President, a point of personal privilege. Well, I know that I speak for all of us in the Legislature and in the Senate, in particular, in welcoming back my colleague and neighbor from Spokane, Senator West. We don’t live very far away from each other. We noted your absence; we are concerned. We are very pleased to have you back with us. We are counting on you to help get the job done in the next few days. We are really looking forward to you being able to marshal your energy and recover your health as soon as possible. We just want to reiterate our respect for your great work and dedication to the people of Washington. Of course, on this floor, we get to know each other pretty well and we have been able to observe and admire you. So, thank you Jim. We are glad to have you back with us.”


PERSONAL PRIVILEGE


    Senator West: “A point of personal privilege, Mr. President. Bear with me, Sir. First of all, I want to thank everybody. I have received lots of cards and letters and phone calls and expressions of support and love. We are family. We have our differences and we argue about different points and things, but we are family and I appreciate that.

    “I also want to let you know that the rumors of my eminent demise are greatly exaggerated--much to the dismay of my political enemies. I just want you to know that I have a new red book and people in this Chamber know what that means. A red book in my hand can be dangerous. I intend to be around for a long time using this. I figure that I can milk this thing for about five or six years or maybe ten years--not the book, the illness. You know, you guys are going to feel sorry for me. This is a good thing. Thank you very much.

    “Again, I do appreciate your prayers and that really is the strength. That is the important thing. Lots of people have called and asked what they could do----pray. What I really want is prayers for my doctors, so that they have the knowledge and skill and that their hands are guided well--and pray to give me the strength that I will need to get through this all. I appreciate each and every one of you. Thank you very much.”


PERSONAL PRIVILEGE


    Senator Franklin: “A point of personal privilege. I can’t say that I am the matriarch of this body--”


REMARKS BY SENATOR WEST


    Senator West: “Before the gentle lady begins, I have to tell you a little story. I am sitting in Spokane on Wednesday. Now, I don’t know what came over me, but Spokane--by the way when Comcast took over for AT &T, they did a great thing. We now have a dedicated channel to TVW, so we actually see it without waiting until three o’clock in the morning. I don’t know what came over me, but at ten o’clock on Wednesday, I clicked on and there was the Senate and what was the first thing I see, but the good lady standing up reading a great poem. By the way, whoever wrote it and if it was you, that was fabulous. Then she goes on about the purple stuff and everything and then everyone is putting on red hats. I said, ‘My God, I have to get back to that place--there is no way that it is going to be working.’ Senator Franklin, because of you, I am standing right here today.”


FURTHER REMARKS BY SENATOR FRANKLIN


    Senator Franklin: “When you said that, we were certainly glad to share that fun with you. We are certainly glad to have you back. What I wanted to say, Mr. President, and ladies and gentlemen of the Senate, that I did offer my services to the good Senator. I said that I



would special him at no cost. He has not taken me up on that yet. Maybe, he doesn’t want to trust me. The other is that, certainly, prayers work. They really work, so we will be doing a lot of that for you.”


PRESIDENT'S REMARKS


    President Owen: “Senator West, it is great to have you back and we are very pleased with your vigor, your enthusiasm and your positive attitude. It is great to have you here, not just because of your skill and as much as all love you as a colleague, but from my stand point, when you pick up the little red book, you make my job a lot more interesting.”


MESSAGE FROM HOUSE


April 24, 2003


MR. PRESIDENT:

    The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1376, and asks the Senate to recede therefrom, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    Senator Morton moved that the Senate refuse to recede from its amendment(s) to Engrossed House Bill No. 1376 and asks the House to concur therein.

MOTION


    Senator Keiser moved that the Senate recede from its amendment(s) to Engrossed House Bill No. 1376.


    The President declared the question before the Senate to be the positive motion by Senator Keiser to recede from the Senate amendment(s) to Engrossed House Bill No. 1376.

    Debate ensued

    The motion by Senator Keiser to recede from the Senate amendment(s) failed and the Senate will now consider the motion by Senator Morton to refuse to recede and ask the House to concur therein

    The motion by Senator Morton carried and the Senate refuses to recede from the Senate amendment(s) to Engrossed House Bill No. 1376 and asks the House to concur therein.


MESSAGE FROM THE HOUSE


April 25, 2003


MR. PRESIDENT:

    The Speaker has signed: 

    ENGROSSED HOUSE BILL NO. 1037,

    SUBSTITUTE HOUSE BILL NO. 1061,

    ENGROSSED HOUSE BILL NO. 1090,

    HOUSE BILL NO. 1114,

    HOUSE BILL NO. 1150,

    HOUSE BILL NO. 1154,

    HOUSE BILL NO. 1200,

    HOUSE BILL NO. 1206,

    SUBSTITUTE HOUSE BILL NO. 1213,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1218,

    SUBSTITUTE HOUSE BILL NO. 1222,

    SUBSTITUTE HOUSE BILL NO. 1232,

    HOUSE BILL NO. 1294,

    ENGROSSED HOUSE BILL NO. 1388,

    ENGROSSED HOUSE BILL NO. 1427,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1463,

    HOUSE BILL NO. 1612,

    SUBSTITUTE HOUSE BILL NO. 1675,

    SUBSTITUTE HOUSE BILL NO. 1707,

    SUBSTITUTE HOUSE BILL NO. 1785,

    HOUSE BILL NO. 1786,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1787,

    HOUSE BILL NO. 1815,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844,

    SUBSTITUTE HOUSE BILL NO. 1943,

    SUBSTITUTE HOUSE BILL NO. 2033,

    HOUSE BILL NO. 2183,

    SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4004, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk



SIGNED BY THE PRESIDENT


    The President signed:

    ENGROSSED HOUSE BILL NO. 1037,

    SUBSTITUTE HOUSE BILL NO. 1061,

    ENGROSSED HOUSE BILL NO. 1090,

    HOUSE BILL NO. 1114,

    HOUSE BILL NO. 1150,

    HOUSE BILL NO. 1154,

    HOUSE BILL NO. 1200,

    HOUSE BILL NO. 1206,

    SUBSTITUTE HOUSE BILL NO. 1213,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1218,

    SUBSTITUTE HOUSE BILL NO. 1222,

    SUBSTITUTE HOUSE BILL NO. 1232,

    HOUSE BILL NO. 1294,

    ENGROSSED HOUSE BILL NO. 1388,

    ENGROSSED HOUSE BILL NO. 1427,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1463,

    HOUSE BILL NO. 1612,

    SUBSTITUTE HOUSE BILL NO. 1675,

    SUBSTITUTE HOUSE BILL NO. 1707,

    SUBSTITUTE HOUSE BILL NO. 1785,

    HOUSE BILL NO. 1786,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1787,

    HOUSE BILL NO. 1815,

    ENGROSSED SUBSTITUTE HOUSE BILL NO. 1844,

    SUBSTITUTE HOUSE BILL NO. 1943,

    SUBSTITUTE HOUSE BILL NO. 2033,

    HOUSE BILL NO. 2183,

    SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4004.


MESSAGE FROM HOUSE

April 18, 2003


MR. PRESIDENT:

    The House has passed SENATE BILL NO. 5437 with the following amendment(s):

    Strike everything after the enacting clause and insert the following:    "Sec. 1. RCW 28A.315.205 and 1999 c 315 s 402 are each amended to read as follows:

     (1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under RCW 28A.315.195 (7) or (8).

     (2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to the superintendents of the affected school districts within ten calendar days.

     (3) In carrying out the purposes of RCW 28A.315.015 and in making decisions as authorized under RCW 28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in school district organization complies with RCW 28A.315.015(2) and rules adopted by the state board under chapter 34.05 RCW.

     (4) State board rules under subsection (3) of this section shall provide for giving consideration to all of the following:

     (a) ((The annual school performance reports required under RCW 28A.320.205 in the affected districts and improvement of the educational opportunities of pupils in the territory proposed for a change in school district organization;

     (b))) Student educational opportunities as measured by the percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates;

     (b) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and well-being;

     (c) The history and relationship of the property affected to the students and communities affected, including, for example, inclusion within a single school district, for school attendance and corresponding tax support purposes, of entire master planned communities that were or are to be developed pursuant to an integrated commercial and residential development plan with over one thousand dwelling units;

     (d) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and

     (e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts.

     (5)(a)(I) A petitioner or school district may appeal a decision by the regional committee ((to approve a change in school district organization)) to the state board based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee.

     (ii) If the state board finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, it shall refer the matter back to the regional committee with an explanation of the board's findings. The regional committee shall rehear the proposal.

     (iii) If the state board finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes.

     (b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee's decision in accordance with RCW 34.05.570.

     Sec. 2. RCW 28A.315.195 and 1999 c 315 s 401 are each amended to read as follows:

     (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent:

     (a) Signed by at least ((ten)) fifty percent plus one of the active registered voters residing in the territory proposed to be transferred; or

     (b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory.

     (2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory.

     (3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection.

     (4) The state board may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.

     (5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that:

     (a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts;

     (b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory;

     (c) The districts have ninety calendar days in which to agree to the proposed transfer of territory;

     (d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and

     (e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible.

     (6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory.

     (7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee.

     (8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise.

     (9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days.

     (10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose."

     Correct the title., and the same are herewith transmitted.


CYNTHIA ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Benton, the Senate concurred in the House amendment to Senate Bill No. 5437.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5437, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 5437, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 46.

     Voting nay: Senator Winsley - 1.

     Absent: Senator Horn - 1.

     Excused: Senator Kastama - 1.

    SENATE BILL NO. 5437, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MESSAGE FROM THE HOUSE

April 23, 2003

MR. PRESIDENT:


    Under suspension of the rules, SUBSTITUTE SENATE BILL NO. 5039 was returned to second reading for purpose of an amendment and passed the House with the following amendment:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:

     (1) The secretary of health shall design a state plan for education efforts concerning hepatitis C and the prevention and management of the disease by January 1, 2004. In developing the plan, the secretary shall consult with:

     (a) The public;

     (b) Patient groups and organizations;

     (c) Relevant state agencies that have functions that involve hepatitis C or provide services to persons with hepatitis C;

     (d) Local health departments;

     (e) Public health and clinical laboratories;

     (f) Providers and suppliers of services to persons with hepatitis C;

     (g) Research scientists;

     (h) The University of Washington; and

     (I) Relevant health care associations.

     (2) The plan shall include implementation recommendations in the following areas:

     (a) Hepatitis C virus prevention and treatment strategies for groups at risk for hepatitis C with an emphasis towards those groups that are disproportionately affected by hepatitis C, including persons infected with HIV, veterans, racial or ethnic minorities that suffer a higher incidence of hepatitis C, and persons who engage in high-risk behavior, such as intravenous drug use;

     (b) Educational programs to promote public awareness about hepatitis C and knowledge about risk factors, the value of early detection, screening, services, and available treatment options for hepatitis C, which may be incorporated in public awareness programs concerning bloodborne infections;

     (c) Education curricula for appropriate health and health-related providers covered by the uniform disciplinary act, chapter 18.130 RCW;

     (d) Training courses for persons providing hepatitis C counseling, public health clinic staff, and any other appropriate provider, which shall focus on disease prevention, early detection, and intervention;

     (e) Capacity for voluntary hepatitis C testing programs to be performed at facilities providing voluntary HIV testing under chapter 70.24 RCW;

     (f) A comprehensive model for an evidence-based process for the prevention and management of hepatitis C that is applicable to other diseases; and

     (g) Sources and availability of funding to implement the plan.

     (3) The secretary of health shall develop the state plan described in subsections (1) and (2) of this section only to the extent that, and for as long as, federal or private funds are available for that purpose, including grants. Funding for this act shall not come from state sources.

     (4) The board of health may adopt rules necessary to implement subsection (2)(b) of this section.

     (5) The secretary of health shall submit the completed state plan to the legislature by January 1, 2004. After the initial state plan is submitted, the department shall update the state plan biennially and shall submit the plan to the governor and make it available to other interested parties. The update and progress reports are due December 1, 2004, and every two years thereafter.

     (6) The state plan recommendations described in subsection (2)(b) of this section shall be implemented by the secretary of health only to the extent that, and for as long as, federal or private funds are available for that purpose, including grants.

     (7) This section expires June 30, 2007.

     Sec. 2. RCW 49.60.172 and 1988 c 206 s 903 are each amended to read as follows:

     (1) No person may require an individual to take an HIV test, as defined in chapter 70.24 RCW, or hepatitis C test, as a condition of hiring, promotion, or continued employment unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification for the job in question.

     (2) No person may discharge or fail or refuse to hire any individual, or segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the results of an HIV test or hepatitis C test unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification of the job in question.

     (3) The absence of HIV or hepatitis C infection as a bona fide occupational qualification exists when performance of a particular job can be shown to present a significant risk, as defined by the board of health by rule, of transmitting HIV or hepatitis C infection to other persons, and there exists no means of eliminating the risk by restructuring the job.

     (4) For the purpose of this chapter, any person who is actually infected with HIV or hepatitis C, but is not disabled as a result of the infection, shall not be eligible for any benefits under the affirmative action provisions of chapter 49.74 RCW solely on the basis of such infection.

     (5) Employers are immune from civil action for damages arising out of transmission of HIV or hepatitis C to employees or to members of the public unless such transmission occurs as a result of the employer's gross negligence.

     Sec. 3. RCW 49.60.174 and 1997 c 271 s 6 are each amended to read as follows:

     (1) For the purposes of determining whether an unfair practice under this chapter has occurred, claims of discrimination based on actual or perceived HIV or hepatitis C infection shall be evaluated in the same manner as other claims of discrimination based on sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a disabled person.

     (2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or health maintenance organizations subject to RCW 49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination on the basis of actual HIV or actual hepatitis C infection status when bona fide statistical differences in risk or exposure have been substantiated.

     (3) For the purposes of this chapter((,)):

     (a) "HIV" means the human immunodeficiency virus, and includes all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the infected person immunodeficient; and

     (b) "Hepatitis C" means the hepatitis C virus of any genotype.

     NEW SECTION. Sec. 4. A new section is added to chapter 50.20 RCW to read as follows:

     (1) Credentialed health care professionals listed in RCW 18.130.040 shall be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043 if they are unemployed as a result of contracting hepatitis C in the course of employment and are unable to continue to work in their profession because of a significant risk that such work would pose to other persons and that risk cannot be eliminated.

     (2) For purposes of subsection (1) of this section, a health care professional who was employed on a full-time basis in their profession shall be presumed to have contracted hepatitis C in the course of employment. This presumption may be rebutted by a preponderance of the evidence that demonstrates that the health care professional contracted hepatitis C as a result of activities or circumstances not related to employment.

     NEW SECTION. Sec. 5. Section 1 of this act does not create a private right of action."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Deccio, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5039 and asks the House to recede therefrom.


MOTION


    On motion of Senator Eide, Senator Poulsen was excused.


MOTION


    On motion of Senator Honeyford, Senator Horn was excused.


MESSAGE FROM HOUSE


April 24, 2003


MR. PRESIDENT:

    The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5990 with the following amendment(s)

    Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 9.94A.728 and 2002 c 290 s 21 and 2002 c 50 s 2 are each reenacted and amended to read as follows:

     No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

     (1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned release time. An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.

     (a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed fifteen percent of the sentence. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed ten percent of the sentence.

     (b)(I) In the case of an offender who qualifies under (b)(ii) of this subsection, the aggregate earned release time may not exceed fifty percent of the sentence.

     (ii) An offender is qualified to earn up to fifty percent of aggregate earned release time under this subsection (1)(b) if he or she:

     (A) Is classified in one of the two lowest risk categories under (b)(iii) of this subsection;

     (B) Is not confined pursuant to a sentence for:

     (I) A sex offense;

     (II) A violent offense;

     (III) A crime against persons as defined in RCW 9.94A.411;

     (IV) A felony that is domestic violence as defined in RCW 10.99.020;

     (V) A violation of RCW 9A.52.025 (residential burglary);

     (VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

     (VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor); and

     (c) Has no prior conviction for:

     (I) A sex offense;

     (II) A violent offense;

     (III) A crime against persons as defined in RCW 9.94A.411;

     (IV) A felony that is domestic violence as defined in RCW 10.99.020;

     (V) A violation of RCW 9A.52.025 (residential burglary);

     (VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

     (VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor).

     (iii) For purposes of determining an offender's eligibility under this subsection (1)(b), the department shall perform a risk assessment of every offender committed to a correctional facility operated by the department who has no current or prior conviction for a sex offense, a violent offense, a crime against persons as defined in RCW 9.94A.411, a felony that is domestic violence as defined in RCW 10.99.020, a violation of RCW 9A.52.025 (residential burglary), a violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine, or a violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor). The department must classify each assessed offender in one of four risk categories between highest and lowest risk.

     (iv) The department shall recalculate the earned release time and reschedule the expected release dates for each qualified offender under this subsection (1)(b).

     (v) This subsection (1)(b) applies retroactively to eligible offenders serving terms of total confinement in a state correctional facility as of the effective date of this section.

     (vi) This subsection (1)(b) does not apply to offenders convicted after July 1, 2010.

     (c) In no other case shall the aggregate earned release time exceed one-third of the total sentence;

     (2)(a) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;

     (b) A person convicted of a sex offense, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;

     (c) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community placement or community custody terms eligible for release to community custody status in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;

     (d) The department may deny transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody or community placement;

     (3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

     (4)(a) The secretary may authorize an extraordinary medical placement for an offender when all of the following conditions exist:

     (I) The offender has a medical condition that is serious enough to require costly care or treatment;

     (ii) The offender poses a low risk to the community because he or she is physically incapacitated due to age or the medical condition; and

     (iii) Granting the extraordinary medical placement will result in a cost savings to the state.

     (b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.

     (c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.

     (d) The secretary may revoke an extraordinary medical placement under this subsection at any time((.));

     (5) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

     (6) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing himself or herself in the community;

     (7) The governor may pardon any offender;

     (8) The department may release an offender from confinement any time within ten days before a release date calculated under this section; and

     (9) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870.

     Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540, however persistent offenders are not eligible for extraordinary medical placement.

     NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:

     The legislature declares that the changes to the maximum percentages of earned release time in this act do not create any expectation that the percentage of earned release time cannot be revised and offenders have no reason to conclude that the maximum percentage of earned release time is an entitlement or creates any liberty interest. The legislature retains full control over the right to revise the percentages of earned release time available to offenders at any time. This section applies to persons convicted on or after the effective date of this section.

     NEW SECTION. Sec. 3. A new section is added to chapter 9.94A RCW to read as follows:

     (1) When the department performs a risk assessment pursuant to RCW 9.94A.500, or to determine a person's conditions of supervision, the risk assessment shall classify the offender into one of at least four risk categories.

     (2) The department shall supervise every offender sentenced to a term of community custody, community placement, or community supervision:

     (a) Whose risk assessment places that offender in one of the two highest risk categories; or

     (b) Regardless of the offender's risk category if:

     (I) The offender's current conviction is for:

     (A) A sex offense;

     (B) A violent offense;

     (c) A crime against persons as defined in RCW 9.94A.411;

     (D) A felony that is domestic violence as defined in RCW 10.99.020;

     (E) A violation of RCW 9A.52.025 (residential burglary);

     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

     (ii) The offender has a prior conviction for:

     (A) A sex offense;

     (B) A violent offense;

     (c) A crime against persons as defined in RCW 9.94A.411;

     (D) A felony that is domestic violence as defined in RCW 10.99.020;

     (E) A violation of RCW 9A.52.025 (residential burglary);

     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

     (iii) The conditions of the offender's community custody, community placement, or community supervision include chemical dependency treatment;

     (iv) The offender was sentenced under RCW 9.94A.650 or 9.94A.670; or

     (v) The offender is subject to supervision pursuant to RCW 9.94A.745.

     (3) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody, community placement, or community supervision unless the offender is one for whom supervision is required under subsection (2) of this section.

     (4) This section expires July 1, 2010.

     Sec. 4. RCW 9.94A.700 and 2002 c 175 s 13 are each amended to read as follows:

     When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in this section, the court shall also sentence the offender to a term of community placement as provided in this section. Except as provided in section 3 of this act, the department shall supervise any sentence of community placement imposed under this section.

     (1) The court shall order a one-year term of community placement for the following:

     (a) A sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990; or

     (b) An offense committed on or after July 1, 1988, but before July 25, 1999, that is:

     (I) Assault in the second degree;

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

     (iii) A crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission; or

     (iv) A felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660.

     (2) The court shall sentence the offender to a term of community placement of two years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:

     (a) An offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, including those sex offenses also included in other offense categories;

     (b) A serious violent offense other than a sex offense committed on or after July 1, 1990, but before July 1, 2000; or

     (c) A vehicular homicide or vehicular assault committed on or after July 1, 1990, but before July 1, 2000.

     (3) The community placement ordered under this section shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible. Any period of community custody actually served shall be credited against the community placement portion of the sentence.

     (4) Unless a condition is waived by the court, the terms of any community placement imposed under this section shall include the following conditions:

     (a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

     (b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;

     (c) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;

     (d) The offender shall pay supervision fees as determined by the department; and

     (e) The residence location and living arrangements shall be subject to the prior approval of the department during the period of community placement.

     (5) As a part of any terms of community placement imposed under this section, the court may also order one or more of the following special conditions:

     (a) The offender shall remain within, or outside of, a specified geographical boundary;

     (b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

     (c) The offender shall participate in crime-related treatment or counseling services;

     (d) The offender shall not consume alcohol; or

     (e) The offender shall comply with any crime-related prohibitions.

     (6) An offender convicted of a felony sex offense against a minor victim after June 6, 1996, shall comply with any terms and conditions of community placement imposed by the department relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

     (7) Prior to or during community placement, upon recommendation of the department, the sentencing court may remove or modify any conditions of community placement so as not to be more restrictive.

     Sec. 5. RCW 9.94A.705 and 2000 c 28 s 23 are each amended to read as follows:

     Except for persons sentenced under RCW 9.94A.700(2) or 9.94A.710, when a court sentences a person to a term of total confinement to the custody of the department for a violent offense, any crime against persons under RCW 9.94A.411(2), or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660, committed on or after July 25, 1999, but before July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.728 (1) and (2). When the court sentences the offender under this section to the statutory maximum period of confinement, then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.728 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Except as provided in section 3 of this act, the department shall supervise any sentence of community placement or community custody imposed under this section.

     Sec. 6. RCW 9.94A.715 and 2001 2nd sp.s. c 12 s 302 are each amended to read as follows:

     (1) When a court sentences a person to the custody of the department for a sex offense not sentenced under RCW 9.94A.712, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, the court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community custody range established under RCW 9.94A.850 or up to the period of earned release awarded pursuant to RCW 9.94A.728 (1) and (2), whichever is longer. The community custody shall begin: (a) Upon completion of the term of confinement; (b) at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.728 (1) and (2); or (c) with regard to offenders sentenced under RCW 9.94A.660, upon failure to complete or administrative termination from the special drug offender sentencing alternative program. Except as provided in section 3 of this act, the department shall supervise any sentence of community custody imposed under this section.

     (2)(a) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also include those provided for in RCW 9.94A.700(5). The court may also order the offender to participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community, and the department shall enforce such conditions pursuant to subsection (6) of this section.

     (b) As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department under RCW 9.94A.720. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. In addition, the department may require the offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.

     (c) The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.

     (3) If an offender violates conditions imposed by the court or the department pursuant to this section during community custody, the department may transfer the offender to a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.737 and 9.94A.740.

     (4) Except for terms of community custody under RCW 9.94A.670, the department shall discharge the offender from community custody on a date determined by the department, which the department may modify, based on risk and performance of the offender, within the range or at the end of the period of earned release, whichever is later.

     (5) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.631 and may be punishable as contempt of court as provided for in RCW 7.21.040. If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.

     (6) Within the funds available for community custody, the department shall determine conditions and duration of community custody on the basis of risk to community safety, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection.

     (7) By the close of the next business day after receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect unless the reviewing officer finds that it is not reasonably related to any of the following: (a) The crime of conviction; (b) the offender's risk of reoffending; or (c) the safety of the community.

     Sec. 7. RCW 9.94A.720 and 2002 c 175 s 14 are each amended to read as follows:

     (1)(a) Except as provided in section 3 of this act, all offenders sentenced to terms involving community supervision, community restitution, community placement, or community custody((, or legal financial obligation)) shall be under the supervision of the department and shall follow explicitly the instructions and conditions of the department. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed. The department may only supervise the offender's compliance with payment of legal financial obligations during any period in which the department is authorized to supervise the offender in the community under section 3 of this act.

     (b) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

     (c) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (b) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals.

     (d) For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may impose conditions as specified in RCW 9.94A.715.

     The conditions authorized under (c) of this subsection may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to RCW 9.94A.710 occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.740 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.737. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to RCW 9.94A.710 or 9.94A.715 be continued beyond the expiration of the offender's term of community custody as authorized in RCW 9.94A.715 (3) or (5).

     The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

     (2) No offender sentenced to terms involving community supervision, community restitution, community custody, or community placement under the supervision of the department may own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the violation process and sanctions under RCW 9.94A.634, 9.94A.737, and 9.94A.740. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection has the same definition as in RCW 9.41.010.

     Sec. 8. RCW 9.94A.545 and 2000 c 28 s 13 are each amended to read as follows:

     Except as provided in RCW 9.94A.650, on all sentences of confinement for one year or less, in which the offender is convicted of a sex offense, a violent offense, a crime against a person under RCW 9.94A.411, or felony violation of chapter 69.50 or 69.52 RCW or an attempt, conspiracy, or solicitation to commit such a crime, the court may impose up to one year of community custody, subject to conditions and sanctions as authorized in RCW 9.94A.715 and 9.94A.720. An offender shall be on community custody as of the date of sentencing. However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of the sentence, the period of community custody shall toll.

     Sec. 9. 2002 c 290 s 30 (uncodified) is amended to read as follows:

     Section 2 of this act expires ((July 1, 2004)) on the effective date of section 9, chapter . . ., Laws of 2003 (section 9 of this act).

     Sec. 10. 2002 c 290 s 31 (uncodified) is amended to read as follows:

     Sections 7 through 11 and 14 through 23 of this act take effect ((July 1, 2004, and apply to crimes committed on or after July 1, 2004)) on the effective date of section 9, chapter . . ., Laws of 2003 (section 9 of this act).

     Sec. 11. RCW 70.96A.350 and 2002 c 290 s 4 are each amended to read as follows:

     (1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for: (a) Substance abuse treatment and treatment support services for offenders with an addiction or a substance abuse problem that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington state; and (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders within a drug court program. Moneys in the account may be spent only after appropriation.

     (2) For purposes of this section:

     (a) "Treatment" means services that are critical to a participant's successful completion of his or her substance abuse treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training, and mental health counseling; and

     (b) "Treatment support" means transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions.

     (3) Revenues to the criminal justice treatment account consist of: (a) ((Savings to the state general fund resulting from implementation of chapter 290, Laws of 2002, as calculated)) Funds transferred to the account pursuant to this section; and (b) any other revenues appropriated to or deposited in the account.

     (4)(a) ((The department of corrections, the sentencing guidelines commission, the office of financial management, and the caseload forecast council shall develop a methodology for calculating the projected biennial savings under this section. Savings shall be projected for the fiscal biennium beginning on July 1, 2003, and for each biennium thereafter. By September 1, 2002, the proposed methodology shall be submitted to the governor and the appropriate committees of the legislature. The methodology is deemed approved unless the legislature enacts legislation to modify or reject the methodology.

     (b) When the department of corrections submits its biennial budget request to the governor in 2002 and in each even-numbered year thereafter, the department of corrections shall use the methodology approved in (a) of this subsection to calculate savings to the state general fund for the ensuing fiscal biennium resulting from reductions in drug offender sentencing as a result of sections 2 and 3, chapter 290, Laws of 2002 and sections 7, 8, and 9, chapter 290, Laws of 2002. The department shall report the dollar amount of the savings to the state treasurer, the office of financial management, and the fiscal committees of the legislature.

     (c))) For the fiscal biennium beginning July 1, 2003, ((and each fiscal biennium thereafter,)) the state treasurer shall transfer ((seventy-five percent of the amount reported in (b) of this subsection)) eight million nine hundred fifty thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. ((However, the amount transferred to the criminal justice treatment account shall not exceed the limit of eight million two hundred fifty thousand dollars per fiscal year. After the first fiscal year in which the amount to be transferred equals or exceeds eight million two hundred fifty thousand dollars, this limit)) For the fiscal year beginning July 1, 2005, and each subsequent fiscal year, the state treasurer shall transfer eight million two hundred fifty thousand dollars from the general fund to the criminal justice treatment account, divided into four equal quarterly payments. For the fiscal year beginning July 1, 2006, and each subsequent fiscal year, the amount transferred shall be increased on an annual basis by the implicit price deflator as published by the federal bureau of labor statistics.

     (((d))) (b) For the fiscal biennium beginning July 1, 2003, and each biennium thereafter, the state treasurer shall transfer ((twenty- five percent of the amount reported in (b) of this subsection)) two million nine hundred eighty-four thousand dollars from the general fund into the violence reduction and drug enforcement account, divided into eight quarterly payments. The amounts transferred pursuant to this subsection (4)(((d))) (b) shall be used solely for providing drug and alcohol treatment services to offenders confined in a state correctional facility ((receiving a reduced sentence as a result of implementation of chapter 290, Laws of 2002 and)) who are assessed with an addiction or a substance abuse problem that if not treated would result in addiction. ((Any excess funds remaining after providing drug and alcohol treatment services to offenders receiving a reduced sentence as a result of implementation of chapter 290, Laws of 2002 may be expended to provide treatment for offenders confined in a state correctional facility and who are assessed with an addiction or a substance abuse problem that contributed to the crime.

     (e))) (c) In each odd-numbered year, the legislature shall appropriate the amount transferred to the criminal justice treatment account in (((c))) (a) of this subsection to the division of alcohol and substance abuse for the purposes of subsection (5) of this section.

     (5) Moneys appropriated to the division of alcohol and substance abuse from the criminal justice treatment account shall be distributed as specified in this subsection. The department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use moneys appropriated from the criminal justice treatment account for administrative expenses and shall distribute all amounts appropriated under subsection (4)(((e))) (c) of this section in accordance with this subsection. Beginning in July 1, 2004, the department may retain up to three percent of the amount appropriated under subsection (4)(((e))) (c) of this section for its administrative costs.

     (a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section. The division of alcohol and substance abuse, in consultation with the department of corrections, the sentencing guidelines commission, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, representatives of substance abuse treatment providers, and any other person deemed by the division to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account. County or regional plans submitted for the expenditure of formula funds must be approved by the panel established in (b) of this subsection.

     (b) Thirty percent of the amounts appropriated to the division from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney. The division shall appoint a panel of representatives from the Washington association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the superior court judges' association, the Washington state association of counties, the Washington defender's association or the Washington association of criminal defense lawyers, the department of corrections, the Washington state association of drug court professionals, substance abuse treatment providers, and the division. The panel shall review county or regional plans for funding under (a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as funded by the grants is available to offenders statewide.

     (6) The county alcohol and drug coordinator, county prosecutor, county sheriff, county superior court, a substance abuse treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court shall jointly submit a plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090 and treatment support services. No more than ten percent of the total moneys received under subsections (4) and (5) of this section by a county or group of counties participating in a regional agreement shall be spent for treatment support services.

     (7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of treatment under this section.

     (8) Moneys allocated under this section shall be used to supplement, not supplant, other federal, state, and local funds used for substance abuse treatment.

     (9) Counties must meet the criteria established in RCW 2.28.170(3)(b).

     NEW SECTION. Sec. 12. The Washington state institute for public policy shall study the results of the changes in earned release under section 1 of this act. The study shall determine whether the changes in earned release affect the rate of recidivism or the type of offenses committed by persons whose release dates were affected by the changes in this act. The Washington state institute for public policy shall report its findings to the governor and the appropriate committees of the legislature no later than December 1, 2008.

     NEW SECTION. Sec. 13. The legislature intends to revise and improve the processes for billing and collecting legal financial obligations. The purpose of sections 13 through 27 of this act is to respond to suggestions and requests made by county government officials, and in particular county clerks, to assume the collection of such obligations in cooperation and coordination with the department of corrections and the administrative office for the courts. The legislature undertakes this effort following a collaboration between local officials, the department of corrections, and the administrative office for the courts. The intent of sections 13 through 27 of this act is to promote an increased and more efficient collection of legal financial obligations and, as a result, improve the likelihood that the affected agencies will increase the collections which will provide additional benefits to all parties and, in particular, crime victims whose restitution is dependent upon the collections.

     Sec. 14. RCW 9.94A.760 and 2001 c 10 s 3 are each amended to read as follows:

     (1) Whenever a person is convicted of a felony, the court may order the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or on a subsequent order to pay, designate the total amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount. Upon receipt of an offender's monthly payment, restitution shall be paid prior to any payments of other monetary obligations. After restitution is satisfied, the county clerk shall distribute the payment proportionally among all other fines, costs, and assessments imposed, unless otherwise ordered by the court.

     (2) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration at a rate of fifty dollars per day of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ordered by the court. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department.

     (3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be issued immediately. If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.

     If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department or the county clerk may serve a notice on the offender stating such requirements and authorizations. Service shall be by personal service or any form of mail requiring a return receipt.

     (4) Independent of the department or the county clerk, the party or entity to whom the legal financial obligation is owed shall have the authority to use any other remedies available to the party or entity to collect the legal financial obligation. These remedies include enforcement in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. The judgment and sentence shall identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. If restitution is ordered pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim of rape of a child or a victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or third degree that result in the pregnancy of the victim may be enforced for the time periods provided under RCW 9.94A.750(6) and 9.94A.753(6). All other legal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments. All other legal financial obligations for an offense committed on or after July 1, 2000, may be enforced at any time the offender remains under the court's jurisdiction. For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The department ((of corrections shall)) may only supervise the offender's compliance with payment of the legal financial obligations ((for ten years following the entry of the judgment and sentence, or ten years following the offender's release from total confinement, whichever period ends later)) during any period in which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3 of this act, or in which the offender is confined in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid legal financial obligations at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.

     (5) In order to assist the court in setting a monthly sum that the offender must pay during the period of supervision, the offender is required to report to the department for purposes of preparing a recommendation to the court. When reporting, the offender is required, under oath, to respond truthfully and honestly to all questions concerning present, past, and future earning capabilities and the location and nature of all property or financial assets. The offender is further required to bring all documents requested by the department.

     (6) After completing the investigation, the department shall make a report to the court on the amount of the monthly payment that the offender should be required to make towards a satisfied legal financial obligation.

     (7)(a) During the period of supervision, the department may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter being returned to the court. During the period of supervision, the department may require the offender to report to the department for the purposes of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the department in order to prepare the collection schedule.

     (b) Subsequent to any period of supervision, or if the department is not authorized to supervise the offender in the community, the county clerk may make a recommendation to the court that the offender's monthly payment schedule be modified so as to reflect a change in financial circumstances. If the county clerk sets the monthly payment amount, the clerk may modify the monthly payment amount without the matter being returned to the court. During the period of repayment, the county clerk may require the offender to report to the clerk for the purpose of reviewing the appropriateness of the collection schedule for the legal financial obligation. During this reporting, the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets. The offender shall bring all documents requested by the county clerk in order to prepare the collection schedule.

     (8) After the judgment and sentence or payment order is entered, the department is authorized, for any period of supervision, to collect the legal financial obligation from the offender. Subsequent to any period of supervision or, if the department is not authorized to supervise the offender in the community, the county clerk is authorized to collect unpaid legal financial obligations from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purpose of disbursements. The department ((is)) and the county clerks are authorized, but not required, to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card payments shall be the responsibility of the offender.

     (9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701. Any party obtaining a wage assignment shall notify the county clerk. The county clerks shall notify the department, or the administrative office of the courts, whichever is providing the monthly billing for the offender.

     (10) The requirement that the offender pay a monthly sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject to the penalties for noncompliance as provided in RCW 9.94A.634, 9.94A.737, or 9.94A.740.

     (11)(a) Until January 1, 2004, the department shall mail individualized monthly billings to the address known by the department for each offender with an unsatisfied legal financial obligation.

     (b) Beginning January 1, 2004, the administrative office of the courts shall mail individualized monthly billings to the address known by the office for each offender with an unsatisfied legal financial obligation.

     (c) The billing shall direct payments, other than outstanding cost of supervision assessments under RCW 9.94A.780, parole assessments under RCW 72.04A.120, and cost of probation assessments under RCW 9.95.214, to the county clerk, and cost of supervision, parole, or probation assessments to the department.

     (d) The county clerk shall provide the ((department with individualized monthly billings for each offender with an unsatisfied legal financial obligation and shall provide the department)) administrative office of the courts with notice of payments by such offenders no less frequently than weekly.

     (e) The county clerks, the administrative office of the courts, and the department shall maintain agreements to implement this subsection.

     (12) The department ((may)) shall arrange for the collection of unpaid legal financial obligations during any period of supervision in the community through the county clerk((, or)). The department shall either collect unpaid legal financial obligations or arrange for collections through another entity if the clerk does not assume responsibility for collection pursuant to subsection (4) of this section. The costs for collection services shall be paid by the offender.

     (13) Nothing in this chapter makes the department, the state, the counties, or any ((of its)) state or county employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations or for the acts of any offender who is no longer, or was not, subject to supervision by the department for a term of community custody, community placement, or community supervision, and who remains under the jurisdiction of the court for payment of legal financial obligations.

     Sec. 15. RCW 9.94A.750 and 2000 c 28 s 32 are each amended to read as follows:

     This section applies to offenses committed on or before July 1, 1985.

     (1) If restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have.

     (2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.

     (3) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the offense.

     (4) For the purposes of this section, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. ((If jurisdiction under the criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent period.)) The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during either the initial ten-year period or subsequent ten-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3 of this act, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.

     (5) Restitution may be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section. In addition, restitution may be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

     (6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a proceeding in superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.

     (7) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

     (8) This section does not limit civil remedies or defenses available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.

     Sec. 16. RCW 9.94A.753 and 2000 c 226 s 3 and 2000 c 28 s 33 are each reenacted and amended to read as follows:

     This section applies to offenses committed after July 1, 1985.

     (1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days except as provided in subsection (7) of this section. The court may continue the hearing beyond the one hundred eighty days for good cause. The court shall then set a minimum monthly payment that the offender is required to make towards the restitution that is ordered. The court should take into consideration the total amount of the restitution owed, the offender's present, past, and future ability to pay, as well as any assets that the offender may have.

     (2) During the period of supervision, the community corrections officer may examine the offender to determine if there has been a change in circumstances that warrants an amendment of the monthly payment schedule. The community corrections officer may recommend a change to the schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.

     (3) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime.

     (4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of ten years following the offender's release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000, the offender shall remain under the court's jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence concerning restitution may be modified as to amount, terms, and conditions during any period of time the offender remains under the court's jurisdiction, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The offender's compliance with the restitution shall be supervised by the department ((for ten years following the entry of the judgment and sentence or ten years following the offender's release from total confinement. The department is not responsible for supervision of the offender during any subsequent period of time the offender remains under the court's jurisdiction)) only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, section 3 of this act, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period. The department is responsible for supervision of the offender only during confinement and authorized supervision and not during any subsequent period in which the offender remains under the court's jurisdiction. The county clerk is authorized to collect unpaid restitution at any time the offender remains under the jurisdiction of the court for purposes of his or her legal financial obligations.

     (5) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property or as provided in subsection (6) of this section unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

     (6) Restitution for the crime of rape of a child in the first, second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim's medical expenses that are associated with the rape and resulting pregnancy; and (b) child support for any child born as a result of the rape if child support is ordered pursuant to a civil superior court or administrative order for support for that child. The clerk must forward any restitution payments made on behalf of the victim's child to the Washington state child support registry under chapter 26.23 RCW. Identifying information about the victim and child shall not be included in the order. The offender shall receive a credit against any obligation owing under the administrative or superior court order for support of the victim's child. For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order for the period provided in RCW 4.16.020 or a maximum term of twenty-five years following the offender's release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever period is longer. The court may not reduce the total amount of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise the offender's compliance with the restitution ordered under this subsection.

     (7) Regardless of the provisions of subsections (1) through (6) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the judgment and sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

     (8) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

     (9) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.

     NEW SECTION. Sec. 17. A new section is added to chapter 9.94A RCW to read as follows:

     If an offender with an unsatisfied legal financial obligation is not subject to supervision by the department for a term of community placement, community custody, or community supervision, or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her term of community placement, community custody, or community supervision, the department shall notify the administrative office of the courts of the termination of the offender's supervision and provide information to the administrative office of the courts to enable the county clerk to monitor payment of the remaining obligations. The county clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for the courts shall enter into an interagency agreement to facilitate the electronic transfer of information about offenders, unpaid obligations, and payees to carry out the purposes of this section.

     Sec. 18. RCW 9.94A.780 and 1991 c 104 s 1 are each amended to read as follows:

     (1) Whenever a punishment imposed under this chapter requires supervision services to be provided, the offender shall pay to the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be for the duration of the terms of supervision and which shall be considered as payment or part payment of the cost of providing supervision to the offender. The department may exempt or defer a person from the payment of all or any part of the assessment based upon any of the following factors:

     (a) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments.

     (b) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment.

     (c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the department.

     (d) The offender's age prevents him or her from obtaining employment.

     (e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship on the offender.

     (f) Other extenuating circumstances as determined by the department.

     (2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may, if it finds it appropriate, prescribe a schedule of assessments that shall vary in accordance with the intensity or cost of the supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars.

     (3) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.

     (4) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95 RCW or to probation services provided for persons placed on probation prior to June 10, 1982.

     (5) If a county clerk assumes responsibility for collection of unpaid legal financial obligations under RCW 9.94A.760, or under any agreement with the department under that section, whether before or after the completion of any period of community placement, community custody, or community supervision, the clerk may impose a monthly or annual assessment for the cost of collections. The amount of the assessment shall not exceed the actual cost of collections. The county clerk may exempt or defer payment of all or part of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall apply it to the cost of collecting legal financial obligations under RCW 9.94A.760.

     Sec. 19. RCW 9.94A.637 and 2002 c 16 s 2 are each amended to read as follows:

     (1)(a) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

     (b)(I) When an offender has reached the end of his or her supervision with the department and has completed all the requirements of the sentence except his or her legal financial obligations, the secretary's designee shall provide the county clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.

     (ii) When the department has provided the county clerk with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court, including the notice from the department, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

     (2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the court resides and to the department. The department shall create and maintain a data base containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.

     (3) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.

     (4) Except as provided in subsection (5) of this section, the discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation.

     (5) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.

     (6) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.

     NEW SECTION. Sec. 20. A new section is added to chapter 36.23 RCW to read as follows:

     The Washington association of county officials, in consultation with county clerks, shall determine a funding formula for allocation of moneys to counties for purposes of collecting legal financial obligations, and report this formula to the legislature and the administrative office of the courts by September 1, 2003. The Washington association of county officials shall report on the amounts of legal financial obligations collected by the county clerks to the appropriate committees of the legislature no later than December 1, 2004, and annually thereafter.

     NEW SECTION. Sec. 21. A new section is added to chapter 2.56 RCW to read as follows:

     By October 1, 2003, and annually thereafter, the administrative office of the courts shall distribute such funds to counties for county clerk collection budgets as are appropriated by the legislature for this purpose, using the funding formula recommended by the Washington association of county officials. The administrative office of the courts shall not deduct any amount for indirect or direct costs, and shall distribute the entire amount appropriated by the legislature to the counties for county clerk collection budgets. The administrative office of the courts shall report on the amounts distributed to counties to the appropriate committees of the legislature no later than December 1, 2003, and annually thereafter.

     The administrative office of the courts may expend for the purposes of billing for legal financial obligations, such funds as are appropriated for the legislature for this purpose.

     NEW SECTION. Sec. 22. A new section is added to chapter 9.94A RCW to read as follows:

     Notwithstanding any other provision of state law, monthly payment or starting dates set by the court or the department before or after the effective date of this section shall not be construed as a limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means. Monthly payments and commencement dates are to be construed to be applicable solely as a limitation upon the deprivation of an offender's liberty for nonpayment.

     Sec. 23. RCW 4.56.100 and 1997 c 358 s 4 are each amended to read as follows:

     (1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his or her attorney of record in such action or his or her assignee acknowledged as deeds are acknowledged. The clerk has the authority to note the satisfaction of judgments for criminal and juvenile legal financial obligations when the clerk's record indicates payment in full or as directed by the court. Every satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment. A certificate by such clerk of the entry of such satisfaction by him or her may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged.

     (2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section.

     (((3) The department of corrections shall file a satisfaction of judgment if a person does not pay money through the clerk's office as required under subsection (1) of this section.))

     NEW SECTION. Sec. 24. A new section is added to chapter 9.94A RCW to read as follows:

     The provisions of sections 13 through 27 of this act apply to all offenders currently, or in the future, subject to sentences with unsatisfied legal financial obligations. The provisions of sections 13 through 27 of this act do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may be, under the jurisdiction of the court for collection of legal financial obligations.

     Sec. 25. RCW 72.09.111 and 2002 c 126 s 2 are each amended to read as follows:

     (1) The secretary shall deduct taxes and legal financial obligations from the gross wages ((or)), gratuities, or workers' compensation benefits payable directly to the inmate under chapter 51.32 RCW, of each inmate working in correctional industries work programs, ((taxes and legal financial obligations)) or otherwise receiving such wages, gratuities, or benefits. The secretary shall develop a formula for the distribution of offender wages ((and)), gratuities, and benefits. The formula shall not reduce the inmate account below the indigency level, as defined in RCW 72.09.015.

     (a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:

     (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

     (ii) Ten percent to a department personal inmate savings account;

     (iii) Twenty percent to the department to contribute to the cost of incarceration; and

     (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

     (b) The formula shall include the following minimum deductions from class II gross gratuities:

     (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

     (ii) Ten percent to a department personal inmate savings account;

     (iii) Fifteen percent to the department to contribute to the cost of incarceration; and

     (iv) Twenty percent for payment of legal financial obligations for all inmates who have legal financial obligations owing in any Washington state superior court.

     (c) The formula shall include the following minimum deductions from any workers' compensation benefits paid pursuant to RCW 51.32.080:

     (I) Five percent to the public safety and education account for the purpose of crime victims' compensation;

     (ii) Ten percent to a department personal inmate savings account;

     (iii) Twenty percent to the department to contribute to the cost of incarceration; and

     (iv) An amount equal to any legal financial obligations owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.

     (d) The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.

     (((d))) (e) The formula shall include the following minimum deductions from class III gratuities: Five percent for the purpose of crime victims' compensation.

     (2) Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under subsection (1)(a)(ii) ((or)), (b)(ii) ((of this subsection)), or (c)(ii).

     (3) The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement, unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

     (4) In the event that the offender worker's wages ((or)), gratuity, or workers' compensation benefit is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.

     (((2))) (5) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.

     (((3))) (6) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs.

     (((4))) (7) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

     (a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

     (b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

     (c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

     (d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

     (e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;

     (f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.

     (((5))) (8) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.

     NEW SECTION. Sec. 26. A new section is added to chapter 51.32 RCW to read as follows:

     If the department of labor and industries has received notice that an injured worker entitled to benefits payable under this chapter is in the custody of the department of corrections pursuant to a conviction and sentence, the department shall send all such benefits to the worker in care of the department of corrections, except those benefits payable to a beneficiary as provided in RCW 51.32.040 (3)(c) and (4). Failure of the department to send such benefits to the department of corrections shall not result in liability to any party for either department.

     Sec. 27. RCW 51.32.040 and 1999 c 185 s 1 are each amended to read as follows:

     (1) Except as provided in RCW 43.20B.720 ((and)), 72.09.111, 74.20A.260, and section 26 of this act, no money paid or payable under this title shall, before the issuance and delivery of the check or warrant, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge is void unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045.

     (2)(a) If any worker suffers (I) a permanent partial injury and dies from some other cause than the accident which produced the injury before he or she receives payment of the award for the permanent partial injury or (ii) any other injury before he or she receives payment of any monthly installment covering any period of time before his or her death, the amount of the permanent partial disability award or the monthly payment, or both, shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the award or the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.

     (b) If any worker suffers an injury and dies from it before he or she receives payment of any monthly installment covering time loss for any period of time before his or her death, the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the department or self-insurer and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.

     (c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring employer within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this subsection (2) by sending any payment due in the name of the decedent and to the last known address of the decedent.

     (3)(a) Any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled during the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the worker or beneficiary would, except for the provisions of this subsection (3), otherwise be entitled to them.

     (b) If any prisoner is injured in the course of his or her employment while participating in a work or training release program authorized by chapter 72.65 RCW and is subject to the provisions of this title, he or she is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in the program has been canceled, or unless he or she is returned to a state correctional institution, as defined in RCW 72.65.010(3), as a result of revocation of parole or new sentence.

     (c) If the confined worker has any beneficiaries during the confinement period during which benefits are canceled under (a) or (b) of this subsection, they shall be paid directly the monthly benefits which would have been paid to the worker for himself or herself and the worker's beneficiaries had the worker not been confined.

     (4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall be paid on a monthly basis to his or her beneficiaries.

     NEW SECTION. Sec. 28. 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. 29. (1) Sections 1 through 12, 20, and 28 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003.

     (2) Sections 13 through 19 and 21 through 27 of this act take effect October 1, 2003."

     Correct the title., and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


MOTION


    On motion of Senator Stevens, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5990.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5990, as amended by the House.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5990, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.

     Voting nay: Senators Brandland, Eide, Roach and Sheldon, T.- 4.

     Excused: Senators Horn and Poulsen - 2.

    ENGROSSED SUBSTITUTE SENATE BILL NO. 5990, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


    At 4:05 p.m., on motion of Senator Sheahan, the Senate adjourned until 1:30 p.m., Saturday, April 26, 2003.


BRAD OWEN, President of the Senate


MILTON H. DOUMIT, Jr., Secretary of the Senate