EIGHTY-EIGHTH DAY

MORNING SESSION

Senate Chamber, Olympia, Thursday, April 7, 2005

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Brown, Kohl-Welles and Oke.

      The Sergeant at Arms Color Guard consisting of Pages Alexander Giebelhaus and Logan Barnes, presented the Colors. Pastor Betty Hatter of The City of Truth Ministries offered the prayer.


MOTION


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

 

MOTION

 

      There being no objection, the Senate advanced to the first order of business.

 

REPORTS OF STANDING COMMITTEES

 

April 6, 2005

EHB 2255          Making adjustments to improve benefit equity in the unemployment insurance system.           

 

MAJORITY recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Franklin, Vice Chair; Brown, Keiser and Prentice

 

MINORITY recommendation: Do not pass. Signed by Senators Hewitt, Honeyford and Parlette

 

Passed to Committee on Rules for second reading.

 

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

 

April 6, 2005

SGA 9026          ELLIS H. CASSON, appointed June 15, 2004, for the term ending June 17, 2009, as Member of the Human Rights Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9231          REIKO CALLNER, reappointed February 25, 2002, for the term ending June 17, 2005, as a Chair of the Human Rights Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9237          HAROLD CLARKE, appointed February 28, 2005, for the term ending at the governor's pleasure, as Secretary of the Department of Corrections. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Carrell, Stevens and Thibaudeau

 

Passed to Committee on Rules for second reading.

 


April 6, 2005

SGA 9239          EDWARD DELMORE, reappointed August 3, 2004, for the term ending August 2, 2007, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9240          TARI EITZEN, reappointed January 22, 2003, for the term ending August 2, 2006, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9242          ELLEN FAIR, reappointed August 20, 2003, for the term ending August 2, 2006, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9244          BRIAN GAIN, reappointed October 7, 2002, for the term ending August 2, 2005, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9248          JERRY HEBERT, appointed March 8, 2005, for the term ending June 17, 2005, as Member of the Human Rights Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9261          MARY MEINIG, reappointed August 5, 2003, for the term ending December 31, 2005, as Member of the Office of the Family and Children's Ombudsman. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Carrell, Stevens and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9263          DEBORAH MOORE, reappointed August 20, 2003, for the term ending August 2, 2006, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9266          JAMES L. NAGLE, reappointed August 3, 2004, for the term ending August 2, 2007, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9268          LENELL NUSSBAUM, reappointed October 7, 2002, for the term ending August 2, 2005, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9272          MARY PLACE, reappointed October 7, 2002, for the term ending August 2, 2005, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9284          JENNY WIELAND, reappointed October 7, 2002, for the term ending August 2, 2005, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9290          HOWARD L. PHILLIPS, reappointed August 20, 2003, for the term ending August 2, 2006, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 6, 2005

SGA 9303          ROBIN ARNOLD-WILLIAMS, appointed March 15, 2005, for the term ending at the governor's pleasure, as Secretary of the Department of Social and Health Services. Reported by Committee on Human Services & Corrections

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Hargrove, Chair; Regala, Vice Chair; Carrell, Stevens and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

MOTION

 

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

 

MOTION


      On motion of Senator Eide, the Senate advanced to the third order of business.


MESSAGES FROM THE STATE OFFICES


April 6, 2005

STATE OF WASHINGTON

Olympia, Washington 98504-5000


Mr. Thomas Hoemann

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Hoemann:

Enclosed is Department of Social & Health Services, “Family Visitation for Dependent Children.” This report is mandated under Chapter 146, Laws of 2004.

If you have any questions about the report, please call Deborah Reed at 360-902-7953.

Sincerely,

Dennis Braddock, Secretary

The Department of Social & Health Services, “Family Visitation for Dependent Children” is on file in the Office of the Secretary of the Senate.

 

MESSAGES FROM THE STATE OFFICES


April 6, 2005

STATE OF WASHINGTON

Olympia, Washington 98504-5000


Mr. Thomas Hoemann

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Hoemann:

Enclosed is Department of Social & Health Services, "Services to Persons with Disabilities who are Discharged or Diverted from State Hospitals or Individuals with Community Protection Issues". This report is mandated under Chapter 25, Laws of 2003, E2, Section 205(1)(d).

If you have any questions about the report, please call Shirley Everard at 360-725-3444.

Sincerely,

Kathy Frey, Secretary

The Department of Social & Health Services, "Services to Persons with Disabilities who are Discharged or Diverted from State Hospitals or Individuals with Community Protection Issues" is on file in the Office of the Secretary of the Senate.

 

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS



March 29, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

BILL BRUMSICKLE, appointed March 30, 2005, for the term ending December 31, 2008, as Member of the Public Disclosure Commission.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Government Operations & Elections.

 

March 10, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

RITA CREIGHTON, appointed March 10, 2005, for the term ending September 30, 2008, as Member, Board of Trustees, Highline Community College District No. 9.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Early Learning, K-12 & Higher Education.

 

March 30, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

CHUCK PERRY, appointed March 15, 2005, for the term ending December 31, 2006, as Member of the Fish and Wildlife Commission.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Natural Resources, Ocean & Recreation.

 

March 29, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

KENNETH SCHELLBERG, appointed March 30, 2005, for the term ending December 31, 2009, as Member of the Public Disclosure Commission.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Government Operations & Elections.

 

March 31, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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


TERRY SEBRING, appointed May 1, 2005, for the term ending March 1, 2011, as a Chair of the Tax appeals Board.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Ways & Means.

 

March 8, 2005

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

BETTI L. SHELDON, appointed February 24, 2005, for the term ending June 30, 2008, as Member of the Higher Education Coordinating Board.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Early Learning, K-12 & Higher Education.

 

MOTION


On motion of Senator Eide, all appointees listed on the Gubernatorial Appointments report were referred to the committees as designated.

 

MOTION


At 9:08 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 11:04 a.m. by President Owen.

 

MOTION


      On motion of Senator Eide, the Senate advanced to the fourth order of business.


MESSAGES FROM THE HOUSE


April 6, 2005


MR. PRESIDENT:


The Speaker has signed:

      SENATE BILL NO. 5135,

      SENATE BILL NO. 5168,

      SUBSTITUTE SENATE BILL NO. 5178,

      SUBSTITUTE SENATE BILL NO. 5190,

      SENATE BILL NO. 5198,

      SUBSTITUTE SENATE BILL NO. 5230,

      SENATE BILL NO. 5268,

      SUBSTITUTE SENATE BILL NO. 5316,

      SENATE BILL NO. 5358,

      SENATE BILL NO. 5391,

      SUBSTITUTE SENATE BILL NO. 5406,

      SENATE BILL NO. 5424,

      SUBSTITUTE SENATE BILL NO. 5488,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


April 6, 2005


MR. PRESIDENT:


The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1387,

      HOUSE BILL NO. 1396,

      HOUSE BILL NO. 1479,

      SUBSTITUTE HOUSE BILL NO. 1502,

      HOUSE BILL NO. 1554,

      SUBSTITUTE HOUSE BILL NO. 1657,

      HOUSE BILL NO. 1759,

      SUBSTITUTE HOUSE BILL NO. 1891,

      HOUSE BILL NO. 2166,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


April 6, 2005


MR. PRESIDENT:


The Speaker has signed:

      HOUSE BILL NO. 1048,

      SUBSTITUTE HOUSE BILL NO. 1097,

      HOUSE BILL NO. 1140,

      SUBSTITUTE HOUSE BILL NO. 1171,

      ENGROSSED HOUSE BILL NO. 1246,

      HOUSE BILL NO. 1260,

      HOUSE BILL NO. 1319,

      HOUSE BILL NO. 1325,

      HOUSE BILL NO. 1327,

      HOUSE BILL NO. 1328,

      HOUSE BILL NO. 1329,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


SIGNED BY THE PRESIDENT


The President signed:

      SUBSTITUTE HOUSE BILL NO. 1387,

      HOUSE BILL NO. 1396,

      HOUSE BILL NO. 1479,

      SUBSTITUTE HOUSE BILL NO. 1502,

      HOUSE BILL NO. 1554,

      SUBSTITUTE HOUSE BILL NO. 1657,

      HOUSE BILL NO. 1759,

      SUBSTITUTE HOUSE BILL NO. 1891,

      HOUSE BILL NO. 2166.


SIGNED BY THE PRESIDENT

 

The President signed:

      HOUSE BILL NO. 1048,

      SUBSTITUTE HOUSE BILL NO. 1097,

      HOUSE BILL NO. 1140,

      SUBSTITUTE HOUSE BILL NO. 1171,

      ENGROSSED HOUSE BILL NO. 1246,

      HOUSE BILL NO. 1260,

      HOUSE BILL NO. 1319,

      HOUSE BILL NO. 1325,

      HOUSE BILL NO. 1327,

      HOUSE BILL NO. 1328,

      HOUSE BILL NO. 1329.


MOTION


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


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1181, by Representatives Flannigan, Ericksen, Wallace, Woods, Chase and Kilmer

 

      Facilitating sealed ocean-going container movement.



      The measure was read the second time.


MOTION


      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 46.44 RCW to read as follows:

      (1) The department of transportation, with respect to state highways maintained within port district property, may, at the request of a port commission, make and enter into agreements with port districts and adjacent jurisdictions or agencies of the districts, for the purpose of identifying, managing, and maintaining short heavy haul industrial corridors within port district property for the movement of overweight sealed containers used in international trade.

      (2) The department may issue special permits to vehicles operating in the heavy haul industrial corridor to carry weight in excess of weight limits established in RCW 46.44.041. However, the excess weight on a single axle, tandem axle, or any axle group must not exceed that allowed by RCW 46.44.091 (1) and (2), weight per tire must not exceed six hundred pounds per inch width of tire, and gross vehicle weight must not exceed one hundred five thousand five hundred pounds.

      (3) The entity operating or hiring vehicles moving overweight sealed containers used in international trade must pay a fee for each special permit of one hundred dollars per month or one thousand dollars annually, beginning from the date of issue, for all movements under the special permit made on state highways within the heavy haul industrial corridor. Under no circumstances are the for hire carriers or rail customers responsible for the purchase or cost of the permits. All funds collected, except the amount retained by authorized agents of the department under RCW 46.44.096, must be forwarded to the state treasurer and deposited in the motor vehicle fund.

      (4) For purposes of this section, an overweight sealed container used in international trade, including its contents, is considered nondivisible when transported within a heavy haul industrial corridor defined by the department.

      (5) Any agreement entered into by the department as authorized under this section with a port district adjacent to Puget Sound and located within a county that has a population of more than seven hundred thousand, but less than one million, must limit the applicability of any established heavy haul corridor to that portion of state route no. 509 beginning at milepost 0.25 in the vicinity of East 'D' Street and ending at milepost 3.88 in the vicinity of Taylor Way.

      (6) The department of transportation may adopt reasonable rules to implement this section."

      Senator Haugen spoke in favor of adoption of the committee striking amendment.


      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation Substitute House Bill No. 1181.

      The motion by Senator Haugen carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

      In line 2 of the title, after "railheads;" strike the remainder of the title and insert "and adding a new section to chapter 46.44 RCW."

 

MOTION


      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1181, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.


MOTION


On motion of Senator Honeyford, Senator Benton was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1181, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1181, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Absent: Senators Brown, Kohl-Welles and Oke - 3

      Excused: Senator Benton - 1

      SUBSTITUTE HOUSE BILL NO. 1181, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTIONS


On motion of Senator Weinstein, Senator Brown was excused.

      On motion of Senator Hewitt, Senators Oke and Kohl-Welles were excused.

 

SECOND READING

 

      HOUSE BILL NO. 1092, by Representatives Grant, Newhouse, Kristiansen and Linville

 

      Modifying rural Washington loan fund provisions.


      The measure was read the second time.


MOTION


      On motion of Senator Shin, the rules were suspended, House Bill No. 1092 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Shin and Pflug spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1092.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1092 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.


      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Excused: Senators Benton, Brown, Kohl-Welles and Oke - 4

      HOUSE BILL NO. 1092, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1688, by House Committee on Appropriations (originally sponsored by Representatives Cody, Clibborn, Moeller, Sommers, Kenney and Schual-Berke)

 

      Creating a task force to review the certificate of need program and the health care facilities bonding program. Revised for 2nd Substitute: Creating a task force to review health care facilities and services supply issues. (REVISED FOR ENGROSSED: Studying and preparing recommendations to improve and update the certificate of need program.)


      The measure was read the second time.


MOTION

 

      Senator Keiser moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that:

      (1) Since the enactment of health planning and development legislation in 1979, the widespread adoption of new health care technologies has resulted in significant advancements in the diagnosis and treatment of disease, and has enabled substantial expansion of sites where complex care and surgery can be performed;

      (2) New and existing technologies, supply sensitive health services, and demographics have a substantial effect on health care expenditures. Yet, evidence related to their effectiveness is not routinely or systematically considered in decision making regarding widespread adoption of these technologies and services. The principles of evidence-based medicine call for comprehensive review of data and studies related to a particular health care service or device, with emphasis given to high quality, objective studies. Findings regarding the effectiveness of these health services or devices should then be applied to increase the likelihood that they will be used appropriately;

      (3) The standards governing whether a certificate of need should be granted in RCW 70.38.115 focus largely on broad concepts of access to and availability of health services, with only limited consideration of cost-effectiveness. Moreover, the standards do not provide explicit guidance for decision making or evaluating competing certificate of need applications; and

      (4) The certificate of need statute plays a vital role and should be reexamined and strengthened to reflect changes in health care delivery and financing since its enactment.

      NEW SECTION. Sec. 2. (1) A task force is created to study and prepare recommendations to the governor and the legislature related to improving and updating the certificate of need program in chapter 70.38 RCW. The report must be submitted to the governor and appropriate committees of the legislature by November 1, 2006.

      (2) Members of the task force must be appointed by the governor. The task force members shall elect a member of the task force to serve as chair. Members of the task force include:

      (a) Four representatives of the legislature, including one member appointed by each caucus of the house of representatives and the senate;

      (b) Two representatives of private employer-sponsored health benefits purchasers;

      (c) One representative of labor organizations that purchase health benefits through Taft-Hartley plans;

      (d) One representative of health carriers;

      (e) Two representatives of health care consumers;

      (f) One health care economist;

      (g) The secretary of the department of social and health services, or his or her designee;

      (h) The administrator of the health care authority, or his or her designee;

      (i) The secretary of the department of health; and

      (j) Two health care provider representatives, chosen by the members of the technical advisory committee established in subsection (3) of this section, from among the members of that committee.

      (3) The task force shall establish one or more technical advisory committees composed of affected health care providers and other individuals or entities who can serve as a source of technical expertise. The task force shall actively consult with, and solicit recommendations from, the technical advisory committee or committees regarding issues under consideration by the task force.

      (4) Subject to the availability of amounts appropriated for this specific purpose, staff support for the task force shall be provided by the health care authority. The health care authority shall contract for technical expertise necessary to complete the responsibilities of the task force. Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050.

      NEW SECTION. Sec. 3. (1) In conducting the certificate of need study and preparing recommendations, the task force shall be guided by the following principles:

      (a) The supply of a health service can have a substantial impact on utilization of the service, independent of the effectiveness, medical necessity, or appropriateness of the particular health service for a particular individual;

      (b) Given that health care resources are not unlimited, the impact of any new health service or facility on overall health expenditures in the state must be considered;

      (c) Given our increasing ability to undertake technology assessment and measure the quality and outcomes of health services, the likelihood that a requested new health facility, service, or equipment will improve health care quality and outcomes must be considered; and

      (d) It is generally presumed that the services and facilities currently subject to certificate of need should remain subject to those requirements.

      (2) The task force shall, at a minimum, examine and develop recommendations related to the following issues:

      (a) The need for a new and regularly updated set of service and facility specific policies that guide certificate of need decisions;

      (b) A review of the purpose and goals of the current certificate of need program, including the relationship between the supply of health services and health care outcomes and expenditures in Washington state;

      (c) The scope of facilities, services, and capital expenditures that should be subject to certificate of need review, including consideration of the following:

      (i) Acquisitions of major medical equipment, meaning a single unit of medical equipment or a single system of components with related functions used to provide medical and other health services;

      (ii) Major capital expenditures. Capital expenditures for information technology needed to support electronic health records should be encouraged;

      (iii) The offering or development of any new health services, as defined in RCW 70.38.025, that meets any of the following:

      (A) The obligation of substantial capital expenditures by or on behalf of a health care facility that is associated with the addition of a health service that was not offered on a regular basis by or on behalf of the health care facility within the twelve-month period prior to the time the services would be offered;

      (B) The addition of equipment or services, by transfer of ownership, acquisition by lease, donation, transfer, or acquisition of control, through management agreement or otherwise, that was not offered on a regular basis by or on behalf of the health care facility or the private office of a licensed health care provider regulated under Title 18 RCW or chapter 70.127 RCW within the twelve-month period prior to the time the services would be offered and that for the third fiscal year of operation, including a partial first year following acquisition of that equipment or service, is projected to entail substantial incremental operating costs or annual gross revenue directly attributable to that health service;

      (iv) The scope of health care facilities subject to certificate of need requirements, to include consideration of hospitals, including specialty hospitals, psychiatric hospitals, nursing facilities, kidney disease treatment centers including freestanding hemodialysis facilities, rehabilitation facilities, ambulatory surgical facilities, freestanding emergency rooms or urgent care facilities, home health agencies, hospice agencies and hospice care centers, freestanding radiological service centers, freestanding cardiac catheterization centers, or cancer treatment centers. "Health care facility" includes the office of a private health care practitioner in which surgical procedures are performed;

      (d) The criteria for review of certificate of need applications, as currently defined in RCW 70.38.115, with the goal of having criteria that are consistent, clear, technically sound, and reflect state law, including consideration of:

      (i) Public need for the proposed services as demonstrated by certain factors, including, but not limited to:

      (A) Whether, and the extent to which, the project will substantially address specific health problems as measured by health needs in the area to be served by the project;

      (B) Whether the project will have a positive impact on the health status indicators of the population to be served;

      (C) Whether there is a substantial risk that the project would result in inappropriate increases in service utilization or the cost of health services;

      (D) Whether the services affected by the project will be accessible to all residents of the area proposed to be served; and

      (E) Whether the project will provide demonstrable improvements in quality and outcome measures applicable to the services proposed in the project, including whether there is data to indicate that the proposed health services would constitute innovations in high quality health care delivery;

      (ii) Impact of the proposed services on the orderly and economic development of health facilities and health resources for the state as demonstrated by:

      (A) The impact of the project on total health care expenditures after taking into account, to the extent practical, both the costs and benefits of the project and the competing demands in the local service area and statewide for available resources for health care;

      (B) The impact of the project on the ability of existing affected providers and facilities to continue to serve uninsured or underinsured residents of the community and meet demands for emergency care;

      (C) The availability of state funds to cover any increase in state costs associated with utilization of the project's services; and

      (D) The likelihood that more effective, more accessible, or less costly alternative technologies or methods of service delivery may become available;

      (e) The timeliness and consistency of certificate of need reviews and decisions, the sufficiency and use of resources available to the department of health to conduct timely reviews, the means by which the department of health projects future need for services, the ability to reflect differences among communities and approaches to providing services, and clarification on the use of the concurrent review process; and

      (f) Mechanisms to monitor ongoing compliance with the assumptions made by facilities that have received either a certificate of need or an exemption to a certificate of need, including those related to volume, the provision of charity care, and access to health services to medicaid and medicare beneficiaries as well as underinsured and uninsured members of the community.

      (3) In developing its recommendations, the task force shall consider the results of a performance audit of the department of health regarding its administration and implementation of the certificate of need program. The audit shall be conducted by the joint legislative audit and review committee, and be completed by July 1, 2006.

      NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void."

      Senator Keiser spoke in favor of adoption of the committee striking amendment.


MOTION


Senator Parlette moved that the following amendment to the committee striking amendment by Senator Parlette be adopted.

      On page 3, line 13 of the amendment, after "considered;" insert "and"

      On page 3, line 17 of the amendment, after "considered" strike all material through "requirements" on line 20.

      Senator Parlette spoke in favor of adoption of the amendment to the committee striking amendment.

      Senators Keiser and Deccio spoke against adoption of the amendment to the committee striking amendment.


MOTION


On motion of Senator Regala, Senator Kline was excused.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Parlette on page 3, line 13 to the committee striking amendment to Engrossed Second Substitute House Bill No. 1688.

The motion by Senator Parlette failed and the amendment to the committee striking amendment was not adopted by voice vote.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Second Substitute House Bill No. 1688.

      The motion by Senator Keiser carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 


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

      On page 1, line 2 of the title, after "issues;" strike the remainder of the title and insert "and creating new sections."

 

MOTION


      On motion of Senator Keiser, the rules were suspended, Engrossed Second Substitute House Bill No. 1688, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Keiser spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1688, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1688, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 34; Nays, 11; Absent, 0; Excused, 4.

      Voting yea: Senators Berkey, Carrell, Deccio, Delvin, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, McAuliffe, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 34

      Voting nay: Senators Benson, Brandland, Esser, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Roach and Swecker - 11

      Excused: Senators Benton, Brown, Kohl-Welles and Oke - 4

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1688, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1608, by House Committee on Economic Development, Agriculture & Trade (originally sponsored by Representatives Grant, Holmquist, Linville, Buri, Wallace, Newhouse, Hinkle, Walsh, Quall, Kenney, Armstrong, Clements, Kristiansen, P. Sullivan, Blake, Haler, Kessler, Morrell, Chase, Skinner, McDermott and Santos)

 

      Creating the potato commission.


      The measure was read the second time.


MOTION

 

      Senator Rasmussen moved that the following committee striking amendment by the Committee on Agriculture & Rural Economic Development be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The production of potatoes within this state is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their general welfare that its potato industry be encouraged by enabling producers of potatoes to help themselves in establishing orderly, fair, sound, efficient, and unhampered marketing, trade, grading, and standardization of the potatoes they produce.

      (2) It is in the public interest that support for the potato industry be clearly expressed, that adequate protection be given to the industry, and that the industry's collective activities and operations include:

      (a) Enhancing the reputation and image of Washington state's potatoes and potato producers;

      (b) Working to eliminate or limit impediments affecting the sale and use of Washington state's potatoes in local, domestic, and foreign markets;

      (c) Protecting the public by educating the public in reference to the quality, care, and methods used in the production of Washington state's potatoes;

      (d) Increasing the public knowledge of nutritional value, health-giving qualities, and dietetic value of Washington state's potatoes and products; and

      (e) Supporting and engaging in programs or activities that benefit the planting, production, harvesting, handling, processing, transportation, trade, and use of potatoes produced in Washington state.

      NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Affected area" or "area of production" are synonymous and mean the state of Washington.

      (2) "Affected handler" means any handler of potatoes who is subject to this chapter.

      (3) "Affected producer" means any producer who is subject to this chapter.

      (4) "Assessment" means the monetary amount established in this chapter that is to be paid by each affected producer to the commission in accordance with the schedule established in this chapter.

      (5) "Commercial quantities" means and includes five hundredweight or more.

      (6) "Commission" means the potato commission established in this chapter.

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

      (8) "Director" means the director of agriculture of the state of Washington or any qualified person or persons designated by the director of agriculture to act for him or her concerning some matter under this chapter.

      (9) "District" means the geographical divisions of the area of potato production established under this chapter.

      (10) "Fiscal year" means the twelve-month period beginning July 1st of any year.

      (11) "Handler" means any person who acts, either as principal, agent, or otherwise, in the processing, packing, shipping, selling, or distributing of potatoes that are not produced by the handler. "Handler" does not include a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.

      (12) "Hosting" includes providing meals, refreshments, lodging, transportation, gifts of nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.

      (13) "Hundredweight" or "affected unit" are synonymous and mean each one hundred pound unit or any combination of packages making a one hundred pound unit of potatoes.

      (14) "Mail" or "send," for purposes of any notice relating to rule making, referenda, or elections, means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. For the purposes of this definition, "electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail.

      (15) "Person" includes any individual, firm, corporation, limited liability company, trust, association, partnership, society, or any other organization of individuals or any unit or agency of local or state government.

      (16) "Potatoes" means and includes all kinds and varieties of Irish potatoes grown in the state of Washington and marketed, sold, or intended for use for human consumption.

      (17) "Producer" means any person who is engaged in the production for market of potatoes in commercial quantities and who has a proprietary interest in the potatoes grown in the state of Washington. For purposes of this chapter, "producer" includes a landowner, landlord, tenant, or other person who participates in the growing or producing of potatoes. "To produce" means to act as a producer.

      (18) "Referendum" means a vote by the affected parties or affected producers that is conducted by secret ballot.

      (19) "Sale" means a transaction wherein the property in or to potatoes is transferred from the producer to a purchaser for consideration. "Sale" includes an agreement to acquire such property for a consideration.

      (20) "Trade relations hosting" means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations for Washington state potatoes and potato products.

      (21) "Unfair trade practice" means any practice that is unlawful or prohibited under the laws of the state of Washington including but not limited to Titles 15, 16, and 69 RCW and chapters 9.16, 19.77, 19.80, 19.84, and 19.83 RCW, or any practice, whether concerning interstate or intrastate commerce that is unlawful under the federal trade commission act of 1914, as amended (38 Stat. 719; 15 U.S.C. Sec. 41 et seq.) or the violation of or failure accurately to label as to grades and standards in accordance with any lawfully established grades or standards or labels.

      (22) "Vacancy" means that a commission member leaves or is removed from a position on the commission before the end of a term, or a nomination process for the beginning of a term concludes with no candidates for a position.

      NEW SECTION. Sec. 3. (1) The potato commission is hereby established to administer this chapter. Commission members must be citizens and residents of Washington and at least eighteen years of age. The commission shall be composed of fifteen members, nine of whom shall be producers elected from districts as provided in subsections (2) and (3) of this section, five who are appointed by the elected producer members as provided in subsection (4) of this section, and one member appointed by the director from the department to represent the director as a voting member.

      (2) For the purpose of nomination and selection of producer members of the commission, the affected area of the state of Washington shall be divided into three representative districts as provided in this subsection.

      (a) District 1 is the counties of Douglas, Chelan, Okanogan, Grant, Adams, Lincoln, Ferry, Stevens, Pend Oreille, Spokane, and Whitman.

      (b) District 2 is the counties of Kittitas, Yakima, Klickitat, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin.

      (c) District 3 is the counties of Skagit, Whatcom, and all other counties not named in (a) or (b) of this subsection.

      (3) Producer members shall be elected from the districts as follows:

      (a) Positions 1, 2, 3, and 4 shall be elected from district 1;

      (b) Positions 5, 6, 7, and 8 shall be elected from district 2; and

      (c) Position 9 shall be elected from district 3.

      (4)(a) Positions 10, 11, 12, 13, and 14 shall be appointed by the elected producers as provided in subsections (1) and (5)(b) of this section.

      (b) Position 15 shall be appointed by the director as provided in subsection (1) of this section.

      (5)(a) Producer members of the commission shall be producers of potatoes in the district in and for which they are nominated and elected. The producer members shall be and have been actively engaged in producing the potatoes in this state for a period of at least three years, and shall derive a substantial proportion of their incomes from the sale of potatoes. A producer member of a commission must have paid an assessment on potatoes adopted by the commission or its predecessor commission in each of the preceding three calendar years. The qualifications of producer members of the commission must continue during their term of office.

      (b) Members appointed to positions 10, 11, 12, 13, and 14 by the elected producers shall be either Washington potato producers, handlers, or others active in matters directly relating to Washington state potatoes and have a demonstrated record of service in the potato industry in Washington state. The appointed members of the commission shall be elected by a majority of the elected commissioners.

      (6) The term of office of the commission members is three years from the date of their election or appointment and until their successors are elected and qualified.

      (7) Nomination and election of commission members is as provided for in this subsection (7).

      (a) Not earlier than March 18th and not later than April 2nd of each year, the director shall give notice by mail to all producers in a district where a vacancy will occur, of such vacancy or such vacancies and call for nominations. Nominating petitions shall be signed by five persons qualified to vote for candidates. The notice shall state the final date for filing petitions, which shall be not earlier than April 7th and not later than April 12th of each year.

      (b) The director shall mail ballots to all affected producers in the district in which the vacancy will occur not earlier than April 17th and not later than May 2nd of each year. Ballots shall be postmarked not later than June 1st of that year. The mailed ballot shall be conducted in a manner so that it shall be a secret ballot in accordance with rules adopted by the director. An affected producer is entitled to one vote.

      (8) The members of the commission not elected by the producers shall be elected by a majority of the commission within ninety days before the expiration of the member's term.

      (9)(a) To fill a vacancy caused by the failure to qualify of a person elected by the producers as a member of the commission, or in the event of the death, removal, resignation, or disqualification of any elected member, the director shall call for nominations and give notice by mail to all producers in the district where the vacancy occurred. A valid nominating petition must be signed by at least five persons qualified to vote for the nominated candidate and must be returned to the director. The notice shall state the final date for filing a nomination petition. If more than one valid nomination is submitted, the director shall conduct an election and mail ballots to all producers in the district where the vacancy occurred.

      (b) To fill vacancies caused by reasons other than the expiration of an appointed term, the new commission members shall be elected by the commission at its first or second meeting after the occurrence of the vacancy.

      (c) In the event that a nomination process for the beginning of a term of an elected member concludes with no candidate, a new member shall be appointed by the commission. The appointment shall be made at the commission's first or second meeting after the expiration of the previous term.

      NEW SECTION. Sec. 4. The commission may:

      (1) Administer, enforce, and implement this chapter;

      (2) Elect a chair and such other officers as the commission may deem advisable and select subcommittees of commission members;

      (3) Employ and discharge at its discretion an executive director, additional personnel, attorneys, consultants, research agencies, and other persons and firms that it may deem appropriate, and compensate its employees;

      (4) Acquire personal property and lease office space and other necessary real property and transfer and convey the same;

      (5) Institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction, or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to implement this chapter;

      (6) Keep accurate records of all its receipts and disbursements, which records shall be open to inspection, and make annual reports therefrom to the state auditor;

      (7) Borrow money and incur indebtedness;

      (8) Make necessary disbursements for routine operating expenses;

      (9) Collect the assessments of producers as provided in this chapter and expend the same in accordance with and to effectuate the purposes of this chapter;

      (10) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this chapter during each fiscal year;


      (11) Accept and receive gifts and grants from private persons or private and public agencies and expend the same to effectuate the purposes of this chapter;

      (12) Work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes of this chapter;

      (13) Enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes of this chapter; however, personal service contracts must comply with chapter 39.29 RCW;

      (14) Enter into contracts or agreements for research and education in the production, irrigation, processing, transportation, use, distribution, and trade barriers impacting potatoes and potato products;

      (15) Retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission;

      (16) Participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, trade, distribution, sale, or use of potatoes as requested by any elected official or officer or employee of any agency and as authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission;

      (17) Assist and cooperate with the department or any other local, state, or federal government agency in the investigation and control of exotic pests and diseases that could damage or affect trade and export of potatoes;

      (18) Acquire or own intellectual property rights, licenses, or patents and collect royalties resulting from commission-funded research related to potatoes;

      (19) Engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by this chapter;

      (20) Establish a foundation using commission funds as grant money for the purposes established in this chapter;

      (21) Maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under this chapter and data on the value of each producer's production under this chapter. This list may be compiled from information used to collect producer assessments for a three-year period;

      (22) Maintain a list of the names and addresses of persons who handle potatoes within the affected area and data on the amount and value of the potatoes handled by each person under this chapter for a minimum three-year period;

      (23) Check records of producers or handlers of potatoes during normal business hours to determine whether the appropriate assessment has been paid; and

      (24) Exercise such other powers and perform such other duties as are necessary and proper to effectuate the purposes of this chapter.

      NEW SECTION. Sec. 5. (1) The commission shall by resolution establish a headquarters, which shall continue as the headquarters until changed by the commission, where the books, records, and minutes of the commission meetings shall be kept.

      (2) Any action taken by the commission requires the majority vote of the members present, and a quorum must be present.

      (3) A quorum of the commission consists of at least nine members.

      (4)(a) Members of the commission shall be compensated in accordance with RCW 43.03.230. Members and employees of the commission shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for each day spent in actual attendance at or traveling to and from meetings of the commission or on special assignments for the commission.

      (b) Members and employees may be reimbursed for actual travel expenses incurred in carrying out this chapter as provided by rules adopted by the commission. In developing these rules, the commission shall review the special allowances for foreign travel and other travel involving higher than usual costs for subsistence and lodging adopted by the office of financial management as provided in RCW 43.03.050(1).

      (5) In addition to notice of meetings of the commission as required by the open public meetings act, chapter 42.30 RCW, notice of the meetings shall also be published in the commission newsletter and sent to appropriate general and agricultural media outlets.

      NEW SECTION. Sec. 6. Obligations incurred by the commission and any other liabilities or claims against the commission may be enforced only against the assets of the commission in the same manner as if it were a corporation. No liability for the debts or actions of the commission exist against either the state of Washington or any subdivision or instrumentality thereof or the assets thereof or against any member officer, employee, or agent of the commission in his or her individual capacity. The members of the commission, including employees thereof, may not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee may be held responsible individually for any act or omission of any other member of the commission. Liability of the members of the commission is several and not joint and no member is liable for the default of any other member.

      NEW SECTION. Sec. 7. The purpose of this chapter is to promote the general welfare of the state and maintain and protect existing markets, increase production efficiency, ensure a fair regulatory environment, and increase use and consumption of potatoes produced in Washington. The commission shall conduct the programs in this section in accordance with this chapter.

      (1) The commission may investigate and take necessary action to prevent or eliminate unfair trade and regulatory barriers and practices and correct, where possible, trade and regulatory barriers and practices that hinder the sale, production, transport, and export of Washington-produced potatoes or potato products. If the commission finds as a result of the investigation that trade, regulatory, or transportation barriers are restricting the free flow of potatoes produced in this state, the commission may institute appropriate action before any agency or body deemed necessary to correct the situation. Information acquired in an investigation is confidential and may be released only to the extent necessary to effectuate the purposes of this chapter, including but not limited to information regarding:

      (a) The prevention, modification, or elimination of trade and regulatory barriers that restrict or inhibit the production, transport, consumption, export, or sale of potatoes produced in this state;

      (b) Presentation of technical information or facts to and negotiations with state, federal, or foreign governmental agencies on matters that affect the production, irrigation, transport, use, consumption, export, or sale of potatoes grown in this state, including cooperation with any agency or group in efforts to increase consumption or use of potatoes, and such other activities and programs that are consistent with the objectives of this chapter; and

      (c) Investigating transportation rates and service costs.

      (2)(a) The commission, subject to the provisions of this chapter, may carry on or cause to be carried on any necessary and proper production, irrigation, processing, transportation, export, handling, or use of research or survey studies relating to potatoes and may expend moneys for those purposes.

      (b) The commission may engage in research and survey studies including, but not limited to:

      (i) Production problems, such as those associated with soil, seed, and crop protection tools;

      (ii) Developing and testing new potato cultivars with improved disease-resistance, processing, nutritional, or horticultural characteristics;

      (iii) Improving techniques and methods of harvesting potatoes;

      (iv) Developing and improving methods of processing potatoes and potato by-products for the purpose of increasing and expanding their use for food and industrial purposes;


      (v) Improving packing and handling techniques that promote more efficient operation in the transport, trade, and distribution of potatoes;

      (vi) Determining any special nutritive, nutraceutical, or pharmaceutical qualities of potatoes produced in Washington; and

      (vii) Conducting surveys and other research regarding production practices, resource requirements and availability, and any other issues or matters that may impact the continued production of potatoes in Washington.

      (c) The commission may, in addition to the activities in (b) of this subsection, engage in any other proper and necessary research and survey programs and activities consistent with and subject to the limitations of this chapter. The research and survey studies may include the collection of data and information relating to potatoes; the analysis of the data and information; the dissemination of the data, information, and analysis; and other investigation that falls within the scope of the production, irrigation, use, processing, transportation, or handling of potatoes.

      (d) The commission, subject to this chapter, may coordinate the state's potato crop protection chemical registrations and integrated pest management implementation.

      (3)(a) The commission may adopt rules, in accordance with chapter 34.05 RCW, to define, establish, and provide labeling requirements for improving standards and grades for potatoes and may expend moneys for such purposes.

      (b) The commission shall give reasonable written notice to all producers, handlers, and persons directly affected by the labeling requirements issued under this section, in accordance with rule-making proceedings conducted under chapter 34.05 RCW.

      (c) The commission may cooperate with state and federal agencies or departments responsible for revising and modernizing grades and standards and labeling of potatoes.

      (d) This section does not authorize the commission to set minimum grades, sizes, or maturity of potatoes that a producer may sell, offer for sale, or ship.

      (4) The commission may conduct programs for the purpose of providing factual and accurate information and education to the public including:

      (a) The economic, environmental, and nutritional value and benefits of potatoes and the Washington potato industry;

      (b) The quality, care, and methods used in the production of Washington potatoes;

      (c) The handling, preparation, and use of Washington potatoes and potato products; and

      (d) The effects of trade, transportation, and regulatory barriers on the Washington potato industry.

      (5) The commission may conduct programs for the purpose of providing information and education to the Washington potato industry including:

      (a) Public opinion or awareness research information for producers of potatoes;

      (b) Industry-related education and training; and

      (c) Information and services enabling producers to meet resource conservation objectives and keep current with issues impacting their business.

      (6) The commission may, subject to this chapter, provide information and communicate on matters pertaining to the production, irrigation, processing, transportation, trade, or uses of potatoes produced in Washington state, as requested by any elected official or officer or employee of any agency.

      NEW SECTION. Sec. 8. (1) An assessment shall be levied and collected by the commission of four cents per hundredweight upon all potatoes sold, processed, delivered for sale or processing by a producer, or stored or delivered for storage when storage or delivery for storage is outside the state. The assessment may be decreased or increased at any time subject to a referendum approved by affected potato producers in accordance with this chapter. The assessment shall be paid by the producer. No assessment may be collected on:

      (a) Potatoes grown and sold for seed under an established seed certification program;

      (b) Potatoes sold for livestock feed, regardless of grade;

      (c) Potatoes sold for nonfood products, such as industrial starch;

      (d) Potatoes of a producer's own production used by the producer on the producer's own premises for seed, feed, or personal consumption;

      (e) Potatoes donated or shipped for relief or charitable purposes; or

      (f) Potatoes sold by a producer whose production is less than five hundred pounds per year.

      (2)(a) All assessments made and levied under this chapter apply to the respective producer who is primarily liable therefor.

      (i) Handlers receiving potatoes from the producer, including, but not limited to, warehousemen, shippers, and processors that collect assessments from producers whose production they handle, shall pay assessments collected to the commission on or before the twentieth day of the succeeding month for the previous month's collections. On a monthly basis, each handler shall file with the commission a return under oath on forms to be furnished by the commission, stating the quantity of potatoes handled, processed, delivered, or shipped during the period prescribed by the commission.

      (ii) Any person, producer, or handler subject to the payment of assessments shall give adequate assurance or security concerning the payments to the commission.

      (b) On or before the beginning of each fiscal year, the commission shall give reasonable notice to all producers, handlers, and other affected persons of the method or methods of collection to be used for that fiscal year on field run or ungraded potatoes.

      (c) No affected units of potatoes may be transported, carried, shipped, sold, stored, or otherwise handled or disposed of until every due and payable assessment under this chapter has been paid and the receipt issued or stamp canceled. No liability under this chapter attaches to common carriers in the regular course of their business. When any potatoes for which an exemption as provided in subsection (1) of this section is claimed are shipped either by railroad or truck, the reasons for the exemption shall be plainly noted on the bill of lading, shipping document, container, or invoice.

      (d) Any producer or handler who fails to comply with this subsection is guilty of violating this chapter and is subject to the penalty, collection, and liability provisions of this chapter.

      (3)(a) Moneys collected by the commission under this chapter as assessments shall be used by the commission only for the purposes of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of this chapter.

      (b) At the end of each fiscal year the commission shall credit each producer with any amount paid by the producer in excess of three percent of the total market value of all potatoes sold, processed, or delivered for sale or processing during that period. Refunds may be made only upon satisfactory proof given by the producer, which may include bills of lading, bills of sale, or receipts.

      NEW SECTION. Sec. 9. Assessments shall be levied upon potatoes sold on a field run or ungraded basis as provided in this section.

      (1) If payment to the grower for the potatoes is based upon the gross weight of potatoes sold and not upon the yield of any particular grade of potatoes as determined by any type of sorting or inspection, then the assessment is made on ninety percent of the gross hundredweight of potatoes so sold.

      (2) If payment to the grower for the potatoes is based upon the net weight of potatoes intended for human consumption derived from the potatoes so sold as determined by any type of sorting or inspection, then the assessment is made on the total net weight of potatoes intended for human consumption.

      NEW SECTION. Sec. 10. This section establishes the procedure for reporting and paying assessments levied under this chapter. Assessments shall be paid in accordance with one or more of the following methods as prescribed by the commission, in its discretion, for each affected producer or handler:

      (1) By means of collection from producers by handlers, including warehousemen, packers, and processors receiving potatoes from producers, at the time the potatoes are first handled, and payment of assessments by those handlers to the commission:

      (a) The commission shall bill each handler at such intervals, at least monthly, as the commission may from time to time determine, for the assessments due upon potatoes handled in the preceding period for which billing has not previously been made, and upon which assessments have not been paid, computed on the basis of the quantity of potatoes so handled as recorded on potato shipping pertaining to each handler prepared by the department on behalf of the commission, and filed with the commission, or with respect to handlers who are packers or processors, on the basis of the quantity of potatoes so handled as recorded on potato shipping records pertaining to such packer or processor prepared by such processor and filed with the commission;

      (b) As used in (a) of this subsection, "handler" is the person, firm, or corporation designated as shipper on the potato shipping record form;

      (c) In the event potatoes subject to assessment are handled by processors or other handlers under circumstances in which no potato shipping record is filed with the commission, with respect to the potatoes so handled the handler shall, at the time of submitting the report required by (d) of this subsection, pay in full the assessment on the potatoes so reported;

      (d) Each handler shall file a monthly report, under oath, on forms provided by the commission, showing the name and address of the handler making the report, the quantity of potatoes handled during the preceding calendar month, the name, address, handler's lot number, and quantity of potatoes handled, for each respective producer, and the representative district in which the potatoes were grown. The report shall be filed with the commission not later than the twentieth day of the month following that in which the potatoes were handled; or

      (2) By means of payment in cash by the producer or handler, as determined by the commission in each respective instance, before the time the potatoes are shipped in either interstate or intrastate commerce.

      NEW SECTION. Sec. 11. Any due and payable assessment levied under this chapter, and every sum due in a specified amount under this chapter constitutes a personal debt of every person so assessed or who otherwise owes the same, and the amount is due and payable to the commission when payment is called for by the commission. In the event that any assessment is not paid within ninety days after the date of the billing by the commission, or within ninety days after the due date of the report required by this chapter, a sum equal to ten percent of the unpaid assessment or unpaid portion thereof shall be added to the original amount and is due and owing to the commission. In the event of failure of a person or persons to pay any such due and payable assessment or other sum, the commission may bring a civil action against the person or persons in a state court of competent jurisdiction for the collection thereof, together with the additional ten percent as provided in this section, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

      NEW SECTION. Sec. 12. (1)(a) Any handler handling potatoes for fresh market who has not established a record of prompt payment of assessments due on fresh market potatoes in accordance with this chapter must prepay the assessments due the commission.

      (b) The amount of prepayment shall be determined on the estimated basis of the potatoes the handler will handle during the first thirty days of the potato shipping season, or if the handler has shipped in the immediately prior potato shipping season, the prepayment shall be based on the highest thirty-day assessment due the commission during that shipping season. Prepayment shall not exceed twenty-five percent of the total estimated annual assessment payable by the handler.

      (2) Any handler who has established a record of prompt payment during the entire previous potato shipping season and continues to maintain a record of prompt payment is not subject to the prepayment requirements in subsection (1) of this section.

      NEW SECTION. Sec. 13. The commission shall notify the department in writing of any handler who has not established a record of prompt payment as set forth in this chapter, and that handler is subject to this section. No affected units of potatoes shall be transported, carried, shipped, sold, stored or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued, but no liability hereunder shall attach to common carriers in the regular course of their business. When any potatoes for which exemption as provided in this chapter is claimed are shipped either by railroad or truck, there shall be plainly noted on the bill of lading, shipping document, container or invoice, the reasons for such exemptions.

      NEW SECTION. Sec. 14. (1) Commission expenditures for agricultural development or trade promotion and promotional hosting shall be pursuant to specific budget items as approved by the commission at annual public hearings on the commission budget.

      (2) Individual commissioners and commission staff shall make agricultural development or trade promotion and promotional hosting expenditures, or seek reimbursements for those expenditures, only in those instances where the expenditures have been approved by the commission.

      (3) All payments and reimbursements shall be as identified and supported by vouchers to which receipts are attached. Voucher forms will be supplied by the commission, and require the following information:

      (a) Name and position of each person hosted, however in the case of a group of twenty-five or more persons, then only the name of the group hosting shall be required;

      (b) General purpose of the hosting;

      (c) Date of hosting;

      (d) To whom payment was or will be made; and

      (e) Signature of person seeking payment or reimbursement;

      (4) The chair of the commission, the executive director of the commission, or assistant executive director of the commission may approve direct payment or reimbursements submitted in accordance with this section.

      (5) The following persons may be hosted when it is reasonably believed such hosting will promote trade for the Washington state potato industry, as long as the hosting does not violate federal or state conflict of interest laws:

      (a) Individuals from private business and accompanying interpreter or interpreters;

      (b) Foreign government officials and accompanying interpreter or interpreters;

      (c) Federal, state, and local officials, however lodging, meals, and transportation may not be provided when those officials may obtain reimbursement for these expenses from their government employer;

      (d) The general public, at meetings and gatherings open to the general public;

      (e) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (d) of this subsection are being hosted will promote trade for the Washington state potato industry.

      NEW SECTION. Sec. 15. (1) It is a misdemeanor for:

      (a) Any person willfully to violate any provision of this chapter;

      (b) Any person willfully to render or furnish a false or fraudulent report, statement of record required by the commission under this chapter, or any rule of the commission or rule of the department adopted under this chapter, or willfully to fail or refuse to furnish or render any such report, statement, or record so required.

      (2) In the event of violation or threatened violation of any provision of this chapter or any rule of the commission or rule of the department adopted under this chapter, the commission is entitled to an injunction to prevent further violation and to a decree of specific performance of such rules, and to a temporary restraining order and injunction pending litigation upon filing a verified complaint and sufficient bond.

      (3) All persons subject to this chapter shall severally from time to time, upon the request of the commission, furnish the commission with such information necessary to effectuate the policies of this chapter or to ascertain and determine the extent to which this chapter has been carried out or has effectuated such policies and purposes, or to determine whether or not there has been any abuse of the privilege of exemptions from laws relating to trusts, monopolies, and restraints of trade. Such information shall be furnished in accordance with forms and reports to be prescribed by the commission. For the purpose of ascertaining the correctness of any report made to the commission under this section or for the purpose of obtaining the information required in any such report where it has been requested and has not been furnished, the commission is authorized to examine such books, papers, records, copies of tax reports, accounts, correspondence, contracts, documents, or memoranda as the commission deems relevant and that are within the control of any such person from whom such report was requested, or of any person having, either directly or indirectly, actual or legal control of or over such person or such records, or of any subsidiary of any such person. To carry out the purposes of this section, the commission, upon giving due notice, may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, documents, or other writings of any kind, and shall apply with respect to any such hearing, together with such other rules consistent therewith as the commission may from time to time prescribe.

      NEW SECTION. Sec. 16. Moneys collected by the commission under this chapter from any assessment or as an advance deposit thereon shall be used by the commission only for the purpose of paying for the costs or expenses arising in connection with carrying out the purposes and provisions of this chapter.

      If the commission is ever terminated any and all moneys remaining with the commission operating under this chapter and not required to defray expenses or repay obligations incurred by that commission shall be returned to the affected producers in proportion to the assessments paid by each in the two-year period preceding the date of the termination.

      NEW SECTION. Sec. 17. If after complying with the procedures outlined in this chapter and a referendum proposal to terminate the commission is assented to, the commission shall:

      (1) Document the details of all measures undertaken to terminate the commission and identify and document all closing costs;

      (2) Contact the office of the state auditor and arrange for a final audit of the commission. Payment for the audit shall be from commission funds and identified in the budget for closing costs;

      (3) Provide for the reimbursement to affected producers of moneys collected by assessment. Reimbursement shall be made to those considered affected producers over the previous three-year time frame on a pro rata basis and at a percent commensurate with their volume of production over the previous three-year period. If the commission finds that the amounts of moneys are so small as to make impractical the computation and remitting of the pro rata refund, the moneys shall be paid into the state treasury as unclaimed trust moneys; and

      (4) Transfer all remaining files to the department for storage and archiving, as appropriate.

      NEW SECTION. Sec. 18. Any due and payable assessment levied under this chapter, and every sum due under this chapter in a specified amount constitutes a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the commission when payment is called for by the commission. In the event any person fails to pay the full amount of the assessment or such other sum on or before the date due, the commission may add to the unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing collection of it. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

      NEW SECTION. Sec. 19. All moneys that are collected or otherwise received under this chapter shall be used solely by and for the commission and shall not be used for any other commission, nor the department except as otherwise provided in this chapter. Such moneys shall be deposited in a separate account or accounts in the name of the commission in any bank that is a state depositary. All expenses and disbursements incurred and made under the provisions of this chapter shall be paid from moneys collected and received under this chapter without the necessity of a specific legislative appropriation and all moneys shall be paid from the account by check or voucher in such form and in such manner and upon the signature of such person as may be prescribed by the commission. The provisions of RCW 43.01.050 do not apply to any such account or any moneys so received, collected, or expended.

      NEW SECTION. Sec. 20. (1) Any funds of the commission may be invested in savings or time deposits in a public depositary as defined in RCW 39.58.010.

      (2) This section applies to all funds that may be lawfully so invested, that in the judgment of the commission are not required for immediate expenditure. The authority granted by this section is not exclusive and shall be construed to be cumulative and in addition to other authority provided by law for the investment of such funds, including, but not limited to, authority granted under chapters 39.58, 39.59, and 43.84 RCW.

      NEW SECTION. Sec. 21. Every administrator, employee, or other person occupying a position of trust with the commission and every member actually handling or drawing upon funds shall give a bond in such penal amount as may be required by the commission, the premium for which bond or bonds shall be paid by the commission.

      NEW SECTION. Sec. 22. (1) Pursuant to RCW 42.17.31907, certain agricultural business records, commodity commission records, and department of agriculture records relating to commodity commissions and producers of agricultural commodities are exempt from public disclosure.

      (2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter.

      (3) This chapter does not prohibit:

      (a) The issuance of general statements based upon the reports of a number of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or

      (b) The publication by the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.

      NEW SECTION. Sec. 23. (1) The commission shall prepare a list of all affected producers from any information available from the department, producers, producer associations, organizations, or handlers of potatoes. This list shall contain the names and addresses of all affected persons who produce the potatoes and the amount, by unit, of the potatoes produced during at least the past three years.

      (2) The commission shall prepare a list of all persons who handle potatoes and the amount of potatoes handled by each person during at least the past three years.

      (3) It is the responsibility of all affected parties to ensure that their correct address is filed with the commission. It is also the responsibility of affected parties to submit production data and handling data to the commission as prescribed by the commission's rules or policies.

      (4) Any qualified person may, at any time, have his or her name placed upon any list for which he or she qualifies by delivering or mailing the information to the commission. The lists shall be corrected and brought up-to-date in accordance with evidence and information provided to the commission.

      (5) The commission shall maintain a certified list of affected producers or affected handlers from its records. The list shall contain all information required to conduct a referendum or commission member elections under this chapter.

      (6) For all purposes of giving notice and holding referenda on amendment or termination proposals, and for giving notice and electing or selecting members of the commission, the applicable list corrected up to the day preceding the date the list is certified by the commission is deemed to be the list of all affected producers or affected handlers, as applicable, entitled to notice or to vote. Inadvertent failure to notify an affected producer or handler does not invalidate a proceeding conducted under this chapter.

      NEW SECTION. Sec. 24. Any member of a commission may also be a member or officer of an association that has the same objectives for which the commission was formed. The commission may also contract with such association for services necessary to carry out any purposes authorized under this chapter, if an appropriate contract has been entered into.

      NEW SECTION. Sec. 25. Nothing in this chapter permits the fixing of prices not otherwise permitted by law or any limitation on production and no agreement or any rule thereunder may contain any such provisions.

      NEW SECTION. Sec. 26. (1) Upon completion of any vote, referendum, or nomination and elections, the director shall tally the results of the vote and provide the results to affected parties.

      (2) If an affected party disputes the results of a vote, that affected party, within sixty days from the announced results, shall provide in writing a statement of why the vote is disputed and request a recount.

      (3) Once the vote is tallied and distributed, all disputes are resolved, and all matters in a vote are finalized, the individual ballots may be destroyed.

      NEW SECTION. Sec. 27. The members of the commission may, subject to approval by two-thirds of the voting members of the commission, suspend for a period not exceeding one crop-year at a time all or part of the assessments on potatoes subject to this chapter.

      NEW SECTION. Sec. 28. The director may adopt rules necessary to carry out the duties and responsibilities under this chapter including, but not limited to:

      (1) The issuance, amendment, suspension, or termination of rules associated with this chapter;

      (2) Procedural, technical, or administrative rules that may address and include, but are not limited to:

      (a) Nominations conducted under this chapter; and

      (b) Elections of commission members or referenda conducted under this chapter.

      NEW SECTION. Sec. 29. (1) The substance of a petition received under this chapter to amend or terminate commission programs or assessments shall be set out in detail and designated as the proposal. A copy of the proposal shall be mailed by the department to all affected parties or producers based on the list provided for under this chapter, as applicable, and shall be posted on the department's web site.

      (2) Notice of a public hearing to amend or terminate the commission shall be published in the form of a legal notice for a period of two days in a newspaper of general circulation within the affected areas, as the director may prescribe. The notice must also be posted on the department's web site. The department shall mail a copy of the public hearing notice along with a copy of the proposal as provided in subsection (1) of this section to all affected parties or affected producers, as applicable, who may be directly affected by the proposal and whose names and addresses appear on the list compiled under this chapter. The mailing must include the department's web site address along with a description of the process for the amendment or termination of the commission, as applicable.

      (3) At a public hearing, the director shall receive testimony offered in support of, or opposition to, the proposed amendment to or termination of the commission and concerning the terms, conditions, scope, and area thereof. The hearing shall be public and all testimony shall be received under oath. A full and complete record of all proceedings at such hearings shall be made and maintained on file in the office of the director, which file shall be open to public inspection. The director shall base any findings upon the testimony received at the hearing, together with any other relevant facts available from official publications of institutions of recognized standing. The director shall describe in the findings such official publications upon which any finding is based.

      (4) The director has the power to subpoena witnesses and to issue subpoenas for the production of any books, records, or documents of any kind.

      (5) The superior court of the county in which any hearing or proceeding may be had may compel the attendance of witnesses and the production of records, papers, books, accounts, documents, and testimony as required by such subpoena. The director, in case of the refusal of any witness to attest or testify or produce any papers required by the subpoena, shall report to the superior court of the county in which the proceeding is pending by petition setting forth that due notice has been given of the time and place of attendance of the witness or the production of the papers and that the witness has been summoned in the manner prescribed in this chapter and that he or she has failed to attend or produce the papers required by the subpoena at the hearing, cause, or proceeding specified in the subpoena, or has refused to answer questions propounded to it in the course of such hearing, cause, or proceeding, and shall ask an order of the court to compel a witness to appear and testify before the director. The court, upon such petition, shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there to show cause why he or she has not responded to the subpoena. A copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued, it shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers, and on failing to obey the order, the witness shall be dealt with as for contempt of court.

      NEW SECTION. Sec. 30. (1) The director shall make findings upon material points controverted at the hearing and required by this chapter and upon such other matters and things as the director may deem fitting and proper. Based upon those findings, the director shall make conclusions and develop and issue a recommended decision. The findings, conclusions, and recommended decision, and the full text of the proposal shall be posted on the department's web site.

      (2) The recommended decision may deny or approve the proposal in its entirety, or it may recommend a rule containing other or different terms or conditions from those contained in the proposal, however any such rule shall be of a kind or type substantially within the purview of the notice of hearing and shall be supported by evidence taken at the hearing or by documents of which the director is authorized to take official notice. The director shall not approve the amendment or termination unless he or she finds with respect thereto:

      (a) That the proposed issuance, amendment, or termination thereof is reasonably calculated to attain the objective sought in a rule;

      (b) That the proposed issuance, amendment, or termination is in conformity with this chapter and, within the applicable limitations and restrictions in this chapter, will tend to effectuate its declared purposes and policies; and

      (c) That the interests of consumers of potatoes are protected in that the powers of this chapter are being exercised only to the extent necessary to attain such objectives.

      (3) If the director's recommended decision does not make any changes to the proposal, notification will be made by mail in the form of a postcard reciting the recommended decision. The postcard must also include the department's web site address where any person can access the full text of the findings, conclusions, and recommended decision.

      (4) If the director's recommended decision makes changes to the proposal or does not support the proposal, notification will be made by mail in the form of a letter describing the changes made or explaining the reason for not supporting the proposal and a referendum. The letter must also include the department's web site address where any person can access the full text of the findings, conclusions, and recommended decision.

      (5) After the director issues his or her findings, conclusions, and recommended decision, all interested parties shall have a period of not less than fifteen days from the date of the mailing of the postcard or letter to file statements with the director in support of or in opposition to the recommended decision. The director shall consider the additional statements and shall issue his or her final decision. The final decision may be the same as the recommended decision or may be revised in light of the additional information received in response to the recommended decision. The director shall notify affected parties of his or her final decision by mail in the form of a postcard. Notification shall include the department's web site address where any person can access the full text of the findings, conclusions, and final decision and the full text of the final proposal. If the final decision denies the proposal in its entirety, no further action may be taken by the director.

      (6) Affected parties who do not have access to materials posted on the department's web site may request notification by fax or mail.

      NEW SECTION. Sec. 31. After the director issues his or her final decision approving the amendment or termination, the director shall determine by a referendum whether the affected parties or producers assent to the proposed action or not. The director shall conduct the referendum among the affected parties or producers based on the list as provided for in this chapter, as applicable. The affected parties or producers shall be deemed to have assented to the proposed issuance or termination order if fifty-one percent or more by number reply to the referendum within the time specified by the director, and if, of those replying (a) sixty-five percent or more by number and fifty-one percent or more by volume assent to the proposed order; or (b) sixty percent or more by number and sixty percent or more by volume of those replying assent to the proposed order. The determination by volume shall be made on the basis of volume as determined in the list of affected producers created under this chapter, subject to rules of the director for such determination. Results of the referendum shall be mailed to all affected parties in the form of a postcard. If the requisite assent is given, the director shall adopt the order.

      NEW SECTION. Sec. 32. (1) All rule-making proceedings conducted under this chapter shall be in accordance with chapter 34.05 RCW.

      (2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties.

      (3) The commission may adopt amendments to rules associated with this chapter without conducting a referendum if the amendments are adopted under the following criteria:

      (a) The proposed amendments relate only to internal administration of this chapter and are not subject to violation by a person;

      (b) The proposed amendments adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies, if the material adopted or incorporated regulates the same activities as are authorized under this chapter;

      (c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule in accordance with this chapter;

      (d) The content of the proposed amendments is explicitly and specifically dictated by statute.

      Sec. 33. RCW 15.66.270 and 1961 c 11 s 15.66.270 are each amended to read as follows:

      Nothing in this chapter contained shall apply to:

      (1) Any order, rule, or regulation issued or issuable by the Washington utilities and transportation commission or the interstate commerce commission with respect to the operation of common carriers;

      (2) Any provision of the statutes of the state of Washington relating to the Washington apple ((advertising)) commission (chapter 15.24 RCW), to the soft tree fruits commission (chapter 15.28 RCW) ((or)), to the dairy products commission (chapter 15.44 RCW), or to the potato commission established in chapter 15.-- RCW (sections 1 through 32 and 35 of this act). No marketing agreement or order shall be issued with respect to apples, soft tree fruits ((or)), dairy products, or potatoes for human consumption, for the purposes specified in RCW 15.66.030(1) or 15.66.030(2).

      NEW SECTION. Sec. 34. (1) The potato commission established in chapter 16-516 WAC is hereby abolished and its powers, duties, and functions are hereby transferred to the potato commission created in this act.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the potato commission established in chapter 16-516 WAC shall be transferred to the custody of the potato commission created by this act. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the potato commission established in chapter 16-516 WAC shall be made available to the potato commission created by this act. All funds, credits, or other assets held by the potato commission established in chapter 16-516 WAC shall be assigned to the potato commission created by this act.

      (b) Any appropriations made to the potato commission established in chapter 16-516 WAC shall, on the effective date of this section, be transferred and credited to the potato commission created by this act.

      (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the potato commission established in chapter 16-516 WAC are transferred to the jurisdiction of the potato commission created by this act. All members of the potato commission established in chapter 16-516 WAC shall continue as members of the potato commission established in chapter 16-516 WAC until their terms expire.

      (4) All rules and all pending business before the potato commission established in chapter 16-516 WAC shall be continued and acted upon by the potato commission created by this act. All existing contracts and obligations shall remain in full force and shall be performed by the potato commission created by this act.

      (5) The transfer of the powers, duties, functions, and personnel of the potato commission established in chapter 16-516 WAC shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

      NEW SECTION. Sec. 35. Potatoes that are certified as organically grown under chapter 15.86 RCW are exempt from assessments under this chapter if a separate commodity commission is formed to include organically grown potatoes.

      NEW SECTION. Sec. 36. Sections 1 through 32 and 35 of this act constitute a new chapter in Title 15 RCW.

      NEW SECTION. Sec. 37. This act takes effect July 1, 2006.

      NEW SECTION. Sec. 38. If any section, subsection, sentence, clause, or part of this chapter is for any reason held to be invalid or unconstitutional, the judicial decision does not affect the remainder of the chapter and its application to other persons or circumstances. The legislature declares that each section, subsection, sentence, clause, and part of this chapter was enacted with the intent that if any portion of this chapter is severed, the remainder of the chapter is capable of accomplishing its legislative purpose."

      Senator Rasmussen spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Agriculture & Rural Economic Development to Substitute House Bill No. 1608.

      The motion by Senator Rasmussen carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

      On page 1, line 1 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 15.66.270; adding a new chapter to Title 15 RCW; creating new sections; and providing an effective date."

 

MOTION


      On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1608, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rasmussen and Schoesler spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1608, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1608, as amended by the and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Excused: Senators Benton, Brown, Kohl-Welles and Oke - 4

      SUBSTITUTE HOUSE BILL NO. 1608, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2163, by House Committee on Appropriations (originally sponsored by Representatives Ormsby, Holmquist, Miloscia, Williams, Flannigan, Chase, Dickerson, Sells, Ericks, Dunn, Wood, Green, Linville, Springer, Pettigrew, Kenney, O'Brien, Santos, Kagi, Fromhold and Schual-Berke)

 

      Establishing a homeless housing program.


      The measure was read the second time.


MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. Despite laudable efforts by all levels of government, private individuals, nonprofit organizations, and charitable foundations to end homelessness, the number of homeless persons in Washington is unacceptably high. The state's homeless population, furthermore, includes a large number of families with children, youth, and employed persons. The legislature finds that the fiscal and societal costs of homelessness are high for both the public and private sectors, and that ending homelessness should be a goal for state and local government.

      The legislature finds that there are many causes of homelessness, including a shortage of affordable housing; a shortage of family-wage jobs which undermines housing affordability; a lack of an accessible and affordable health care system available to all who suffer from physical and mental illnesses and chemical and alcohol dependency; domestic violence; and a lack of education and job skills necessary to acquire adequate wage jobs in the economy of the twenty-first century.

      The support and commitment of all sectors of the statewide community is critical to the chances of success in ending homelessness in Washington. While the provision of housing and housing-related services to the homeless should be administered at the local level to best address specific community needs, the legislature also recognizes the need for the state to play a primary coordinating, supporting, and monitoring role. There must be a clear assignment of responsibilities and a clear statement of achievable and quantifiable goals. Systematic statewide data collection on homelessness in Washington must be a critical component of such a program enabling the state to work with local governments to count homeless persons and assist them in finding housing.

      The systematic collection and rigorous evaluation of homeless data, a search for and implementation through adequate resource allocation of best practices, and the systematic measurement of progress toward interim goals and the ultimate goal of ending homelessness are all necessary components of a statewide effort to end homelessness in Washington by July 1, 2015.

      NEW SECTION. Sec. 2. This chapter may be known and cited as the homelessness housing and assistance act.

      NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Department" means the department of community, trade, and economic development.

      (2) "Director" means the director of the department of community, trade, and economic development.

      (3) "Homeless person" means an individual living outside or in a building not meant for human habitation or which they have no legal right to occupy, in an emergency shelter, or in a temporary housing program which may include a transitional and supportive housing program if habitation time limits exist. This definition includes substance abusers, mentally ill people, and sex offenders who are homeless.

      (4) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington.

      (5) "Homeless housing account" means the state treasury account receiving the state's portion of income from revenue from the sources established by section 9 of this act.

      (6) "Homeless housing grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the homeless housing account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to housing homeless persons.

      (7) "Local government" means a county government in the state of Washington or a city government, if the legislative authority of the city affirmatively elects to accept the responsibility for housing homeless persons within its borders.

      (8) "Housing continuum" means the progression of individuals along a housing-focused continuum with homelessness at one end and homeownership at the other.

      (9) "Local homeless housing task force" means a voluntary local committee created to advise a local government on the creation of a local homeless housing plan and participate in a local homeless housing program. It must include a representative of the county, a representative of the largest city located within the county, at least one homeless or formerly homeless person, such other members as may be required to maintain eligibility for federal funding related to housing programs and services and if feasible, a representative of a private nonprofit organization with experience in low-income housing.

      (10) "Long-term private or public housing" means subsidized and unsubsidized rental or owner-occupied housing in which there is no established time limit for habitation of less than two years.

      (11) "Interagency council on homelessness" means a committee appointed by the governor and consisting of, at least, the director of the department; the secretary of the department of corrections; the secretary of the department of social and health services; the director of the department of veterans affairs; and the secretary of the department of health.

      (12) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals.

      (13) "Community action agency" means a nonprofit private or public organization established under the economic opportunity act of 1964.

      (14) "Housing authority" means any of the public corporations created by chapter 35.82 RCW.

      (15) "Homeless housing program" means the program authorized under this chapter as administered by the department at the state level and by the local government or its designated subcontractor at the local level.

      (16) "Homeless housing plan" means the ten-year plan developed by the county or other local government to address housing for homeless persons.

      (17) "Homeless housing strategic plan" means the ten-year plan developed by the department, in consultation with the interagency council on homelessness and the affordable housing advisory board.

      NEW SECTION. Sec. 4. The governor shall establish the interagency council on homelessness and appoint, at least, the director of the department, the secretary of the department of social and health services, the secretary of the department of corrections, the director of the department of veterans affairs, the director of the employment security department, the director of the department of health, and the director of the office of financial management to the council. The interagency council on homelessness shall be responsible to further the goals of the state ten-year homeless housing strategic plan to end homelessness through the following actions:

      (1) Aligning housing and supporting services policies and resources among state agencies;

      (2) Identifying and eliminating policies and actions which contribute to homelessness or interfere with its reduction; and

      (3) Adopting or recommending new policies to improve practices and align resources, including those policies requested by the affordable housing advisory board or through state and local homeless housing plans.

      NEW SECTION. Sec. 5. There is created within the department the homeless housing program to develop and coordinate a statewide strategic plan aimed at housing homeless persons. The program shall be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020.

      NEW SECTION. Sec. 6. The department shall annually conduct a Washington homeless census or count consistent with the requirements of RCW 43.63A.655. The census shall make every effort to count all homeless individuals living outdoors, in shelters, and in transitional housing, coordinated, when reasonably feasible, with already existing homeless census projects including those funded in part by the United States department of housing and urban development under the McKinney-Vento homeless assistance program. The department shall determine, in consultation with local governments, the data to be collected.

      All personal information collected in the census is confidential, and the department and each local government shall take all necessary steps to protect the identity and confidentiality of each person counted.

      The department and each local government are prohibited from disclosing any personally identifying information about any homeless individual when there is reason to believe or evidence indicating that the homeless individual is an adult or minor victim of domestic violence, dating violence, sexual assault, or stalking or is the parent or guardian of a child victim of domestic violence, dating violence, sexual assault, or stalking; or revealing other confidential information regarding HIV/AIDS status, as found in RCW 70.24.105. The department and each local government shall not ask any homeless housing provider to disclose personally identifying information about any homeless individuals when the providers implementing those programs have reason to believe or evidence indicating that those clients are adult or minor victims of domestic violence, dating violence, sexual assault, or stalking or are the parents or guardians of child victims of domestic violence, dating violence, sexual assault, or stalking. Summary data for the provider's facility or program may be substituted.

      The Washington homeless census shall be conducted annually on a schedule created by the department. The department shall make summary data by county available to the public each year. This data, and its analysis, shall be included in the department's annual updated homeless housing program strategic plan.

      Based on the annual census and provider information from the local government plans, the department shall, by the end of year four, implement an online information and referral system to enable local governments and providers to identify available housing for a homeless person. The department shall work with local governments and their providers to develop a capacity for continuous case management to assist homeless persons.

      By the end of year four, the department shall implement an organizational quality management system.

      NEW SECTION. Sec. 7. (1) Six months after the first Washington homeless census, the department shall, in consultation with the interagency council on homelessness and the affordable housing advisory board, prepare and publish a ten-year homeless housing strategic plan which shall outline statewide goals and performance measures and shall be coordinated with the plan for homeless families with children required under RCW 43.63A.650. To guide local governments in preparation of their first local homeless housing plans due December 31, 2005, the department shall issue by October 15, 2005, temporary guidelines consistent with this chapter and including the best available data on each community's homeless population. Local governments' ten-year homeless housing plans shall not be substantially inconsistent with the goals and program recommendations of the temporary guidelines and, when amended after 2005, the state strategic plan.

      (2) Program outcomes and performance measures and goals shall be created by the department and reflected in the department's homeless housing strategic plan as well as interim goals against which state and local governments' performance may be measured, including:

      (a) By the end of year one, completion of the first census as described in section 6 of this act;

      (b) By the end of each subsequent year, goals common to all local programs which are measurable and the achievement of which would move that community toward housing its homeless population; and


      (c) By July 1, 2015, reduction of the homeless population statewide and in each county by fifty percent.

      (3) The department shall develop a consistent statewide data gathering instrument to monitor the performance of cities and counties receiving grants in order to determine compliance with the terms and conditions set forth in the grant application or required by the department.

      The department shall, in consultation with the interagency council on homelessness and the affordable housing advisory board, report annually to the governor and the appropriate committees of the legislature an assessment of the state's performance in furthering the goals of the state ten-year homeless housing strategic plan and the performance of each participating local government in creating and executing a local homeless housing plan which meets the requirements of this chapter. The annual report may include performance measures such as:

      (a) The reduction in the number of homeless individuals and families from the initial count of homeless persons;

      (b) The number of new units available and affordable for homeless families by housing type;

      (c) The number of homeless individuals identified who are not offered suitable housing within thirty days of their request or identification as homeless;

      (d) The number of households at risk of losing housing who maintain it due to a preventive intervention;

      (e) The transition time from homelessness to permanent housing;

      (f) The cost per person housed at each level of the housing continuum;

      (g) The ability to successfully collect data and report performance;

      (h) The extent of collaboration and coordination among public bodies, as well as community stakeholders, and the level of community support and participation;

      (i) The quality and safety of housing provided; and

      (j) The effectiveness of outreach to homeless persons, and their satisfaction with the program.

      (4) Based on the performance of local homeless housing programs in meeting their interim goals, on general population changes and on changes in the homeless population recorded in the annual census, the department may revise the performance measures and goals of the state homeless housing strategic plan, set goals for years following the initial ten-year period, and recommend changes in local governments' plans.

      NEW SECTION. Sec. 8. (1) Each local homeless housing task force shall prepare and recommend to its local government legislative authority a ten-year homeless housing plan for its jurisdictional area which shall be not inconsistent with the department's statewide temporary guidelines, for the December 31, 2005, plan, and thereafter the department's ten-year homeless housing strategic plan and which shall be aimed at eliminating homelessness, with a minimum goal of reducing homelessness by fifty percent by July 1, 2015. The local government may amend the proposed local plan and shall adopt a plan by December 31, 2005. Performance in meeting the goals of this local plan shall be assessed annually in terms of the performance measures published by the department. Local plans may include specific local performance measures adopted by the local government legislative authority, and may include recommendations for any state legislation needed to meet the state or local plan goals.

      (2) Eligible activities under the local plans include:

      (a) Rental and furnishing of dwelling units for the use of homeless persons;

      (b) Costs of developing affordable housing for homeless persons, and services for formerly homeless individuals and families residing in transitional housing or permanent housing and still at risk of homelessness;

      (c) Operating subsidies for transitional housing or permanent housing serving formerly homeless families or individuals;

      (d) Services to prevent homelessness, such as emergency eviction prevention programs including temporary rental subsidies to prevent homelessness;

      (e) Temporary services to assist persons leaving state institutions and other state programs to prevent them from becoming or remaining homeless;

      (f) Outreach services for homeless individuals and families;

      (g) Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals;

      (h) Rental vouchers payable to landlords for persons who are homeless or below thirty percent of the median income or in immediate danger of becoming homeless; and

      (i) Other activities to reduce and prevent homelessness as identified for funding in the local plan.

      NEW SECTION. Sec. 9. A new section is added to chapter 36.22 RCW to read as follows:

      (1) In addition to the surcharge authorized in RCW 36.22.178, and except as provided in subsection (2) of this section, an additional surcharge of ten dollars shall be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. The funds collected pursuant to this section are to be distributed and used as follows:

      (a) The auditor shall retain two percent for collection of the fee, and of the remainder shall remit sixty percent to the county to be deposited into a fund that must be used by the county and its cities and towns to accomplish the purposes of this act, six percent of which may be used by the county for administrative costs related to its homeless housing plan, and the remainder for programs which directly accomplish the goals of the county's homeless housing plan, except that for each city in the county which elects as authorized in section 12 of this act to operate its own homeless housing program, a percentage of the surcharge assessed under this section equal to the percentage of the city's local portion of the real estate excise tax collected by the county shall be transmitted at least quarterly to the city treasurer, without any deduction for county administrative costs, for use by the city for program costs which directly contribute to the goals of the city's homeless housing plan; of the funds received by the city, it may use six percent for administrative costs for its homeless housing program.

      (b) The auditor shall remit the remaining funds to the state treasurer for deposit in the homeless housing account. The department may use twelve and one-half percent of this amount for administration of the program established in section 5 of this act, including the costs of creating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless housing grant program. The remaining eighty-seven and one-half percent is to be distributed by the department to local governments through the homeless housing grant program.

      (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.

      NEW SECTION. Sec. 10. The homeless housing account is created in the custody of the state treasurer. The state's portion of the surcharge established in section 9 of this act must be deposited in the account. Expenditures from the account may be used only for the homeless housing program as described in this chapter. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

      NEW SECTION. Sec. 11. (1) During each calendar year in which moneys from the homeless housing account are available for use by the department for the homeless housing grant program, the department shall announce to all Washington counties, participating cities, and through major media throughout the state, a grant application period of at least ninety days' duration. This announcement will be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds, less appropriate administrative costs of the department as described in section 9 of this act.


      (2) The department will develop, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, criteria to evaluate grant applications.

      (3) The department may approve applications only if they are consistent with the local and state homeless housing program strategic plans. The department may give preference to applications based on some or all of the following criteria:

      (a) The total homeless population in the applicant local government service area, as reported by the most recent annual Washington homeless census;

      (b) Current local expenditures to provide housing for the homeless and to address the underlying causes of homelessness as described in section 1 of this act;

      (c) Local government and private contributions pledged to the program in the form of matching funds, property, infrastructure improvements, and other contributions; and the degree of leveraging of other funds from local government or private sources for the program for which funds are being requested, to include recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;

      (d) Construction projects or rehabilitation that will serve homeless individuals or families for a period of at least twenty-five years;

      (e) Projects which demonstrate serving homeless populations with the greatest needs, including projects that serve special needs populations;

      (f) The degree to which the applicant project represents a collaboration between local governments, nonprofit community-based organizations, local and state agencies, and the private sector, especially through its integration with the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650;

      (g) The cooperation of the local government in the annual Washington homeless census project;

      (h) The commitment of the local government and any subcontracting local governments, nonprofit organizations, and for-profit entities to employ a diverse work force;

      (i) The extent, if any, that the local homeless population is disproportionate to the revenues collected under this chapter, RCW 36.22.178, and section 9 of this act; and

      (j) Other elements shown by the applicant to be directly related to the goal and the department's state strategic plan.

      NEW SECTION. Sec. 12. (1) Only a local government is eligible to receive a homeless housing grant from the homeless housing account. Any city may assert responsibility for homeless housing within its borders if it so chooses, by forwarding a resolution to the legislative authority of the county stating its intention and its commitment to operate a separate homeless housing program. The city shall then receive a percentage of the surcharge assessed under section 9 of this act equal to the percentage of the city's local portion of the real estate excise tax collected by the county. A participating city may also then apply separately for homeless housing program grants. A city choosing to operate a separate homeless housing program shall be responsible for complying with all of the same requirements as counties and shall adopt a local homeless housing plan meeting the requirements of this chapter for county local plans. However, the city may by resolution of its legislative authority accept the county's homeless housing task force as its own and based on that task force's recommendations adopt a homeless housing plan specific to the city.

      (2) Local governments applying for homeless housing funds may subcontract with any other local government, housing authority, community action agency or other nonprofit organization for the execution of programs contributing to the overall goal of ending homelessness within a defined service area. All subcontracts shall be consistent with the local homeless housing plan adopted by the legislative authority of the local government, time limited, and filed with the department and shall have specific performance terms. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the homeless housing program within its borders.

      (3) A county may decline to participate in the program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution shall also be transmitted to the county auditor and treasurer. If such a resolution is adopted, all of the funds otherwise due to the county under section 10 of this act shall be remitted monthly to the state treasurer for deposit in the homeless housing account, without any reduction by the county for collecting or administering the funds. Upon receipt of the resolution, the department shall promptly begin to identify and contract with one or more entities eligible under this section to create and execute a local homeless housing plan for the county meeting the requirements of this chapter. The department shall expend all of the funds received from the county under this subsection to carry out the purposes of this act in the county, provided that the department may retain six percent of these funds to offset the cost of managing the county's program.

      (4) A resolution by the county declining to participate in the program shall have no effect on the ability of each city in the county to assert its right to manage its own program under this chapter, and the county shall monthly transmit to the city the funds due under this chapter.

      NEW SECTION. Sec. 13. The department shall allocate grant moneys from the homeless housing account to finance in whole or in part programs and projects in approved local homeless housing plans to assist homeless individuals and families gain access to adequate housing, prevent at-risk individuals from becoming homeless, address the root causes of homelessness, track and report on homeless-related data, and facilitate the movement of homeless or formerly homeless individuals along the housing continuum toward more stable and independent housing. The department may issue criteria or guidelines to guide local governments in the application process.

      NEW SECTION. Sec. 14. The department shall provide technical assistance to any participating local government that requests such assistance. Technical assistance activities may include:

      (1) Assisting local governments to identify appropriate parties to participate on local homeless housing task forces;

      (2) Assisting local governments to identify appropriate service providers with which the local governments may subcontract for service provision and development activities, when necessary;

      (3) Assisting local governments to implement or expand homeless census programs to meet homeless housing program requirements;

      (4) Assisting in the identification of "best practices" from other areas;

      (5) Assisting in identifying additional funding sources for specific projects; and

      (6) Training local government and subcontractor staff.

      NEW SECTION. Sec. 15. The department shall establish a uniform process for participating local governments to report progress toward reducing homelessness and meeting locally established goals.

      NEW SECTION. Sec. 16. The department may adopt such rules as may be necessary to effect the purposes of this chapter.

      NEW SECTION. Sec. 17. The department shall ensure that the state's interest is protected upon the development, use, sale, or change of use of projects constructed, acquired, or financed in whole or in part through the homeless housing grant program. These policies may include, but are not limited to: (1) Requiring a share of the appreciation in the project in proportion to the state's contribution to the project, or (2) requiring a lump sum repayment of the grant upon the sale or change of use of the project.

      Sec. 18. RCW 36.22.178 and 2002 c 294 s 2 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, a surcharge of ten dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. The ((auditor)) county may retain up to five percent of these funds collected ((to administer)) solely for the collection, administration, and local distribution of these funds. Of the remaining funds, forty percent of the revenue generated through this surcharge will be transmitted monthly to the state treasurer who will deposit the funds into the Washington housing trust account. The office of community development of the department of community, trade, and economic development will develop guidelines for the use of these funds to support building operation and maintenance costs of housing projects or units within housing projects that are affordable to extremely low-income persons with incomes at or below thirty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses. ((Sixty percent of the revenue)) All of the remaining funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to very low-income housing projects or units within such housing projects in the county and the cities within a county according to an interlocal agreement between the county and the cities within the county, consistent with countywide and local housing needs and policies. The funds generated with this surcharge shall not be used for construction of new housing if at any time the vacancy rate for available low-income housing within the county rises above ten percent. The vacancy rate for each county shall be developed using the state low-income vacancy rate standard developed under subsection (3) of this section. ((Permissible)) Uses of these local funds are limited to:

      (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income;

      (b) Supporting building operation and maintenance costs of housing projects or units within housing projects ((built with)) eligible to receive housing trust funds, that are affordable to very low-income persons with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses;

      (c) Rental assistance vouchers for housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with the United States department of housing and urban development's section 8 rental assistance voucher program standards; and

      (d) Operating costs for emergency shelters and licensed overnight youth shelters.

      (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.

      (3) The real estate research center at Washington State University shall develop a vacancy rate standard for low-income housing in the state as described in RCW 18.85.540(1)(i).

      Sec. 19. RCW 36.18.010 and 2002 c 294 s 3 are each amended to read as follows:

      County auditors or recording officers shall collect the following fees for their official services:

      For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW 65.04.050 as follows: The fee for each title or transaction is the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any additional pages for any recorded document; the fee for the additional pages may be collected only once and may not be collected for each title or transaction;

      For preparing and certifying copies, for the first page eight and one-half by fourteen inches or less, three dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;

      For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;

      For administering an oath or taking an affidavit, with or without seal, two dollars;

      For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;

      For searching records per hour, eight dollars;

      For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;

      For recording of miscellaneous records not listed above, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;

      For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170((.));

      For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees((.));

      For recording instruments, a surcharge as provided in RCW 36.22.178; and

      For recording instruments, except for documents recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state law, a surcharge as provided in section 9 of this act.

      NEW SECTION. Sec. 20. The department of social and health services shall exempt payments to individuals provided under this chapter when determining eligibility for public assistance.

      NEW SECTION. Sec. 21. This chapter does not require either the department or any local government to expend any funds to accomplish the goals of this chapter other than the revenues authorized in this act. However, neither the department nor any local government may use any funds authorized in this act to supplant or reduce any existing expenditures of public money for the reduction or prevention of homelessness or services for homeless persons.

      Sec. 22. RCW 43.185B.005 and 1993 c 478 s 1 are each amended to read as follows:

      (1) The legislature finds that:

      (a) Housing is of vital statewide importance to the health, safety, and welfare of the residents of the state;

      (b) Reducing homelessness and moving individuals and families toward stable, affordable housing is of vital statewide importance;

      (c) Safe, affordable housing is an essential factor in stabilizing communities;

      (((c))) (d) Residents must have a choice of housing opportunities within the community where they choose to live;

      (((d))) (e) Housing markets are linked to a healthy economy and can contribute to the state's economy;

      (((e))) (f) Land supply is a major contributor to the cost of housing;

      (((f))) (g) Housing must be an integral component of any comprehensive community and economic development strategy;

      (((g))) (h) State and local government must continue working cooperatively toward the enhancement of increased housing units by reviewing, updating, and removing conflicting regulatory language;


      (((h))) (i) State and local government should work together in developing creative ways to reduce the shortage of housing;

      (((i))) (j) The lack of a coordinated state housing policy inhibits the effective delivery of housing for some of the state's most vulnerable citizens and those with limited incomes; and

      (((j))) (k) It is in the public interest to adopt a statement of housing policy objectives.

      (2) The legislature declares that the purposes of the Washington housing policy act are to:

      (a) Provide policy direction to the public and private sectors in their attempt to meet the shelter needs of Washington residents;

      (b) Reevaluate housing and housing-related programs and policies in order to ensure proper coordination of those programs and policies to meet the housing needs of Washington residents;

      (c) Improve the delivery of state services and assistance to very low-income and low-income households and special needs populations;

      (d) Strengthen partnerships among all levels of government, and the public and private sectors, including for-profit and nonprofit organizations, in the production and operation of housing to targeted populations including low-income and moderate-income households;

      (e) Increase the supply of housing for persons with special needs;

      (f) Encourage collaborative planning with social service providers;

      (g) Encourage financial institutions to increase residential mortgage lending; and

      (h) Coordinate housing into comprehensive community and economic development strategies at the state and local level.

      Sec. 23. RCW 43.185B.009 and 1993 c 478 s 3 are each amended to read as follows:

      The objectives of the Washington housing policy act shall be to attain the state's goal of a decent home in a healthy, safe environment for every resident of the state by strengthening public and private institutions that are able to:

      (1) Develop an adequate and affordable supply of housing for all economic segments of the population, including the destitute;

      (2) Identify and reduce the causal factors preventing the state from reaching its goal;

      (3) Assist very low-income and special needs households who cannot obtain affordable, safe, and adequate housing in the private market;

      (((3))) (4) Encourage and maintain home ownership opportunities;

      (((4))) (5) Reduce life-cycle housing costs while preserving public health and safety;

      (((5))) (6) Preserve the supply of existing affordable housing;

      (((6))) (7) Provide housing for special needs populations;

      (((7))) (8) Ensure fair and equal access to the housing market;

      (((8))) (9) Increase the availability of mortgage credit at low interest rates; and

      (((9))) (10) Coordinate and be consistent with the goals, objectives, and required housing element of the comprehensive plan in the state's growth management act in RCW 36.70A.070.

      NEW SECTION. Sec. 24. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

      NEW SECTION. Sec. 25. This act takes effect August 1, 2005.

      NEW SECTION. Sec. 26. Sections 1 through 8, 10 through 17, 20, 21, 24, and 25 of this act constitute a new chapter in Title 43 RCW."

      Senators McAuliffe, Fairley and Brandland spoke in favor of adoption of the committee striking amendment.

      Senator Benson spoke against adoption of the committee striking amendment.

 

MOTION

 

On motion of Senator McCaslin, Senator Morton was excused.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection to Engrossed Second Substitute House Bill No. 2163.

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


MOTION

 

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

      On page 1, line 2 of the title, after "Washington;" strike the remainder of the title and insert "amending RCW 36.22.178, 36.18.010, 43.185B.005, and 43.185B.009; adding a new section to chapter 36.22 RCW; adding a new chapter to Title 43 RCW; and providing an effective date."

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 2163, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, Franklin, Brown and Hargrove spoke in favor of passage of the bill.

      Senator Benson spoke against passage of the bill.

 

MOTION

 

 

      On motion of Senator Hewitt, Senator Pflug was excused.

 

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 2163, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2163, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 28; Nays, 18; Absent, 0; Excused, 3.

      Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 28

      Voting nay: Senators Benson, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Mulliken, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens and Zarelli - 18

      Excused: Senators Benton, Morton and Oke - 3

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2163, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 5, 2005



MR. PRESIDENT:

      The House has passed the following bill{s}:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5002,

      SENATE BILL NO. 5044,

      ENGROSSED SENATE BILL NO. 5045,

      SENATE BILL NO. 5046,

      SENATE BILL NO. 5053,

      SUBSTITUTE SENATE BILL NO. 5105,

      SENATE BILL NO. 5142,

      SENATE BILL NO. 5589,

      SUBSTITUTE SENATE BILL NO. 5832,

      SENATE BILL NO. 5833,

      SENATE BILL NO. 5977,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


SIGNED BY THE PRESIDENT

 

The President signed:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5002,

      SENATE BILL NO. 5044,

      ENGROSSED SENATE BILL NO. 5045,

      SENATE BILL NO. 5046,

      SENATE BILL NO. 5053,

      SUBSTITUTE SENATE BILL NO. 5105,

      SENATE BILL NO. 5142,

      SENATE BILL NO. 5589,

      SUBSTITUTE SENATE BILL NO. 5832,

      SENATE BILL NO. 5833,

      SENATE BILL NO. 5977.


MOTION


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


MOTION

 

      Senator Delvin moved adoption of the following resolution:

 

SENATE RESOLUTION

8675

 

By Senators Delvin, Benson, Brown, Deccio, Hewitt, Honeyford and McCaslin

 

      WHEREAS, The Eastern Washington Elite Dance Teams consist of three teams with 41 total dancers; and

      WHEREAS, The Senior Elite and Senior Prep teams each include 14 dancers, with members ranging from ninth grade through twelfth grade, and the Junior Elite team includes 13 dancers with members ranging from sixth grade through ninth grade; and

      WHEREAS, Members of the three teams reside throughout the Tri-Cities, Spokane, Walla Walla, and Yakima and come to practice in Kennewick with Coach Teri Rowe; and

      WHEREAS, On February 4, 2005, the teams participated in the Universal Dance Association sponsored National Dance Team Championships in Orlando, Florida; and

      WHEREAS, The Senior Elite, including Anna Merrifield, Tiffany Huber, Marisha Mikheeva, Kate Griffith, Molly Moffett, Jessica Quinn, Courtney Hutchins, Carli Forthun, Alissa Gunderson, Amanda Shortell, Ashley Sanislo, Desiree Walter, Kelsey Hamada, and Angie Barness, won the National Championships in hip-hop dance and jazz; and

      WHEREAS, The Senior Prep, including Andrea Crass, Celestan Frost, Rebecca Gaulke, Megan Huber, Ashley Georgia, Ashley Cosgrove, Melissa Johnson, Jackie Delo, Chanelle Whaley, Caroline Cayetano, Amanda Pentilla, Kelsey Skinner, Tawni Kay, and Heather King placed fourth in pom-pom dance; and

      WHEREAS, The Junior Elite, including Kelsey Wehner, Tori Stephenson, Bailey Urness, Olecia Mikheeva, Sam Minyard, Jill Wyss, Sharayah Ott, Haylee Tayamen, Paige Bobiles, Danielle Barness, Cara Scovazzo, Megan Bissell, and Carsen Rowe, won their second consecutive National Championship in hip-hop dance and placed second in jazz; and

      WHEREAS, Head coach Teri Rowe along with assistant coaches Jen Malloy, Serena Dotson, Mandy Case, and Heather Hanson provide excellent guidance and leadership.

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate officially recognize the Eastern Washington Elite Dance teams, their exemplary performance at the National Dance Team Championships, and their inspiring representation of our state for all Washingtonians.

      Senator Delvin spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8675.

      The motion by Senator Delvin carried and the resolution was adopted by voice vote.

 

INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced championship Junior Elite team members Kelsey Wehner and Tori Stephenson of the Eastern Washington Elite Dance Teams who were seated in the gallery.


INTRODUCTION OF SPECIAL GUEST


      President Owen: “We have the great privilege today of having a very special guest with us, Miss Tri-Cities, 2000-2005. I wanted to introduce this young lady to you because I was going through her resume and we are very fortunate in the State of Washington to have these most outstanding students doing all sorts of things in athletics and academics and musical things. Here’s one of those outstanding students right here that covers a couple different ones. Not only is she an outstanding student, she, as a matter of fact, received the Washington State Honors Award for outstanding academic achievement. She received the Marshall/Alexander Speech/Drama Award; the WWHS Choir Ensemble Award; the Arion Award; she’s a member of the National Honor Society; and Honor Roll at Columbia Basin Community College. She is a very talented person as a classical vocalist. Not only is she scholastically accomplish but, also, she’s quite a leader as ASB Representative; Conspiracy of Hope Commissioner and organizer which is a charity talent show; Counselor and President of Young Women’s Organization at church; and she chaired the annual WWHS Teacher Appreciation Dinner; and co-organizer of Children’s Olympics. Her goals and objectives are to educate people about family values. Ladies and gentlemen, would you please help me welcome this wonderful young lady? Alainna Fielding, Miss Tri-Cities.”


REMARKS BY MISS ALAINNA FIELDING

 

      Miss Alainna Fielding: “They said I have a few minutes to speak to you. So, I am the youngest of seven children born to two loving parents and raised on a farm in the Columbia Basin. I attended Walla Walla High School where I had an excellent civics teacher who taught, in great detail, about the different branches of the government including the purposes and duties of the State Senate. Never once did I entertain the thought that I would one day be standing on the Senate floor speaking to those very people. I even get to sit in the Lt. Governor’s seat and that really surprised me, so that was a great honor. I am again honored and humbled to be in your presence and want to, first and foremost, extend my sincere gratitude for all that you do to uphold the principles and ideals of this great country is founded upon. From the time that I was very young my mother and dad endeavored to instill the attitude of patriotism in me and my siblings through literature and song. Maybe that is why both of my brothers have gone into law. In fact, my eldest brother just graduated from Harvard Law School a few years ago and my other brother in currently attending Duke Law School. A little over a year ago I was attending Brigham Young University in Provo, Utah. Funds were very tight and my parents being in a position where they couldn’t help me much financially I began a diligent exploration of other options. A friend of mine recommended the Miss America organization. She explained to me that it was not a beauty pageant but a scholarship program. That, in fact, it is the largest scholarship program for women in the nation, distributing over forty-five million dollars. It starts by winning a local pageant, Miss Tri-Cities, for example, and then proceeding to the state level. I will have the opportunity, the privilege, to compete for the title of Miss Washington on June 24th and 25th. The state titleholders complete at Miss America in September. I learned through some additional research that the overwhelming majority of the score involved in this pageant is, a whopping eighty percent, is based on interview and talent – hardly a beauty pageant. Another interesting fact is that it is a non-profit organization. Thousands of men and women including the ones that came with me here today, they’re up in the galleries supporting me, they donate countless hours of their personal time to support this program and the promising young women who participate. The Kennewick relief squad is a fine example of the type of young women to which this program caters. I personally want to congratulate you girls, and all the ones that aren’t present here today, for all your hard work and your determination and what you stand for. The motto of the Miss Washington organization sums up the result of this program perfectly. ‘Building leaders one scholarship at a time.’ It embraces the true essence of leadership and that is service. In fact by the end of this year I will have been able to have volunteer over five-hundred hours of my time to my community through speaking engagements; presentations; visiting grade schools, middle schools; and meeting and mentoring youths, just to mention a few. Through these opportunities I am getting a crash course in public relations and I am getting a clear understanding of what it means to be an effective leader and a role model. In addition, it has provided me with much needed scholarship money to continue to pursue my degree in vocal performance and my career in opera. Clearly the benefits of this program far exceed that which meets the eye and, in my mind, the most positive aspect of this program is the opportunity it provides young women to promote a personally chosen platform. I chose strengthening the family to be my focus, an issue with which I am genuinely concerned. Goethe, a revered philopher, once said, ‘Never let that which matters most be at the mercy of that which matters least.’ The families often take a back seat to the pursuit of wealth and just plain busyness in all of it’s forms. When it comes to the family, I am convinced that you, the leaders of this state, can have a tremendous impact. When considering whether to support a bill, I ask you to carefully consider the effect its passing will have on the family. Please promote those measures designed to maintain and strengthen the family as a fundamental unit of society. I want you to know that you are prayed for. May God grant you wisdom and understanding and support you in the responsibilities that you bear. His eye is on the sparrow. I know He watches this country. Thank you so much.”


MOTION


At 12:05 p.m., on motion of Senator Eide, the Senate was recessed until 1:30 p.m.


AFTERNOON SESSION


The Senate was called to order at 1:35 p.m. by the President Pro Tempore.

 

MOTION


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


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1806, by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Kenney, Haigh, Kessler, Morrell, Dickerson, Williams, P. Sullivan, Ericks, Anderson, McDermott, Wood, Linville, Moeller and Hudgins)

 

      Encouraging the ethical transfer of technology for the economic benefit of the state.


      The measure was read the second time.


MOTION


      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1806 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles, Parlette and Benson spoke in favor of passage of the bill.


POINT OF INQUIRY

 

Senator Thibaudeau: “Would Senator Kohl-Welles yield to a question? My question has to do with how does the University – and I’m a great admirer of many of their inventions – benefit financially from these? I raised questions with some pharmaceutical manufacturers and they said universities can’t afford to market these things and we can. So, they research and we do the marketing and they make all the money. So, can you explain that a little bit for me, please?”

 

Senator Kohl-Welles: “Thank you Senator Thibaudeau. Yes, the institutions, the universities and colleges, are able to get royalty payments for the inventions and development of products that take place through their university research programs.”


      The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1806.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1806 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Absent: Senator Brandland - 1

      SUBSTITUTE HOUSE BILL NO. 1806, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      HOUSE BILL NO. 1232, by Representatives O'Brien, Pearson, Morrell, Lantz, Lovick, Wood, McCune, Wallace and Condotta

 

      Clarifying the ability of Washington state patrol officers to engage in private law enforcement off-duty employment in plainclothes for private benefit.


      The measure was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 1232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and McCaslin spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1232.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1232 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1232, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1137, by House Committee on Health Care (originally sponsored by Representatives Morrell, Orcutt, Cody, McDonald, Green, Campbell, Clibborn, Schindler, Kagi, Woods, Hunt, Miloscia, Linville, Lantz, Moeller, Williams, Wallace and Kenney)

 

      Modifying the scope of care provided by physical therapists.


      The measure was read the second time.


MOTION

 

      Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 18.74.005 and 1983 c 116 s 1 are each amended to read as follows:

      ((In order to safeguard the public safety and welfare, to protect the public from being misled by incompetent, unethical, and unauthorized persons, and to assure the highest degree of professional conduct and competency, it is)) The purpose of this chapter ((to strengthen existing regulation of persons offering physical therapy services to the public)) is to protect the public health, safety, and welfare, and to provide for state administrative control, supervision, licensure, and regulation of the practice of physical therapy. It is the intent of the legislature that only individuals who meet and maintain prescribed standards of competence and conduct be allowed to engage in the practice of physical therapy as defined and authorized by this chapter.

      Sec. 2. RCW 18.74.010 and 1997 c 275 s 8 are each amended to read as follows:

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

      (1) "Board" means the board of physical therapy created by RCW 18.74.020.

      (2) "Department" means the department of health.

      (3) "Physical therapy" means the ((treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, cold, air, light, water, electricity, sound, massage, and therapeutic exercise, which includes posture and rehabilitation procedures; the performance of tests and measurements of neuromuscular function as an aid to the diagnosis or treatment of any human condition; performance of treatments on the basis of test findings after consultation with and periodic review by an authorized health care practitioner except as provided in RCW 18.74.012; supervision of selective forms of treatment by trained supportive personnel; and provision of consultative services for health, education, and community agencies. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, and the use of spinal manipulation or manipulative mobilization of the spine and its immediate articulations, are not included under the term "physical therapy" as used in this chapter)) care and services provided by or under the direction and supervision of a physical therapist licensed by the state. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, and the use of spinal manipulation, or manipulative mobilization of the spine and its immediate articulations, are not included under the term "physical therapy" as used in this chapter.

      (4) "Physical therapist" means a person who ((practices physical therapy as defined in this chapter but does not include massage operators as defined in RCW 18.108.010)) meets all the requirements of this chapter and is licensed in this state to practice physical therapy.

      (5) "Secretary" means the secretary of health.

      (6) Words importing the masculine gender may be applied to females.

      (7) "Authorized health care practitioner" means and includes licensed physicians, osteopathic physicians, chiropractors, naturopaths, podiatric physicians and surgeons, dentists, and advanced registered nurse practitioners: PROVIDED, HOWEVER, That nothing herein shall be construed as altering the scope of practice of such practitioners as defined in their respective licensure laws.

      (8) "Practice of physical therapy" is based on movement science and means:


      (a) Examining, evaluating, and testing individuals with mechanical, physiological, and developmental impairments, functional limitations in movement, and disability or other health and movement-related conditions in order to determine a diagnosis, prognosis, plan of therapeutic intervention, and to assess and document the ongoing effects of intervention;

      (b) Alleviating impairments and functional limitations in movement by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise; functional training related to balance, posture, and movement to facilitate self-care and reintegration into home, community, or work; manual therapy including soft tissue and joint mobilization and manipulation; therapeutic massage; assistive, adaptive, protective, and devices related to postural control and mobility except as restricted by (c) of this subsection; airway clearance techniques; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction;

      (c) Training for, and the evaluation of, the function of a patient wearing an orthosis or prosthesis as defined in RCW 18.200.010. Physical therapists may provide those direct-formed and prefabricated upper limb, knee, and ankle-foot orthoses, but not fracture orthoses except those for hand, wrist, ankle, and foot fractures, and assistive technology devices specified in RCW 18.200.010 as exemptions from the defined scope of licensed orthotic and prosthetic services. It is the intent of the legislature that the unregulated devices specified in RCW 18.200.010 are in the public domain to the extent that they may be provided in common with individuals or other health providers, whether unregulated or regulated under Title 18 RCW, without regard to any scope of practice;

      (d) Performing wound care services that is limited to sharp debridement, debridement with other agents, dry dressings, wet dressings, topical agents including enzymes, hydrotherapy, electrical stimulation, ultrasound, and other similar treatments. Physical therapists may not delegate sharp debridement. A physical therapist may perform wound care services only by referral from or after consultation with an authorized health care practitioner;

      (e) Reducing the risk of injury, impairment, functional limitation, and disability related to movement, including the promotion and maintenance of fitness, health, and quality of life in all age populations; and

      (f) Engaging in administration, consultation, education, and research.

      (9)(a) "Physical therapist assistant" means a person who has successfully completed a board-approved physical therapist assistant program.

      (b) "Physical therapy aide" means a person who is involved in direct physical therapy patient care who does not meet the definition of a physical therapist or physical therapist assistant and receives ongoing on-the-job training.

      (c) "Other assistive personnel" means other trained or educated health care personnel, not defined in (a) or (b) of this subsection, who perform specific designated tasks related to physical therapy under the supervision of a physical therapist, including but not limited to licensed massage practitioners, athletic trainers, and exercise physiologists. At the direction of the supervising physical therapist, and if properly credentialed and not prohibited by any other law, other assistive personnel may be identified by the title specific to their training or education.

      (10) "Direct supervision" means the supervising physical therapist must (a) be continuously on-site and present in the department or facility where assistive personnel or holders of interim permits are performing services; (b) be immediately available to assist the person being supervised in the services being performed; and (c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel.

      (11) "Sharp debridement" means the removal of devitalized tissue from a wound with scissors, scalpel, and tweezers without anesthesia. "Sharp debridement" does not mean surgical debridement. A physical therapist may perform sharp debridement, to include the use of a scalpel, only upon showing evidence of adequate education and training as established by rule. Until the rules are established, but no later than July 1, 2006, physical therapists licensed under this chapter who perform sharp debridement as of the effective date of this section shall submit to the secretary an affidavit that includes evidence of adequate education and training in sharp debridement, including the use of a scalpel.

      Sec. 3. RCW 18.74.012 and 2000 c 171 s 24 are each amended to read as follows:

      ((Notwithstanding the provisions of RCW 18.74.010(3),)) A consultation and periodic review by an authorized health care practitioner is not required for treatment of neuromuscular or musculoskeletal conditions((: PROVIDED, That a physical therapist may only provide treatment utilizing orthoses that support, align, prevent, or correct any structural problems intrinsic to the foot or ankle by referral or consultation from an authorized health care practitioner)).

      NEW SECTION. Sec. 4. (1) It is unlawful for any person to practice or in any manner hold himself or herself out to practice physical therapy or designate himself or herself as a physical therapist, unless he or she is licensed in accordance with this chapter.

      (2) This chapter does not restrict persons licensed under any other law of this state from engaging in the profession or practice for which they are licensed, if they are not representing themselves to be physical therapists or providers of physical therapy.

      (3) The following persons are exempt from licensure as physical therapists under this chapter when engaged in the following activities:

      (a) A person who is pursuing a course of study leading to a degree as a physical therapist in an approved professional education program and is satisfying supervised clinical education requirements related to his or her physical therapy education while under direct supervision of a licensed physical therapist;

      (b) A physical therapist while practicing in the United States armed services, United States public health service, or veterans administration as based on requirements under federal regulations for state licensure of health care providers; and

      (c) A physical therapist licensed in another United States jurisdiction, or a foreign-educated physical therapist credentialed in another country, performing physical therapy as part of teaching or participating in an educational seminar of no more than sixty days in a calendar year.

      NEW SECTION. Sec. 5. (1) A physical therapist licensed under this chapter is fully authorized to practice physical therapy as defined in this chapter.

      (2) A physical therapist shall refer persons under his or her care to appropriate health care practitioners if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice under this chapter or when physical therapy is contraindicated.

      (3) Physical therapists shall adhere to the recognized standards of ethics of the physical therapy profession and as further established by rule.

      (4) A physical therapist may perform electroneuromyographic examinations for the purpose of testing neuromuscular function only by referral from an authorized health care practitioner identified in RCW 18.74.010(7) and only upon demonstration of further education and training in electroneuromyographic examinations as established by rule. Within two years after July 1, 2005, the secretary shall waive the requirement for further education and training for those physical therapists licensed under this chapter who perform electroneuromyographic examinations.


      (5) A physical therapist licensed under this chapter may purchase, store, and administer medications such as hydrocortisone, fluocinonide, topical anesthetics, silver sulfadiazine, lidocaine, magnesium sulfate, zinc oxide, and other similar medications, and may administer such other drugs or medications as prescribed by an authorized health care practitioner for the practice of physical therapy. A pharmacist who dispenses such drugs to a licensed physical therapist is not liable for any adverse reactions caused by any method of use by the physical therapist.

      NEW SECTION. Sec. 6. (1) Physical therapists are responsible for patient care given by assistive personnel under their supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks, or procedures that fall within the scope of physical therapy practice but do not exceed the education or training of the assistive personnel.

      (2) Nothing in this chapter may be construed to prohibit other licensed health care providers from using the services of physical therapist assistants, physical therapist aides, or other assistive personnel as long as the licensed health care provider is responsible for the activities of such assistants, aides, and other personnel and provides appropriate supervision.

      NEW SECTION. Sec. 7. Sections 4 through 6 of this act are each added to chapter 18.74 RCW."

      Senators Keiser and Parlette spoke in favor of adoption of the committee striking amendment.

 

      The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health & Long-Term Care to Substitute House Bill No. 1137.

      The motion by Senator Keiser carried and the committee striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 1 of the title, after "therapy;" strike the remainder of the title and insert "amending RCW 18.74.005, 18.74.010, and 18.74.012; and adding new sections to chapter 18.74 RCW."

 

MOTION


      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1137, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Thibaudeau spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1137, as amended by the Senate.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1137, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Deccio, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40

      Voting nay: Senators Carrell, Delvin, Esser, Haugen, Johnson, Parlette, Rasmussen, Schoesler and Sheldon - 9

      SUBSTITUTE HOUSE BILL NO. 1137, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


      The President assumed the chair.

 

SECOND READING

 

      SENATE BILL NO. 5948, by Senators Pridemore and Zarelli

 

      Modifying unclaimed property provisions.


      The measure was read the second time.


MOTION


      On motion of Senator Pridemore, the rules were suspended, Senate Bill No. 5948 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Pridemore and Pflug spoke in favor of passage of the bill.


MOTION


On motion of Senator Esser, Senators Finkbeiner, Hewitt , Honeyford and Parlette were excused.


      The President declared the question before the Senate to be the final passage of Senate Bill No. 5948.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5948 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 44

      Absent: Senator Zarelli - 1

      Excused: Senators Finkbeiner, Hewitt, Honeyford and Parlette - 4

      SENATE BILL NO. 5948, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      HOUSE BILL NO. 1138, by Representatives Ericksen and Holmquist

 

      Regulating fees for using an automated teller machine.


      The measure was read the second time.


MOTION



      On motion of Senator Fairley, the rules were suspended, House Bill No. 1138 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Fairley and Brandland spoke in favor of passage of the bill.


POINT OF INQUIRY

 

Senator Benton: “Would the gentleman from the 42nd District yield to a question? Senator Brandland, is the language in this bill written such a way that it is very, very narrow and only applies to international border areas?”

Senator Brandland: “You know, I don’t know if it is that narrowly focused, but I can tell you the intent of the legislation was for that, generally, that narrow type of focus.”

Senator Benton: “So its clear, then that the intent would not apply to all teller machines throughout Washington State only on teller machines that are on the international border?”

Senator Brandland: “No, it’s intended for a Canadian. If a Canadian, for example, uses an ATM machine in the United States and they agree to continue to pay the $1.50, then with this law that will mean that Canada will reimburse that store owner, whether there in Sumas or in Seattle, that $1.50.”

Senator Benton: “But it wouldn’t apply to Italians or Mexicans or Germans. It would be Canadians?”

Senator Brandland: “My sense is that, I think, what the intent here is to deal with the Canadian traffic.”


      The President declared the question before the Senate to be the final passage of House Bill No. 1138.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1138 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 44

      Absent: Senator Zarelli - 1

      Excused: Senators Finkbeiner, Hewitt, Honeyford and Parlette - 4

      HOUSE BILL NO. 1138, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


On motion of Senator Esser, Senator Zarelli was excused.

 

RULING BY THE PRESIDENT


      President Owen: “In ruling upon the point of order raised by Senator McCaslin that House Bill 1944 is an expansion of gambling that requires a sixty percent vote under Article II, Section 24 of the Washington Constitution, the President finds and rules as follows:

      It seems clear that the main impetus of this measure is to clarify that state employee raffles for charitable purposes are permitted under the Ethics Act. Section 2 makes this clarification and, had the measure been limited to the Ethics Act, no question as to gambling expansion would arise. The first section, however, unequivocally adds state agencies to the list of nonprofit organizations which may hold charitable raffles. In so doing, it expands the class of people who may conduct gambling, and this is therefore an expansion of gambling, albeit for a limited and charitable cause. As a result, Senator McCaslin’s point is well-taken and a sixty percent vote of this body will be needed for final passage.”

 

MOTION

 

On motion of Senator Eide, House Bill No. 1944 was deferred and the bill held its place on the third reading calendar.

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1220, by House Committee on Appropriations (originally sponsored by Representatives Morrell, Schual-Berke, Cody, Simpson, Campbell, Williams, Chase, Kenney, O'Brien, Clibborn, Conway, Green, Kagi and Upthegrove)

 

      Establishing a joint legislative and executive task force on long-term care financing and chronic care management.


      The measure was read the second time.


MOTION

 

      Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The governor shall establish a joint legislative and executive task force on long-term care financing and chronic care management. The joint task force consists of eight members, as follows: The secretary of the department of social and health services; the secretary of the department of health; the administrator of the health care authority; a representative from the governor's office; two members of the senate appointed by the president of the senate, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus; and two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus.

      (2) The joint task force shall elect a member of the joint task force to serve as chair of the joint task force.

      (3) Consistent with funds appropriated specifically for this purpose, the joint task force shall contract for professional services. State agencies, the senate, and the house of representatives may provide staff support upon request of the joint task force.

      (4) The joint task force shall create advisory committees to assist the joint task force in its work. The task force shall actively consult with and solicit recommendations from the advisory committee or committees regarding issues under consideration by the task force.

      (5) Joint task force members may be reimbursed for travel expenses as authorized under RCW 43.03.050 and 43.03.060, and chapter 44.04 RCW as appropriate. Advisory committee members, if appointed, may not receive compensation or reimbursement for travel or expenses.

      (6) The joint task force shall review public and private mechanisms for financing long-term care and make recommendations related to:

      (a) The composition of a long-term care system that is adequate to meet the needs of persons of all ages with functional limitations, including appropriate services to be offered in the continuum of care ranging from services to support persons residing at home through residential care. This shall be accomplished by first determining capacity in each level of care in the long-term care continuum and assessing the impact, by geographic region, of increasing or decreasing capacity in each level of care;

      (b) Efficient payment models that will effectively sustain public funding of long-term care and maximize the use of financial resources to directly meet the needs of persons of all ages with functional limitations;

      (c) State laws and regulations that should be revised and/or eliminated in order to reduce or contain long-term care costs to individuals and the state;

      (d) The feasibility of private options for realistically enabling individuals to pay for long-term care and the most effective tools for implementing these options. The assessment of options should include but not be limited to: (i) Adequacy of personal savings and pensions; (ii) availability of family care, including incentives and supports for families to provide care or pay for care; (iii) creative community-based strategies or partnerships for funding quality long-term care; (iv) enhanced health insurance options; (v) long-term care insurance options, including incentives to purchase long-term care insurance through individual or group-based products; (vi) life insurance annuities; and (vii) reverse mortgage and other products that draw on home equity; and

      (e) Options that will support long-term care needs of rural communities.

      (7) The joint task force shall recommend chronic care management and disability prevention interventions that will reduce health care and long-term care costs to individuals and the state, improve the health of individuals over their life span, and encourage patient self-management of chronic care needs.

      (8) The joint task force shall incorporate a process designed to facilitate an open dialog with the public on findings and recommendations.

      (9) The joint task force shall: (a) Report its initial findings to the governor and appropriate committees of the legislature by January 1, 2006; (b) report its recommendations to the governor and appropriate committees of the legislature by January 1, 2007; and (c) submit a final report to the governor and appropriate committees of the legislature by June 30, 2007.

      NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void."

      Senator Keiser spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health & Long-Term Care to Second Substitute House Bill No. 1220.

      The motion by Senator Keiser carried and the committee striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 2 of the title, after "management;" strike the remainder of the title and insert "and creating new sections."


MOTION


      On motion of Senator Keiser, the rules were suspended, Second Substitute House Bill No. 1220, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Keiser spoke in favor of passage of the bill.


MOTION


On motion of Senator Regala, Senator Fairley was excused.

 

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1220, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1220, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 43

      Excused: Senators Fairley, Finkbeiner, Hewitt, Honeyford, Parlette and Zarelli - 6

      SECOND SUBSTITUTE HOUSE BILL NO. 1220, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      HOUSE BILL NO. 1356, by Representatives Pettigrew, Holmquist and Ormsby

 

      Expanding local government insurance options.


      The measure was read the second time.


MOTION


      On motion of Senator Berkey, the rules were suspended, House Bill No. 1356 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Berkey and Benton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1356.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1356 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 44

      Excused: Senators Finkbeiner, Hewitt, Honeyford, Parlette and Zarelli - 5

      HOUSE BILL NO. 1356, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      HOUSE BILL NO. 1409, by Representatives Condotta, Wood and Conway

 

      Revising provisions relating to contract liquor stores.


      The measure was read the second time.


MOTION


      On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1409 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kohl-Welles spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1409.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1409 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 45

      Excused: Senators Hewitt, Honeyford, Parlette and Zarelli - 4

      HOUSE BILL NO. 1409, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


      The Senate resumed consideration of Engrossed Substitute House Bill No. 1064 which had been deferred on the previous day.

 

MOTION

 

      Senator Kastama moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that:

      (1) Citizens demand and deserve accountability of public programs. Public programs must continuously improve in quality, efficiency, and effectiveness in order to increase public trust;

      (2) Washington state government and other entities that receive tax dollars must continuously improve the way they operate and deliver services so citizens receive maximum value for their tax dollars;

      (3) An independent citizen advisory board is necessary to ensure that government services, customer satisfaction, program efficiency, and management systems are world class in performance;

      (4) Fair, independent, professional performance audits of state agencies are essential to improving the efficiency and effectiveness of government; and

      (5) The performance audit activities of the joint legislative audit and review committee should be supplemented by making fuller use of the state auditor's resources and capabilities.

      NEW SECTION. Sec. 2. A new section is added to chapter 43.09 RCW to read as follows:

      For purposes of sections 3 through 6, 8, 9, and 11 of this act:

      (1) "Board" means the citizen advisory board created in section 3 of this act.

      (2) "Draft work plan" means the work plan for conducting performance audits of state agencies proposed by the board and state auditor after the statewide performance review.

      (3) "Final performance audit report" means a written document jointly released by the citizen advisory board and the state auditor that includes the findings and comments from the preliminary performance audit report.

      (4) "Final work plan" means the work plan for conducting performance audits of state agencies adopted by the board and state auditor.

      (5) "Performance audit" means an objective and systematic assessment of a state agency or any of its programs, functions, or activities by an independent evaluator in order to help public officials improve efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.

      (6) "Preliminary performance audit report" means a written document prepared after the completion of a performance audit to be submitted for comment before the final performance audit report. The preliminary performance audit report must contain the audit findings and any proposed recommendations to improve the efficiency, effectiveness, or accountability of the state agency being audited.

      (7) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. "State agency" includes all offices of executive branch state government elected officials.

      NEW SECTION. Sec. 3. A new section is added to chapter 43.09 RCW to read as follows:

      (1) The citizen advisory board is created to improve efficiency, effectiveness, and accountability in state government.

      (2) The board shall consist of ten members as follows:

       (a) One member shall be the state auditor, who shall be a nonvoting member;

      (b) One member shall be the legislative auditor, who shall be a nonvoting member;

      (c) One member shall be the director of the office of financial management, who shall be a nonvoting member;

      (d) Four of the members shall be selected by the governor as follows: Each major caucus of the house of representatives and the senate shall submit a list of three names. The lists may not include the names of members of the legislature or employees of the state. The governor shall select a person from each list provided by each caucus; and

      (e) The governor shall select three citizen members who are not state employees.

      (3) The board shall elect a chair. The legislative auditor, the state auditor, and the director of the office of financial management may not serve as chair.

      (4) Appointees shall be individuals who have a basic understanding of state government operations with knowledge and expertise in performance management, quality management, strategic planning, performance assessments, or closely related fields.

      (5) Members selected under subsection (2)(d) and (e) of this section shall serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. However, in the case of the initial members, two members shall serve four-year terms, two members shall serve three-year terms, and one member shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term.

      (6) The office of the state auditor shall provide clerical, technical, and management personnel to the board to serve as the board's staff.

      (7) The board shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the board.

      (8) The members of the board shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      NEW SECTION. Sec. 4. A new section is added to chapter 43.09 RCW to read as follows:

      The board shall establish an assessment and performance grading program. The program shall consist of conducting performance assessments and grading state agency performance. Assessments shall be implemented on a phased-in schedule. Initial areas to be assessed shall include quality management, productivity and fiscal efficiency, program effectiveness, contract management and oversight, internal audit, internal and external customer satisfaction, statutory and regulatory compliance, and technology systems and on-line services. As part of this program, the board shall:

      (1) Consult with and seek input from elected officials, state employees including front-line employees, and professionals with a background in performance management for establishing the grading standards. In developing the criteria, the board shall consider already developed best practices and audit criteria used by government or nongovernment organizations. Before the assessment, the agencies shall be given the criteria for the assessment and the standards for grading;

      (2) Contract or partner with those public or private entities that have expertise in developing public sector reviews applying fact-based objective criteria and/or technical expertise in individual assessment areas to perform the assessments and grading of all state agencies. The board may contract or partner with more than one entity for different assessment areas; and

      (3) Submit the results of the assessment and grading program to the governor, the office of financial management, appropriate legislative committees, and the public by December 15th of each year. The results of the assessments and performance grading shall be posted on the internet.

      NEW SECTION. Sec. 5. A new section is added to chapter 43.09 RCW to read as follows:

      (1) The board and the state auditor shall collaborate with the joint legislative audit and review committee regarding performance audits of state government.

      (a) The board shall establish criteria for performance audits consistent with the criteria and standards followed by the joint legislative audit and review committee. This criteria shall include, at a minimum, the auditing standards of the United States government accountability office, as well as legislative mandates and performance objectives established by state agencies and the legislature. Mandates include, but are not limited to, agency strategies, timelines, program objectives, and mission and goals as required in RCW 43.88.090.

      (b) Using the criteria developed in (a) of this subsection, the state auditor shall contract for a statewide performance review to be completed as expeditiously as possible as a preliminary to a draft work plan for conducting performance audits. The board and the state auditor shall develop a schedule and common methodology for conducting these reviews. The purpose of these performance reviews is to identify those agencies, programs, functions, or activities most likely to benefit from performance audits and to identify likely areas warranting early review, taking into account prior performance audits, if any, and prior fiscal audits.

      (c) The board and the state auditor shall develop the draft work plan for performance audits based on input from citizens, state employees, including front-line employees, state managers, chairs and ranking members of appropriate legislative committees, the joint legislative audit and review committee, public officials, and others. The draft work plan may include a list of agencies, programs, or systems to be audited on a timeline decided by the board and the state auditor based on a number of factors including risk, importance, and citizen concerns. When putting together the draft work plan, there should be consideration of all audits and reports already required. On average, audits shall be designed to be completed as expeditiously as possible.

      (d) Before adopting the final work plan, the board shall consult with the legislative auditor and other appropriate oversight and audit entities to coordinate work plans and avoid duplication of effort in their planned performance audits of state government agencies. The board shall defer to the joint legislative audit and review committee work plan if a similar audit is included on both work plans for auditing.

      (e) The state auditor shall contract out for performance audits. In conducting the audits, agency front-line employees and internal auditors should be involved.

      (f) All audits must include consideration of reports prepared by other government oversight entities.

      (g) The audits may include:

      (i) Identification of programs and services that can be eliminated, reduced, consolidated, or enhanced;

      (ii) Identification of funding sources to the state agency, to programs, and to services that can be eliminated, reduced, consolidated, or enhanced;

      (iii) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;

      (iv) Analysis and recommendations for pooling information technology systems used within the state agency, and evaluation of information processing and telecommunications policy, organization, and management;

      (v) Analysis of the roles and functions of the state agency, its programs, and its services and their compliance with statutory authority and recommendations for eliminating or changing those roles and functions and ensuring compliance with statutory authority;

      (vi) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to ensure that the agency carry out reasonably and properly those functions vested in the agency by statute;

      (vii) Verification of the reliability and validity of agency performance data, self-assessments, and performance measurement systems as required under RCW 43.88.090;

      (viii) Identification of potential cost savings in the state agency, its programs, and its services;

      (ix) Identification and recognition of best practices;

      (x) Evaluation of planning, budgeting, and program evaluation policies and practices;

      (xi) Evaluation of personnel systems operation and management;

      (xii) Evaluation of state purchasing operations and management policies and practices; and

      (xiii) Evaluation of organizational structure and staffing levels, particularly in terms of the ratio of managers and supervisors to nonmanagement personnel.


      (h) The state auditor must solicit comments on preliminary performance audit reports from the audited state agency, the office of the governor, the office of financial management, the board, the chairs and ranking members of appropriate legislative committees, and the joint legislative audit and review committee for comment. Comments must be received within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the state auditor. All comments shall be incorporated into the final performance audit report. The final performance audit report shall include the objectives, scope, and methodology; the audit results, including findings and recommendations; conclusions; and identification of best practices.

      (i) The board and the state auditor shall jointly release final performance audit reports to the governor, the citizens of Washington, the joint legislative audit and review committee, and the appropriate standing legislative committees. Final performance audit reports shall be posted on the internet.

      (j) For institutions of higher education, performance audits shall not duplicate, and where applicable, shall make maximum use of existing audit records, accreditation reviews, and performance measures required by the office of financial management, the higher education coordinating board, and nationally or regionally recognized accreditation organizations including accreditation of hospitals licensed under chapter 70.41 RCW and ambulatory care facilities.

      (2) The citizen board created under RCW 44.75.030 shall be responsible for performance audits for transportation related agencies as defined under RCW 44.75.020.

      NEW SECTION. Sec. 6. A new section is added to chapter 43.09 RCW to read as follows:

      If the legislative authority of a local jurisdiction requests a performance audit of programs under its jurisdiction, the state auditor has the discretion to conduct such a review under separate contract and funded by local funds.

      NEW SECTION. Sec. 7. A new section is added to chapter 43.88 RCW to read as follows:

      In addition to the authority given the state auditor in RCW 43.88.160(6), the state auditor is authorized to contract for and oversee performance audits pursuant to section 5 of this act.

      NEW SECTION. Sec. 8. A new section is added to chapter 43.09 RCW to read as follows:

      By June 30, 2007, and each four years thereafter, the joint legislative audit and review committee shall contract with a private entity for a performance audit of the performance audit program established in section 5 of this act and the board's responsibilities under the performance audit program.

      NEW SECTION. Sec. 9. A new section is added to chapter 43.09 RCW to read as follows:

      The audited agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency's plan for addressing each audit finding and recommendation shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan shall include an explanation and specific reasons.

      For agencies under the authority of the governor, the governor may require periodic progress reports from the audited agency until all resolution has occurred.

      For agencies under the authority of an elected official other than the governor, the appropriate elected official may require periodic reports of the action taken by the audited agency until all resolution has occurred.

      The board may request status reports on specific audits or findings.

      NEW SECTION. Sec. 10. A new section is added to chapter 2.56 RCW to read as follows:

      The office of the administrator for the courts is encouraged to conduct performance audits of courts under the authority of the supreme court, in conformity with criteria and methods developed by the board for judicial administration that have been approved by the supreme court. In developing criteria and methods for conducting performance audits, the board for judicial administration is encouraged to consider quality improvement programs, audits, and scoring. The judicial branch is encouraged to submit the results of these efforts to the chief justice of the supreme court or his or her designee, and with any other applicable boards or committees established under the authority of the supreme court to oversee government accountability.

      NEW SECTION. Sec. 11. A new section is added to chapter 43.09 RCW to read as follows:

      (1) Each biennium the legislature shall appropriate such sums as may be necessary, not to exceed an amount equal to two one-hundredths of one percent of the total general fund state appropriation in that biennium's omnibus operating appropriations act for purposes of the performance review, performance audits, and activities of the board authorized by this chapter.

      (2) The board and the state auditor shall submit recommended budgets for their responsibilities under sections 2 through 6, 8, and 9 of this act to the auditor, who shall then prepare a consolidated budget request, in the form of request legislation, to assist in determining the funding under subsection (1) of this section."

      Senator Kastama spoke in favor of adoption of the committee striking amendment.

 

MOTION


Senator Roach moved that the following amendment by Senator Roach to the committee striking amendment be adopted.

      On page 1, beginning on line 10 of the amendment, strike all of subsections (3), (4), and (5) and insert "and

      (3) Fair, independent, professional performance audits of state agencies by the state auditor are essential to improving the efficiency and effectiveness of government."

      Beginning on page 1, line 19 of the amendment, strike all of sections 2 and 3 and insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 43.09 RCW to read as follows:

      For purposes of sections 3 through 6 of this act:

      (1) "Board" means the citizen accountability advisory board created in section 4 of this act.

      (2) "Performance audit" means an objective and systematic assessment of a state agency or agencies or any of their programs, functions, or activities by an independent auditor in order to help improve agency efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.

      (3) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. "State agency" includes all elective offices in the executive branch state government. This includes state agencies and programs as well as those programs and activities that cross agency lines.

      NEW SECTION. Sec. 3. A new section is added to chapter 43.09 RCW to read as follows:

      The state auditor may conduct performance audits under the provisions of sections 1 through 7, 9, and 10 of this act. The state auditor may contract for performance audits as he or she may determine.

      NEW SECTION. Sec. 4. A new section is added to chapter 43.09 RCW to read as follows:

      (1) A citizen accountability advisory board is created to provide advice to the state auditor on performance audits of state government.

      (2) The board shall consist of eight members as follows:

      (a) One member shall be selected by the state auditor;

      (b) One member shall be selected by the chair of the joint legislative audit and review committee;

      (c) One member shall be selected by the director of the office of financial management;

      (d) Four of the members shall be selected by the governor as follows: Each major caucus of the house of representatives and the senate shall submit a list of three names. The lists may not include the names of members of the legislature. The governor shall select a person from each list provided by each caucus; and

      (e) One member shall be selected by the governor.

      (3) The board shall elect a chair.

      (4) Appointees shall be individuals who have a basic understanding of state government operations with knowledge and expertise in performance management, quality management, strategic planning, performance assessments, or closely related fields.

      (5) Members shall serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. However, in the case of the initial members, two members shall serve four-year terms, two members shall serve three-year terms, and one member shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may be reappointed to serve more than one term.

      (6) The state auditor's office shall provide staff assistance to the board.

      (7) The board shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the board. Meetings are subject to chapter 42.30 RCW.

      (8) The members of the board shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060."

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

      On page 3, line 30 of the amendment, after "an" insert "annual"

      On page 3, line 31 of the amendment, after "conducting" insert "annual"

      On page 4, at the beginning of line 4 of the amendment, after "employees" strike "including front-line employees"

      On page 4, line 11 of the amendment, after "partner" strike "those"

      On page 4, beginning on line 12 of the amendment, after "in" strike all material through "criteria" on line 13, and insert "public sector reviews"

      On page 4, line 20 of the amendment, after "of the" insert "annual"

      Beginning on page 4, line 22 of the amendment, strike all of sections 5 through 11 and insert the following:

      "NEW SECTION. Sec. 5. A new section is added to chapter 43.09 RCW to read as follows:

      (1) The state auditor shall establish criteria and protocols for performance audits. Agencies shall be audited using criteria that include generally accepted government auditing standards as well as legislative mandates and performance objectives established by state agencies. Mandates include, but are not limited to, agency strategies, timelines, program objectives, and mission and goals as required in RCW 43.88.090.

      (2) Using the criteria developed in subsection (1) of this section, the state auditor shall complete a statewide performance review as a preliminary to a work plan for conducting performance audits. The state auditor shall develop a schedule and common methodology for conducting these performance audits.

      (3) In developing the work plan, the state auditor shall consider input from the board, citizens, state employees, state managers, the joint legislative audit and review committee, public officials, and others. The work plan may include a list of agencies, programs, or systems to be audited on a timeline decided by the state auditor based on a number of factors including risk, importance, and citizen concerns. All audits shall be designed to be completed within a six-month period.

      (4) Before adopting the final work plan, the state auditor shall consult with the legislative auditor and other appropriate oversight and audit entities to coordinate work plans and avoid duplication of effort in their planned performance audits of state government. The state auditor shall defer to the joint legislative audit and review committee work plan if a similar audit is included on both work plans for auditing.

      (5) In conducting the audits, agency front-line employees and internal auditors should be involved. The audits may include:

      (a) Identification of programs and services that can be eliminated, reduced, consolidated, or enhanced;

      (b) Identification of funding sources to the state agency, to programs, and to services that can be eliminated, reduced, consolidated, or enhanced;

      (c) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;

      (d) Analysis and recommendations for pooling information technology systems used within the state agency, and evaluation of information processing and telecommunications policy, organization, and management;

      (e) Analysis of the roles and functions of the state agency, its programs, and its services and their compliance with statutory authority and recommendations for eliminating or changing those roles and functions and ensuring compliance with statutory authority;

      (f) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to ensure that the agency carry out reasonably and properly those functions vested in the agency by statute;

      (g) Verification of the reliability and validity of agency performance data, self-assessments, and performance measurement systems as required under RCW 43.88.090;

      (h) Identification of potential cost savings in the state agency, its programs, and its services;

      (i) Identification and recognition of best practices;

      (j) Evaluation of planning, budgeting, and program evaluation policies and practices;

      (k) Evaluation of personnel systems operation and management;

      (l) Evaluation of state purchasing operations and management policies and practices; and

      (m) Evaluation of organizational structure and staffing levels, particularly in terms of the ratio of managers and supervisors to nonmanagement personnel.

      (6) The state auditor's performance audit work plan shall be updated at least annually.

      (7) The state auditor must provide the preliminary performance audit reports to the audited state agency for comment. The auditor also may seek input on the preliminary report from other appropriate officials. Comments must be received within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the state auditor. The final performance audit report shall include the objectives, scope, and methodology; the audit results, including findings and recommendations; the agency's response and conclusions; and identification of best practices.

      (8) The state auditor shall provide final performance audit reports to the citizens of Washington, the governor, the board, the joint legislative audit and review committee, the appropriate legislative committees, and other appropriate officials. Final performance audit reports shall be posted on the internet.

      (9) The state auditor may conduct performance audits for transportation-related agencies as defined under RCW 44.75.020.

      NEW SECTION. Sec. 6. A new section is added to chapter 43.09 RCW to read as follows:

      The audited agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency's plan for addressing each audit finding and recommendation shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan shall include an explanation and specific reasons.

      The office of financial management shall require periodic progress reports from the audited agency until all resolution has occurred. The office of financial management is responsible for achieving audit resolution. The office of financial management shall annually report by December 31st the status of performance audit resolution to the appropriate legislative committees and the state auditor. The legislature shall consider the performance audit results in connection with the state budget process.

      The auditor may request status reports on specific audits or findings.

      Sec. 7. RCW 43.88.160 and 2002 c 260 s 1 are each amended to read as follows:

      This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

      (1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

      (2) Except as provided in chapter 43.88C RCW, the director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

      (3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

      (4) In addition, the director of financial management, as agent of the governor, shall:

      (a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

      Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

      (b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

      (c) Establish policies for allowing the contracting of child care services;

      (d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

      (e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter the plans, except that for the following agencies no amendment or alteration of the plans may be made without the approval of the agency concerned: Agencies headed by elective officials;


      (f) Fix the number and classes of positions or authorized employee years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix the number or the classes for the following: Agencies headed by elective officials;

      (g) Adopt rules to effectuate provisions contained in (a) through (f) of this subsection.

      (5) The treasurer shall:

      (a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

      (b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

      (c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

      (d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

      (e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

      It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than equipment maintenance providers or as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than twelve months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

      (6) The state auditor shall:

      (a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

      (b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

      (c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. ((The state auditor is authorized to perform or participate in performance verifications and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.))

      (d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken within six months, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110. The director of financial management shall annually report by December 31st the status of audit resolution to the appropriate committees of the legislature, the state auditor, and the attorney general. The director of financial management shall include in the audit resolution report actions taken as a result of an audit including, but not limited to, types of personnel actions, costs and types of litigation, and value of recouped goods or services.

      (e) Promptly report any irregularities to the attorney general.

      (f) Investigate improper governmental activity under chapter 42.40 RCW.

      (7) The joint legislative audit and review committee may:

      (a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in chapter 44.28 RCW as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

      (b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

      (c) Make a report to the legislature which shall include at least the following:

      (i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

      (ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management.

      NEW SECTION. Sec. 8. A new section is added to chapter 43.09 RCW to read as follows:

      Each biennium the legislature shall appropriate an amount equal to two one-hundredths of one percent of the total general fund state appropriation in that biennium's omnibus operating appropriations act for purposes of the performance audits conducted by the state auditor as authorized by sections 2 through 6 and 9 of this act.

      NEW SECTION. Sec. 9. A new section is added to chapter 43.09 RCW to read as follows:

      If the legislative authority of a local jurisdiction requests a performance audit of programs under its jurisdiction, the state auditor has the discretion to conduct such a review under separate contract and funded by local funds.

      NEW SECTION. Sec. 10. A new section is added to chapter 2.56 RCW to read as follows:

      The office of the administrator for the courts is encouraged to conduct performance audits of courts under the authority of the supreme court, in conformity with criteria and methods developed by the board for judicial administration that have been approved by the supreme court. In developing criteria and methods for conducting performance audits, the board for judicial administration is encouraged to consider quality improvement programs, audits, and scoring. The judicial branch is encouraged to submit the results of these efforts to the chief justice of the supreme court or his or her designee, and with any other applicable boards or committees established under the authority of the supreme court to oversee government accountability."

      On page 9, line 15 of the title amendment, before "adding" insert "amending RCW 43.88.160;"

      On page 9, at the beginning of line 16 of the title amendment, after "RCW;" strike "adding a new section to chapter 43.88 RCW;"

      On page 9, line 17 of the title amendment, after "creating" strike "new sections" and insert "a new section"

      Senators Roach and Finkbeiner spoke in favor of adoption of the amendment to the committee striking amendment.

      Senators Kastama, Regala and Rockefeller spoke against adoption of the amendment to the committee striking amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 1, line 10 to the committee striking amendment to Engrossed Substitute House Bill No. 1064.

 

ROLL CALL

 

      The Secretary called the roll on the adoption of the amendment by Senator Roach to the committee striking amendment and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 24

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

 

MOTION


Senator Finkbeiner moved that the following amendment by Senators Finkbeiner and Roach to the committee striking amendment be adopted.

      On page 1, line 25, after "by the" strike "board and"

      On page 1, line 28, strike "jointly released by the citizen advisory board and" and insert "released by"

      On page 2, line 4, after "by the" strike "board and"

      On page 4, beginning on line 24, strike all of subsection (1) and insert:

"(1) The state auditor may conduct performance audits under the provisions of this act. The state auditor may contract for performance audits as he or she may determine."

      On page 4, line 27, after "The", strike "board" and insert "state auditor"

      On page 5, line 1, after "The" strike "board and the"

      On page 5, line 8 after "The" strike "board and the"

      On page 5, line 20, after "plan, the", strike "board" and insert "state auditor"

      On page 5, at the beginning of line 24, strike "board" and insert "state auditor"

      On page 7, line 4, after "The" strike "board and the state auditor shall jointly", and insert "state auditor shall"

      On page 7, beginning on line 16, strike all material through "RCW 44.75.020" on line 18.

      On page 7, beginning on line 30, strike all of section 8.

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Finkbeiner, Benton and Roach spoke in favor of adoption of the amendment to the committee striking amendment.

      Senators Kastama and Regala spoke against adoption of the amendment to the committee striking amendment.

      Senator Esser demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner and Roach on page 1, line 25 to the committee striking amendment to Engrossed Substitute House Bill No. 1064.

 

ROLL CALL


      The Secretary called the roll on the adoption of the amendment by Senators Finkbeiner and Roach to the committee striking amendment and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 24

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 1064.

      The motion by Senator Kastama carried and the committee striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 2 of the title, after "accountability;" strike the remainder of the title and insert "adding new sections to chapter 43.09 RCW; adding a new section to chapter 43.88 RCW; adding a new section to chapter 2.56 RCW; and creating new sections."


MOTION


      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute House Bill No. 1064, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kastama spoke in favor of passage of the bill.

      Senators Roach and Benton spoke against passage of the bill.


POINT OF ORDER

 

Senator Eide: “I believe a roll call was already called and the good Senator had already voted. I heard him vote.”

 

REPLY BY THE PRESIDENT


President Owen: “No, he had not voted as far as I know. I had called for the roll call and I checked to find out if the name had even been completed. Well, the President didn’t hear him. Otherwise, your point would have been very well taken.”

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1064, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1064, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Doumit, Eide, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schoesler, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 30

      Voting nay: Senators Benton, Carrell, Deccio, Delvin, Esser, Fairley, Finkbeiner, Haugen, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Sheldon and Stevens - 19

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1064, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1542, by House Committee on Appropriations (originally sponsored by Representatives Lantz, Hinkle, Appleton, Rodne, Lovick, Newhouse, Buri, Darneille, Williams, McDermott, Clibborn, Schual-Berke, O'Brien, McIntire, Kagi, Hasegawa, Dickerson, Green, Kenney and Kilmer)

 

      Providing indigent defense services.


      The measure was read the second time.


MOTION


      On motion of Senator Kline, the rules were suspended, Second Substitute House Bill No. 1542 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline and Johnson spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1542.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1542 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 42

      Voting nay: Senators Carrell, Hewitt, Honeyford, McCaslin, Morton and Schoesler - 6

      Absent: Senator Brown - 1

      SECOND SUBSTITUTE HOUSE BILL NO. 1542, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


On motion of Senator Regala, Senator Brown was excused.

 

SECOND READING

 

      ENGROSSED HOUSE BILL NO. 1561, by Representatives Appleton, Roach, Santos, Kirby, Schual-Berke, Condotta, Williams and Chase

 

      Prohibiting discrimination in life insurance based on lawful travel destinations.


      The measure was read the second time.


MOTION

 

      Senator Fairley moved that the following committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.


      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 48.18 RCW to read as follows:

      (1) No life insurer may deny or refuse to accept an application for insurance, or refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a policy of insurance, or charge a different rate for the same coverage, based upon the applicant's or insured person's past or future lawful travel destinations.

      (2) Nothing in this section prohibits a life insurer from excluding or limiting coverage of specific lawful travel, or charging a differential rate for such coverage, when bona fide statistical differences in risk or exposure have been substantiated."

      Senator Fairley spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection to Engrossed House Bill No. 1561.

      The motion by Senator Fairley carried and the committee striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 2 of the title, after "destinations;" strike the remainder of the title and insert "and adding a new section to chapter 48.18 RCW."


MOTION


      On motion of Senator Fairley, the rules were suspended, Engrossed House Bill No. 1561, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Fairley and Benton spoke in favor of passage of the bill.


MOTION


      On motion of Senator Mulliken, Senator Finkbeiner was excused.


      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1561, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 1561, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      ENGROSSED HOUSE BILL NO. 1561, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


      On motion of Senator Honeyford, Senator Esser was excused.


SECOND READING

 

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1888, by House Committee on Appropriations (originally sponsored by Representatives Nixon, Morris, Hunter, B. Sullivan, Simpson, Ormsby, Morrell, Haler, Clibborn, Ericks, Williams, Darneille, Dunn, Dickerson, P. Sullivan, Green and Hudgins)

 

      Regulating electronic mail fraud. Revised for 2nd Substitute: Regulating internet fraud.


      The measure was read the second time.


MOTION

 

      Senator Fairley moved that the following committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 19.190.010 and 2003 c 137 s 2 are each amended to read as follows:

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

      (1) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message or a commercial electronic text message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message or the commercial electronic text message is engaged, or intends to engage, in any practice that violates the consumer protection act. "Assist the transmission" does not include any of the following: (a) Activities of an electronic mail service provider or other entity who provides intermediary transmission service in sending or receiving electronic mail, or provides to users of electronic mail services the ability to send, receive, or compose electronic mail; or (b) activities of any entity related to the design, manufacture, or distribution of any technology, product, or component that has a commercially significant use other than to violate or circumvent this section.

      (2) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement.

      (3) "Commercial electronic text message" means an electronic text message sent to promote real property, goods, or services for sale or lease.

      (4) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.

      (5) "Electronic mail message" means an electronic message sent to an electronic mail address and a reference to an internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered.

      (6) "Electronic text message" means a text message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message.

      (((6))) (7) "Initiate the transmission" refers to the action by the original sender of an electronic mail message or an electronic text message, not to the action by any intervening interactive computer service or wireless network that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.

      (((7))) (8) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

      (((8))) (9) "Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected world wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.

      (10) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.

      (((9))) (11) "Person" means ((a person, corporation, partnership, or association)) an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity.

      (12) "Personally identifying information" means an individual's: (a) Social security number; (b) driver's license number; (c) bank account number; (d) credit or debit card number; (e) personal identification number; (f) automated or electronic signature; (g) unique biometric data; (h) account passwords; or (i) any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.

      (13) "Web page" means a location, with respect to the world wide web, that has a single uniform resource locator or other single location with respect to the internet.

      NEW SECTION. Sec. 2. A new section is added to chapter 19.190 RCW to read as follows:

      It is a violation of this chapter to solicit, request, or take any action to induce a person to provide personally identifying information by means of a web page, electronic mail message, or otherwise using the internet by representing oneself, either directly or by implication, to be another person, without the authority or approval of such other person.

      NEW SECTION. Sec. 3. A new section is added to chapter 19.190 RCW to read as follows:

      (1) A person who is injured under this chapter may bring a civil action in the superior court to enjoin further violations, and to seek up to five hundred dollars per violation, or actual damages, whichever is greater. A person who seeks damages under this subsection may only bring an action against a person or entity that directly violates section 2 of this act.

      (2) A person engaged in the business of providing internet access service to the public, an owner of a web page, or trademark owner who is adversely affected by reason of a violation of section 2 of this act, may bring an action against a person who violates section 2 of this act to:

      (a) Enjoin further violations of section 2 of this act; and

      (b) Recover the greater of actual damages or five thousand dollars per violation of section 2 of this act.

      (3) In an action under subsection (2) of this section, a court may increase the damages up to three times the damages allowed by subsection (2) of this section if the defendant has engaged in a pattern and practice of violating this section. The court may award costs and reasonable attorneys' fees to a prevailing party.

      NEW SECTION. Sec. 4. A new section is added to chapter 19.190 RCW to read as follows:

      The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

      NEW SECTION. Sec. 5. A new section is added to chapter 19.190 RCW to read as follows:

      It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the practices covered by this chapter and notices to consumers from computer software providers regarding information collection.

      NEW SECTION. Sec. 6. 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."

      Senator Fairley spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection to Engrossed Second Substitute House Bill No. 1888.

      The motion by Senator Fairley carried and the committee striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 1 of the title, after "fraud;" strike the remainder of the title and insert "amending RCW 19.190.010; adding new sections to chapter 19.190 RCW; and prescribing penalties."

 

MOTION


      On motion of Senator Fairley, the rules were suspended, Engrossed Second Substitute House Bill No. 1888, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Fairley and McCaslin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1888, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1888, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1888, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1605, by House Committee on Appropriations (originally sponsored by Representatives Upthegrove, Dickerson, Schual-Berke, Cody, McDermott, Hunter, B. Sullivan, Simpson, Morrell, Murray, Chase, Roberts, Kenney and Santos)

 

      Protecting children from area-wide soil contamination.


      The measure was read the second time.


MOTION

 

      Senator Poulsen moved that the following committee striking amendment by the Committee on Water, Energy & Environment be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that state and local agencies are currently implementing actions to reduce children's exposure to soils that contain hazardous substances. The legislature further finds that it is in the public interest to enhance those efforts in western Washington in areas located within the central Puget Sound smelter plume.

      NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Area-wide soil contamination" means low to moderate arsenic and lead soil contamination dispersed over a large geographic area.

      (2) "Child care facility" means a child day-care center or a family day-care provider as those terms are defined under RCW 74.15.020.

      (3) "Department" means the department of ecology.

      (4) "Director" means the director of the department of ecology.

      (5) "Low to moderate soil contamination" means low level arsenic or lead concentrations where a child's exposure to soil contamination at a school or a child care facility may be reduced through best management practices.

      (6) "School" means a public or private kindergarten, elementary, or secondary school.

      NEW SECTION. Sec. 3. (1) The department, in cooperation with the department of social and health services, the department of health, the office of the superintendent of public instruction, and local health districts, shall assist schools and child care facilities west of the crest of the Cascade mountains to reduce the potential for children's exposure to area-wide soil contamination.

      (2) The department shall:

      (a) Identify schools and child care facilities that are located within the central Puget Sound smelter plume based on available information;

      (b) Conduct qualitative evaluations to determine the potential for children's exposure to area-wide soil contamination;

      (c) If the qualitative evaluation determines that children may be routinely exposed to area-wide soil contamination at a property, conduct soil samples at that property by December 31, 2009; and

      (d) If soil sample results confirm the presence of area-wide soil contamination, notify schools and child care facilities regarding the test results and the steps necessary for implementing best management practices.

      (3) If a school or a child care facility with area-wide soil contamination does not implement best management practices within six months of receiving written notification from the department, the superintendent or board of directors of a school or the owner or operator of a child care facility must notify parents and guardians in writing of the results of soil tests. The written notice shall be prepared by the department.

      (4) The department shall recognize schools and child care facilities that successfully implement best management practices with a voluntary certification letter confirming that the facility has successfully implemented best management practices.

      (5) Schools and child care facilities must work with the department to provide the department with site access for soil sampling at times that are the most convenient for all parties.

      NEW SECTION. Sec. 4. (1) The department shall assist schools and owners and operators of child care facilities located within the central Puget Sound smelter plume. Such assistance may include the following:

      (a) Technical assistance in conducting qualitative evaluations to determine where area-wide soil contamination exposures could occur;

      (b) Technical and financial assistance in testing soils where evaluations indicate potential for contamination; and

      (c) Technical and financial assistance to implement best management practices.

      (2) The department shall develop best management practice guidelines for schools and day care facilities with area-wide soil contamination. The guidelines shall recommend a range of methods for reducing exposure to contaminated soil, considering the concentration, extent, and location of contamination and the nature and frequency of child use of the area.

      (3) The department shall develop a grant program to assist schools and child care facilities with implementing best management practices.

      (4) The department, within available funds, may provide grants to schools and child care facilities for the purpose of implementing best management practices.

      (5) The department, within available funds, may provide financial assistance to the department of health and the department of social and health services to implement this chapter.

      (6) The department may, through an interagency agreement, authorize a local health jurisdiction to administer any activity in this chapter that is otherwise not assigned to a local health jurisdiction by this chapter.

      (7) The department shall evaluate actions to reduce child exposure to contaminated soils and submit progress reports to the governor and to the appropriate committees of the legislature by December 31, 2006, and December 31, 2008.

      NEW SECTION. Sec. 5. The department of health shall assist the department in implementing this chapter, including but not limited to developing best management practices and guidelines.

      NEW SECTION. Sec. 6. The department of social and health services shall assist the department by providing information on the location of child care facilities and contacts for these facilities.

      NEW SECTION. Sec. 7. This chapter does not apply to land devoted primarily to the commercial production of livestock or agricultural commodities.


      NEW SECTION. Sec. 8. Nothing in this chapter is intended to change ongoing actions or the authority of the department or other agencies to require actions to address soil contamination under existing laws.

      NEW SECTION. Sec. 9. Sections 1 through 8 of this act constitute a new chapter in Title 70 RCW.

      NEW SECTION. Sec. 10. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void."

      Senator Poulsen spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Water, Energy & Environment to Engrossed Second Substitute House Bill No. 1605.

      The motion by Senator Poulsen carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

      On page 1, line 2 of the title, after "contamination;" strike the remainder of the title and insert "adding a new chapter to Title 70 RCW; and creating a new section."

 

MOTION


      On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Second Substitute House Bill No. 1605, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1605, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1605, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1605, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1591, by House Committee on Health Care (originally sponsored by Representatives Schual-Berke, Hinkle, Cody, Skinner and Moeller)

 

      Concerning assisted care facilities.


      The measure was read the second time.


MOTION

 

      Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 18.20 RCW to read as follows:

      The department of health, the department, and the building code council shall develop standards for small boarding homes between seven and sixteen beds that address at least the following issues:

      (1) Domestic food refrigeration and freezer storage;

      (2) Sinks and sink placement;

      (3) Dishwashers;

      (4) Use of heat supplements for water temperature in clothes washers;

      (5) Yard shrubbery;

      (6) Number of janitorial rooms in a facility;

      (7) Number and cross-purpose of dirty rooms;

      (8) Instant hot water faucets;

      (9) Medication refrigeration; and

      (10) Walled and gated facilities.

      Based on the standards developed under this section, the department of health and the building code council shall study the risks and benefits of modifying and simplifying construction and equipment standards for boarding homes with a capacity of seven to sixteen persons. The study shall include coordination with the department. The department of health shall report its findings and recommendations to appropriate committees of the legislature no later than December 1, 2005.

      NEW SECTION. Sec. 2. The department of health and the department of social and health services may adopt rules to implement section 1 of this act.

      Sec. 3. RCW 70.128.010 and 2001 c 319 s 6 and 2001 c 319 s 2 are each reenacted and amended to read as follows:

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

      (1) "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

      (2) "Special capacity adult family home" means an adult family home licensed to provide services to seven or eight residents.

      (3) "Provider" means any person who is licensed under this chapter to operate an adult family home. For the purposes of this section, "person" means any individual, partnership, corporation, association, or limited liability company. A provider, in an adult family home licensed for seven or eight residents, means a person with one year of administration experience, in the state of Washington, in any long-term licensed care setting.

      (((3))) (4) "Department" means the department of social and health services.

      (((4))) (5) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.

      (((5))) (6) "Adults" means persons who have attained the age of eighteen years.

      (((6))) (7) "Home" means an adult family home.


      (((7))) (8) "Imminent danger" means serious physical harm to or death of a resident has occurred, or there is a serious threat to resident life, health, or safety.

      (((8))) (9) "Special care" means care beyond personal care as defined by the department, in rule.

      (((9))) (10) "Capacity" means the maximum number of persons in need of personal or special care permitted in an adult family home at a given time. This number shall include related children or adults in the home and who received special care.

      (((10))) (11) "Resident manager" means a person employed or designated by the provider to manage the adult family home.

      NEW SECTION. Sec. 4. A new section is added to chapter 70.128 RCW to read as follows:

      The department may license an adult family home to be a special capacity adult family home. The department shall, at a minimum, consider the prior compliance history of the licensee, the experience of the licensee, the adequacy of the physical space in the home, and the number, qualification, and training of readily available staff to meet the needs of residents when determining whether to grant the license. The department shall develop rules pertaining to the licensing of special capacity adult family homes to include requirements related to licensing and the health and safety of residents.

      NEW SECTION. Sec. 5. A new section is added to chapter 70.128 RCW to read as follows:

      (1) All adult family homes licensed for seven or eight residents shall install smoke detectors. Smoke detectors must be installed in each sleeping room and installed at a central point in a corridor or area which gives access to each separate sleeping room. All smoke detectors located inside adult family homes, licensed for seven or eight residents, shall be interconnected so as to sound an alarm from all smoke detectors located in the home when any one detector is activated.

      (2) Adult family homes licensed for seven or eight residents shall have their interconnected smoke detectors monitored by a central monitoring company and the adult family home provider shall maintain the central monitoring service so long as the home is licensed as an adult family home.

      (3) Adult family homes licensed for seven or eight residents shall install a residential automatic fire sprinkler system. Installation and maintenance shall be in accordance with standards specified in the state building code. The state building code council shall adopt rules to implement the requirements of this subsection (3). The automatic fire sprinkler system shall be inspected on an annual basis by a state certified automatic sprinkler system inspection and testing technician.

      NEW SECTION. Sec. 6. A new section is added to chapter 70.128 RCW to read as follows:

      The department shall implement, as part of the required training and continuing education, food safety training and testing integrated into the curriculum that meets the standards established by the state board of health pursuant to chapter 69.06 RCW. Individual food handler permits are not required for persons who begin working in an adult family home after June 30, 2005, and successfully complete the basic and modified-basic caregiver training, provided they receive information or training regarding safe food handling practices from the employer prior to providing food handling or service for the clients. Documentation that the information or training has been provided to the individual must be kept on file by the employer.

      Licensed adult family home providers or employees who hold individual food handler permits prior to June 30, 2005, will be required to maintain continuing education of .5 hours per year in order to maintain food handling and safety training. Licensed adult family home providers or employees who hold individual food handler permits prior to June 30, 2005, will not be required to renew the permit provided the continuing education requirement as stated above is met.

      NEW SECTION. Sec. 7. A new section is added to chapter 69.06 RCW to read as follows:

      Except for the food safety training standards adopted by the state board of health under RCW 69.06.010, the provisions of this chapter do not apply to persons who work in adult family homes and successfully complete training and continuing education as required by section 6 of this act."

      Senators Keiser and Deccio spoke in favor of adoption of the committee striking amendment.

 

MOTION

 

On motion of Senator Regala, Senator Rockefeller was excused.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health & Long-Term Care to Substitute House Bill No. 1591.

      The motion by Senator Keiser carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

      On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "reenacting and amending RCW 70.128.010; adding a new section to chapter 18.20 RCW; adding new sections to chapter 70.128 RCW; adding a new section to chapter 69.06 RCW; and creating a new section."

 

MOTION


      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1591, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Deccio spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1591, as amended by the Senate.


MOTION


On motion of Senator Regala, Senator Franklin was excused.

 

ROLL CALL



      The Secretary called the roll on the final passage of Substitute House Bill No. 1591, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senator Brown - 1

      Excused: Senators Franklin and Rockefeller - 2


      SUBSTITUTE HOUSE BILL NO. 1591, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1631, by House Committee on Local Government (originally sponsored by Representatives Clibborn, Fromhold, Moeller, Wallace and Jarrett)

 

      Using revenues under the county conservation futures levy.


      The measure was read the second time.


MOTION

 

      Senator Jacobsen moved that the following committee striking amendment by the Committee on Natural Resources, Ocean & Recreation not be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 84.34.230 and 1995 c 318 s 8 are each amended to read as follows:

      Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties are encouraged to use some conservation futures as one tool for salmon preservation purposes.

      For the purpose of acquiring conservation futures ((as well as)) and other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, and for maintaining and operating any property acquired with these funds, a county may levy an amount not to exceed ((six and one- quarter)) ten cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county. The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. Any rights or interests in real property acquired under this section after the effective date of this section must be located within the assessing county.

      Sec. 2. RCW 84.34.240 and 1971 ex.s. c 243 s 5 are each amended to read as follows:

      Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties are encouraged to use some conservation futures as one tool for salmon preservation purposes.

      (1) Any board of county commissioners may establish by resolution a special fund which may be termed a conservation futures fund to which it may credit all taxes levied pursuant to RCW 84.34.230. Amounts placed in this fund may be used ((solely)) for the purpose of acquiring rights and interests in real property pursuant to the terms of RCW 84.34.210 and 84.34.220, and for the maintenance and operation of any property acquired with these funds. The amount of revenue used for maintenance and operations of parks and recreational land may not exceed fifteen percent of the total amount collected from the tax levied under RCW 84.34.230 in the preceding calendar year. Revenues from this tax may not be used to supplant existing maintenance and operation funding. Any rights or interests in real property acquired under this section must be located within the assessing county.

      (2) In counties greater than one hundred thousand in population, the board of county commissioners or county legislative authority shall develop a process to help ensure distribution of the tax levied under RCW 84.34.230, over time, throughout the county.

      (3)(a) Between the effective date of this section and July 1, 2008, the county legislative authority of a county with a population density of fewer than four persons per square mile may enact an ordinance offering a ballot proposal to the people of the county to determine whether or not the county legislative authority may make a one-time emergency reallocation of unspent conservation futures funds to pay for other county government purposes, where such conservation futures funds were originally levied under RCW 84.34.230 but never spent to acquire rights and interests in real property.

      (b) Upon adoption by the county legislative authority of a ballot proposal ordinance under (a) of this subsection the county auditor shall: (i) Confer with the county legislative authority and review any proposal to the people as to form and style; (ii) give the ballot proposal a number, which thereafter shall be the identifying number for the proposal; (iii) transmit a copy of the proposal to the prosecuting attorney; and (iv) submit the proposal to the people at the next general or special election that is not less than ninety days after the adoption of the ordinance by the county legislative authority.

      (c) The county prosecuting attorney shall within fifteen working days of receipt of the proposal compose a concise statement, posed as a positive question, not to exceed twenty-five words, which shall express and give a true and impartial statement of the proposal. Such concise statement shall be the ballot title.

      (d) If the measure is affirmed by a majority voting on the issue it shall become effective ten days after the results of the election are certified.

      (4) Nothing in this section shall be construed as limiting in any manner methods and funds otherwise available to a county for financing the acquisition of such rights and interests in real property.

      Sec. 3. RCW 84.52.010 and 2004 c 129 s 21 and 2004 c 80 s 3 are each reenacted and amended to read as follows:

      Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

      The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

      When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

      (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.135, 36.54.130, 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows:

      (a) If the consolidated tax levy rate exceeds these limitations, any portion of the levy imposed under RCW 84.34.230 that is in excess of six and one-quarter cents per thousand dollars of assessed valuation shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated prior to any other levy authorized under RCW 84.34.230;


      (b) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a county under RCW 84.52.135 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;

      (((b))) (c) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the levy imposed by a ferry district under RCW 36.54.130 must be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or must be eliminated;

      (((c))) (d) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, the portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated;

      (((d))) (e) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and

      (((e))) (f) If the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

      (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

      (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

      (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

      (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, regional fire protection service authorities, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

      (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata basis or eliminated;

      (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to regional fire protection service authorities under RCW 52.26.140(1) (b) and (c) and fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

      (f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for regional fire protection service authorities under RCW 52.26.140(1)(a), fire protection districts under RCW 52.16.130, library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated."

      On page 1, line 2 of the title, after "levy;" strike the remainder of the title and insert "amending RCW 84.34.230 and 84.34.240; and reenacting and amending RCW 84.52.010."

      The President declared the question before the Senate to be the motion by Senator Jacobsen to not adopt the committee striking amendment by the Committee on Natural Resources, Ocean & Recreation to Engrossed Substitute House Bill No. 1631 and the motion carried by voice vote.

 

MOTION

 

      Senator Zarelli moved that the following striking amendment by Senators Zarelli and Jacobsen be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 84.34.230 and 1995 c 318 s 8 are each amended to read as follows:

      Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties are encouraged to use some conservation futures as one tool for salmon preservation purposes.

      For the purpose of acquiring conservation futures ((as well as)) and other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, and for maintaining and operating any property acquired with these funds, a county may levy an amount not to exceed six and one-quarter cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county. The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. Any rights or interests in real property acquired under this section after the effective date of this section must be located within the assessing county. Further, the county must determine if the rights or interests in real property acquired with these funds would reduce the capacity of land suitable for development necessary to accommodate the allocated housing and employment growth, as adopted in the countywide planning policies. When actions are taken that reduce capacity to accommodate planned growth, the jurisdiction shall adopt reasonable measures to increase the capacity lost by such actions.

      Sec. 2. RCW 84.34.240 and 1971 ex.s. c 243 s 5 are each amended to read as follows:

      Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties are encouraged to use some conservation futures as one tool for salmon preservation purposes.

      (1) Any board of county commissioners may establish by resolution a special fund which may be termed a conservation futures fund to which it may credit all taxes levied pursuant to RCW 84.34.230. Amounts placed in this fund may be used ((solely)) for the purpose of acquiring rights and interests in real property pursuant to the terms of RCW 84.34.210 and 84.34.220, and for the maintenance and operation of any property acquired with these funds. The amount of revenue used for maintenance and operations of parks and recreational land may not exceed fifteen percent of the total amount collected from the tax levied under RCW 84.34.230 in the preceding calendar year. Revenues from this tax may not be used to supplant existing maintenance and operation funding. Any rights or interests in real property acquired under this section must be located within the assessing county. Further, the county must determine if the rights or interests in real property acquired with these funds would reduce the capacity of land suitable for development necessary to accommodate the allocated housing and employment growth, as adopted in the countywide planning policies. When actions are taken that reduce capacity to accommodate planned growth, the jurisdiction shall adopt reasonable measures to increase the capacity lost by such actions.

      (2) In counties greater than one hundred thousand in population, the board of county commissioners or county legislative authority shall develop a process to help ensure distribution of the tax levied under RCW 84.34.230, over time, throughout the county.

      (3)(a) Between the effective date of this section and July 1, 2008, the county legislative authority of a county with a population density of fewer than four persons per square mile may enact an ordinance offering a ballot proposal to the people of the county to determine whether or not the county legislative authority may make a one-time emergency reallocation of unspent conservation futures funds to pay for other county government purposes, where such conservation futures funds were originally levied under RCW 84.34.230 but never spent to acquire rights and interests in real property.

      (b) Upon adoption by the county legislative authority of a ballot proposal ordinance under (a) of this subsection the county auditor shall: (i) Confer with the county legislative authority and review any proposal to the people as to form and style; (ii) give the ballot proposal a number, which thereafter shall be the identifying number for the proposal; (iii) transmit a copy of the proposal to the prosecuting attorney; and (iv) submit the proposal to the people at the next general or special election that is not less than ninety days after the adoption of the ordinance by the county legislative authority.

      (c) The county prosecuting attorney shall within fifteen working days of receipt of the proposal compose a concise statement, posed as a positive question, not to exceed twenty-five words, which shall express and give a true and impartial statement of the proposal. Such concise statement shall be the ballot title.

      (d) If the measure is affirmed by a majority voting on the issue it shall become effective ten days after the results of the election are certified.

      (4) Nothing in this section shall be construed as limiting in any manner methods and funds otherwise available to a county for financing the acquisition of such rights and interests in real property."

      Senators Zarelli and Jacobsen spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Zarelli and Jacobsen to Engrossed Substitute House Bill No. 1631.

      The motion by Senator Zarelli carried and the striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 2 of the title, after "levy;" strike the remainder of the title and insert "and amending RCW 84.34.230 and 84.34.240."


MOTION


      On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 1631, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Oke spoke in favor of passage of the bill.

      Senator Spanel spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1631, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1631, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Voting nay: Senators Pflug, Pridemore and Spanel - 3

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1631, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


STATEMENT FOR THE JOURNAL


      The Senate Journal reflects that I voted “No” on Engrossed Substitute House Bill No. 1631. I inadvertently voted “No” on this bill. I support the amended measure’s provisions regarding conservation futures, and should have voted “Yes” on final passage.


SENATOR CHERYL PFLUG, Legislative District No. 5


SECOND READING

 

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1794, by House Committee on Appropriations (originally sponsored by Representatives Kenney, Cox, Sommers, Fromhold, Priest, Sells, Moeller, Hasegawa, Conway, Ormsby, McCoy, Roberts, Kessler, Darneille, O'Brien, Murray, Dickerson, Lantz, Williams, Chase, Hunter, Lovick, Dunshee, Kagi, Morrell, Haigh, McDermott, Wood and Hudgins)

 

      Expanding access to baccalaureate degree programs.


      The measure was read the second time.


MOTION

 

      Senator Pridemore moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) Since their creation in 1989, the research university branch campuses have significantly expanded access to baccalaureate and graduate education for placebound students in Washington's urban and metropolitan cities. Furthermore, the campuses have contributed to community revitalization and economic development in their regions. The campuses have met their overall mission through the development of new degree programs and through collaboration with community and technical colleges. These findings were confirmed by a comprehensive review of the campuses by the Washington state institute for public policy in 2002 and 2003, and reaffirmed through legislation enacted in 2004 that directed four of the campuses to make recommendations for their future evolution.

      (2) The self-studies conducted by the University of Washington Bothell, University of Washington Tacoma, Washington State University Tri-Cities, and Washington State University Vancouver reflect thoughtful and strategic planning and involved the input of numerous students, faculty, community and business leaders, community colleges, advisory committees, and board members. The higher education coordinating board's careful review provides a statewide context for the legislature to implement the next stage of the campuses.

      (3) Concurrently, the higher education coordinating board has developed a strategic master plan for higher education that sets a goal of increasing the number of students who earn college degrees at all levels: Associate, baccalaureate, and graduate. The strategic master plan also sets a goal to increase the higher education system's responsiveness to the state's economic needs.

      (4) The legislature finds that to meet both of the master plan's goals and to provide adequate educational opportunities for Washington's citizens, additional access is needed to baccalaureate degree programs. Expansion of the four campuses is one strategy for achieving the desired outcomes of the master plan. Other strategies must also be implemented through service delivery models that reflect both regional demands and statewide priorities.

      (5) Therefore, the legislature intends to increase baccalaureate access and encourage economic development through overall expansion of upper division capacity, continued development of two plus two programs in some areas of the state, authorization of four-year university programs in other areas of the state, and creation of new types of baccalaureate programs on a pilot basis. These steps will make significant progress toward achieving the master plan goals, but the legislature will also continue to monitor the development of the higher education system and evaluate what additional changes or expansion may be necessary.

      Sec. 2. RCW 28B.45.014 and 2004 c 57 s 2 are each amended to read as follows:

      (1) The primary mission of the higher education branch campuses created under this chapter remains to expand access to baccalaureate and master's level graduate education in underserved urban areas of the state in collaboration with community and technical colleges. The top priority for each of the campuses is to expand courses and degree programs for transfer and graduate students. New degree programs should be driven by the educational needs and demands of students and the community, as well as the economic development needs of local businesses and employers.

      (2) Branch campuses shall collaborate with the community and technical colleges in their region to develop articulation agreements, dual admissions policies, and other partnerships to ensure that branch campuses serve as innovative models of a two plus two educational system. Other possibilities for collaboration include but are not limited to joint development of curricula and degree programs, colocation of instruction, and arrangements to share faculty.

      (3) In communities where a private postsecondary institution is located, representatives of the private institution may be invited to participate in the conversation about meeting the baccalaureate and master's level graduate needs in underserved urban areas of the state.

      (4) However, the legislature recognizes there are alternative models for achieving this primary mission. Some campuses may have additional missions in response to regional needs and demands. At selected branch campuses, an innovative combination of instruction and research targeted to support regional economic development may be appropriate to meet the region's needs for both access and economic viability. Other campuses should focus on becoming models of a two plus two educational system through continuous improvement of partnerships and agreements with community and technical colleges. Still other campuses may be best suited to transition to a four-year ((comprehensive)) university or be removed from designation as a branch campus entirely.

      (5) ((It is the legislature's intent that each branch campus be funded commensurate with its unique mission, the degree programs offered, and the institutional combination of instruction and research, but at a level less than a research university)) The legislature recognizes that size, mix of degree programs, and proportion of lower versus upper-division and graduate enrollments are factors that affect costs at branch campuses. However over time, the legislature intends that branch campuses be funded more similarly to regional universities.

      (6) In consultation with the higher education coordinating board, a branch campus may propose legislation to authorize practice-oriented or professional doctoral programs if: (a) Unique research facilities and equipment are located near the campus; or (b) the campus can clearly demonstrate student and employer demand in the region that is linked to regional economic development.

      (7) It is not the legislature's intent to have each campus chart its own future path without legislative guidance. Instead, the legislature intends to consider carefully the mission and model of education that best suits each campus and best meets the needs of students, the community, and the region. The higher education coordinating board shall monitor and evaluate the addition of lower division students to the branch campuses and periodically report and make recommendations to the higher education committees of the legislature to ensure the campuses continue to follow the priorities established under this chapter.

      Sec. 3. RCW 28B.45.020 and 1994 c 217 s 3 are each amended to read as follows:

      (1) The University of Washington is responsible for ensuring the expansion of ((upper-division)) baccalaureate and graduate educational programs in the central Puget Sound area under rules or guidelines adopted by the higher education coordinating board and in accordance with proportionality agreements emphasizing access for transfer students developed with the state board for community and technical colleges. The University of Washington shall meet that responsibility through the operation of at least two branch campuses. One branch campus shall be located in the Tacoma area. Another branch campus shall be collocated with Cascadia Community College in the Bothell-Woodinville area.

      (2) At the University of Washington Tacoma, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. Beginning in the fall of 2006, the campus may offer lower division courses linked to specific majors in fields not addressed at local community colleges. The campus shall admit lower division students through coadmission or coenrollment agreements with a community college, or through direct transfer for students who have accumulated approximately one year of transferable college credits. In addition to offering lower division courses linked to specific majors as addressed above, the campus may also directly admit freshmen and sophomores gradually and deliberately in accordance with the campus plan submitted to the higher education coordinating board in 2004.

      (3) At the University of Washington Bothell, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. The campus shall also seek additional opportunities to collaborate with and maximize its collocation with Cascadia Community College. Beginning in the fall of 2006, the campus may offer lower division courses linked to specific majors in fields not addressed at local community colleges. The campus may admit lower division students through coadmission or coenrollment agreements with a community college, or through direct transfer for students who have accumulated approximately one year of transferable college credits. In addition to offering lower division courses linked to specific majors as addressed above, the campus may also directly admit freshmen and sophomores gradually and deliberately in accordance with the campus plan submitted to the higher education coordinating board in 2004.

      Sec. 4. RCW 28B.45.030 and 1989 1st ex.s. c 7 s 4 are each amended to read as follows:

      (1) Washington State University is responsible for providing ((upper-division)) baccalaureate and graduate level higher education programs to the citizens of the Tri-Cities area, under rules or guidelines adopted by the higher education coordinating board and in accordance with proportionality agreements emphasizing access for transfer students developed with the state board for community and technical colleges. Washington State University shall meet that responsibility through the operation of a branch campus in the Tri-Cities area. The branch campus shall replace and supersede the Tri-Cities university center. All land, facilities, equipment, and personnel of the Tri-Cities university center shall be transferred from the University of Washington to Washington State University.

      (2) Washington State University Tri-Cities shall continue providing innovative coadmission and coenrollment options with Columbia Basin College, and expand its upper division capacity for transfer students and graduate capacity and programs. The campus shall also seek additional opportunities to collaborate with the Pacific Northwest national laboratory. Beginning in the fall of 2006, the campus may offer lower division courses linked to specific majors in fields not addressed at local community colleges. The campus may admit lower division students through coadmission or coenrollment agreements with a community college, or through direct transfer for students who have accumulated approximately one year of transferable college credits. In addition to offering lower division courses linked to specific majors as addressed above, the campus may also directly admit freshmen and sophomores for a bachelor's degree program in biotechnology subject to approval by the higher education coordinating board. The campus may not directly admit freshmen and sophomores for degree programs other than biotechnology, however this topic shall be the subject of further study and recommendations by the higher education coordinating board.

      Sec. 5. RCW 28B.45.040 and 1989 1st ex.s. c 7 s 5 are each amended to read as follows:

      (1) Washington State University is responsible for providing ((upper-division)) baccalaureate and graduate level higher education programs to the citizens of the southwest Washington area, under rules or guidelines adopted by the higher education coordinating board and in accordance with proportionality agreements emphasizing access for transfer students developed with the state board for community and technical colleges. Washington State University shall meet that responsibility through the operation of a branch campus in the southwest Washington area.

      (2) Washington State University Vancouver shall expand upper division capacity for transfer students and graduate capacity and programs and continue to collaborate with local community colleges on coadmission and coenrollment programs. In addition, beginning in the fall of 2006, the campus may admit lower division students directly. By simultaneously admitting freshmen and sophomores, increasing transfer enrollment, coadmitting transfer students, and expanding graduate and professional programs, the campus shall develop into a four-year institution serving the southwest Washington region.

      NEW SECTION. Sec. 6. A new section is added to chapter 28B.50 RCW to read as follows:

      (1) The college board shall select four community or technical colleges to develop and offer programs of study leading to an applied baccalaureate degree. The college board shall convene a task force that includes representatives of both the community and technical colleges to develop objective selection criteria.

      (2) Colleges may submit an application to become a pilot college under this section. The college board shall review the applications and select the pilot colleges using objective criteria, including:

      (a) The college demonstrates the capacity to make a long-term commitment of resources to build and sustain a high quality program;

      (b) The college has or can readily engage faculty appropriately qualified to develop and deliver a high quality curriculum at the baccalaureate level;

      (c) The college can demonstrate demand for the proposed program from a sufficient number of students within its service area to make the program cost-effective and feasible to operate;

      (d) The college can demonstrate that employers demand the level of technical training proposed within the program, making it cost-effective for students to seek the degree; and

      (e) The proposed program fills a gap in options available for students because it is not offered by a public four-year institution of higher education in the college's geographic area.

      (3) A college selected as a pilot college under this section may develop the curriculum for and design and deliver courses leading to an applied baccalaureate degree. However, degree programs developed under this section are subject to approval by the college board under RCW 28B.50.090 and by the higher education coordinating board under RCW 28B.76.230 before a pilot college may enroll students in upper-division courses. A pilot college may not enroll students in upper division courses before the fall academic quarter of 2006.

      Sec. 7. RCW 28B.50.020 and 1991 c 238 s 21 are each amended to read as follows:

      The purpose of this chapter is to provide for the dramatically increasing number of students requiring high standards of education either as a part of the continuing higher education program or for occupational education and training, or for adult basic skills and literacy education, by creating a new, independent system of community and technical colleges which will:

      (1) Offer an open door to every citizen, regardless of his or her academic background or experience, at a cost normally within his or her economic means;

      (2) Ensure that each college district shall offer thoroughly comprehensive educational, training and service programs to meet the needs of both the communities and students served by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and work force literacy programs and services. However, college districts containing only technical colleges shall maintain programs solely for occupational education, basic skills, and literacy purposes, and, for as long as a need exists, may continue those programs, activities, and services offered by the technical colleges during the twelve-month period preceding September 1, 1991;

      (3) Provide for basic skills and literacy education, and occupational education and technical training at technical colleges in order to prepare students for careers in a competitive work force;

      (4) Provide or coordinate related and supplemental instruction for apprentices at community and technical colleges;

      (5) Provide administration by state and local boards which will avoid unnecessary duplication of facilities or programs; and which will encourage efficiency in operation and creativity and imagination in education, training and service to meet the needs of the community and students;

      (6) Allow for the growth, improvement, flexibility and modification of the community colleges and their education, training and service programs as future needs occur; and

      (7) Establish firmly that, except on a pilot basis as provided under section 6 of this act, community colleges are, for purposes of academic training, two year institutions, and are an independent, unique, and vital section of our state's higher education system, separate from both the common school system and other institutions of higher learning, and never to be considered for conversion into four-year liberal arts colleges.

      Sec. 8. RCW 28B.50.030 and 2003 2nd sp.s. c 4 s 33 are each amended to read as follows:

      As used in this chapter, unless the context requires otherwise, the term:

      (1) "System" shall mean the state system of community and technical colleges, which shall be a system of higher education.

      (2) "Board" shall mean the work force training and education coordinating board.

      (3) "College board" shall mean the state board for community and technical colleges created by this chapter.

      (4) "Director" shall mean the administrative director for the state system of community and technical colleges.

      (5) "District" shall mean any one of the community and technical college districts created by this chapter.

      (6) "Board of trustees" shall mean the local community and technical college board of trustees established for each college district within the state.

      (7) "Occupational education" shall mean that education or training that will prepare a student for employment that does not require a baccalaureate degree, and education and training leading to an applied baccalaureate degree.

      (8) "K-12 system" shall mean the public school program including kindergarten through the twelfth grade.

      (9) "Common school board" shall mean a public school district board of directors.

      (10) "Community college" shall include those higher education institutions that conduct education programs under RCW 28B.50.020.

      (11) "Technical college" shall include those higher education institutions with the sole mission of conducting occupational education, basic skills, literacy programs, and offering on short notice, when appropriate, programs that meet specific industry needs. The programs of technical colleges shall include, but not be limited to, continuous enrollment, competency-based instruction, industry-experienced faculty, curriculum integrating vocational and basic skills education, and curriculum approved by representatives of employers and labor. For purposes of this chapter, technical colleges shall include Lake Washington Vocational-Technical Institute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park Vocational Institute, and Bellingham Vocational-Technical Institute.

      (12) "Adult education" shall mean all education or instruction, including academic, vocational education or training, basic skills and literacy training, and "occupational education" provided by public educational institutions, including common school districts for persons who are eighteen years of age and over or who hold a high school diploma or certificate. However, "adult education" shall not include academic education or instruction for persons under twenty-one years of age who do not hold a high school degree or diploma and who are attending a public high school for the sole purpose of obtaining a high school diploma or certificate, nor shall "adult education" include education or instruction provided by any four year public institution of higher education.

      (13) "Dislocated forest product worker" shall mean a forest products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business' services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area.

      (14) "Forest products worker" shall mean a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting these definitions. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(3).

      (15) "Dislocated salmon fishing worker" means a finfish products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business's services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area.

      (16) "Salmon fishing worker" means a worker in the finfish industry affected by 1994 or future salmon disasters. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries involved in the commercial and recreational harvesting of finfish including buying and processing finfish. The commissioner may adopt rules further interpreting these definitions.

      (17) "Rural natural resources impact area" means:

      (a) A nonmetropolitan county, as defined by the 1990 decennial census, that meets three of the five criteria set forth in subsection (18) of this section;

      (b) A nonmetropolitan county with a population of less than forty thousand in the 1990 decennial census, that meets two of the five criteria as set forth in subsection (18) of this section; or

      (c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that meets three of the five criteria set forth in subsection (18) of this section.

      (18) For the purposes of designating rural natural resources impact areas, the following criteria shall be considered:

      (a) A lumber and wood products employment location quotient at or above the state average;

      (b) A commercial salmon fishing employment location quotient at or above the state average;

      (c) Projected or actual direct lumber and wood products job losses of one hundred positions or more;

      (d) Projected or actual direct commercial salmon fishing job losses of one hundred positions or more; and

      (e) An unemployment rate twenty percent or more above the state average. The counties that meet these criteria shall be determined by the employment security department for the most recent year for which data is available. For the purposes of administration of programs under this chapter, the United States post office five-digit zip code delivery areas will be used to determine residence status for eligibility purposes. For the purpose of this definition, a zip code delivery area of which any part is ten miles or more from an urbanized area is considered nonurbanized. A zip code totally surrounded by zip codes qualifying as nonurbanized under this definition is also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to all agencies and organizations providing services under this chapter.

      (19) "Applied baccalaureate degree" means a baccalaureate degree awarded by a college under section 6 of this act for successful completion of a program of study that is:

      (a) Specifically designed for individuals who hold an associate of applied science degree, or its equivalent, in order to maximize application of their technical course credits toward the baccalaureate degree; and

      (b) Based on a curriculum that incorporates both theoretical and applied knowledge and skills in a specific technical field.

      Sec. 9. RCW 28B.50.140 and 2004 c 275 s 58 are each amended to read as follows:

      Each board of trustees:

      (1) Shall operate all existing community and technical colleges in its district;

      (2) Shall create comprehensive programs of community and technical college education and training and maintain an open-door policy in accordance with the provisions of RCW 28B.50.090(3). However, technical colleges, and college districts containing only technical colleges, shall maintain programs solely for occupational education, basic skills, and literacy purposes. For as long as a need exists, technical colleges may continue those programs, activities, and services they offered during the twelve-month period preceding September 1, 1991;

      (3) Shall employ for a period to be fixed by the board a college president for each community and technical college and, may appoint a president for the district, and fix their duties and compensation, which may include elements other than salary. Compensation under this subsection shall not affect but may supplement retirement, health care, and other benefits that are otherwise applicable to the presidents as state employees. The board shall also employ for a period to be fixed by the board members of the faculty and such other administrative officers and other employees as may be necessary or appropriate and fix their salaries and duties. Compensation and salary increases under this subsection shall not exceed the amount or percentage established for those purposes in the state appropriations act by the legislature as allocated to the board of trustees by the state board for community and technical colleges. The state board for community and technical colleges shall adopt rules defining the permissible elements of compensation under this subsection;

      (4) May establish, under the approval and direction of the college board, new facilities as community needs and interests demand. However, the authority of boards of trustees to purchase or lease major off-campus facilities shall be subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230;

      (5) May establish or lease, operate, equip and maintain dormitories, food service facilities, bookstores and other self-supporting facilities connected with the operation of the community and technical college;

      (6) May, with the approval of the college board, borrow money and issue and sell revenue bonds or other evidences of indebtedness for the construction, reconstruction, erection, equipping with permanent fixtures, demolition and major alteration of buildings or other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances, for dormitories, food service facilities, and other self-supporting facilities connected with the operation of the community and technical college in accordance with the provisions of RCW 28B.10.300 through 28B.10.330 where applicable;

      (7) May establish fees and charges for the facilities authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the rules ((and regulations)) of the college board; each board of trustees operating a community and technical college may enter into agreements, subject to rules ((and regulations)) of the college board, with owners of facilities to be used for housing regarding the management, operation, and government of such facilities, and any board entering into such an agreement may:

      (a) Make rules ((and regulations)) for the government, management and operation of such housing facilities deemed necessary or advisable; and

      (b) Employ necessary employees to govern, manage and operate the same;

      (8) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from private sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community and technical college programs as specified by law and the ((regulations)) rules of the state college board; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt ((regulations)) rules to govern the receipt and expenditure of the proceeds, rents, profits and income thereof;

      (9) May establish and maintain night schools whenever in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for community and technical college purposes;

      (10) May make rules ((and regulations)) for pedestrian and vehicular traffic on property owned, operated, or maintained by the district;

      (11) Shall prescribe, with the assistance of the faculty, the course of study in the various departments of the community and technical college or colleges under its control, and publish such catalogues and bulletins as may become necessary;

      (12) May grant to every student, upon graduation or completion of a course of study, a suitable diploma, ((nonbaccalaureate)) degree, or certificate. Technical colleges shall offer only ((nonbaccalaureate)) technical degrees under the rules of the state board for community and technical colleges that are appropriate to their work force education and training mission. The primary purpose of ((this)) these degrees is to lead the individual directly to employment in a specific occupation. Technical colleges may not offer transfer degrees. Only pilot colleges under section 6 of this act may award baccalaureate degrees. The board, upon recommendation of the faculty, may also confer honorary associate of arts degrees upon persons other than graduates of the community college, in recognition of their learning or devotion to education, literature, art, or science. No degree may be conferred in consideration of the payment of money or the donation of any kind of property;

      (13) Shall enforce the rules ((and regulations)) prescribed by the state board for community and technical colleges for the government of community and technical colleges, students and teachers, and ((promulgate)) adopt such rules ((and regulations)) and perform all other acts not inconsistent with law or rules ((and regulations)) of the state board for community and technical colleges as the board of trustees may in its discretion deem necessary or appropriate to the administration of college districts: PROVIDED, That such rules ((and regulations)) shall include, but not be limited to, rules ((and regulations)) relating to housing, scholarships, conduct at the various community and technical college facilities, and discipline: PROVIDED, FURTHER, That the board of trustees may suspend or expel from community and technical colleges students who refuse to obey any of the duly ((promulgated)) adopted rules ((and regulations));

      (14) May, by written order filed in its office, delegate to the president or district president any of the powers and duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised in the name of the district board;

      (15) May perform such other activities consistent with this chapter and not in conflict with the directives of the college board;

      (16) Notwithstanding any other provision of law, may offer educational services on a contractual basis other than the tuition and fee basis set forth in chapter 28B.15 RCW for a special fee to private or governmental entities, consistent with rules ((and regulations)) adopted by the state board for community and technical colleges: PROVIDED, That the whole of such special fee shall go to the college district and be not less than the full instructional costs of such services including any salary increases authorized by the legislature for community and technical college employees during the term of the agreement: PROVIDED FURTHER, That enrollments generated hereunder shall not be counted toward the official enrollment level of the college district for state funding purposes;

      (17) Notwithstanding any other provision of law, may offer educational services on a contractual basis, charging tuition and fees as set forth in chapter 28B.15 RCW, counting such enrollments for state funding purposes, and may additionally charge a special supplemental fee when necessary to cover the full instructional costs of such services: PROVIDED, That such contracts shall be subject to review by the state board for community and technical colleges and to such rules as the state board may adopt for that purpose in order to assure that the sum of the supplemental fee and the normal state funding shall not exceed the projected total cost of offering the educational service: PROVIDED FURTHER, That enrollments generated by courses offered on the basis of contracts requiring payment of a share of the normal costs of the course will be discounted to the percentage provided by the college;

      (18) Shall be authorized to pay dues to any association of trustees that may be formed by the various boards of trustees; such association may expend any or all of such funds to submit biennially, or more often if necessary, to the governor and to the legislature, the recommendations of the association regarding changes which would affect the efficiency of such association;

      (19) May participate in higher education centers and consortia that involve any four-year public or independent college or university: PROVIDED, That new degree programs or off-campus programs offered by a four-year public or independent college or university in collaboration with a community or technical college are subject to approval by the higher education coordinating board under RCW 28B.76.230; and

      (20) Shall perform any other duties and responsibilities imposed by law or rule ((and regulation)) of the state board.

      Sec. 10. RCW 28B.15.069 and 2003 c 232 s 5 are each amended to read as follows:

      (1) The building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent.

      (2) The governing boards of each institution of higher education, except for the technical colleges, shall charge to and collect from each student a services and activities fee. A governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for resident undergraduate students: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. These rate adjustments may exceed the fiscal growth factor. For the 2003-04 academic year, the services and activities fee shall be based upon the resident undergraduate services and activities fee in 2002-03. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

      (3) Tuition and services and activities fees consistent with subsection (2) of this section shall be set by the state board for community and technical colleges for community college summer school students unless the community college charges fees in accordance with RCW 28B.15.515.

      (4) Subject to the limitations of RCW 28B.15.910, each governing board of a community college may charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state board for community and technical colleges.

      (5) The governing board of a college offering an applied baccalaureate degree program under section 6 of this act may charge tuition fees for those courses above the associate degree level at rates consistent with rules adopted by the state board for community and technical colleges, not to exceed tuition fee rates at the regional universities.

      Sec. 11. RCW 28B.76.230 and 2004 c 275 s 9 are each amended to read as follows:

      (1) The board shall develop a comprehensive and ongoing assessment process to analyze the need for additional degrees and programs, additional off-campus centers and locations for degree programs, and consolidation or elimination of programs by the four-year institutions.

      (2) As part of the needs assessment process, the board shall examine:

      (a) Projections of student, employer, and community demand for education and degrees, including liberal arts degrees, on a regional and statewide basis;

      (b) Current and projected degree programs and enrollment at public and private institutions of higher education, by location and mode of service delivery; and

      (c) Data from the work force training and education coordinating board and the state board for community and technical colleges on the supply and demand for work force education and certificates and associate degrees.

      (3) Every two years the board shall produce, jointly with the state board for community and technical colleges and the work force training and education coordinating board, an assessment of the number and type of higher education and training credentials required to match employer demand for a skilled and educated work force. The assessment shall include the number of forecasted net job openings at each level of higher education and training and the number of credentials needed to match the forecast of net job openings.

      (4) The board shall determine whether certain major lines of study or types of degrees, including applied degrees or research-oriented degrees, shall be assigned uniquely to some institutions or institutional sectors in order to create centers of excellence that focus resources and expertise.

      (5) The following activities are subject to approval by the board:

      (a) New degree programs by a four-year institution;

      (b) Creation of any off-campus program by a four-year institution;

      (c) Purchase or lease of major off-campus facilities by a four-year institution or a community or technical college;

      (d) Creation of higher education centers and consortia; ((and))

      (e) New degree programs and creation of off-campus programs by an independent college or university in collaboration with a community or technical college; and

      (f) Applied baccalaureate degree programs developed by colleges under section 6 of this act.

      (6) Institutions seeking board approval under this section must demonstrate that the proposal is justified by the needs assessment developed under this section. Institutions must also demonstrate how the proposals align with or implement the statewide strategic master plan for higher education under RCW 28B.76.200.

      (7) The board shall develop clear guidelines and objective decision-making criteria regarding approval of proposals under this section, which must include review and consultation with the institution and other interested agencies and individuals.

      (8) The board shall periodically recommend consolidation or elimination of programs at the four-year institutions, based on the needs assessment analysis.

      NEW SECTION. Sec. 12. A new section is added to chapter 28B.50 RCW to read as follows:


      (1) One strategy to accomplish expansion of baccalaureate capacity in underserved regions of the state is to allocate state funds for student enrollment to a community and technical college and authorize the college to enter into agreements with a regional university or state college as defined in RCW 28B.10.016 or a branch campus under chapter 28B.45 RCW, to offer baccalaureate degree programs.

      (2) Subject to legislative appropriation for the purpose described in this section, the college board shall select and allocate funds to three community or technical colleges for the purpose of entering into an agreement with one or more regional universities, branch campuses, or the state college to offer baccalaureate degree programs on the college campus.

      (3) The college board shall select the community or technical college based on analysis of gaps in service delivery, capacity, and student and employer demand for programs. Before taking effect, the agreement under this section must be approved by the higher education coordinating board.

      (4) Students enrolled in programs under this section are considered students of the regional university, branch campus, or state college for all purposes including tuition and reporting of state-funded enrollments.

      NEW SECTION. Sec. 13. (1) The legislature finds that access to baccalaureate and graduate degree programs continues to be limited for residents of North Snohomish, Island, and Skagit counties. Studies conducted by the state board for community and technical colleges, the higher education coordinating board, and the council of presidents confirm that enrollment in higher education in this geographic region lags enrollment in other parts of the state, particularly for upper division courses leading to advanced degrees. The higher education consortium created to serve the region has not been able to successfully address the region's access needs. The university center model of service delivery, centered on a community college campus with a single point of accountability, has proven more effective in developing degree programs and attracting students.

      (2) Therefore the legislature intends to refocus the consortium by assigning management and leadership responsibility for consortium operations to Everett Community College. Everett Community College shall collaborate with community and business leaders, other local community colleges, the public four-year institutions of higher education, and the higher education coordinating board to develop an educational plan for the North Snohomish, Island, and Skagit county region based on the university center model. The plan should provide for projections of student enrollment demand, coordinated delivery of lower and upper division courses, expanded availability of baccalaureate degree programs and high demand degree and certificate programs in the region, and a timeline and cost estimates for moving the physical location of the consortium to the college campus. The college shall submit preliminary recommendations to the higher education and fiscal committees of the legislature by December 1, 2005.

      NEW SECTION. Sec. 14. (1) The higher education coordinating board shall define potential outcomes resulting from this act and develop performance measures for those outcomes, including but not limited to increased numbers of baccalaureate degrees awarded; expansion of upper division and graduate capacity at the University of Washington Bothell and Tacoma and Washington State University Tri-Cities and Vancouver; enhanced regional access to baccalaureate programs; and creation and award of applied baccalaureate degrees. The board shall provide a progress report on the outcomes to the higher education committees of the senate and the house of representatives by December 1, 2008.

      (2) This section expires July 1, 2009."

      Senators Pridemore and McAuliffe spoke in favor of adoption of the committee striking amendment.

 

MOTION

 

Senator Schmidt moved that the following amendment by Senators Schmidt and McAuliffe to the committee striking amendment be adopted.

      On page 6, line 23 of the amendment, after "degree." insert "At least one of the four pilot programs chosen must lead to a baccalaureate of applied science degree which builds on an associate of applied science degree."

      Senators Schmidt, McAuliffe, Shin and Rasmussen spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Schmidt and McAuliffe on page 6, line 23 to the committee striking amendment to Engrossed Second Substitute House Bill No. 1794.

The motion by Senator Schmidt carried and the amendment to the committee striking amendment was adopted by voice vote.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to Engrossed Second Substitute House Bill No. 1794.

      The motion by Senator Pridemore carried and the committee striking amendment as amended was adopted by voice vote.


MOTION


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

      On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28B.45.014, 28B.45.020, 28B.45.030, 28B.45.040, 28B.50.020, 28B.50.030, 28B.50.140, 28B.15.069, and 28B.76.230; adding new sections to chapter 28B.50 RCW; creating new sections; and providing an expiration date."

 

MOTION


      On motion of Senator Pridemore, the rules were suspended, Engrossed Second Substitute House Bill No. 1794, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Pridemore, Schmidt, Jacobsen, Zarelli, Franklin, Kohl-Welles spoke in favor of passage of the bill.

      Senators Mulliken and Spanel spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1794 as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1794,as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Stevens, Swecker, Weinstein and Zarelli - 42

      Voting nay: Senators Fairley, McCaslin, Mulliken, Parlette, Schoesler, Spanel and Thibaudeau - 7

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1794, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1189, by House Committee on Local Government (originally sponsored by Representatives Moeller, Bailey, McCoy, Armstrong, Williams, Newhouse, Fromhold, Springer, Ericks, Flannigan, Curtis, Cody, Condotta, Appleton, Hinkle, Morrell, Campbell, Pearson, Chase, Dickerson, Linville, Woods, Kenney, O'Brien, Conway, Lantz, Sells, Kagi, Ormsby, Haigh, Upthegrove, Hasegawa and Kilmer)

 

      Providing relief for indigent veterans and their families.


      The measure was read the second time.


MOTION

 

      Senator Pridemore moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) It is the intent of the legislature that each county establish a veterans' assistance program to benefit indigent veterans and their families. These programs must be funded, at least in part, by veterans' assistance funds. The legislature intends also for each county to establish a veterans' advisory board responsible for advising the county legislative authority on needed and appropriate assistance programs for local indigent veterans and their families. Recognizing the valuable insight and perspectives that veterans offer, it is the intent of the legislature that each board be comprised entirely of veterans.

      (2) The legislature recognizes that ongoing veterans' relief or assistance programs in some areas of the state have provided meaningful assistance to indigent veterans and family members. The legislature further recognizes that veterans' service organizations have traditionally been the initial point of contact for indigent veterans and family members seeking assistance. In recognition of these factors, the legislature intends to authorize, upon the satisfaction of certain administrative requirements, existing veterans' relief or assistance programs to continue providing needed and effective assistance to indigent veterans and their families.

      (3) The legislature recognizes that counties respond to the needs of indigent veterans and family members in the manner most appropriate to the needs and resources of the county. The legislature intends for the provisions of this act to facilitate the effective use of assistance funds through efficient model programs that benefit veterans and family members experiencing financial hardships.

      (4) It is the policy of the state of Washington that bias shall not play a role in the distribution of the veterans' assistance fund.

      NEW SECTION. Sec. 2. A new section is added to chapter 73.08 RCW to read as follows:

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

      (1) "Direct costs" includes those allowable costs that can be readily assigned to the statutory objectives of this chapter, consistent with the cost principles promulgated by the federal office of management and budget in circular No. A-87, dated May 10, 2004.

      (2) "Family" means the spouse, widow, widower, and dependent children of a living or deceased veteran.

      (3) "Indigent" means a person who is defined as such by the county legislative authority using one or more of the following definitions:

      (a) Receiving one of the following types of public assistance: Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income;

      (b) Receiving an annual income, after taxes, of up to one hundred fifty percent or less of the current federally established poverty level, or receiving an annual income not exceeding a higher qualifying income established by the county legislative authority; or

      (c) Unable to pay reasonable costs for shelter, food, utilities, and transportation because his or her available funds are insufficient.

      (4) "Indirect costs" includes those allowable costs that are generally associated with carrying out the statutory objectives of this chapter, but the identification and tracking of those costs cannot be readily assigned to a specific statutory objective without an accounting effort that is disproportionate to the benefit received. A county legislative authority may allocate allowable indirect costs to its veterans' assistance fund if it is accomplished in a manner consistent with the cost principles promulgated by the federal office of management and budget in circular No. A-87, dated May 10, 2004.

      (5) "Veteran" has the same meaning as defined in RCW 41.04.005 and 41.04.007.

      (6) "Veterans' advisory board" means a board established by a county legislative authority under the authority of section 4 of this act.

      (7) "Veterans' assistance fund" means an account in the custody of the county auditor, or the chief financial officer in a county operating under a charter, that is funded by taxes levied under the authority of RCW 73.08.080.

      (8) "Veterans' assistance program" means a program approved by the county legislative authority under the authority of RCW 73.08.010 that is fully or partially funded by the veterans' assistance fund authorized by RCW 73.08.080.

      Sec. 3. RCW 73.08.010 and 2002 c 292 s 7 are each amended to read as follows:

      (1) For the relief of indigent ((and suffering)) veterans ((as defined in RCW 41.04.007 and)), their families ((or)), and the families of ((those)) deceased indigent veterans, ((who need assistance in any city, town or precinct in this state,)) the legislative authority of ((the)) each county ((in which the city, town or precinct is situated shall provide such sum or sums of money as may be necessary, to be drawn upon by the commander and quartermaster, or commander and adjutant or commander and service officer of any post, camp or chapter of any national organization of veterans now, or which may hereafter be, chartered by an act of congress in the city or town upon recommendation of the relief committee of said post, camp or chapter: PROVIDED, Said veteran or the families of those deceased are and have been residents of the state for at least twelve months, and the orders of said commander and quartermaster, or commander and adjutant or commander and service officer shall be the proper voucher for the expenditure of said sum or sums of money)) shall establish a veterans' assistance program to address the needs of local indigent veterans and their families. The county legislative authority shall consult with and solicit recommendations from the veterans' advisory board established under section 4 of this act to determine the appropriate services needed for local indigent veterans. Veterans' assistance programs shall be funded, at least in part, by the veterans' assistance fund created under the authority of RCW 73.08.080.


      (2) The county legislative authority may authorize other entities to administer a veterans' assistance program or programs through grants, contracts, or interlocal agreements. If the county legislative authority authorizes another entity to administer a veterans' assistance program or programs, the terms of the grant, contract, or interlocal agreement must, for each program, specify:

      (a) The details of the program;

      (b) The responsibilities of all parties;

      (c) The duration of the program;

      (d) The costs and sources of funding;

      (e) Any insurance or bond requirements;

      (f) The format and frequency of progress and final reports; and

      (g) Any other information deemed necessary or appropriate by either party.

      (3) If the county legislative authority authorizes another entity to administer a veterans' assistance program or programs, the authorized entity should, to the extent feasible and consistent with this chapter, ensure that a local branch of a nationally recognized veterans' service organization is the initial point of contact for a veteran or family member seeking assistance.

      (4) Nothing in this section shall prohibit or be construed as prohibiting a county from authorizing the continued operation of a veterans' relief or assistance program or programs existing on January 1, 2005, if the authorizing legislative authority:

      (a) Solicits advice from the veterans' advisory board established in section 4 of this act; and

      (b) Satisfies the grant, contractual, or interlocal agreement requirements of subsection (2) of this section.

      NEW SECTION. Sec. 4. A new section is added to chapter 73.08 RCW to read as follows:

      (1) The legislative authority for each county must establish a veterans' advisory board. Upon its establishment, the board shall advise the county legislative authority on the needs of local indigent veterans, the resources available to local indigent veterans, and programs that could benefit the needs of local indigent veterans and their families.

      (2) The county legislative authority must solicit representatives from either local branches of nationally recognized veterans' service organizations or the veterans' community at large, or both, to serve on the board. No fewer than a majority of the board members shall be members from nationally recognized veterans' service organizations and only veterans are eligible to serve as board members.

      (3) Service on the board is voluntary. The county legislative authority may provide for reimbursement to board members for expenses incurred.

      Sec. 5. RCW 73.08.070 and 2002 c 292 s 9 are each amended to read as follows:

      ((It shall be the duty of)) (1) The legislative authority ((in each of the counties in this state to)) for each county must designate ((some)) a proper authority ((other than the one designated by law for the care of paupers and the custody of criminals who shall cause to be interred)) to be responsible, at the expense of the county ((the body of any honorably discharged veterans as defined in RCW 41.04.007 and the wives, husbands, minor children, widows or widowers of such veterans, who shall hereafter die)), for the burial or cremation of any deceased indigent veteran or deceased family member of an indigent veteran who died without leaving means sufficient to defray funeral expenses((; and when requested so to do by the commanding officer of any post, camp or chapter of any national organization of veterans now, or which may hereafter be, chartered by an act of congress or the relief committee of any such posts, camps or chapters: PROVIDED, HOWEVER, That such interment shall not cost more than)). The costs of such a burial or cremation may not exceed the limit established by the county legislative authority nor be less than three hundred dollars.

      (2) If the deceased has relatives or friends who desire to conduct the burial or cremation of such deceased person, then ((upon request of said commander or relief committee)) a sum not to exceed the limit established by the county legislative authority nor less than three hundred dollars shall be paid to ((said)) the relatives or friends by the county ((treasurer, upon)) auditor, or by the chief financial officer in a county operating under a charter. Payment shall be made to the relatives or friends upon presenting to the auditor or chief financial officer due proof of the death ((and)), burial ((of any person provided for by this section and proof of expenses incurred)) or cremation, and expenses incurred.

      (3) Expenses incurred for the burial or cremation of a deceased indigent veteran or the deceased family member of an indigent veteran as provided by this section shall be paid from the veterans' assistance fund authorized by RCW 73.08.080.

      Sec. 6. RCW 73.08.080 and 1985 c 181 s 2 are each amended to read as follows:

      (1) The legislative ((authorities of the several counties in this state)) authority in each county shall levy, in addition to the taxes now levied by law, a tax in a sum equal to the amount which would be raised by not less than one and one-eighth cents per thousand dollars of assessed value, and not greater than twenty-seven cents per thousand dollars of assessed value against the taxable property of their respective counties, to be levied and collected as now prescribed by law for the assessment and collection of taxes, for the purpose of creating ((the veteran's)) a veterans' assistance fund ((for the relief of honorably discharged veterans as defined in RCW 41.04.005 and the indigent wives, husbands, widows, widowers and minor children of such indigent or deceased veterans, to be disbursed for such relief by such county legislative authority: PROVIDED, That if)). Expenditures from the veterans' assistance fund, and interest earned on balances from the fund, may be used only for:

      (a) The veterans' assistance programs authorized by RCW 73.08.010;

      (b) The burial or cremation of a deceased indigent veteran or deceased family member of an indigent veteran as authorized by RCW 73.08.070; and

      (c) The direct and indirect costs incurred in the administration of the fund as authorized by subsection (2) of this section.

      (2) If the funds on deposit((, less outstanding warrants, residing)) in the ((veteran's)) veterans' assistance fund, less outstanding warrants, on the first Tuesday in September exceed the expected yield of one and one-eighth cents per thousand dollars of assessed value against the taxable property of the county, the county legislative authority may levy a lesser amount((: PROVIDED FURTHER, That the)). The direct and indirect costs incurred in the administration of ((said veteran's)) the veterans' assistance fund shall be computed by the county ((treasurer)) auditor, or the chief financial officer in a county operating under a charter, not less than annually ((and such amount)). Following the computation of these direct and indirect costs, an amount equal to these costs may then be transferred from the ((veteran's)) veterans' assistance fund ((as herein provided for)) to the county current expense fund.

      (3) The amount of a levy allocated to the purposes specified in this section may be reduced in the same proportion as the regular property tax levy of the county is reduced by chapter 84.55 RCW.

      NEW SECTION. Sec. 7. A new section is added to chapter 73.08 RCW to read as follows:

      The department of social and health services shall exempt payments provided under sections 2 and 4 of this act and RCW 73.08.010, 73.08.070, and 73.08.080 when determining eligibility for public assistance.

      NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

      (1) RCW 73.08.030 (Procedure where no veterans' organization in precinct) and 1983 c 295 s 2, 1947 c 180 s 2, 1945 c 144 s 2, 1921 c 41 s 2, 1907 c 64 s 2, & 1888 p 208 s 2;


      (2) RCW 73.08.040 (Notice of intention to furnish relief--Annual statement) and 1947 c 180 s 3, 1945 c 144 s 3, 1921 c 41 s 3, 1907 c 64 s 3, & 1888 p 209 s 3; and

      (3) RCW 73.08.050 (Performance bond may be required) and 1983 c 295 s 3, 1947 c 180 s 4, 1945 c 144 s 4, 1921 c 41 s 4, 1907 c 64 s 4, & 1888 p 209 s 4."

      Senator Pridemore spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to Substitute House Bill No. 1189.

      The motion by Senator Pridemore carried and the committee striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 1 of the title, after "relief;" strike the remainder of the title and insert "amending RCW 73.08.010, 73.08.070, and 73.08.080; adding new sections to chapter 73.08 RCW; creating a new section; and repealing RCW 73.08.030, 73.08.040, and 73.08.050."


MOTION


      On motion of Senator Pridemore, the rules were suspended, Substitute House Bill No. 1189, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Pridemore and Benton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1189, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1189, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      SUBSTITUTE HOUSE BILL NO. 1189, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


On motion of Senator Regala, Senator Thibaudeau was excused.

 

SECOND READING

 

      HOUSE BILL NO. 1407, by Representatives Grant, Walsh, Linville, Buri and Morrell

 

      Providing an expiration date for the tax deduction for certain businesses impacted by the ban on American beef products.


      The measure was read the second time.


MOTION


      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1407 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rasmussen, Schoesler and Shin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1407.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1407 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1407, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      ENGROSSED HOUSE BILL NO. 1187, by Representatives Dickerson, Moeller, Kagi, Roberts, Darneille, Schual-Berke, Chase, Clibborn, McIntire, Upthegrove and Hasegawa

 

      Eliminating mandatory minimum sentences for youthful offenders tried as adults.


      The measure was read the second time.


MOTION

 

      Senator Hargrove moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that emerging research on brain development indicates that adolescent brains, and thus adolescent intellectual and emotional capabilities, differ significantly from those of mature adults. It is appropriate to take these differences into consideration when sentencing juveniles tried as adults. The legislature further finds that applying mandatory minimum sentences for juveniles tried as adults prevents trial court judges from taking these differences into consideration in appropriate circumstances.

      (2) The legislature intends to eliminate the application of mandatory minimum sentences under RCW 9.94A.540 to juveniles tried as adults, and to continue to apply all other adult sentencing provisions to juveniles tried as adults.

      Sec. 2. RCW 9.94A.540 and 2001 2nd sp.s. c 12 s 315 are each amended to read as follows:

      (1) Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535:

      (a) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years.

      (b) An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.

      (c) An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years.

      (d) An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of total confinement not less than sixty months.

      (2) During such minimum terms of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.728(4).

      (3)(a) Subsection (1) of this section shall not be applied in sentencing of juveniles tried as adults pursuant to RCW 13.04.030(1)(e)(i).

      (b) This section applies only to crimes committed on or after the effective date of this act."

      Senators Hargrove and Stevens spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Engrossed House Bill No. 1187.

      The motion by Senator Hargrove carried and the committee striking amendment was adopted by voice vote.


MOTION


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

      On page 1, line 2 of the title, after "adults;" strike the remainder of the title and insert "amending RCW 9.94A.540; and creating a new section."

 

MOTION


      On motion of Senator Hargrove, the rules were suspended, Engrossed House Bill No. 1187, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1187, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 1187 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 49

      ENGROSSED HOUSE BILL NO. 1187, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


At 5:03 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.


EVENING SESSION


The Senate was called to order at 5:36 p.m. by President Owen.

 

MOTION


      On motion of Senator Eide, the Senate reverted to the fourth order of business.


MESSAGES FROM THE HOUSE


April 5, 2005

MR. PRESIDENT:


The House has passed the following bill{s}:

      SUBSTITUTE SENATE BILL NO. 5479,

      SUBSTITUTE SENATE BILL NO. 5497,

      SUBSTITUTE SENATE BILL NO. 5676,

      SENATE BILL NO. 5701,

      SENATE BILL NO. 5713,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5736,

      SUBSTITUTE SENATE BILL NO. 5765,

      SENATE BILL NO. 5809,

      SENATE BILL NO. 5857,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


April 5, 2005


MR. PRESIDENT:


The House has passed the following bill{s}:

      SUBSTITUTE SENATE BILL NO. 5146,

      SUBSTITUTE SENATE BILL NO. 5150,

      SECOND SUBSTITUTE SENATE BILL NO. 5154,

      SENATE BILL NO. 5181,


      ENGROSSED SENATE BILL NO. 5194,

      SUBSTITUTE SENATE BILL NO. 5207,

      SUBSTITUTE SENATE BILL NO. 5289,

      SUBSTITUTE SENATE BILL NO. 5317,

      ENGROSSED SENATE BILL NO. 5332,

      SENATE BILL NO. 5354,

      SENATE BILL NO. 5453,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


April 6, 2005


MR. PRESIDENT:


The House has passed the following bills:

      SUBSTITUTE SENATE BILL NO. 5065,

      ENGROSSED SENATE BILL NO. 5087,

      SUBSTITUTE SENATE BILL NO. 5471,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5506,

      SUBSTITUTE SENATE BILL NO. 5584,

      SUBSTITUTE SENATE BILL NO. 5969,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk

April 6, 2005


MR. PRESIDENT:


The House has passed the following bill{s}:

      SUBSTITUTE SENATE BILL NO. 5092,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5173,

      SUBSTITUTE SENATE BILL NO. 5176,

      SENATE BILL NO. 5563,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


April 6, 2005


MR. PRESIDENT:


The House has passed the following bill{s}:

      SUBSTITUTE SENATE BILL NO. 5775

      SUBSTITUTE SENATE BILL NO. 5862,

      ENGROSSED SENATE BILL NO. 5966,

and the same are herewith transmitted.


RICHARD NAFZIGER, Chief Clerk


SIGNED BY THE PRESIDENT


The President signed:

      SUBSTITUTE SENATE BILL NO. 5775,

      SUBSTITUTE SENATE BILL NO. 5862,

      ENGROSSED SENATE BILL NO. 5966.


The President signed:

      SUBSTITUTE SENATE BILL NO. 5092,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5173,

      SUBSTITUTE SENATE BILL NO. 5176,

      SENATE BILL NO. 5563.


The President signed:

      SUBSTITUTE SENATE BILL NO. 5065,

      ENGROSSED SENATE BILL NO. 5087,

      SUBSTITUTE SENATE BILL NO. 5471,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5506,

      SUBSTITUTE SENATE BILL NO. 5584,

      SUBSTITUTE SENATE BILL NO. 5969.


The President signed:

      SUBSTITUTE SENATE BILL NO. 5146,

      SUBSTITUTE SENATE BILL NO. 5150,

      SECOND SUBSTITUTE SENATE BILL NO. 5154,

      SENATE BILL NO. 5181,

      ENGROSSED SENATE BILL NO. 5194,

      SUBSTITUTE SENATE BILL NO. 5207,

      SUBSTITUTE SENATE BILL NO. 5289,

      SUBSTITUTE SENATE BILL NO. 5317,

      ENGROSSED SENATE BILL NO. 5332,

      SENATE BILL NO. 5354,

      SENATE BILL NO. 5453.


The President signed:

      SUBSTITUTE SENATE BILL NO. 5479,

      SUBSTITUTE SENATE BILL NO. 5497,

      SUBSTITUTE SENATE BILL NO. 5676,

      SENATE BILL NO. 5701,

      SENATE BILL NO. 5713,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5736,

      SUBSTITUTE SENATE BILL NO. 5765,

      SENATE BILL NO. 5809,

      SENATE BILL NO. 5857.

 

MOTION

 

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

 

MOTION TO LIMIT DEBATE

 

Senator Eide: “Mr. President, I move that the members of the Senate be allowed to speak but once on each question before the Senate, that such speech be limited to three minutes and that members be prohibited from yielding their time, however, the maker of a motion shall be allowed to open and close debate. This motion shall be in effect through April 7, 2005.”

The President declared the question before the Senate to be the motion by Senator Eide to limit debate.

The motion by Senator Eide carried and debate was limited through April 7, 2005.


SECOND READING

 

      HOUSE BILL NO. 1286, by Representatives Cody, Simpson, Morrell and Kenney

 

      Creating the medical flexible spending account.


      The measure was read the second time.


MOTION


      On motion of Senator Prentice, the rules were suspended, House Bill No. 1286 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Parlette spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1286.



ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1286 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Absent: Senator Deccio - 1

      HOUSE BILL NO. 1286, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      ENGROSSED HOUSE BILL NO. 1268, by Representatives Schual-Berke, Jarrett, Tom, Sommers, Dickerson, Cody, Hankins, Murray, Hudgins, B. Sullivan, Fromhold, Haler, Appleton, Wallace, Kagi, Dunshee, Springer, Upthegrove, Kenney, Quall, Pettigrew, Morris, Darneille, Moeller, Morrell, Hunt, Lovick, Kessler, Williams, Roberts, Chase, Santos and McIntire

 

      Regulating stem cell research.


      The measure was read the second time.


MOTION


Senator Zarelli moved that the following amendment by Senator Zarelli be adopted.

      On page 2, beginning on line 13, strike all of subsection (5).

      On page 2, line 21, after "research" strike "holds" and insert "may hold"

      On page 3, line 30, after "develop", strike everything through "cells" on page 4, line 3 and insert the following:

"proposed guidelines for research involving the derivation or use of human embryonic stem cells in Washington and submit a report to the legislature by January 1, 2006. The proposed guidelines shall address the balance between the potential of research involving the derivation of human embryonic stem cells for curing or treating disease, and the ethical considerations that arise with such research. In addition, the proposed guidelines shall address recommendations regarding whether donations of embryonic tissue for research purposes are advisable and if so, identify any recommended safeguards."

      On page 4, beginning on line 11, strike all material through "act." on page 6, line 4.

      On page 6, beginning on line 18, strike all material through "act." on line 35.

      On page 7, line 5, after "through" strike "8" and insert "5".

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Zarelli spoke in favor of adoption of the amendment.

      Senator Kohl-Welles spoke against adoption of the amendment.


The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 2, line 13 to Engrossed House Bill No. 1268.


MOTION


      A division was demanded.

The motion by Senator Zarelli failed and the amendment was not adopted by a rising vote.

 

MOTION


Senator Esser moved that the following amendment by Senator Esser be adopted.

      On page 2, beginning on line 18, strike all material through "state." on line 27 and insert the following:

"(6) While stem cell research holds enormous potential for treating or even curing some diseases, the cloning of human beings is morally and ethically unacceptable.

(7) No cloning of human beings of any kind shall be lawful in the state of Washington."

      On page 6, after line 4, insert the following:

"(4) No health care provider may knowingly engage or assist in the cloning of a human being or the attempted cloning of a human being."

      On page 6, line 5, after "(1)" strike everything through "being." on line 7 and insert the following:

"(1) No person may knowingly engage or assist in the cloning of a human being or the attempted cloning of a human being."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Esser, Mulliken and Benson spoke in favor of adoption of the amendment.

      Senators Kohl-Welles, Hargrove, Brown and Keiser spoke against adoption of the amendment.


The President declared the question before the Senate to be the adoption of the amendment by Senator Esser on page 2, line 18 to Engrossed House Bill No. 1268.


MOTION


      A division was demanded.

The motion by Senator Esser failed and the amendment was not adopted by a rising vote.

 

MOTION


Senator Doumit moved that the following amendment by Senators Doumit, Franklin, Swecker and Zarelli be adopted.

      On page 6, after "is" on line 10, strike everything down through and including "violation." on line 12, and insert the following:

      "(a) guilty of a class C felony; and (b) subject to a civil penalty not to exceed five hundred thousand dollars for each violation."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Doumit spoke in favor of adoption of the amendment.


The President declared the question before the Senate to be the adoption of the amendment by Senators Doumit, Franklin, Swecker and Zarelli on page 6, after line 10 to Engrossed House Bill No. 1268.

The motion by Senator Doumit carried and the amendment was adopted by voice vote.

 

MOTION


 

      Senator Stevens moved that the following striking amendment by Senator Stevens be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds and declares that:

      (1) An estimated one hundred twenty-eight million Americans suffer from chronic, degenerative, and acute diseases, including diabetes, Alzheimer's disease, cancer, Huntington's disease, Parkinson's disease, heart disease, and spinal cord injury. The crippling economic and psychological burdens of such diseases result in billions of dollars every year in costs of treatment and lost productivity as well as extreme human loss and emotional suffering.

      (2) Adult stem cell research continues to offer immense promise for developing new medical therapies for these debilitating diseases and a critical means to explore fundamental questions of biology. Stem cell research could lead to unprecedented treatments and potential cures for diabetes, Alzheimer's disease, Huntington's disease, Parkinson's disease, heart disease, spinal cord injury, and other diseases.

      (3) Stem cell therapy was born in Washington state over thirty years ago, with the pioneering work of nobel laureate, E. Donnall Thomas, and his colleagues at the Fred Hutchinson cancer research center. The Fred Hutchinson cancer research center remains the premier center for adult stem cell transplantation in the world. Support for adult stem cell research at this critical juncture represents a commitment to continue this distinguished legacy.

      (4) While adult stem cell research holds enormous potential for treating or even curing some diseases, the cloning of human beings is morally and ethically unacceptable. Furthermore, the cloning of human beings poses grave health risks to any child who may be produced in this manner. Any attempt to clone a human being is in direct conflict with the policies of this state.

      NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Cloning of a human being" means human asexual reproduction, accomplished by introducing nuclear material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism at any stage of development with a human or predominantly human genetic constitution that is genetically virtually identical to an existing or previously existing human organism.

      (2) "Diploid cell" means a cell which has a complete set of chromosomes.

      (3) "Human somatic cell" means a diploid cell obtained or derived from a living or deceased human at any stage of development.

      (4) "Oocyte" means the unfertilized human ovum.

      NEW SECTION. Sec. 3. (1) No person may knowingly engage or assist in cloning or attempted cloning of a human being.

(2) The attorney general may bring an action to enjoin any person from violating subsection (1) of this section.

(3) Any person who violates subsection (1) of this section is subject to a civil penalty not to exceed three hundred thousand dollars for each violation. Civil penalties authorized by this subsection may be imposed in any civil action brought by the attorney general.

(4) Any person may bring a cause of action for injunctive relief against a person or entity that is reasonably believed to be about to violate or is in the course of violating section (1) of this section.

(5) Nothing in this section shall be construed to restrict areas of biomedical, agricultural, and scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning technologies to clone molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.

      NEW SECTION. Sec. 4. 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."

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 1, on line 1 of the title, after "research;", strike the remainder of the title and insert "creating new sections; and prescribing penalties."

      Senators Stevens and Mulliken spoke in favor of adoption of the striking amendment.

      Senator Kohl-Welles spoke against adoption of the striking amendment.

 

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Stevens to Engrossed House Bill No. 1268.

 

MOTION

 

      A division was demanded.

      The motion by Senator Stevens failed and the striking amendment was not adopted by a rising vote.


MOTIONS


      On motion of Senator Kohl-Welles, the rules were suspended, Engrossed House Bill No. 1268, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

      Senator Benton demanded a roll call.


ROLL CALL


      The Secretary called the roll on the motion by Senator Kohl-Welles that the rules be suspended, the bill be advanced to third reading, the second reading considered the third and the bill be placed on final passage and the motion failed by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 26.

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Stevens, Swecker and Zarelli - 23.


MOTION

 

On motion of Senator Eide, further consideration of Engrossed House Bill No. 1268 was deferred and the bill held its place on the second reading calendar.


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1636, by House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Roberts, Kagi, Clements, Darneille, Hunt, Green, Kenney, Appleton, Chase, Jarrett, Kessler, Moeller, Morrell, Williams, Ormsby, Murray, Dickerson, Conway, Lantz, Wood, Haigh, McDermott, Santos and Hudgins)


 

      Adopting a wage ladder for child care workers.


      The measure was read the second time.


MOTION


Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles and Brown be adopted.

      On page 3, line 24, after "ladder." insert "The adoption of a child care career and wage ladder shall not prohibit the provision of wage increases based upon merit."

      Senator Kohl-Welles spoke in favor of adoption of the amendment.


The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl-Welles and Brown on page 3, line 24 to Engrossed House Bill No. 1268.

The motion by Senator Kohl-Welles carried and the amendment was adopted by voice vote.

 


MOTION


      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1636, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kohl-Welles spoke in favor of passage of the bill.

      Senators Parlette and Honeyford spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1636, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1636, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 27

      Voting nay: Senators Benson, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22

      SUBSTITUTE HOUSE BILL NO. 1636, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING

 

      SENATE BILL NO. 5247, by Senators Morton, Regala and Fraser

 

      Survivor benefits for ex spouses in the law enforcement officers' and fire fighters' retirement system, plan 1.


      The measure was read the second time.


MOTION


      On motion of Senator Morton, the rules were suspended, Senate Bill No. 5247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 5247.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5247 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Absent: Senator McCaslin - 1

      SENATE BILL NO. 5247, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


On motion of Senator Honeyford, Senator McCaslin was excused.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1495, by House Committee on Education (originally sponsored by Representatives McCoy, Roach, Simpson, P. Sullivan, McDermott, Santos, Appleton, Darneille, Williams, Hunt, Haigh, Chase, Sells, Conway, Kenney, Kagi, Moeller, Ormsby and Blake)

 

      Requiring that Washington's tribal history be taught in the common schools. Revised for 1st Substitute: Requiring that tribal history be taught in the common schools. (REVISED FOR PASSED LEGISLATURE: Encouraging tribal history to be included in the common school curriculum.)


      The measure was read the second time.


MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Early Learning, K-12 & Higher Education be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. It is the intent of the legislature to promote the full success of the centennial accord, which was signed by state and tribal government leaders in 1989. As those leaders declared in the subsequent millennial accord in 1999, this will require "educating the citizens of our state, particularly the youth who are our future leaders, about tribal history, culture, treaty rights, contemporary tribal and state government institutions and relations and the contribution of Indian nations to the state of Washington." The legislature recognizes that this goal has yet to be achieved in most of our state's schools and districts. As a result, Indian students may not find the school curriculum, especially Washington state history curriculum, relevant to their lives or experiences. In addition, many students may remain uninformed about the experiences, contributions, and perspectives of their tribal neighbors, fellow citizens, and classmates. The legislature further finds that the lack of accurate and complete curricula may contribute to the persistent achievement gap between Indian and other students. The legislature finds there is a need to establish collaborative government-to-government relationships between elected school boards and tribal councils to create local and/or regional curricula about tribal history and culture, and to promote dialogue and cultural exchanges that can help tribal leaders and school leaders implement strategies to close the achievement gap.

      NEW SECTION. Sec. 2. A new section is added to chapter 28A.345 RCW to read as follows:

      (1) Beginning in 2006, and at least once annually through 2010, the Washington state school directors' association is encouraged to convene regional meetings and invite the tribal councils from the region for the purpose of establishing government-to-government relationships and dialogue between tribal councils and school district boards of directors. Participants in these meetings should discuss issues of mutual concern, and should work to:

      (a) Identify the extent and nature of the achievement gap and strategies necessary to close it;

      (b) Increase mutual awareness and understanding of the importance of accurate, high-quality curriculum materials about the history, culture, and government of local tribes; and

      (c) Encourage school boards to identify and adopt curriculum that includes tribal experiences and perspectives, so that Indian students are more engaged and learn more successfully, and so that all students learn about the history, culture, government, and experiences of their Indian peers and neighbors.

      (2) By December 1, 2008, and every two years thereafter through 2012, the school directors' association shall report to the education committees of the legislature regarding the progress made in the development of effective government-to-government relations, the narrowing of the achievement gap, and the identification and adoption of curriculum regarding tribal history, culture, and government. The report shall include information about any obstacles encountered, and any strategies under development to overcome them.

      Sec. 3. RCW 28A.230.090 and 2004 c 19 s 103 are each amended to read as follows:

      (1) The state board of education shall establish high school graduation requirements or equivalencies for students.

      (a) Any course in Washington state history and government used to fulfill high school graduation requirements ((is encouraged to include)) shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.

      (b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation.

      (c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.

      (2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.

      (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.

      (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:

      (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or

      (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.

      (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.

      (6) At the college or university level, five quarter or three semester hours equals one high school credit.

      NEW SECTION. Sec. 4. A new section is added to chapter 28A.320 RCW to read as follows:

      (1) Each school district board of directors is encouraged to incorporate curricula about the history, culture, and government of the nearest tribe or tribes, so that students learn about the unique heritage and experience of their closest neighbors. School districts near Washington's borders are encouraged to include tribes whose traditional lands and territories included parts of Washington, but who now reside in Oregon, Idaho, and British Columbia. School districts and tribes are encouraged to work together to develop such curricula.

      (2) As they conduct regularly scheduled reviews and revisions of their social studies and history curricula, school districts are encouraged to collaborate with any tribe within their district, and with neighboring tribes, to incorporate expanded and improved curricular materials about tribes, and to create programs of classroom and community cultural exchanges.

      (3) School districts are encouraged to collaborate with the office of the superintendent of public instruction on curricular areas regarding tribal government and history that are statewide in nature, such as the concept of tribal sovereignty and the history of federal policy towards tribes. The program of Indian education within the office of the superintendent of public instruction is encouraged to help local school districts identify Indian tribes whose reservations are in whole or in part within the boundaries of the district and/or those that are nearest to the school district."

      Senator McAuliffe spoke in favor of adoption of the committee striking amendment.

 

MOTION

 

Senator McAuliffe moved that the following amendment by Senators McAuliffe and Schmidt to the committee striking amendment be adopted.

      Beginning on page 3, line 35 of the amendment, strike all of section 4 and insert the following:

      "NEW SECTION. Sec. 4. A new section is added to chapter 28A.320 RCW to read as follows:

      (1) Each school district board of directors is encouraged to incorporate curricula about the history, culture, and government of the nearest federally recognized Indian tribe or tribes, so that students learn about the unique heritage and experience of their closest neighbors. School districts near Washington's borders are encouraged to include federally recognized Indian tribes whose traditional lands and territories included parts of Washington, but who now reside in Oregon, Idaho, and British Columbia. School districts and tribes are encouraged to work together to develop such curricula.

      (2) As they conduct regularly scheduled reviews and revisions of their social studies and history curricula, school districts are encouraged to collaborate with any federally recognized Indian tribe within their district, and with neighboring Indian tribes, to incorporate expanded and improved curricular materials about Indian tribes, and to create programs of classroom and community cultural exchanges.

      (3) School districts are encouraged to collaborate with the office of the superintendent of public instruction on curricular areas regarding tribal government and history that are statewide in nature, such as the concept of tribal sovereignty and the history of federal policy towards federally recognized Indian tribes. The program of Indian education within the office of the superintendent of public instruction is encouraged to help local school districts identify federally recognized Indian tribes whose reservations are in whole or in part within the boundaries of the district and/or those that are nearest to the school district."

      Senators McAuliffe and Schmidt spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Schmidt on page 3, line 35 to the committee striking amendment to Substitute House Bill No. 1495.

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

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning, K-12 & Higher Education as amended to Substitute House Bill No. 1495.

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


MOTION


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

      On page 1, line 2 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 28A.230.090; adding a new section to chapter 28A.345 RCW; adding a new section to chapter 28A.320 RCW; and creating a new section."


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1495, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Roach spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1495, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1495, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 35; Nays, 9; Absent, 4; Excused, 1.

      Voting yea: Senators Benton, Berkey, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Kohl-Welles, McAuliffe, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 35

      Voting nay: Senators Benson, Brandland, Hewitt, Honeyford, Morton, Mulliken, Parlette, Schoesler and Stevens - 9

      Absent: Senators Brown, Deccio, Keiser and Kline - 4

      Excused: Senator McCaslin - 1

      SUBSTITUTE HOUSE BILL NO. 1495, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


PARLIAMENTARY INQUIRY


Senator Benton: “I had submitted an amendment to the bill that we just passed. I never saw it distributed and I don’t believe it was voted on. Did the Secretary receive an amendment from me on this bill?”


NOTICE FOR RECONSIDERATION

 

      Senator Benton gave notice of his intent to move to reconsider the vote by which Substitute House Bill No. 1495 passed the Senate.


MOTION


      At 6:52 p.m., on motion of Senator Eide, the Senate adjourned until 9:00 a.m. Friday, April 8, 2005.


BRAD OWEN, President of the Senate


THOMAS HOEMANN, Secretary of the Senate