WHEREAS, Thomas Dixon was the second youngest of five children born to James Dixon and Hattie Dixon in Sparta, Georgia, on March 28, 1931; and

      WHEREAS, Thomas Dixon honorably and respectfully served his nation through 13 years of service in the United States Air Force; and

      WHEREAS, Through the course of his service to the United States Air Force, Thomas Dixon received a Bachelor of Science degree from the Sophia University in Japan; and

      WHEREAS, Through the continued course of his service, Thomas Dixon was stationed at McChord Air Force base and came to reside in the city of Tacoma, Washington, after completing his duty with the Air Force; and

      WHEREAS, The National Urban League was founded in 1910 in order to enable African-Americans to secure economic self-reliance, parity, power, and equal opportunity; and

      WHEREAS, In 1966, Thomas Dixon was named chair of the organizing committee for the establishment of the Urban League in the City of Tacoma; and

      WHEREAS, Thomas Dixon was the founding President of the Tacoma Urban League when it opened its doors to the African-American community in 1968; and

      WHEREAS, Thomas Dixon, now President Emeritus of the Tacoma Urban League, dedicated more than 30 years to developing and implementing programs designed to train, inspire, empower, and provide employment and educational opportunities for the diverse populations of Tacoma; and

      WHEREAS, Because of his leadership and avid interest in educational programs, Thomas Dixon was awarded an honorary doctorate degree from the University of Puget Sound in 1988; and

      WHEREAS, Thomas Dixon, although officially retired from his assignments as President of the Tacoma Urban League, retains his position as the leader and prominent community icon of the City of Tacoma, the State of Washington, and parts of the nation;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby give honor and respect to Dr. Thomas Dixon for his commitment to excellence and his diligent work for the Tacoma Urban League, City of Tacoma, and the diverse communities of Washington State; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be transmitted to Dr. Thomas Dixon and his wife and the Executive Board of the Tacoma Urban League.

      Senators Franklin, Thibaudeau, Regala and Rasmussen spoke in favor of adoption of the resolution.

      The Vice President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8676.

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

MOTION

At 12:10 p.m., on motion of Senator Eide, the Senate was declared to be recessed until 1:30 p.m.

The Senate was called to order at 1:30 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. 1058, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Hinkle, Moeller, Kenney and Darneille)

      Revising provisions relating to mental health treatment for minors.

      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 not adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that, despite explicit statements in statute that the consent of a minor child is not required for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen or over if the minor does not also consent to treatment. The legislature intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents.

      NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:

      A minor child shall have no cause of action against an evaluation and treatment facility, inpatient facility, or provider of outpatient mental health treatment for admitting or accepting the minor in good faith for evaluation or treatment under RCW 71.34.052 or 71.34.054 based solely upon the minor's lack of consent if the minor's parent has consented to the evaluation or treatment.

      Sec. 3. RCW 71.34.052 and 1998 c 296 s 17 are each amended to read as follows:

      (1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility or an inpatient facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.

      (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.

      (3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.

      (4) No provider is obligated to provide treatment to a minor under the provisions of this section except that no provider may refuse to treat a minor under the provisions of this section solely on the basis that the minor has not consented to the treatment. No provider may admit a minor to treatment under this section unless it is medically necessary.

      (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

      (6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.

      (((7) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.))"

      On page 1, line 1 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 71.34.052; adding a new section to chapter 71.34 RCW; and creating a new section."

      Senator Hargrove spoke in favor of the motion to not adopt the committee striking amendment.

      The President Pro Tempore declared the question before the Senate to be the motion by Senator Hargrove to not adopt the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 1058.

      The motion by Senator Hargrove carried and the committee striking amendment was not adopted by voice vote.

MOTION

      Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that, despite explicit statements in statute that the consent of a minor child is not required for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen or over if the minor does not also consent to treatment. The legislature intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents.

      NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:

      A minor child shall have no cause of action against an evaluation and treatment facility, inpatient facility, or provider of outpatient mental health treatment for admitting or accepting the minor in good faith for evaluation or treatment under RCW 71.34.052 or 71.34.054 based solely upon the minor's lack of consent if the minor's parent has consented to the evaluation or treatment.

      Sec. 3. RCW 71.34.052 and 1998 c 296 s 17 are each amended to read as follows:

      (1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility or an inpatient facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.

      (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.

      (3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.

      (4) No provider is obligated to provide treatment to a minor under the provisions of this section except that no provider may refuse to treat a minor under the provisions of this section solely on the basis that the minor has not consented to the treatment. No provider may admit a minor to treatment under this section unless it is medically necessary.

      (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

      (6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.

      (((7) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.))

      NEW SECTION. Sec. 4. (1) The code reviser shall recodify, as necessary, the following sections of chapter 71.34 RCW in the following order, using the indicated subchapter headings:

      General

      71.34.010

      71.34.020

      71.34.140

      71.34.032

      71.34.250

      71.34.280

      71.34.260

      71.34.240

      71.34.230

      71.34.210

      71.34.200

      71.34.225

      71.34.220

      71.34.160

      71.34.190

      71.34.170

      71.34.290

      71.34.056

      71.34.800

      71.34.805

      71.34.810

      71.34.015

      71.34.027

      71.34.130

      71.34.270

      Minor-Initiated Treatment

      71.34.042

      71.34.044

      71.34.046

      71.34.030

      Parent-Initiated Treatment

      71.34.052

      71.34.025

      71.34.162

      71.34.164

      71.34.035

      71.34.054

      Involuntary Commitment

      71.34.040

      71.34.050

      71.34.060

      71.34.070

      71.34.080

      71.34.090

      71.34.100

      71.34.120

      71.34.110

      71.34.150

      71.34.180

      Technical

      71.34.900

      71.34.901

      (2) The code reviser shall correct all statutory references to sections recodified by this section."

      Senator Hargrove spoke in favor of adoption of the striking amendment.

      The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute House Bill No. 1058.

      The motion by Senator Hargrove 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 1 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 71.34.052; adding new sections to chapter 71.34 RCW; creating a new section; and recodifying RCW 71.34.010, 71.34.020, 71.34.140, 71.34.032, 71.34.250, 71.34.280, 71.34.260, 71.34.240, 71.34.230, 71.34.210, 71.34.200, 71.34.225, 71.34.220, 71.34.160, 71.34.190, 71.34.170, 71.34.290, 71.34.056, 71.34.800, 71.34.805, 71.34.810, 71.34.015, 71.34.027, 71.34.130, 71.34.270, 71.34.042, 71.34.044, 71.34.046, 71.34.030, 71.34.052, 71.34.025, 71.34.162, 71.34.164, 71.34.035, 71.34.054, 71.34.040, 71.34.050, 71.34.060, 71.34.070, 71.34.080, 71.34.090, 71.34.100, 71.34.120, 71.34.110, 71.34.150, 71.34.180, 71.34.900, and 71.34.901."

MOTION

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 1058 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 Hargrove and Stevens spoke in favor of passage of the bill.

MOTIONS

On motion of Senator Mulliken, Senators Morton, McCaslin, Benton, Benson, Hewitt, Parlette, Johnson, Swecker, Honeyford, Kastama, Pflug, Finkbeiner and Zarelli were excused.

POINT OF ORDER

Senator Deccio: “Would you entertain a motion for a call of the senate or adjourn, one of the two, since we don’t have a quorum?”

REPLY BY THE PRESIDENT PRO TEMPORE

      Senator Franklin: “Senator I don’t think that is in order. Thank you.”

MOTION

On motion of Senator Regala, Senator Fraser was excused.

      The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1058, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1058, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators 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, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 42

      Excused: Senators Benson, Benton, Hewitt, Honeyford, Oke, Parlette and Pflug - 7

      SUBSTITUTE HOUSE BILL NO. 1058, 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. 1261, by Representatives Morrell, Haigh, Wallace, Campbell, O'Brien, McCoy, Moeller, Kenney, Hasegawa, Green, Lantz, Flannigan, Williams, Dunshee, B. Sullivan, Kilmer, Strow, Upthegrove, Darneille, Springer, Hunt, Sells, P. Sullivan, Tom, Talcott, McCune, Serben, McDonald, Conway, Linville, Kristiansen, Chase, Ormsby, Santos and Kagi

      Making the joint committee on veterans' and military affairs permanent.

      The measure was read the second time.

MOTION

      On motion of Senator Schmidt, the rules were suspended, House Bill No. 1261 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Schmidt, Roach, Rasmussen and Swecker 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. 1261.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1261 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; 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, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Absent: Senator Finkbeiner - 1

      Excused: Senators Hewitt, Honeyford, Oke, Parlette and Pflug - 5

      HOUSE BILL NO. 1261, 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 McCaslin, Senator Finkbeiner was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1299, by House Committee on Finance (originally sponsored by Representatives McIntire, Simpson, Morrell, McCoy, Roberts, Moeller, Wood and Chase)

      Repealing outdated and unused tax preferences.

      The measure was read the second time.

MOTION

      Senator Prentice 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 a number of tax exemptions, deductions, credits, and other preferences have outlived their usefulness. State records show no taxpayers have claimed relief under these tax preferences in recent years. The intent of this act is to update and simplify the tax statutes by repealing these outdated tax preferences.

      Sec. 2. RCW 15.76.165 and 1973 c 117 s 1 are each amended to read as follows:

      Any county which owns or leases property from another governmental agency and provides such property for area or county and district agricultural fair purposes may apply to the director for special assistance in carrying out necessary capital improvements to such property and maintenance of the appurtenances thereto((, and in the event such property and capital improvements are leased to any organization conducting an agricultural fair pursuant to chapter 15.76 RCW and chapter 257 of the Laws of 1955, such leasehold and such leased property shall be exempt from real and personal property taxation)).

      Sec. 3. RCW 43.52.460 and 1971 ex.s. c 75 s 1 are each amended to read as follows:

      Any joint operating agency formed under this chapter shall pay in lieu of taxes payments in the same amounts as paid by public utility districts. Such payments shall be distributed in accordance with the provisions applicable to public utility districts((: PROVIDED, HOWEVER, That such tax shall not apply to steam generated electricity produced by a nuclear steam powered electric generating facility constructed or acquired by a joint operating agency and in operation prior to May 17, 1971)).

      Sec. 4. RCW 82.04.260 and 2003 2nd sp.s. c 1 s 4 and 2003 2nd sp.s. c 1 s 3 are each reenacted and amended to read as follows:

      (1) Upon every person engaging within this state in the business of manufacturing:

      (a) Wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent;

      (b) Seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent;

      (c) By canning, preserving, freezing, processing, or dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen, processed, or dehydrated by the seller and sold to purchasers who transport in the ordinary course of business the goods out of this state; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen, processed, or dehydrated multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record;

      (d) Dairy products that as of September 20, 2001, are identified in 21 C.F.R., chapter 1, parts 131, 133, and 135, including byproducts from the manufacturing of the dairy products such as whey and casein; or selling the same to purchasers who transport in the ordinary course of business the goods out of state; as to such persons the tax imposed shall be equal to the value of the products manufactured multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record;

      (e) Alcohol fuel, biodiesel fuel, or biodiesel feedstock, as those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be equal to the value of alcohol fuel, biodiesel fuel, or biodiesel feedstock manufactured, multiplied by the rate of 0.138 percent. This subsection (1)(e) expires July 1, 2009; and

      (f) Alcohol fuel or wood biomass fuel, as those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be equal to the value of alcohol fuel or wood biomass fuel manufactured, multiplied by the rate of 0.138 percent.

      (2) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.138 percent.

      (3) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.

      (4) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.

      (5) ((Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.

      (6) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.

      (7))) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

      (((8))) (6) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.

      (((9))) (7) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.275 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.

      (((10))) (8) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.

      If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.

      (((11))) (9) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.484 percent.

      (((12))) (10) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.

      (((13))) (11)(a) Beginning October 1, 2005, upon every person engaging within this state in the business of manufacturing commercial airplanes, or components of such airplanes, as to such persons the amount of tax with respect to such business shall, in the case of manufacturers, be equal to the value of the product manufactured, or in the case of processors for hire, be equal to the gross income of the business, multiplied by the rate of:

      (i) 0.4235 percent from October 1, 2005, through the later of June 30, 2007, or the day preceding the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550; and

      (ii) 0.2904 percent beginning on the later of July 1, 2007, or the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550.

      (b) Beginning October 1, 2005, upon every person engaging within this state in the business of making sales, at retail or wholesale, of commercial airplanes, or components of such airplanes, manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the airplanes or components multiplied by the rate of:

      (i) 0.4235 percent from October 1, 2005, through the later of June 30, 2007, or the day preceding the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550; and

      (ii) 0.2904 percent beginning on the later of July 1, 2007, or the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550.

      (c) For the purposes of this subsection (((13))) (11), "commercial airplane," "component," and "final assembly of a superefficient airplane" have the meanings given in RCW 82.32.550.

      (d) In addition to all other requirements under this title, a person eligible for the tax rate under this subsection (((13))) (11) must report as required under RCW 82.32.545.

      (e) This subsection (((13))) (11) does not apply after the earlier of: July 1, 2024; or December 31, 2007, if assembly of a superefficient airplane does not begin by December 31, 2007, as determined under RCW 82.32.550.

      Sec. 5. RCW 82.08.0255 and 1998 c 176 s 4 are each amended to read as follows:

      (1) The tax levied by RCW 82.08.020 shall not apply to sales of((:

      (a) Motor vehicle fuel used in aircraft by the manufacturer thereof for research, development, and testing purposes; and

      (b))) motor vehicle and special fuel if:

      (((i))) (a) The fuel is purchased for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(3); or

      (((ii))) (b) The fuel is purchased by a private, nonprofit transportation provider certified under chapter 81.66 RCW and the purchaser is entitled to a refund or an exemption under RCW 82.36.285 or 82.38.080(1)(h); or

      (((iii))) (c) The fuel is taxable under chapter 82.36 or 82.38 RCW.

      (2) Any person who has paid the tax imposed by RCW 82.08.020 on the sale of special fuel delivered in this state shall be entitled to a credit or refund of such tax with respect to fuel subsequently established to have been actually transported and used outside this state by persons engaged in interstate commerce. The tax shall be claimed as a credit or refunded through the tax reports required under RCW 82.38.150.

      Sec. 6. RCW 82.12.0256 and 1998 c 176 s 5 are each amended to read as follows:

      The provisions of this chapter shall not apply in respect to the use of:

      (1) ((Motor vehicle fuel used in aircraft by the manufacturer thereof for research, development, and testing purposes; and

      (2))) Special fuel purchased in this state upon which a refund is obtained as provided in RCW 82.38.180(2); and

      (((3))) (2) Motor vehicle and special fuel if:

      (a) The fuel is used for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(3); or

      (b) The fuel is purchased by a private, nonprofit transportation provider certified under chapter 81.66 RCW and the purchaser is entitled to a refund or an exemption under RCW 82.36.285 or 82.38.080(1)(h); or

      (c) The fuel is taxable under chapter 82.36 or 82.38 RCW: PROVIDED, That the use of motor vehicle and special fuel upon which a refund of the applicable fuel tax is obtained shall not be exempt under this subsection (((3))) (2)(c), and the director of licensing shall deduct from the amount of such tax to be refunded the amount of tax due under this chapter and remit the same each month to the department of revenue.

      NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

      (1) RCW 82.35.010 (Intent) and 1979 ex.s. c 191 s 1;

      (2) RCW 82.35.020 (Definitions) and 1996 c 186 s 521 & 1979 ex.s. c 191 s 2;

      (3) RCW 82.35.040 (Issuance of certificate--Limitations--Tabulation of costs incurred--Administrative rules) and 1982 1st ex.s. c 2 s 3 & 1979 ex.s. c 191 s 4;

      (4) RCW 82.35.050 (Credit against taxes--Conditions--Amount--Limitations) and 1982 1st ex.s. c 2 s 1 & 1979 ex.s. c 191 s 5;

      (5) RCW 82.35.070 (Issuance of certificate or supplement and notice of refusal to issue certificate or supplement--Certified mail) and 1979 ex.s. c 191 s 7;

      (6) RCW 82.35.080 (Revocation of certificate--Grounds--Continuance of certificate--Liability for money saved--Technical assistance) and 1999 c 358 s 15, 1996 c 186 s 522, & 1979 ex.s. c 191 s 8;

      (7) RCW 82.35.900 (Severability--1979 ex.s. c 191) and 1979 ex.s. c 191 s 13;

      (8) RCW 82.61.010 (Definitions) and 1995 1st sp.s. c 3 s 10, 1994 c 125 s 1, 1988 c 41 s 1, 1987 c 497 s 1, 1986 c 116 s 9, & 1985 ex.s. c 2 s 1;

      (9) RCW 82.61.030 (Tax deferral--Eligibility) and 1987 c 497 s 3 & 1985 ex.s. c 2 s 3;

      (10) RCW 82.61.050 (Issuance of tax deferral certificate) and 1985 ex.s. c 2 s 4;

      (11) RCW 82.61.060 (Repayment schedule) and 1987 c 497 s 4 & 1985 ex.s. c 2 s 5;

      (12) RCW 82.61.080 (Applicability of general administrative provisions) and 1985 ex.s. c 2 s 7;

      (13) RCW 82.61.090 (Applications and information subject to disclosure) and 1987 c 49 s 2;

      (14) RCW 82.61.900 (Severability--1987 c 497) and 1987 c 497 s 5;

      (15) RCW 82.61.901 (Severability--1988 c 41) and 1988 c 41 s 6;

      (16) RCW 48.14.029 (Premium tax credit--New employment for international service activities in eligible areas--Designation of census tracts for eligibility--Records--Tax due upon ineligibility--Interest assessment--Information from employment security department) and 2003 c 248 s 3 & 1998 c 313 s 3;

      (17) RCW 82.04.4329 (Deductions--Health insurance pool members--Deficit assessments) and 1987 c 431 s 24;

      (18) RCW 82.08.0276 (Exemptions--Sales of wearing apparel for use only as a sample for display for sale) and 1980 c 37 s 42;

      (19) RCW 82.08.0295 (Exemptions--Lease amounts and repurchase amount for certain property under sale/leaseback agreement) and 1986 c 231 s 3;

      (20) RCW 82.12.0295 (Exemptions--Lease amounts and repurchase amount for certain property under sale/leaseback agreement) and 1986 c 231 s 4;

      (21) RCW 82.12.02545 (Exemption--Use of naval aircraft training equipment transferred due to base closure) and 1995 c 128 s 1; and

      (22) RCW 84.56.450 (Year 2000 failure--No interest or penalties--Payment of tax) and 1999 c 369 s 6.

      NEW SECTION. Sec. 8. This act takes effect July 1, 2006."

      The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 1299.

      The motion by Senator Prentice 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 "preferences;" strike the remainder of the title and insert "amending RCW 15.76.165, 43.52.460, 82.08.0255, and 82.12.0256; reenacting and amending RCW 82.04.260; creating a new section; repealing RCW 82.35.010, 82.35.020, 82.35.040, 82.35.050, 82.35.070, 82.35.080, 82.35.900, 82.61.010, 82.61.030, 82.61.050, 82.61.060, 82.61.080, 82.61.090, 82.61.900, 82.61.901, 48.14.029, 82.04.4329, 82.08.0276, 82.08.0295, 82.12.0295, 82.12.02545, and 84.56.450; and providing an effective date."

MOTION

      On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1299, 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 Prentice 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. 1299, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1299, as amended by the Senate 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, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Excused: Senators Hewitt, Honeyford, Oke, Parlette and Pflug - 5

      SUBSTITUTE HOUSE BILL NO. 1299, 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

      SUBSTITUTE HOUSE BILL NO. 1560, by House Committee on Higher Education (originally sponsored by Representatives Sells, Campbell, Fromhold, McCoy and Chase)

      Authorizing community colleges to deduct certain payments from tuition waivers.

      The measure was read the second time.

MOTION

      On motion of Senator Pridemore, the rules were suspended, Substitute House Bill No. 1560 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Pridemore and Schmidt 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. 1560.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1560 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, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

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

      SUBSTITUTE HOUSE BILL NO. 1560, 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.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Keiser that amendment number 580 to the committee striking amendment of Engrossed Substitute House Bill No. 2060 is beyond the scope and object of the underlying bill, the President finds and rules as follows:

      Senator Deccio argues that both his amendment and the underlying bill share a common goal: expanding the coverage options available to uninsured people through the Health Care Authority. While the President agrees that they share similar goals, the measures take different approaches in trying to meet them. The underlying measure would require certain persons applying for enrollment in the Basic Health Plan to complete a standard health questionnaire. The results of this questionnaire are then used to determine eligibility for the high-risk insurance pool or the Basic Health Plan. The amendment requires the Health Care Authority to implement a program to assist small employers in providing health care coverage to their employees. While the goals may be similar, the President must first and foremost look to the language within the four corners of the underlying measure and the amendment.

      In this case, adding a whole new program is an expansion clearly not contemplated by the measure before us, which applies questionnaires and eligibility for existing programs. For these reasons, Senator Keiser’s point is well-taken. The amendment is beyond the scope and object of the bill and is not properly before us.”

      The Senate resumed consideration of Engrossed Substitute House Bill No. 2060 which was deferred earlier today.

      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 Engrossed Substitute House Bill No. 2060.

      The motion by Senator Deccio 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 “programs;” strike the remainder of the title and insert “amending RCW 48.41.100 and 70.47.020; and adding a new section to chapter 70.47 RCW.”

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Substitute House Bill No. 2060, 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.

      Senators Parlette, Deccio and Finkbeiner 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. 2060, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2060, as amended by the Senate and the bill failed to pass the Senate by the following vote: Yeas, 21; Nays, 26; Absent, 1; Excused, 1.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 21

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 26

      Absent: Senator Kastama - 1

      Excused: Senator Oke - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2060, as amended by the Senate, having failed to received the constitutional majority, was declared lost.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1314, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Darneille, Upthegrove, Lovick, Lantz, Simpson, Morrell, Williams, Conway, Roberts, Moeller, Kenney, Wood, Kagi, McDermott, Santos, Chase and Ormsby)

      Creating the domestic violence prevention account.

      The measure was read the second time.

MOTION

      Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. 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:

      (1) 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;

      (2) 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;

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

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

      (5) 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;

      (6) For searching records per hour, eight dollars;

      (7) 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;

      (8) 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;

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

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

      (11) For recording instruments, a surcharge as provided in RCW 36.22.178.

      Sec. 2. RCW 36.18.016 and 2002 c 338 s 2 are each amended to read as follows:

      (1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.

      (2)(a) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of twenty dollars must be paid.

      (b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity of marriage shall pay, at the time and in addition to the filing fee required under RCW 36.18.020, a fee of thirty dollars. The clerk of the superior court shall transmit monthly twenty-four dollars of the thirty-dollar fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be retained by the county for the purpose of supporting community-based services within the county for victims of domestic violence, except for five percent of the six dollars, which may be retained by the court for administrative purposes.

      (3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of two hundred fifty dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional one hundred twenty-five dollar fee will be required of the party demanding the increased number of jurors.

      (b) Upon conviction in criminal cases a jury demand charge of fifty dollars for a jury of six, or one hundred dollars for a jury of twelve may be imposed as costs under RCW 10.46.190.

      (4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk's office, with or without seal, for the first page or portion of the first page, a fee of two dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of one dollar for each additional seal affixed must be charged.

      (5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.

      (6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.

      (7) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.

      (8) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.

      (9) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.

      (10) For clerk's services such as processing ex parte orders, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.

      (11) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.

      (12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.

      (13) For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.

      (14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be charged.

      (15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one hundred ten dollars must be charged.

      (16) A facilitator surcharge of ten dollars must be charged as authorized under RCW 26.12.240.

      (17) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.

      (18) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.

      (19) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.

      (20) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.

      (21) Investment service charge and earnings under RCW 36.48.090 must be charged.

      (22) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.

      (23) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed two hundred twenty dollars as established by authority of local ordinance. This charge shall be used solely to offset the cost of the mandatory arbitration program.

      (24) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.

      NEW SECTION. Sec. 3. A new section is added to chapter 70.123 RCW to read as follows:

      The domestic violence prevention account is created in the state treasury. All receipts from fees imposed for deposit in the domestic violence prevention account under RCW 36.18.016 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding nonshelter community-based services for victims of domestic violence.

      Sec. 4. RCW 70.123.030 and 1989 1st ex.s. c 9 s 235 are each amended to read as follows:

      The department of social and health services, in consultation with the state department of health, and individuals or groups having experience and knowledge of the problems of victims of domestic violence, shall:

      (1) Establish minimum standards for shelters applying for grants from the department under this chapter. Classifications may be made dependent upon size, geographic location, and population needs;

      (2) Receive grant applications for the development and establishment of shelters for victims of domestic violence;

      (3) Distribute funds, within forty-five days after approval, to those shelters meeting departmental standards;

      (4) Evaluate biennially each shelter receiving departmental funds for compliance with the established minimum standards; ((and))

      (5) Review the minimum standards each biennium to ensure applicability to community and client needs; and

      (6) Administer funds available from the domestic violence prevention account under section 3 of this act and establish minimum standards for preventive, nonshelter community-based services receiving funds administered by the department. Preventive, nonshelter community-based services include services for victims of domestic violence from communities that have been traditionally underserved or unserved and services for children who have witnessed domestic violence.

      Sec. 5. RCW 36.18.020 and 2000 c 9 s 1 are each amended to read as follows:

      (1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.

      (2) Clerks of superior courts shall collect the following fees for their official services:

      (a) In addition to any other fee required by law, the party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, adoption, or change of name, shall pay, at the time the paper is filed, a fee of one hundred ten dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of thirty dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee. The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.

      (b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the paper is filed, a fee of one hundred ten dollars.

      (c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of one hundred ten dollars.

      (d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of forty-one dollars.

      (e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of one hundred ten dollars.

      (f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars.

      (g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of one hundred ten dollars.

      (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of one hundred ten dollars.

      (i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

      (3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.

      Sec. 6. RCW 36.18.022 and 1995 c 292 s 16 are each amended to read as follows:

      The court may waive the filing fees provided for under RCW 36.18.016(2)(b) and 36.18.020(2) (a) and (b) upon affidavit by a party that the party is unable to pay the fee due to financial hardship."

      Senators Kline and Esser 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 Judiciary to Engrossed Substitute House Bill No. 1314.

      The motion by Senator Kline 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 "account;" strike the remainder of the title and insert "amending RCW 36.18.010, 36.18.016, 70.123.030, 36.18.020, and 36.18.022; and adding a new section to chapter 70.123 RCW."

MOTION

      On motion of Senator Kline, the rules were suspended, Engrossed Substitute House Bill No. 1314 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 Kline spoke in favor of passage of the bill.

      Senator Pflug spoke against passage of the bill.

MOTION

      On motion of Senator Hewitt, Senator Delvin was excused.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1314, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1314, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 38

      Voting nay: Senators Carrell, Mulliken, Parlette, Pflug, Poulsen, Roach, Schoesler, Sheldon and Stevens - 9

      Excused: Senators Delvin and Oke - 2

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1314, 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. 1310, by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Conway, McCoy, Condotta, Wood and Chase)

      Requiring mandatory electronic data reporting under Title 51 RCW for workers' compensation self-insurers.

      The measure was read the second time.

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1310 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette 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. 1310.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1310 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Delvin and Oke - 2

      SUBSTITUTE HOUSE BILL NO. 1310, 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 2:41 p.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 3:46 p.m. by President Owen.

PERSONAL PRIVILEGE

Senator Benson: “Thank you Mr. President. Well, to everybody, I need to say a very brief ‘Good bye.’ I know some people would be sad for even a brief good bye and other people would be sad that it’s only brief. I have been called to duty just for a couple of days back at Fairchild Air Force Base and, because of state law, when I’m called to duty and I’m put on active duty orders I have the option, working with my county commissioners, to appoint a replacement. So you’re actually getting a replacement Senator for two days. I’m not done, you can hold your applause. Anyway, for the next couple of days you’ll have a replacement. This is actually only the second time in state history this has been done. It was done once before with Mike Kriedler when he was in the State Senate. He was a reserve officer and he was also an optometrist. During the first Persian Golf War he was activated and his wife served the entire 1991 session, I believe it was ’91, so this is actually only the second time. Like I say, sorry, it’s not for the whole session, it’s just for two days. I will be back Sunday if you’re on the floor Sunday and if not I will be back with you guys on Monday. I hope you’ll make John Wyss feel very comfortable, he’s a great person from my district. I know you’ll grow to like him as much as we have and that’s all I need to say. I did tell him about the deal about if he ever gets up, he has to give a gift so I’m not sure. But I also told him you get away with an IOU for quite a while. Thank you Mr. President.”

SPOKANE COUNTY COUNCIL SIGNATURE REPORT

SPOKANE COUNTY, WASHINGTON

April 12, 2005

Tom Hoemann

Secretary of the Senate

P. O. Box 40482

Olympia, WA 98504-0482

RE: Leave of absence by Brad Benson, 6^th District State Senator

Dear Secretary Hoemann,

      Consistent with the provisions of RCW 73.16.041, the Board of County Commissioners has granted a leave of absence to Brad Benson, 6^th District State Senator, for the time frame commencing approximately April 14, 2005 and running approximately through April 16, 2005 and /or April 17, 2005.

      The Board of County Commissioners had additionally appoint Jon Wyss as a temporary successor to Senator Benson’s position during his leave of absence.

      A certified copy of Spokane County Resolution No. 50327 documenting the above actions is enclosed for your records.

Sincerely,

VICKY M. DALTON, Clerk of the Board

Motion 50327

Resolution No. 5-0327

In the matter of appointing Jon Wyss temporary successor to fill the position of 6^th District State Senator due to Senator Brad Benson entering active service or training as provided for under RCW 73.16.041.

      WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and

      WHEREAS, pursuant to the provisions of RCW 73.16.041 when any elected officer of the state shall enter active service or training as provided for in RCW 73.16.031, 73.16.033, and 73.16.035 the Board which would ordinarily fill the vacancy created by the death or resignation of the elected official so ordered to such service shall grant an extended leave of absence to cover the period of such active service or training and may appoint a temporary successor to the position so vacated. No leave of absence provided for in this statute shall operate to extend the term for which the occupant of any elected position shall have been elected; and

      WHEREAS, Brad Benson, 6^th District State Senator, has advised the Board of County Commissioners that he has been called to active service or training for a time frame commencing approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005; and

      WHEREAS, pursuant to the provisions of RCW 73.16.041, the Board of County Commissioners is desirous of granting a leave of absence to Brad Benson, 6^th District State Senator for a time frame from approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005 as well as appointing a temporary successor to the position so vacated.

      NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, pursuant to the provisions of RCW 73.16.041, that the Board does hereby:

      1. Grant a leave of absence to Brad Benson, 6^th District State Senator to cover the period of his active service and/or training for the time frame from approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005.

      2. Appoint Jon Wyss as temporary successor of 6^th District State Senator for the time frame from approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005.

Passed and adopted this 12^th date of April, 2005.

BOARD OF COUNTY COMMISSIONER

OF SPOKANE, COUNTY, WASHINGTON

PHILLIP D. HARRIS, Chair

TODD MIELKE, Vice Chair

MARK RICHARD, Commissioner

APPOINTMENT OF SPECIAL COMMITTEE

The President of the Senate appointed a committee of honor consisting of Senators Brown and Finkbeiner to escort The Honorable Gerry Alexander, Chief Justice of the Washington State Supreme Court to the rostrum.

The President welcomed and introduced The Honorable Gary Alexander, Chief Justice of the Supreme Court of the State of Washington, who was present to administer the oath of office to newly-appointed senator.

      The newly-appointed senator was present at the rostrum. Chief Justice Alexander thereupon administered the oath of office to the newly appointed member.

      The President presented the newly-appointed Senator a certificate of appointment.

The committee escorted the newly-elected member to his seat in the chamber.

      The Sergeant at Arms escorted Chief Justice Alexander from the rostrum.

PARLIAMENTARY INQUIRY

Senator Hewitt: “Does this mean we have two, an additional vote on the floor at this time.”

REPLY BY THE PRESIDENT

President Owen: “Wishful thinking.”

PARLIAMENTARY INQUIRY

Senator Jacobsen: “I am curious and is, Senator Benson automatically, is he still considered a Senator from his.... How is that handled in regards to votes and so on. Really, seriously. I was just wondering about how this is handled.”

REPLY BY THE PRESIDENT

President Owen: “Senator Jacobsen, in response to your point of inquiry, when Senator Benson departs, then Senator Wyss will take his place. As Senator Benson is in the vicinity of the chamber as serving – not serving with his military responsibilities and here – he will be the Senator and voting. As you can see, he has his umbrella and he is departing at this time. Good luck, Senator.”

PERSONAL PRIVILEGE

Senator Brown: “Well, maybe a little too late because he’s heading out the door. I just wanted to tell Senator Benson, wish him well. And, welcome our new Senator from Spokane - encourage him to keep an open mind. As a couple of our Senators could school you in independence in voting. Just weigh each issue carefully and make up your own mind. And then, finally, what I was going to say to Senator Benson before he headed out the door: While I’m very pleased with the substitute he’s come up with, Senator Jill Benson would of worked for me as well.”

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1266, by House Committee on Transportation (originally sponsored by Representatives Murray, Woods and Kenney)

      Updating laws on drugs and alcohol use by commercial drivers.

      The measure was read the second time.

MOTION

      Senator Swecker 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. It is the intent of the legislature to promote the safety of drivers and passengers on Washington roads and public transportation systems. To this end, Washington has established a reporting requirement for employers of commercial drivers who test positive for unlawful substances. The legislature recognizes that transit operators and their employers are an asset to the public transportation system and continuously strive to provide a safe and efficient mode of travel. In light of this, the legislature further intends that the inclusion of transit employers in the reporting requirements serve only to enhance the current efforts of these dedicated employers and employees as they continue to provide a safe public transportation system to the citizens of Washington.

      Sec. 2. RCW 46.25.010 and 2004 c 187 s 2 are each amended to read as follows:

      The definitions set forth in this section apply throughout this chapter.

      (1) "Alcohol" means any substance containing any form of alcohol, including but not limited to ethanol, methanol, propanol, and isopropanol.

      (2) "Alcohol concentration" means:

      (a) The number of grams of alcohol per one hundred milliliters of blood; or

      (b) The number of grams of alcohol per two hundred ten liters of breath.

      (3) "Commercial driver's license" (CDL) means a license issued in accordance with the requirements of this chapter to an individual that authorizes the individual to drive a class of commercial motor vehicle.

      (4) The "commercial driver's license information system" (CDLIS) is the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

      (5) "Commercial driver's instruction permit" means a permit issued under RCW 46.25.060(5).

      (6) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property:

      (a) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds;

      (b) If the vehicle is designed to transport sixteen or more passengers, including the driver;

      (c) If the vehicle is transporting hazardous materials as defined in this section; or

      (d) If the vehicle is a school bus regardless of weight or size.

      (7) "Conviction" has the definition set forth in RCW 46.20.270.

      (8) "Disqualification" means a prohibition against driving a commercial motor vehicle.

      (9) "Drive" means to drive, operate, or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes operation or physical control of a motor vehicle anywhere in the state.

      (10) "Drugs" are those substances as defined by RCW 69.04.009, including, but not limited to, those substances defined by 49 C.F.R. 40.3.

      (11) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.

      (12) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single or a combination or articulated vehicle, or the registered gross weight, where this value cannot be determined. The GVWR of a combination or articulated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power unit plus the GVWR of the towed unit or units.

      (13) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. Sec. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.

      (14) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

      (15) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle.

      (16) "Positive alcohol confirmation test" means an alcohol confirmation test that:

      (a) Has been conducted by a breath alcohol technician under 49 C.F.R. 40; and

      (b) Indicates an alcohol concentration of 0.04 or more.

      A report that a person has refused an alcohol test, under circumstances that constitute the refusal of an alcohol test under 49 C.F.R. 40, will be considered equivalent to a report of a positive alcohol confirmation test for the purposes of this chapter.

      (17) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.

      (((17))) (18) "Serious traffic violation" means:

      (a) Excessive speeding, defined as fifteen miles per hour or more in excess of the posted limit;

      (b) Reckless driving, as defined under state or local law;

      (c) A violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;

      (d) Driving a commercial motor vehicle without obtaining a commercial driver's license;

      (e) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession; however, any individual who provides proof to the court by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, is not guilty of a "serious traffic offense";

      (f) Driving a commercial motor vehicle without the proper class of commercial driver's license endorsement or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported; and

      (g) Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, that the department determines by rule to be serious.

      (((18))) (19) "State" means a state of the United States and the District of Columbia.

      (((19))) (20) "Substance abuse professional" means an alcohol and drug specialist meeting the credentials, knowledge, training, and continuing education requirements of 49 C.F.R. 40.281.

      (21) "Tank vehicle" means a vehicle that is designed to transport a liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Tank vehicles include, but are not limited to cargo tanks and portable tanks. However, this definition does not include portable tanks having a rated capacity under one thousand gallons.

      (((20))) (22) "United States" means the fifty states and the District of Columbia.

      (23) "Verified positive drug test" means a drug test result or validity testing result from a laboratory certified under the authority of the federal department of health and human services that:

      (a) Indicates a drug concentration at or above the cutoff concentration established under 49 C.F.R. 40.87; and

      (b) Has undergone review and final determination by a medical review officer.

      A report that a person has refused a drug test, under circumstances that constitute the refusal of a federal department of transportation drug test under 49 C.F.R. 40, will be considered equivalent to a report of a verified positive drug test for the purposes of this chapter.

      Sec. 3. RCW 46.25.123 and 2002 c 272 s 1 are each amended to read as follows:

      (1) All medical review officers or breath alcohol technicians hired by or under contract to a motor carrier or employer who employs drivers who operate commercial motor vehicles and who is required to have a testing program conducted under the procedures established by 49 C.F.R. ((382)) 40 or to a consortium the carrier or employer belongs to, as defined in 49 C.F.R. ((382.17)) 40.3, shall report the finding of a commercial motor vehicle driver's ((confirmed)) verified positive drug test or positive alcohol confirmation test to the department of licensing on a form provided by the department. If the employer is required to have a testing program under 49 C.F.R. 655, a report of a verified positive drug test or positive alcohol confirmation test must not be forwarded to the department under this subsection unless the test is a pre-employment drug test conducted under 49 C.F.R. 655.41 or a pre-employment alcohol test conducted under 49 C.F.R. 655.42.

      (2)(a) A motor carrier or employer who employs drivers who operate commercial motor vehicles and who is required to have a testing program conducted under the procedures established by 49 C.F.R. 40, or the consortium the carrier or employer belongs to, must report a refusal by a commercial motor vehicle driver to take a drug or alcohol test, under circumstances that constitute the refusal of a test under 49 C.F.R. 40 and where such refusal has not been reported by a medical review officer or breath alcohol technician, to the department of licensing on a form provided by the department.

      (b) An employer who is required to have a testing program under 49 C.F.R. 655 must report a commercial motor vehicle driver's verified positive drug test or a positive alcohol confirmation test when: (i) The driver's employment has been terminated or the driver has resigned; (ii) any grievance process, up to but not including arbitration, has been concluded; and (iii) at the time of termination or resignation the driver has not been cleared to return to safety-sensitive functions.

      (3) Motor carriers, employers, or consortiums shall make it a written condition of their contract or agreement with a medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath alcohol technician is located, that the medical review officer or breath alcohol technician is required to report all Washington state licensed drivers who have a ((confirmed)) verified positive drug test or positive alcohol confirmation test to the department of licensing within three business days of the ((confirmed test)) verification or confirmation. Failure to obtain this contractual condition or agreement with the medical review officer or breath alcohol technician by the motor carrier, employer, or consortium, or failure to report a refusal as required by subsection (2) of this section, will result in an administrative fine as provided in RCW 46.32.100 or 81.04.405.

      (4) Substances obtained for testing may not be used for any purpose other than drug or alcohol testing under 49 C.F.R. ((382)) 40.

      Sec. 4. RCW 46.25.125 and 2002 c 272 s 2 are each amended to read as follows:

      (1) When the department of licensing receives a report from a medical review officer ((or)), breath alcohol technician, employer, contractor, or consortium that ((the holder of a commercial driver's license)) a driver has a ((confirmed)) verified positive drug test or positive alcohol confirmation test, ((either)) as part of the testing program ((required by)) conducted under 49 C.F.R. ((382 or as part of a preemployment drug test)) 40, the department shall disqualify the driver from driving a commercial motor vehicle under RCW 46.25.090(7) subject to a hearing as provided in this section. The department shall notify the person in writing of the disqualification by first class mail. The notice must explain the procedure for the person to request a hearing.

      (2) A person disqualified from driving a commercial motor vehicle for having a ((confirmed)) verified positive drug test or positive alcohol confirmation test may request a hearing to challenge the disqualification within twenty days from the date notice is given. If the request for a hearing is mailed, it must be postmarked within twenty days after the department has given notice of the disqualification.

      (3) The hearing must be conducted in the county of the person's residence, except that the department may conduct all or part of the hearing by telephone or other electronic means.

      (4) For the purposes of this section, or for the purpose of a hearing de novo in an appeal to superior court, the hearing must be limited to the following issues: (a) Whether the driver is the person who ((took the drug or alcohol test)) is the subject of the report; (b) whether the motor carrier, employer, or consortium has a program that ((meets)) is subject to the federal requirements under 49 C.F.R. ((382)) 40; and (c) whether the medical review officer or breath alcohol technician making the report accurately followed the protocols ((for testing)) established to ((certify)) verify or confirm the results, or if the driver refused a test, whether the circumstances constitute the refusal of a test under 49 C.F.R. 40. Evidence may be presented to demonstrate that the test results are a false positive. For the purpose of a hearing under this section, a copy of ((the)) a positive test result with a declaration by the tester or medical review officer or breath alcohol technician stating the accuracy of the laboratory protocols followed to arrive at the test result is prima facie evidence:

      (i) Of a ((confirmed)) verified positive drug test or positive alcohol confirmation test result;

      (ii) That the motor carrier, employer, or consortium has a program that is subject to the federal requirements under 49 C.F.R. 40; and

      (iii) That the medical review officer or breath alcohol technician making the report accurately followed the protocols for testing established to verify or confirm the results.

      After the hearing, the department shall order the disqualification of the person either be rescinded or sustained.

      (5) If the person does not request a hearing within the twenty-day time limit, or if the person fails to appear at a hearing, the person has waived the right to a hearing and the department shall sustain the disqualification.

      (6) A decision by the department disqualifying a person from driving a commercial motor vehicle is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation and the department receives no further report of a ((confirmed)) verified positive drug test or positive alcohol confirmation test during the pendency of the hearing and appeal. If the disqualification is sustained after the hearing, the person who is disqualified may file a petition in the superior court of the county of his or her residence to review the final order of disqualification by the department in the manner provided in RCW 46.20.334.

      (7) The department of licensing may adopt rules specifying further requirements for requesting and conducting a hearing under this section.

      (8) The department of licensing is not civilly liable for damage resulting from disqualifying a driver based on a ((confirmed)) verified positive drug test or positive alcohol confirmation test result as required by this section or for damage resulting from release of this information that occurs in the normal course of business.

      Sec. 5. RCW 46.25.090 and 2004 c 187 s 7 are each amended to read as follows:

      (1) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to RCW 46.25.120, or if the person has been convicted of a first violation, within this or any other jurisdiction, of:

      (a) Driving a motor vehicle under the influence of alcohol or any drug;

      (b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more as determined by any testing methods approved by law in this state or any other state or jurisdiction;

      (c) Leaving the scene of an accident involving a motor vehicle driven by the person;

      (d) Using a motor vehicle in the commission of a felony;

      (e) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;

      (f) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;

      (g) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide.

      If any of the violations set forth in this subsection occurred while transporting hazardous material, the person is disqualified for a period of not less than three years.

      (2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those offenses, arising from two or more separate incidents.

      (3) The department may adopt rules, in accordance with federal regulations, establishing guidelines, including conditions, under which a disqualification for life under subsection (2) of this section may be reduced to a period of not less than ten years.

      (4) A person is disqualified from driving a commercial motor vehicle for life who uses a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by chapter 69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined by chapter 69.50 RCW.

      (5) A person is disqualified from driving a commercial motor vehicle for a period of:

      (a) Not less than sixty days if:

      (i) Convicted of or found to have committed a second serious traffic violation while driving a commercial motor vehicle; or

      (ii) Convicted of reckless driving, where there has been a prior serious traffic violation; or

      (b) Not less than one hundred twenty days if:

      (i) Convicted of or found to have committed a third or subsequent serious traffic violation while driving a commercial motor vehicle; or

      (ii) Convicted of reckless driving, where there has been two or more prior serious traffic violations.

      For purposes of determining prior serious traffic violations under this subsection, each conviction of or finding that a driver has committed a serious traffic violation while driving a commercial motor vehicle or noncommercial motor vehicle, arising from a separate incident occurring within a three-year period, must be counted.

      (6) A person is disqualified from driving a commercial motor vehicle for a period of:

      (a) Not less than ninety days nor more than one year if convicted of or found to have committed a first violation of an out-of-service order while driving a commercial vehicle;

      (b) Not less than one year nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed two violations of out-of-service orders while driving a commercial motor vehicle in separate incidents;

      (c) Not less than three years nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed three or more violations of out-of-service orders while driving commercial motor vehicles in separate incidents;

      (d) Not less than one hundred eighty days nor more than two years if the person is convicted of or is found to have committed a first violation of an out-of-service order while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver. A person is disqualified for a period of not less than three years nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver.

      (7) A person is disqualified from driving a commercial motor vehicle if a report has been received by the department under RCW 46.25.125 that the person has received a ((confirmed)) verified positive drug test or positive alcohol confirmation test ((either)) as part of the testing program ((required by 49 C.F.R. 382 or)) conducted under 49 C.F.R. 40 ((or as part of a preemployment drug test)). A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by ((an agency certified by the department of social and health services and, if the person is classified as an alcoholic, drug addict, alcohol abuser, or drug abuser, until)) a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the person presents evidence of satisfactory participation in or successful completion of a drug or alcohol treatment and/or education program ((that has been certified by the department of social and health services under chapter 70.96A RCW)) as recommended by the substance abuse professional, and until the person has met the requirements of RCW 46.25.100. The ((agency making a drug and alcohol assessment under this section)) substance abuse professional shall forward a diagnostic evaluation and treatment recommendation to the department of licensing for use in determining the person's eligibility for driving a commercial motor vehicle. Persons who are disqualified under this subsection more than twice in a five-year period are disqualified for life.

      (8)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of this subsection if he or she is convicted of or is found to have committed one of the following six offenses at a railroad-highway grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:

      (i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;

      (ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;

      (iii) For drivers who are always required to stop, failing to stop before driving onto the crossing;

      (iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;

      (v) For all drivers, failing to obey a traffic control device or the directions of an enforcement officer at the crossing;

      (vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.

      (b) A person is disqualified from driving a commercial motor vehicle for a period of:

      (i) Not less than sixty days if the driver is convicted of or is found to have committed a first violation of a railroad-highway grade crossing violation;

      (ii) Not less than one hundred twenty days if the driver is convicted of or is found to have committed a second railroad-highway grade crossing violation in separate incidents within a three-year period;

      (iii) Not less than one year if the driver is convicted of or is found to have committed a third or subsequent railroad-highway grade crossing violation in separate incidents within a three-year period.

      (9) A person is disqualified from driving a commercial motor vehicle for not more than one year if a report has been received by the department from the federal motor carrier safety administration that the person's driving has been determined to constitute an imminent hazard as defined by 49 C.F.R. 383.5.

      (10) Within ten days after suspending, revoking, or canceling a commercial driver's license or disqualifying a driver from operating a commercial motor vehicle, the department shall update its records to reflect that action."

      Senator Swecker 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 to Substitute House Bill No. 1266.

      The motion by Senator Swecker 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 "operators;" strike the remainder of the title and insert "amending RCW 46.25.010, 46.25.123, 46.25.125, and 46.25.090; and creating a new section."

MOTION

      On motion of Senator Swecker, the rules were suspended, Substitute House Bill No. 1266, 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 Swecker and Haugen spoke in favor of passage of the bill.

MOTION

On motion of Senator Hewitt, Senator Honeyford was excused.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1266, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1266, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

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

      Absent: Senators Parlette and Prentice - 2

      Excused: Senators Honeyford and Oke - 2

      SUBSTITUTE HOUSE BILL NO. 1266, 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 Prentice was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1100, by House Committee on Appropriations (originally sponsored by Representatives Kenney, Priest, Morrell, Fromhold, Jarrett, Sommers, Ormsby, Appleton, Tom, Anderson, Roberts, P. Sullivan, Lantz, Dickerson, Schual-Berke and Santos)

      Creating a state financial aid account.

      The measure was read the second time.

MOTION

      On motion of Senator Pridemore, the rules were suspended, Substitute House Bill No. 1100 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Pridemore and Schmidt 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. 1100.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1100 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 46

      Excused: Senators Honeyford, Oke and Prentice - 3

      SUBSTITUTE HOUSE BILL NO. 1100, 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 Hewitt, Senator Parlette was excused.

SECOND READING

      HOUSE BILL NO. 2189, by Representatives Kagi, Hinkle, Dickerson, Roberts, Darneille, Simpson, Moeller, Morrell and Santos

      Establishing a work group to address safety of child protective services and child welfare services staff.

      The measure was read the second time.

MOTION

      Senator Regala 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. The legislature finds that efforts to protect children from abuse and neglect and support families are dependent upon the efforts of staff in the field who work directly with the children and families of this state. Child protective services staff investigate reports of suspected child abuse and neglect and, when necessary, intervene by providing services designed to increase children's safety and protect them from further harm. Child welfare services staff provide longer-term services to families, including intensive treatment services to children and families who may need help with chronic or serious problems that interfere with their ability to protect or parent children.

      The legislature determines that in order to perform their work, the safety of child protective services and child welfare services staff must be addressed.

      NEW SECTION. Sec. 2. (1) The department of social and health services shall establish a work group to develop policies and protocols to address the safety of child protective services and child welfare services staff.

      (2) The department of social and health services shall make recommendations regarding training to address recognition of highly volatile, hostile, and/or threatening situations and de-escalation and preventive safety measures.

      (3) Membership of the work group shall include the following: Representatives of the children's administration of the department of social and health services, including representatives of child protective services staff and child welfare services staff from community service offices in largely rural areas of the state as well as urban areas; law enforcement; and prosecuting attorneys.

      (4) The department of social and health services shall provide the developed recommendations, policies, and protocols to the governor and the appropriate committees of the legislature by December 1, 2005."

      Senators Regala 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 House Bill No. 2189.

      The motion by Senator Regala 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 "staff;" strike the remainder of the title and insert "and creating new sections."

MOTION

      On motion of Senator Regala, the rules were suspended, House Bill No. 2189, 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 Regala 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. 2189, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2189, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 47

      Excused: Senators Honeyford and Oke - 2

      HOUSE BILL NO. 2189, 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.

PERSONAL PRIVILEGE

Senator Thibaudeau: “Thank you, Mr. President. My comments are about the bill that we recently passed, but I do need to say that I trust that this bill does not turn into another study which gathers dust on the shelf. I can’t remember how many children have been killed in the past three or four years. I am familiar with some of the details with some of them. It was because – not because CPS (Child Protected Services) is such a bad organization – but because the workers simply didn’t go back and check when they should have. So, I do hope this study results in something. Thank you.”

SECOND READING

      HOUSE BILL NO. 1180, by Representatives Kilmer, Wallace and Woods

      Harmonizing vehicle size limits with federal rules.

      The measure was read the second time.

MOTION

      On motion of Senator Swecker, the rules were suspended, House Bill No. 1180 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Swecker 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. 1180.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1180 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 47

      Excused: Senators Honeyford and Oke - 2

      HOUSE BILL NO. 1180, 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. 1281, by House Committee on Children & Family Services (originally sponsored by Representatives Pettigrew, Hinkle, Kagi, Walsh, Schual-Berke, McDonald, Clibborn, Dickerson, Dunn, P. Sullivan, Orcutt, Darneille, Morrell, Campbell, Wallace and Chase)

      Adding to the list of persons who may give informed consent to medical care for minors and providing immunity to health care providers and facilities when they rely upon the representation of a person claiming to be responsible for the care of the minor.

      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 not adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) It is the intent of the legislature to assist children in the care of kin to access appropriate medical services. Children being raised by kin have faced barriers to medical care because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with health professionals when children are left in their care.

      (2) It is the intent of the legislature to assist kinship caregivers in accessing appropriate medical care to meet the needs of a child in their care by permitting such responsible adults who are providing care to a child to give informed consent to medical care.

      Sec. 2. RCW 7.70.065 and 2003 c 283 s 29 are each amended to read as follows:

      (1) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), to consent may be obtained from a person authorized to consent on behalf of such patient.

      (a) Persons authorized to provide informed consent to health care on behalf of a patient who is not competent to consent, based upon a reason other than incapacity as defined in RCW 11.88.010(1)(d), shall be a member of one of the following classes of persons in the following order of priority:

      (((a))) (i) The appointed guardian of the patient, if any;

      (((b))) (ii) The individual, if any, to whom the patient has given a durable power of attorney that encompasses the authority to make health care decisions;

      (((c))) (iii) The patient's spouse;

      (((d))) (iv) Children of the patient who are at least eighteen years of age;

      (((e))) (v) Parents of the patient; and

      (((f))) (vi) Adult brothers and sisters of the patient.

      (((2))) (b) If the ((physician)) health care provider seeking informed consent for proposed health care of the patient who is not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class in the order of descending priority. However, no person under this section may provide informed consent to health care:

      (((a))) (i) If a person of higher priority under this section has refused to give such authorization; or

      (((b))) (ii) If there are two or more individuals in the same class and the decision is not unanimous among all available members of that class.

      (((3))) (c) Before any person authorized to provide informed consent on behalf of a patient not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, exercises that authority, the person must first determine in good faith that that patient, if competent, would consent to the proposed health care. If such a determination cannot be made, the decision to consent to the proposed health care may be made only after determining that the proposed health care is in the patient's best interests.

      (2) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, may be obtained from a person authorized to consent on behalf of such a patient.

      (a) Persons authorized to provide informed consent to health care on behalf of a patient who is incapacitated, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, shall be a member of one of the following classes of persons in the following order of priority:

      (i) The appointed guardian or legal custodian of the minor patient, if any;

      (ii) A person authorized by the court to consent to medical care for a child in out-of-home placement pursuant to chapter 13.32A or 13.34 RCW, if any;

      (iii) Parents of the minor patient; and

      (iv) A competent adult with an affidavit signed and dated under penalty of perjury pursuant to RCW 9A.72.085 representing himself or herself to be a relative responsible for the health care of such minor patient. Such authorization shall be effective for up to six months from the date of the affidavit.

      (b) A health care provider may, but is not required to, rely on the representations of a person with an affidavit claiming to be a relative responsible for the care of the minor patient if the health care provider does not have actual notice of the falsity of any of the statements made by the person claiming to be responsible for the health care of the minor patient.

      (c) A health care facility or a health care provider may, in its discretion, require additional documentation of a person's claimed status as being responsible for the health care of the minor patient. However, there is no obligation to require such additional documentation.

      (d) The health care provider or health care facility where services are rendered shall be immune from suit in any action, civil or criminal, or from professional or other disciplinary action based on such reliance.

      (3) For the purposes of this section, "health care provider" and "health care facility" shall be defined as established in RCW 70.02.010."

      On page 1, line 4 of the title, after "minor;" strike the remainder of the title and insert "amending RCW 7.70.065; and creating a new section."

      The President declared the question before the Senate to be the motion by Senator Hargrove to not adopt the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 1281.

      The motion by Senator Hargrove carried and the committee striking amendment was not adopted by voice vote.

MOTION

      Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) It is the intent of the legislature to assist children in the care of kin to access appropriate medical services. Children being raised by kin have faced barriers to medical care because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with health professionals when children are left in their care.

      (2) It is the intent of the legislature to assist kinship caregivers in accessing appropriate medical care to meet the needs of a child in their care by permitting such responsible adults who are providing care to a child to give informed consent to medical care.

      Sec. 2. RCW 7.70.065 and 2003 c 283 s 29 are each amended to read as follows:

      (1) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), to consent may be obtained from a person authorized to consent on behalf of such patient.

      (a) Persons authorized to provide informed consent to health care on behalf of a patient who is not competent to consent, based upon a reason other than incapacity as defined in RCW 11.88.010(1)(d), shall be a member of one of the following classes of persons in the following order of priority:

      (((a))) (i) The appointed guardian of the patient, if any;

      (((b))) (ii) The individual, if any, to whom the patient has given a durable power of attorney that encompasses the authority to make health care decisions;

      (((c))) (iii) The patient's spouse;

      (((d))) (iv) Children of the patient who are at least eighteen years of age;

      (((e))) (v) Parents of the patient; and

      (((f))) (vi) Adult brothers and sisters of the patient.

      (((2))) (b) If the ((physician)) health care provider seeking informed consent for proposed health care of the patient who is not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class in the order of descending priority. However, no person under this section may provide informed consent to health care:

      (((a))) (i) If a person of higher priority under this section has refused to give such authorization; or

      (((b))) (ii) If there are two or more individuals in the same class and the decision is not unanimous among all available members of that class.

      (((3))) (c) Before any person authorized to provide informed consent on behalf of a patient not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, exercises that authority, the person must first determine in good faith that that patient, if competent, would consent to the proposed health care. If such a determination cannot be made, the decision to consent to the proposed health care may be made only after determining that the proposed health care is in the patient's best interests.

      (2) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, may be obtained from a person authorized to consent on behalf of such a patient.

      (a) Persons authorized to provide informed consent to health care on behalf of a patient who is incapacitated, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, shall be a member of one of the following classes of persons in the following order of priority:

      (i) The appointed guardian, or legal custodian authorized pursuant to Title 26 RCW, of the minor patient, if any;

      (ii) A person authorized by the court to consent to medical care for a child in out-of-home placement pursuant to chapter 13.32A or 13.34 RCW, if any;

      (iii) Parents of the minor patient;

      (iv) The individual, if any, to whom the minor's parent has given a signed authorization to make health care decisions for the minor patient; and

      (v) A competent adult representing himself or herself to be a relative responsible for the health care of such minor patient or a competent adult who has signed and dated a declaration under penalty of perjury pursuant to RCW 9A.72.085 stating that the adult person is a relative responsible for the health care of the minor patient. Such declaration shall be effective for up to six months from the date of the declaration.

      (b) A health care provider may, but is not required to, rely on the representations or declaration of a person claiming to be a relative responsible for the care of the minor patient, under (a)(v) of this subsection, if the health care provider does not have actual notice of the falsity of any of the statements made by the person claiming to be a relative responsible for the health care of the minor patient.

      (c) A health care facility or a health care provider may, in its discretion, require documentation of a person's claimed status as being a relative responsible for the health care of the minor patient. However, there is no obligation to require such documentation.

      (d) The health care provider or health care facility where services are rendered shall be immune from suit in any action, civil or criminal, or from professional or other disciplinary action when such reliance is based on a declaration signed under penalty of perjury pursuant to RCW 9A.72.085 stating that the adult person is a relative responsible for the health care of the minor patient under (a)(v) of this subsection.

      (3) For the purposes of this section, "health care provider" and "health care facility" shall be defined as established in RCW 70.02.010."

      Senator Hargrove 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 Hargrove and Stevens to Substitute House Bill No. 1281.

      The motion by Senator Hargrove 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 4 of the title, after "minor;" strike the remainder of the title and insert "amending RCW 7.70.065; and creating a new section."

MOTION

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 1281, 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 Stevens spoke in favor of passage of the bill.

MOTION

On motion of Senator Brandland, Senators Honeyford and Parlette were excused.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1281, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1281, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 46

      Excused: Senators Honeyford, Oke and Parlette - 3

      SUBSTITUTE HOUSE BILL NO. 1281, 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. 1183, by Representatives Williams and Serben

      Renaming the commission on supreme court reports.

      The measure was read the second time.

MOTION

      On motion of Senator Kline, the rules were suspended, House Bill No. 1183 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline 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. 1183.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1183 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 46

      Excused: Senators Honeyford, Oke and Parlette - 3

      HOUSE BILL NO. 1183, 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. 1152, by House Committee on Appropriations (originally sponsored by Representatives Kagi, Fromhold, Jarrett, Schual-Berke, Walsh, Quall, B. Sullivan, Grant, Ormsby, Kessler, Simpson, Moeller, Lovick, Roberts, Chase, Williams, P. Sullivan, Tom, Morrell, McIntire, Kenney, Haigh, McDermott, Dickerson, Santos and Linville)

      Creating a Washington early learning council.

      The measure was read the second time.

MOTION

      Senator Weinstein 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. The legislature finds that parents are their children's first and most important teachers, caregivers, and decision makers. The legislature also recognizes that many parents are employed or in school and must seek services in their communities to assist with the care and support of their children. Welfare reform requires parents with low incomes to enter the work force while their children are young, increasing parents' need for the support of such resources. In seeking out resources in their communities to provide care and support for their children, parents throughout the state need and deserve to have the best possible information to help inform their choices about the care and education of their children.

      The legislature also finds that research on brain development in young children establishes that early experiences are important to children's emotional, social, physical, and cognitive development. Research also shows a clear and compelling connection between the quality of children's early childhood care and education experiences and later success in school and in life.

      The legislature intends to build on the efforts of communities across the state to improve the quality of early learning environments available to children and their families, as well as the information available to families relating to those early learning environments. The legislature recognizes that efforts to improve early learning must build upon existing partnerships between the public and private sectors. The experiences and resources of both public and private entities are essential to making meaningful and lasting improvements in the quality of early learning environments across the state. Statewide leadership is needed to guide and support the efforts of the private and public sectors working together to make systemwide improvements in the quality, affordability, and accessibility of early learning opportunities.

      The legislature intends to establish an effective oversight body, composed of representation from the public and private sectors, to provide leadership and vision to strengthen the quality of early learning services and programs for all children and families in the state and to ensure that children enter school ready to succeed.

      NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 1 through 6 of this act unless the context clearly requires otherwise.

      (1) "Early learning programs and services" include the following: Child care; state, private, and nonprofit preschool programs; child care subsidy programs; and training and professional development programs for early learning professionals.

      (2) "Council" means the Washington early learning council.

      NEW SECTION. Sec. 3. (1) The Washington early learning council is established in the governor's office. The purpose of the council is to provide vision, leadership, and direction to the improvement, realignment, and expansion of early learning programs and services for children birth to five years of age in order to better meet the early learning needs of children and their families. The goal of the council is to build upon existing efforts and recommend new initiatives, as necessary, to create an adequately financed, high-quality, accessible, and comprehensive early learning system that benefits all young children whose parents choose it.

      (2) The council shall develop an early learning plan to improve the organization of early learning programs and services at the state level, and to improve the accessibility and quality of early learning programs and services throughout the state.

      (a) By November 15, 2005, the council shall make recommendations to the governor and the appropriate committees of the legislature concerning statewide organization of early learning.

      (b) The council shall also make recommendations to the governor and the appropriate committees of the legislature concerning the following:

      (i) Identification of current populations being served and potential populations to be served by early learning programs and services;

      (ii) The state's role in supporting quality early learning programs and services;

      (iii) Appropriate levels and sources of stable and sustainable funding to meet statewide and local need for early learning programs and services, including public-private partnerships;

      (iv) Changes in existing early learning programs and services, including the administration of those programs and services, to improve their efficiency, effectiveness, and quality;

      (v) Changes in existing early learning programs and services to ensure that the content is aligned with what children need to know and be able to do upon entering school;

      (vi) How to maximize available early learning resources to ensure children are receiving continuity of care; and

      (vii) Providing for smooth transitions from early learning programs and services to K-12 programs.

      (c) As provided in sections 5 and 6 of this act, the council shall focus on quality improvements to licensed child care through the following mechanisms:

      (i) A voluntary, quality-based, graduated rating system to provide information to parents on the quality of child care programs and to provide resources and incentives for quality improvements; and

      (ii) A tiered-reimbursement system for state-subsidized child care to improve the quality of care for children participating in state-funded care.

      (d) The council shall make recommendations to the governor and the appropriate committees of the legislature concerning the regulation of child care, including child care that is exempt from regulation and unlicensed child care that is subject to regulation, in order to ensure the safety, health, quality, and accessibility of child care services throughout the state.

      (3) The council shall serve as the advisory committee on early learning to the comprehensive education study steering committee, created in Engrossed Second Substitute Senate Bill No. 5441. The nongovernmental cochair of the council shall serve as the chair of the advisory committee on early learning. The council shall have input on the recommendations developed by the comprehensive education study steering committee.

      (4) The council shall make use of existing reports, research, planning efforts, and programs, including, but not limited to, the following: The federal early head start program, the federal head start program, the state early childhood education and assistance program, the state's essential academic learning requirements and K-3 grade level expectations, the Washington state early learning and development benchmarks, existing tiered-reimbursement initiatives, the state's early childhood comprehensive systems plan, and the work of the child care coordinating committee established pursuant to RCW 74.13.090.

      NEW SECTION. Sec. 4. (1) The council shall include representation from public, nonprofit, and for-profit entities, and its membership shall reflect regional, racial, and cultural diversity to ensure representation of the needs of all children and families in the state.

      (2) The council shall consist of seventeen members, as follows:

      (a) One representative each of the governor's office, the department of social and health services, the department of health, and the state board for community and technical colleges, appointed by the governor;

      (b) One representative of the office of superintendent of public instruction, appointed by the superintendent of public instruction;

      (c) Two representatives of private business and two representatives of philanthropy, appointed by the governor;

      (d) Four individuals who have demonstrated leadership and engagement in the field of early learning, appointed by the governor; and

      (e) 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, and 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.

      (3) The council shall be cochaired by the representative of the governor's office and a nongovernmental member designated by the governor.

      (4) Members of the council shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (5) The governor may employ an executive director, who is exempt from the provisions of chapter 41.06 RCW, and such other staff as is necessary to carry out the purposes of sections 1 through 6 of this act. The governor pursuant to RCW 43.03.040 shall fix the salary of the executive director.

      (6) The council shall monitor and measure its progress and regularly report, as appropriate, to the governor and the appropriate committees of the legislature on the progress, findings, and recommendations of the council.

      (7) The council shall establish one or more technical advisory committees, as needed. Membership of such advisory committees may include the following: Representatives of any state agency the council deems appropriate, including the higher education coordinating board and the state board for community and technical colleges; family home child care providers, child care center providers, and college or university child care providers; parents; early childhood development experts; representatives of school districts and teachers involved in the provision of child care and preschool programs; representatives of resource and referral programs; parent education specialists; pediatric or other health professionals; representatives of citizen groups concerned with child care and early learning; representatives of labor organizations; representatives of private business; and representatives of head start and early childhood education assistance program agencies.

      NEW SECTION. Sec. 5. (1) The council shall develop a voluntary, quality-based, graduated rating system consisting of levels of quality to be achieved by licensed child care providers serving children and families in the state. The purpose of the rating system is to provide families with vital information about the quality of early learning programs available to them and to increase the quality of early learning programs operating throughout the state. In developing the voluntary rating system, the council shall seek to build upon existing partnerships and initiate new partnerships between the public and private sectors.

      (2) In developing the voluntary rating system, the council shall establish a system of tiers as the basis for the rating system's levels of quality. In developing the system of tiers, the council shall take into consideration the following quality criteria:

      (a) Child-to-staff ratios;

      (b) Group size;

      (c) Learning environment, including staff and child interactions;

      (d) Curriculum;

      (e) Parent and family involvement and support;

      (f) Staff qualifications and training;

      (g) Staff professional development;

      (h) Staff compensation;

      (i) Staff stability;

      (j) Accreditation;

      (k) Program evaluation; and

      (l) Program administrative policies and procedures.

      (3) In developing the voluntary rating system, the council shall establish quality assurance measures as well as a mechanism for system evaluation.

      (4) In developing the voluntary rating system, the council shall make recommendations concerning both initial and subsequent statewide implementation of the rating system, including the following:

      (a) Potential implementing entities;

      (b) Sources of funding for implementation;

      (c) Necessary infrastructure for facilitating and supporting participation in the rating system, including assistance necessary to help providers progress up the tiers; and

      (d) Strategies for raising public awareness of the rating system.

      (5) The council shall complete initial development of the voluntary rating system by December 1, 2005, and complete development by December 1, 2006.

      (6) The council shall submit the voluntary rating system to the governor and the appropriate fiscal and policy committees of the legislature by January 1, 2007. If no action is taken by the legislature by the end of the 2007 regular legislative session, the council may begin initial implementation of the voluntary rating system, subject to available funding.

      NEW SECTION. Sec. 6. (1) The council shall develop a tiered-reimbursement system that provides higher rates of reimbursement for state-subsidized child care for licensed child care providers that achieve one or more levels of quality above basic licensing requirements in accordance with the voluntary quality-based graduated rating system developed pursuant to section 5 of this act.

      (2) In developing the tiered-reimbursement system, the council shall review existing tiered-reimbursement initiatives in the state and integrate those initiatives into the tiered-reimbursement system.

      (3) The council shall complete initial development of the tiered-reimbursement system by December 1, 2005, to be implemented in two pilot sites in different geographic regions of the state with demonstrated public-private partnerships. The council shall complete development of the tiered-reimbursement system by December 1, 2006, to be implemented statewide, subject to the availability of amounts appropriated by the legislature for this specific purpose.

      NEW SECTION. Sec. 7. A new section is added to chapter 74.15 RCW to read as follows:

      (1) Subject to the availability of amounts appropriated for this specific purpose, the department of social and health services shall implement the tiered-reimbursement system developed pursuant to section 6 of this act. Implementation of the tiered-reimbursement system shall initially consist of two pilot sites in different geographic regions of the state with demonstrated public-private partnerships, with statewide implementation to follow.

      (2) In implementing the tiered-reimbursement system, consideration shall be given to child care providers who provide staff wage progression.

      (3) The department shall begin implementation of the two pilot sites by March 30, 2006.

      Sec. 8. RCW 28B.135.030 and 1999 c 375 s 3 are each amended to read as follows:

      The higher education coordinating board shall administer the program for four-year institutions of higher education. The state board for community and technical colleges shall administer the program for community and technical colleges. The higher education coordinating board and the state board for community and technical colleges shall have the following powers and duties in administering each program:

      (1) To adopt rules necessary to carry out the program;

      (2) To establish one or more review committees to assist in the evaluation of proposals for funding. The review committee shall include but not be limited to individuals from the Washington association for the education of young children((, the child care coordinating committee,)) and the child care resource and referral network;

      (3) To establish each biennium specific guidelines for submitting grant proposals consistent with the overall goals of the program. During the 1999-2001 biennium the guidelines shall be consistent with the following desired outcomes of increasing access to child care for students, addressing the demand for infant and toddler care, providing affordable child care alternatives, creating more cooperative preschool programs, creating models that can be replicated at other institutions, creating a partnership between university or college administrations and student government, or its equivalent and increasing efficiency and innovation at campus child care centers;

      (4) To establish guidelines for an allocation system based on factors that include but are not limited to: The amount of money available in the trust fund; characteristics of the institutions including the size of the faculty and student body; and the number of child care grants received;

      (5) To solicit grant proposals and provide information to the institutions of higher education about the program; and

      (6) To establish reporting, evaluation, accountability, monitoring, and dissemination requirements for the recipients of the grants.

      Sec. 9. RCW 41.04.385 and 2002 c 354 s 236 are each amended to read as follows:

      The legislature finds that (1) demographic, economic, and social trends underlie a critical and increasing demand for child care in the state of Washington; (2) working parents and their children benefit when the employees' child care needs have been resolved; (3) the state of Washington should serve as a model employer by creating a supportive atmosphere, to the extent feasible, in which its employees may meet their child care needs; and (4) the state of Washington should encourage the development of partnerships between state agencies, state employees, state employee labor organizations, and private employers to expand the availability of affordable quality child care. The legislature finds further that resolving employee child care concerns not only benefits the employees and their children, but may benefit the employer by reducing absenteeism, increasing employee productivity, improving morale, and enhancing the employer's position in recruiting and retaining employees. Therefore, the legislature declares that it is the policy of the state of Washington to assist state employees by creating a supportive atmosphere in which they may meet their child care needs. Policies and procedures for state agencies to address employee child care needs will be the responsibility of the director of personnel in consultation with ((the child care coordinating committee, as provided in RCW 74.13.090, and)) state employee representatives.

      Sec. 10. RCW 74.13.0903 and 1997 c 58 s 404 are each amended to read as follows:

      The office of child care policy is established to operate under the authority of the department of social and health services. The duties and responsibilities of the office include, but are not limited to, the following, within appropriated funds:

      (1) ((Staff and assist the child care coordinating committee in the implementation of its duties under RCW 74.13.090;

      (2))) Work in conjunction with the statewide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations. These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;

      (((3))) (2) Actively seek public and private money for distribution as grants to the statewide child care resource and referral network and to existing or potential local child care resource and referral organizations;

      (((4))) (3) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:

      (a) Provide parents with information about child care resources, including location of services and subsidies;

      (b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;

      (c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;

      (d) Provide information for businesses regarding child care supply and demand;

      (e) Advocate for increased public and private sector resources devoted to child care;

      (f) Provide technical assistance to employers regarding employee child care services; and

      (g) Serve recipients of temporary assistance for needy families and working parents with incomes at or below household incomes of one hundred seventy-five percent of the federal poverty line;

      (((5))) (4) Provide staff support and technical assistance to the statewide child care resource and referral network and local child care resource and referral organizations;

      (((6))) (5) Maintain a statewide child care licensing data bank and work with department of social and health services licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;

      (((7))) (6) Through the statewide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;

      (((8))) (7) Coordinate with the statewide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers; and

      (((9))) (8) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services.

      Sec. 11. RCW 74.15.030 and 2000 c 162 s 20 and 2000 c 122 s 40 are each reenacted and amended to read as follows:

      The secretary shall have the power and it shall be the secretary's duty:

      (1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

      (2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

      The minimum requirements shall be limited to:

      (a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

      (b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under this chapter. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

      (c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

      (d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

      (e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

      (f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

      (g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

      (3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.065 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

      (4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

      (5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

      (6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

      (7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

      (8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with ((the child care coordinating committee and other)) affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and

      (9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.

      NEW SECTION. Sec. 12. 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.

      NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

      (1) RCW 74.13.090 (Child care coordinating committee) and 1995 c 399 s 204, 1993 c 194 s 7, 1989 c 381 s 3, & 1988 c 213 s 2; and

      (2) RCW 74.13.0901 (Child care partnership) and 1989 c 381 s 4.

      NEW SECTION. Sec. 14. Sections 1 through 6 of this act expire July 1, 2007.

      NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      Senator Weinstein 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 Early Learning, K-12 & Higher Education to Engrossed Second Substitute House Bill No. 1152.

      The motion by Senator Weinstein 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 "learning;" strike the remainder of the title and insert "amending RCW 28B.135.030, 41.04.385, and 74.13.0903; reenacting and amending RCW 74.15.030; adding a new section to chapter 74.15 RCW; creating new sections; repealing RCW 74.13.090 and 74.13.0901; providing an expiration date; and declaring an emergency."

MOTION

      On motion of Senator Weinstein, the rules were suspended, Engrossed Second Substitute House Bill No. 1152, 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 Weinstein 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. 1152, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1152, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 0; Excused, 3.

      Voting yea: Senators Berkey, Brandland, Brown, Delvin, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 30

      Voting nay: Senators Benton, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Johnson, McCaslin, Morton, Mulliken, Pflug, Roach, Schoesler, Stevens, Wyss and Zarelli - 16

      Excused: Senators Honeyford, Oke and Parlette - 3

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1152, 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. 1469, by Representatives Lovick, Jarrett, Haigh and Armstrong

      Changing hearing procedures for violations of commercial motor vehicle laws, rules, and orders.

      The measure was read the second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 46.32.100 and 1998 c 172 s 1 are each amended to read as follows:

      In addition to all other penalties provided by law, a commercial motor vehicle that is subject to terminal safety audits under this chapter and an officer, agent, or employee of a company operating a commercial motor vehicle who violates or who procures, aids, or abets in the violation of this title or any order or rule of the state patrol is liable for a penalty of one hundred dollars for each violation, except for each violation of 49 C.F.R. Pt. 382, controlled substances and alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle placed out of service before the out of service defects have been satisfactorily repaired, for which the person is liable for a penalty of five hundred dollars. Each violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation.

      The penalty provided in this section is due and payable when the person incurring it receives a notice in writing from the patrol describing the violation and advising the person that the penalty is due. The patrol may, upon written application for review, received within fifteen days, remit or mitigate a penalty provided for in this section or discontinue a prosecution to recover the penalty upon such terms it deems proper and may ascertain the facts upon all such applications in such manner and under such rules as it deems proper. If the amount of the penalty is not paid to the patrol within fifteen days after receipt of the notice imposing the penalty, or application for remission or mitigation has not been made within fifteen days after the violator has received notice of the disposition of the application, the ((attorney general shall bring an action)) patrol may commence an adjudicative proceeding under chapter 34.05 RCW in the name of the state of Washington ((in the superior court of Thurston county or of some other county in which the violator does business,)) to confirm the violation and recover the penalty. In all such ((actions)) proceedings the procedure and rules of evidence are ((the same as an ordinary civil action)) as specified in chapter 34.05 RCW except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the state patrol highway account of the motor vehicle fund."

      Senator Swecker 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 to House Bill No. 1469.

      The motion by Senator Swecker 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 "orders;" strike the remainder of the title and insert "and amending RCW 46.32.100."

MOTION

      On motion of Senator Swecker, the rules were suspended, House Bill No. 1469, 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 Swecker spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senators Prentice and Fairley were excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1469, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1469, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Fairley, Honeyford, Oke, Parlette and Prentice - 5

      HOUSE BILL NO. 1469, 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. 1754, by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Hunt, Nixon, McDermott, Haigh, Upthegrove, Moeller, Kenney, Chase, Simpson, Miloscia, Sells and Linville)

      Authorizing county-wide mail ballot elections.

      The measure was read the second time.

MOTION

      Senator Kastama 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:

      "Sec. 1. RCW 29A.48.010 and 2004 c 266 s 14 are each amended to read as follows:

      (1) With express authorization from the county legislative authority, the county auditor may conduct all primary, special, and general elections entirely by mail ballot. The county legislative authority must give the county auditor at least ninety days' notice before the first election to be conducted entirely by mail ballot. If the county legislative authority and the county auditor decide to return to a polling place election environment, the county legislative authority must give the county auditor at least one hundred eighty days' notice before the first election to be conducted using polling places. Authorization under this subsection must apply to all primary, special, and general elections conducted by the county auditor.

      (2) The county auditor may designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29A.08.140 as a mail ballot precinct. ((The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only.)) Authorization from the county legislative authority is not required to designate a precinct as a mail ballot precinct under this subsection. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29A.60.230.

      (3) The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting will be by mail ballot only. The auditor shall mail each active voter a ballot at least eighteen days before a primary, general election, or special election. The auditor shall send each inactive voter either a ballot or an application to receive a ballot at least eighteen days before a primary, general election, or special election. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active. The requirements regarding certification, reporting, and the mailing of overseas and military ballots in RCW ((29.36.270)) 29A.40.070 apply to elections conducted by mail ballot ((precincts)).

      (4) If the ((precinct exceeds two hundred registered voters, or the)) county legislative authority and county auditor determine under subsection (1) of this section, or if the county auditor determines under subsection (2) of this section, to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used."

MOTION

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

      On page 2, after line 18 of the amendment, insert the following:

      "NEW SECTION. Sec. 2. The secretary of state shall evaluate available technologies to allow voters the ability to conveniently determine if their mail ballots were received and counted by their county auditor. No later than December 31, 2006, the secretary of state shall submit a report to the legislature outlining available mail ballot tracking technology. The report must include the secretary of state's recommendations on whether such technology should be implemented, and if so, how."

      Senator Kastama 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 Senator Kastama on page 2, after line 18 to the committee striking amendment to Substitute House Bill No. 1754 as amended by the Senate.

The motion by Senator Kastama 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 Government Operations & Elections as amended to Substitute House Bill No. 1754.

      The motion by Senator Kastama carried and the committee striking amendment as amended was adopted by voice vote.

MOTION

      There being no objection, the following title amendments were adopted:

      On page 1, line 1 of the title, after "elections;" strike the remainder of the title and insert "and amending RCW 29A.48.010."

      On page 2, line 20 of the title amendment, strike everything after "insert" and insert "amending RCW 29A.48.010; and creating a new section."

MOTION

      On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1754 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kastama, Spanel, Kline, Schmidt and Sheldon spoke in favor of passage of the bill.

      Senators Roach, Hargrove and Benton spoke against passage of the bill

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1754, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1754, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.

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

      Voting nay: Senators Benton, Carrell, Deccio, Delvin, Esser, Finkbeiner, Fraser, Hargrove, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Stevens, Wyss and Zarelli - 20

      Excused: Senator Oke - 1

      SUBSTITUTE HOUSE BILL NO. 1754, 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. 1478, by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Kagi, O'Brien, Simpson, Morrell, Lovick, Kenney, P. Sullivan, Nixon and Chase)

      Increasing penalties for failure to secure a vehicle load on a public highway.

      The measure was read the second time.

MOTION

Senator Hargrove moved that the following striking amendment by Senators Hargrove, Kline and Esser be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 46.61.655 and 1990 c 250 s 56 are each amended to read as follows:

      (1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction. ((Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.))

      (2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

      (3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.

      (4)(a) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.

      (b) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.

      (5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.

      (6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.

      (7)(a)(i) A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.

      (ii) Failure to secure a load in the first degree is a gross misdemeanor.

      (b)(i) A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.

      (ii) Failure to secure a load in the second degree is a misdemeanor.

      (c) A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.

      Sec. 2. RCW 46.63.020 and 2004 c 95 s 14 are each amended to read as follows:

      Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

      (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

      (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

      (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

      (4) RCW 46.10.130 relating to the operation of snowmobiles;

      (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

      (6) RCW 46.16.010 relating to initial registration of motor vehicles;

      (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

      (8) RCW 46.16.160 relating to vehicle trip permits;

      (9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;

      (10) RCW 46.20.005 relating to driving without a valid driver's license;

      (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

      (12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;

      (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

      (14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;

      (15) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver's license;

      (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

      (17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

      (18) RCW 46.25.170 relating to commercial driver's licenses;

      (19) Chapter 46.29 RCW relating to financial responsibility;

      (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;

      (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;

      (22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;

      (23) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

      (24) RCW 46.48.175 relating to the transportation of dangerous articles;

      (25) RCW 46.52.010 relating to duty on striking an unattended car or other property;

      (26) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (27) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

      (28) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

      (29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

      (30) RCW 46.55.035 relating to prohibited practices by tow truck operators;

      (31) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;

      (32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

      (33) RCW 46.61.022 relating to failure to stop and give identification to an officer;

      (34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

      (35) RCW 46.61.500 relating to reckless driving;

      (36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

      (37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

      (38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

      (39) RCW 46.61.522 relating to vehicular assault;

      (40) RCW 46.61.5249 relating to first degree negligent driving;

      (41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

      (42) RCW 46.61.530 relating to racing of vehicles on highways;

      (43) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;

      (44) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

      (((44))) (45) RCW 46.61.740 relating to theft of motor vehicle fuel;

      (((45))) (46) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

      (((46))) (47) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

      (((47))) (48) Chapter 46.65 RCW relating to habitual traffic offenders;

      (((48))) (49) RCW 46.68.010 relating to false statements made to obtain a refund;

      (((49))) (50) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

      (((50))) (51) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

      (((51))) (52) RCW 46.72A.060 relating to limousine carrier insurance;

      (((52))) (53) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

      (((53))) (54) RCW 46.72A.080 relating to false advertising by a limousine carrier;

      (((54))) (55) Chapter 46.80 RCW relating to motor vehicle wreckers;

      (((55))) (56) Chapter 46.82 RCW relating to driver's training schools;

      (((56))) (57) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

      (((57))) (58) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW."

      Senators Hargrove and Esser 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 Hargrove, Kline and Esser to Substitute House Bill No. 1478.

The motion by Senator Hargrove 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 1 of the title, after "highways;" strike the remainder of the title and insert "amending RCW 46.61.655 and 46.63.020; and prescribing penalties."

MOTION

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1478, 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 Kline and Esser spoke in favor of passage of the bill.

MOTIONS

On motion of Senator Mulliken, Senators Parlette, Honeyford and Benton were excused.

On motion of Senator Regala, Senator Prentice was excused.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1478, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1478 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.

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

      Voting nay: Senators Morton, Stevens and Zarelli - 3

      Excused: Senators Benton, Honeyford and Oke - 3

      SUBSTITUTE HOUSE BILL NO. 1478, 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.

INTRODUCTION OF SPECIAL GUESTS

      The President introduced and welcomed Ms. Maria Federici and her mother Ms. Robin Abel who were seated in the gallery with a friend of the family. The injuries suffered by Ms. Federici during a highway accident near her Renton home resulted in the previous bill. The President recognized their courageous and determined efforts on its behalf.

MOTION

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

MESSAGE FROM THE HOUSE

April 12, 2005

MR. PRESIDENT:

      The House has passed SENATE BILL NO. 5477, with the following amendments{s}:

      On page 2, line 7, after "evidence." insert:

      "While the legislature intends to bring the sentencing reform act into compliance as previously indicated, the legislature recognizes the need to restore the judicial discretion that has been limited as a result of the Blakely decision."

      On page 9, after line 2, insert:

      "NEW SECTION. Sec. 5. The Sentencing Guidelines Commission shall review the sentencing reform act as it relates to the sentencing grid, all provisions providing for exceptional sentences both above and below the standard sentencing ranges, and judicial discretion in sentencing. As part of its review, the Commission shall:

(a) study the relevant provisions of the sentencing reform act, including the provisions in this act;

(b) consider how to restore the judicial discretion which has been limited as a result of the Blakely decision;

(c) consider the use of advisory sentencing guidelines for all or any group of crimes;

(d) draft proposed legislation that seeks to address the limitations placed on judicial discretion in sentencing as a result of the Blakely decision; and

(e) determine the fiscal impact of any proposed legislation.        The Commission shall submit its findings and proposed legislation to the legislature no later than December 1, 2005."

      Renumber the sections consecutively and correct any internal references accordingly.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator Kline moved that the Senate concur in the House amendment(s) to Senate Bill No. 5477.

      Senators Kline and Johnson spoke in favor of the motion.

MOTION

      The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Senate Bill No. 5477.

      The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5477.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 5477, as amended by the House.

      Senator Kline spoke in favor of passage of the bill.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5477, as amended by the House, and the Bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, 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, Wyss and Zarelli - 46

      Absent: Senator Kohl-Welles - 1

      Excused: Senators Honeyford and Oke - 2

      SENATE BILL NO. 5477 as amended by the House, 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 5:24 p.m., on motion of Senator Eide, the Senate was declared to be at recess until 7 p.m.

EVENING SESSION

The Senate was called to order at 7:00 p.m. by President Owen.

MOTION

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

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1242, by House Committee on Appropriations (originally sponsored by Representatives Linville, Jarrett, Miloscia, Tom, Haigh, Sommers, Pettigrew, Pearson, Clibborn, Kristiansen, O'Brien, Orcutt, Quall, Morris, Lantz, Wallace, Kagi, Grant, Morrell, Chase, Springer, Lovick, Kessler, Dunshee, Appleton, P. Sullivan, Kilmer, Hunter, Upthegrove, Williams, Roberts, Dickerson, Sells, Eickmeyer, Nixon, Kenney and Ormsby)

      Focusing the state budgeting process on outcomes and priorities.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 1242 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

MOTION

On motion of Senator Mulliken, Senators Brandland, Parlette, Johnson, McCaslin, Deccio and Zarelli were excused.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1242.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1242 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

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

      Absent: Senators Hewitt and Pflug - 2

      Excused: Senators Deccio, McCaslin, Oke and Zarelli - 4

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1242, 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. 1606, by House Committee on Health Care (originally sponsored by Representatives Green, Skinner, Cody, Bailey, Clibborn, Williams, Morrell and Schual-Berke)

      Providing for fairness in the informal dispute resolution process.

      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 18.20.195 and 2004 c 140 s 5 are each amended to read as follows:

      (1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department.

      (2) The informal dispute resolution process provided by the department shall include, but is not necessarily limited to, an opportunity for review by a department employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department shall develop, or further develop, an informal dispute resolution process consistent with this section.

      (3) A request for an informal dispute resolution shall be made to the department within ten working days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten working days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon.

      (4) If the department determines that a violation or enforcement remedy should not be cited or imposed, the department shall delete the violation or immediately rescind or modify the enforcement remedy. If the department determines that a violation should have been cited ((or an enforcement remedy imposed)) under a different more appropriate regulation, the department shall ((add the citation or enforcement remedy)) revise the report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the department shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.

      (5) The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter. The licensee shall submit to the department, within the time period prescribed by the department, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution.

      NEW SECTION. Sec. 2. A new section is added to chapter 18.51 RCW to read as follows:

      (1) A nursing home provider shall have the right to an informal review to present written evidence to refute the findings or deficiencies cited during a licensing or certification survey or a complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a deficiency, or parts of a deficiency, cited by the department.

      (2) The informal dispute resolution process provided by the department shall, at a minimum, be consistent with 42 C.F.R. 488.331 and the federal state operations manual and shall require the department when conducting an informal dispute resolution process with a nursing home provider or its designee to provide an opportunity for input from residents or resident representatives.

      (3) If the department determines that a deficiency should not be cited, the department shall delete the deficiency. If the department determines that a deficiency should have been cited under a different more appropriate regulation, the department shall revise the statement of deficiencies accordingly. If the provider is successful in demonstrating that one or more deficiencies should not have been cited, the deficiency or deficiencies are removed from the statement of deficiencies and any enforcement action imposed solely as a result of the cited deficiency or deficiencies are rescinded. Upon request, the department shall issue a clean copy of the statement of deficiencies or notice of enforcement action. The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter."

      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 Substitute House Bill No. 1606.

      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 "process;" strike the remainder of the title and insert "amending RCW 18.20.195; and adding a new section to chapter 18.51 RCW."

MOTION

      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1606, 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 Substitute House Bill No. 1606, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1606, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators 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, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Wyss - 45

      Excused: Senators Deccio, McCaslin, Oke and Zarelli - 4

      SUBSTITUTE HOUSE BILL NO. 1606, 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. 1290, by House Committee on Appropriations (originally sponsored by Representatives Cody, Bailey, Schual-Berke, Campbell, Morrell, Hinkle, Green, Appleton, Moeller, Haigh, Linville, Kenney, Wood and Santos)

      Modifying community mental health services provisions.

      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 not adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 71.24.015 and 2001 c 334 s 6 and 2001 c 323 s 1 are each reenacted and amended to read as follows:

      It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs that focus on resilience and recovery, and practices that are evidence-based, research-based, consensus-based, or, where these do not exist, promising or emerging best practices, which provide for:

      (1) Access to mental health services for adults of the state who are acutely mentally ill, chronically mentally ill, or seriously disturbed and children of the state who are acutely mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental health services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of mentally ill children and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children;

      (2) The involvement of persons with mental illness, their family members, and advocates in designing and implementing mental health services that reduce unnecessary hospitalization and incarceration and promote the recovery and employment of persons with mental illness. To improve the quality of services available and promote the rehabilitation, recovery, and reintegration of persons with mental illness, consumer and advocate participation in mental health services is an integral part of the community mental health system and shall be supported;

      (3) Accountability of efficient and effective services through state of the art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness and to assure uniform data collection across the state;

      (((3))) (4) Minimum service delivery standards;

      (((4))) (5) Priorities for the use of available resources for the care of the mentally ill consistent with the priorities defined in the statute;

      (((5))) (6) Coordination of services within the department, including those divisions within the department that provide services to children, between the department and the office of the superintendent of public instruction, and among state mental hospitals, county authorities, regional support networks, community mental health services, and other support services, which shall to the maximum extent feasible also include the families of the mentally ill, and other service providers; and

      (((6))) (7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.

      It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders including services operated by consumers and advocates. The legislature intends to encourage the development of county-based and county-managed regional mental health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. To this end, counties are encouraged to enter into joint operating agreements with other counties to form regional systems of care which will integrate planning, administration, and service delivery duties ((assigned to counties)) under chapters 71.05 and 71.24 RCW to consolidate administration, reduce administrative layering, and reduce administrative costs. The legislature hereby finds and declares that sound fiscal management requires vigilance to ensure that funds appropriated by the legislature for the provision of needed community mental health programs and services are ultimately expended solely for the purpose for which they were appropriated, and not for any other purpose.

      It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end the legislature intends to promote active engagement with mentally ill persons and collaboration between families and service providers.

      Sec. 2. RCW 71.24.025 and 2001 c 323 s 8 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:

      (a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;