SIXTIETH LEGISLATURE - REGULAR SESSION





EIGHTY SECOND DAY





House Chamber, Olympia, Friday, March 30, 2007


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


       The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Rochelle Torgusen and Tomanique Jones. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Reverend Michelle Campton-Stehr, Crown Hill United Methodist Church.


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


RESOLUTION


       HOUSE RESOLUTION NO. 2007-4653, by Representatives Roach, Dunn, DeBolt, Kenney, Newhouse, Ross, Skinner, Hankins, McDonald, Jarrett, Miloscia, Chandler, Flannigan, McCoy, Pettigrew, Eickmeyer, Eddy, Hunt, Linville, Blake, Green, Alexander, Appleton, Pedersen, Hinkle, Rodne, Schindler, Hailey, Crouse, Campbell, Kristiansen, Strow, Buri, Bailey, Hunter, Sump, Warnick, Orcutt, Wood, Ormsby, Morris, Hurst, Roberts, Chase, Cody, Conway, Darneille, Barlow, Santos, Grant, Kagi, B. Sullivan, Quall, Kirby, Hasegawa, Williams, Goodman, Kelley, P. Sullivan and McIntire

 

WHEREAS, Autism is a developmental disability that typically appears during the first two years of life and continues through the individual's lifespan; and

WHEREAS, Autism is the fastest-growing developmental disability, affecting 1 million to 1.5 million Americans - 1 in 250 babies born; and

       WHEREAS, Many children are not diagnosed until after 3 years of age, often because of lack of recognition of autism characteristics by general practitioners; and

       WHEREAS, There are many different characteristics in individuals with autism - delayed or deficient communication, decreased or unresponsive social interaction, unusual reaction to normal stimuli, a lack of spontaneous or imaginative play, and behavioral challenges; and

       WHEREAS, There is no known cause and no known cure, however with aggressive and continuous therapy, some individuals can learn to acclimate to their environment and mask symptoms of their disability; and


       WHEREAS, All individuals with autism should be included and regarded as valuable members of our community; and

       WHEREAS, Autism can create significant stress on the families of those affected by autism; and

       WHEREAS, Families, caregivers, advocates, and organizations are striving to bring about positive changes for children and adults with autism; and

       WHEREAS, Through research, training, public services, support groups, advocacy, and increased awareness, we will be more understanding, inclusive, and better-equipped to support the growing number of individuals with autism and their families;

       NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor and support individuals with autism and acknowledge the tremendous courage that they and their families put forth every day; and

       BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Autism Society of Washington.

 

       Representative Roach moved the adoption of the resolution.


       Representatives Roach and Roberts spoke in favor of the adoption of the resolution.


       HOUSE RESOLUTION NO. 4653 was adopted.


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


REPORTS OF STANDING COMMITTEES


March 28, 2007

SSB 5032     Prime Sponsor, Senator Committee On Government Operations & Elections: Concerning the Vancouver national historic reserve. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Dunshee, Vice Chairman; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Buri; Chandler; Cody; Conway; Darneille; Dunn; Ericks; Fromhold; Grant; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Kretz; Linville; McDermott; McDonald; McIntire; Morrell; Pettigrew; Priest; Schual-Berke; Seaquist; P. Sullivan and Walsh.


       Passed to Committee on Rules for second reading.


March 27, 2007

ESSB 5112   Prime Sponsor, Senate Committee On Labor, Commerce, Research & Development: Allowing auctioneers to auction vessels without registering as a vessel dealer. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


       On page 2, line 6, after "fees" strike all material through "waived" on line 7 and insert "and surety bond requirements in RCW 88.02.060 are waived"


       On page 2, beginning on line 8, strike all of section 2


       Correct the title.

 

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Green; Moeller and Williams.


       Passed to Committee on Rules for second reading.


March 28, 2007

2SSB 5164   Prime Sponsor, Senate Committee On Ways & Means: Expanding the veterans conservation corps program. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Dickerson; Eickmeyer; Grant; Hailey; Kagi; McCoy; Newhouse; Orcutt; Strow and Van De Wege.

 

Referred to Committee on Appropriations.


March 27, 2007

SSB 5097     Prime Sponsor, Senate Committee On Ways & Means: Regarding safe schools. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Barlow, Vice Chairman; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh; McDermott; Roach; Santos and P. Sullivan.


 

Referred to Committee on Appropriations.


March 28, 2007

SSB 5174     Prime Sponsor, Senate Committee On Ways & Means: Making corrections in the public retirement systems. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Dunshee, Vice Chairman; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Buri; Chandler; Cody; Conway; Darneille; Dunn; Ericks; Fromhold; Grant; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Kretz; Linville; McDermott; McDonald; McIntire; Morrell; Pettigrew; Priest; Schual-Berke; Seaquist and Walsh.


       Passed to Committee on Rules for second reading.


March 28, 2007

SB 5175       Prime Sponsor, Senator Pridemore: Providing annual increases in certain retirement allowances. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Dunshee, Vice Chairman; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Buri; Chandler; Cody; Conway; Darneille; Dunn; Ericks; Fromhold; Grant; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Kretz; Linville; McDermott; McDonald; McIntire; Morrell; Pettigrew; Priest; Schual-Berke; Seaquist; P. Sullivan and Walsh.


       Passed to Committee on Rules for second reading.


March 28, 2007

2SSB 5188   Prime Sponsor, Senate Committee On Transportation: Establishing a wildlife rehabilitation program. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that licensed wildlife rehabilitators often work closely with local law enforcement, animal control officers, wildlife enforcement officers, and wildlife biologists at the state and federal levels to aid in the safe capture, testing for disease, medical treatment, rehabilitation, and release of wildlife. The state recognizes the critical role licensed wildlife rehabilitators play in capturing and caring for the sick, injured, and orphaned wildlife of Washington state.


        Sec. 2. RCW 46.16.606 and 1991 sp.s. c 7 s 13 are each amended to read as follows:

        In addition to the fees imposed in RCW 46.16.585 for application and renewal of personalized license plates an additional fee of ((ten)) twelve dollars shall be charged. ((The revenue)) Ten dollars from the additional fee shall be deposited in the state wildlife ((fund)) account and used for the management of resources associated with the nonconsumptive use of wildlife. Two dollars from the additional fee shall be deposited into the wildlife rehabilitation account created under section 3 of this act.


        NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:

        The wildlife rehabilitation account is created in the state treasury. All receipts from moneys directed to the account from RCW 46.16.606 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 the support of the wildlife rehabilitation program created under section 4 of this act.


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

        (1) The director shall establish a wildlife rehabilitation program to help support the critical role licensed wildlife rehabilitators play in protecting the public by capturing, testing for disease, and caring for sick, injured, and orphaned wildlife in Washington state. The director shall contract for wildlife rehabilitation services with up to four people in each of the department's six administrative regions. Applicants may submit only one request every two years and must reside in the administrative region for which they have applied. The contracts must be for a term of two years.

        (2) In order to receive funding, the wildlife rehabilitator must: (a) Be properly licensed in wildlife rehabilitation under state and federal law; and (b) furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol to include a national criminal background check. The applicant must pay for the cost of the criminal background check. If the background check reveals that the applicant has been convicted of a felony or gross misdemeanor, the applicant is ineligible to receive funding.

        (3) The department must require that contractors submit detailed reports accounting for all expenditures of state funds. The reports must be submitted to the department on a quarterly basis. The department may require the contractor to submit to an inspection of the rehabilitation facility to ensure compliance with department rules governing wildlife rehabilitation. Expenditures that are permitted under this program as they specifically relate to wildlife rehabilitation include: (a) Reimbursement for diagnostic and lab support services; (b) purchase and maintenance of proper restraints and equipment used in the capture, transportation, temporary housing, and release of wildlife; (c) reimbursement of contracted veterinary services; (d) reimbursement of the cost of food, medication, and other consumables; and (e) reimbursement of the cost of continuing education. The department shall give priority to applications submitted that provide for the rehabilitation of endangered or threatened species. Funds may not be used to rehabilitate either nonnative species or nuisance animals, or both, including, but not limited to the following: Eastern gray squirrels (Sciurus carolinensis); opossum (Didelphis virginiana); raccoons (Procyon lotor); striped skunk (Mephitis mephitis); spotted skunk (Spilogale putorius); Eastern cottontail rabbit (Sylvilagus floridanus); domestic rabbit (Oryctolagus cuniculus); European starling (Sturnus vulgaris); and house sparrow (Passer domesticus).

        (4) The department may adopt any rules as are necessary to carry out this section.


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

        The department must develop a process for renewing wildlife rehabilitation licenses. All wildlife rehabilitation licenses issued by the department prior to January 1, 2006, must be renewed by January 1, 2010. The department may adopt rules as necessary to implement this section.


        NEW SECTION. Sec. 6. Section 2 of this act is effective for registrations due or to become due on or after January 1, 2008."


        Correct the title.

 

Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Dickerson; Eickmeyer; Grant; Hailey; Kagi; McCoy; Strow and Van De Wege.

 

MINORITY recommendation: Do not pass. Signed by Representatives Newhouse and Orcutt.


       Referred to Committee on Appropriations.


March 28, 2007

SSB 5224     Prime Sponsor, Senate Committee On Natural Resources, Ocean & Recreation: Concerning the governor's salmon recovery office. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 77.85.010 and 2005 c 309 s 2 are each amended to read as follows:

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

        (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

        (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

        (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 77.85.060(2). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities.

        (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

        (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

         (6) "Project sponsor" is a county, city, special district, tribal government, state agency, a combination of such governments through interlocal or interagency agreements, a nonprofit organization, regional fisheries enhancement group, or one or more private citizens. A project sponsored by a state agency may be funded by the board only if it is included on the habitat project list submitted by the lead entity for that area and the state agency has a local partner that would otherwise qualify as a project sponsor.

        (7) "Regional recovery organization" or "regional salmon recovery organization" means an entity formed under RCW 77.85.090 for the purpose of recovering salmon, which is recognized in statute or by the governor's salmon recovery office.

        (8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

        (9) "Salmon recovery plan" means a state or regional plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

        (10) "Salmon recovery region" means geographic areas of the state identified or formed under RCW 77.85.090 that encompass groups of watersheds in the state with common stocks of salmon identified for recovery activities, and that generally are consistent with the geographic areas within the state identified by the national oceanic and atmospheric administration or the United States fish and wildlife service for activities under the federal endangered species act.

        (11) "Salmon recovery strategy" means the strategy adopted under RCW 77.85.150 and includes the compilation of all subbasin and regional salmon recovery plans developed in response to a proposed or actual listing under the federal endangered species act with state hatchery, harvest, and hydropower plans compiled in accordance with RCW 77.85.150.

        (12) "Tribe" or "tribes" means federally recognized Indian tribes.

        (13) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

        (14) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.


        Sec. 2. RCW 77.85.020 and 2005 c 309 s 3 are each amended to read as follows:

        (1) ((By December 1, 2006)) No later than January 31, 2009, and every odd-numbered year thereafter, the governor's salmon recovery office shall submit a biennial state of the salmon report to the legislature and the governor regarding the implementation of the state's salmon recovery strategy. The report ((may)) must include the following:

        (a) ((A description of the amount of in-kind and financial contributions, including volunteer, private, and state, federal, tribal as available, and local government money directly spent on salmon recovery in response to actual, proposed, or expected endangered species act listings;

        (b))) A summary of habitat projects including but not limited to:

        (i) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;

        (ii) A summary of salmon restoration efforts undertaken in the past two years;

        (iii) A summary of the role which private volunteer initiatives contribute in salmon habitat restoration efforts; and

        (iv) A summary of efforts taken to protect salmon habitat;

        (((c) A summary of collaborative efforts undertaken with adjoining states or Canada;

        (d))) (b) A summary of harvest and hatchery management activities affecting salmon recovery;

        (((e) A summary of information regarding impediments to successful salmon recovery efforts;

        (f))) (c) A summary of the number and types of violations of existing laws pertaining to((: (i) Water quality; and (ii))) salmon. The summary ((shall)) may include information about the types of sanctions imposed for these violations((;

        (g) Information on the estimated carrying capacity of new habitat created pursuant to chapter 246, Laws of 1998; and

        (h) Recommendations to the legislature that would further the success of salmon recovery. The recommendations may include:

        (i) The need to expand or improve nonregulatory programs and activities;

         (ii) The need to expand or improve state and local laws and regulations; and

        (iii) Recommendations for state funding assistance to recovery activities and projects)).

        (2) The report may include the following:

        (a) A description of the amount of in-kind financial contributions, including volunteer, private, state, federal, tribal, as available, and local government funds directly spent on salmon recovery in response to endangered species act listings; and

        (b) Information on the estimated carrying capacity of new habitat created pursuant to chapter 246, Laws of 1998.

        (3) The report shall summarize the monitoring data coordinated by the ((monitoring)) forum on monitoring salmon recovery and watershed health. The summary ((must)) may include but is not limited to data and analysis related to:

        (a) Measures of progress in fish recovery;

        (b) Measures of factors limiting recovery as well as trends in such factors; and

        (c) The status of implementation of projects and activities.

        (4) The department, the department of ecology, the department of natural resources, the state conservation commission, and the forum on monitoring salmon recovery and watershed health shall provide to the governor's salmon recovery office information requested by the office necessary to prepare the state of the salmon report and other reports produced by the office.


        Sec. 3. RCW 77.85.030 and 2005 c 309 s 4 are each amended to read as follows:

        (1) The governor's salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. The primary purpose of the office is to coordinate and assist in the development, implementation, and revision of regional salmon recovery plans as an integral part of a statewide strategy developed consistent with the guiding principles and procedures under RCW 77.85.150.

        (2) The governor's salmon recovery office is responsible for maintaining the statewide salmon recovery strategy to reflect applicable provisions of regional recovery plans, habitat protection and restoration plans, water quality plans, and other private, local, regional, state agency and federal plans, projects, and activities that contribute to salmon recovery.

        (3) The governor's salmon recovery office shall also gather regional recovery plans from regional recovery organizations and submit the plans to the federal fish services for adoption as federal recovery plans. The governor's salmon recovery office shall also work with regional salmon recovery organizations on salmon recovery issues in order to ensure a coordinated and consistent statewide approach to salmon recovery. The governor's salmon recovery office shall work with federal agencies to accomplish implementation of federal commitments in the recovery plans.

        (4) The governor's salmon recovery office may also:

        (a) Assist state agencies, local governments, landowners, and other interested parties in obtaining federal assurances that plans, programs, or activities are consistent with fish recovery under the federal endangered species act;

        (b) Act as liaison to local governments, the state congressional delegation, the United States congress, federally recognized tribes, and the federal executive branch agencies for issues related to the state's salmon recovery plans; ((and))

        (c) Provide periodic reports pursuant to RCW 77.85.020;

        (d) Provide, as appropriate, technical and administrative support to the independent science panel or other science-related panels on issues pertaining to salmon recovery;

        (e) In cooperation with the regional recovery organizations, prepare a timeline and implementation plan that, together with a schedule and recommended budget, identifies specific actions in regional recovery plans for state agency actions and assistance necessary to implement local and regional recovery plans; and

        (f) As necessary, provide recommendations to the legislature that would further the success of salmon recovery, including recommendations for state agency actions in the succeeding biennium and state financial and technical assistance for projects and activities to be undertaken in local and regional salmon recovery plans. The recommendations may include:

         (i) The need to expand or improve nonregulatory programs and activities; and

        (ii) The need for state funding assistance to recovery activities and projects.

        (((2))) (5) This section expires June 30, ((2007)) 2015.


        Sec. 4. RCW 77.85.040 and 2005 c 309 s 5 are each amended to read as follows:

        (1) The governor ((shall)) may request the ((national)) Washington academy of sciences, ((the American fisheries society, or a comparable institution to screen candidates to serve as members on the)) when organized pursuant to chapter 305, Laws of 2005, to impanel an independent science panel on salmon recovery to respond to requests for review pursuant to subsection (2) of this section. ((The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate.)) The ((candidates)) panel shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

        (((2) The speaker of the house of representatives and the majority leader in the senate may each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

        (3) The members of the independent science panel shall serve four-year terms. Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. The independent science panel members shall elect the chair of the panel among themselves every two years.)) Based upon available funding, the governor's salmon recovery office may contract for services ((with members)) of the independent science panel for compensation under chapter 39.29 RCW.

        (((4))) (2) The independent science panel shall be governed by ((generally accepted)) guidelines and practices governing the activities of ((independent science boards such as)) the ((national)) Washington academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office may request ((review of regional salmon recovery plans by the science review panel)) that the panel review, investigate, and provide its findings on scientific questions relating to the state's salmon recovery efforts. The science panel does not have the authority to review individual projects or habitat project lists developed under RCW 77.85.050 or 77.85.060 or to make policy decisions. The panel shall ((periodically)) submit its findings and recommendations under this subsection to the legislature and the governor.


        Sec. 5. RCW 77.85.090 and 2005 c 309 s 7 are each amended to read as follows:

        (1) The southwest Washington salmon recovery region, whose boundaries are provided in chapter 60, Laws of 1998, is created.

        (2) Lead entities within a salmon recovery region that agree to form a regional salmon recovery organization may be recognized by the governor's salmon recovery office as a regional recovery organization. The regional recovery organization may plan, coordinate, and monitor the implementation of a regional recovery plan in accordance with RCW 77.85.150. Regional recovery organizations existing as of July 24, 2005, that have developed draft recovery plans approved by the governor's salmon recovery office by July 1, 2005, may continue to plan, coordinate, and monitor the implementation of regional recovery plans.


        Sec. 6. RCW 77.85.150 and 2005 c 309 s 9 are each amended to read as follows:

        (1) The governor, with the assistance of the governor's salmon recovery office((,)) shall maintain and revise, as appropriate, a statewide salmon recovery strategy.

        (2) The governor and the salmon recovery office shall be guided by the following considerations in maintaining and revising the strategy:

        (a) The strategy should identify statewide initiatives and responsibilities with regional recovery plans and local watershed initiatives as the principal means for implementing the strategy;

        (b) The strategy should emphasize collaborative, incentive-based approaches;

         (c) The strategy should address all factors limiting the recovery of Washington's listed salmon stocks, including habitat and water quality degradation, harvest and hatchery management, inadequate streamflows, and other barriers to fish passage. Where other limiting factors are beyond the state's jurisdictional authorities to respond to, such as some natural predators and high seas fishing, the strategy shall include the state's requests for federal action to effectively address these factors;

        (d) The strategy should identify immediate actions necessary to prevent extinction of a listed salmon stock, establish performance measures to determine if restoration efforts are working, recommend effective monitoring and data management, and recommend to the legislature clear and certain measures to be implemented if performance goals are not met;

        (e) The strategy shall rely on the best scientific information available and provide for incorporation of new information as it is obtained;

        (f) The strategy should seek a fair allocation of the burdens and costs upon economic and social sectors of the state whose activities may contribute to limiting the recovery of salmon; and

        (g) The strategy should seek clear measures and procedures from the appropriate federal agencies for removing Washington's salmon stocks from listing under the federal act.

        (3) ((Beginning on September 1, 2000,)) If the strategy ((shall be)) is updated ((through)), an active and thorough public involvement process, including early and meaningful opportunity for public comment, must be utilized. In obtaining public comment, the governor's salmon recovery office shall ((hold public meetings)) work with regional salmon recovery organizations throughout the state and shall encourage regional and local recovery planning efforts to ((similarly)) ensure an active public involvement process.

        (4) This section shall apply prospectively only and not retroactively. Nothing in this section shall be construed to invalidate actions taken in recovery planning at the local, regional, or state level prior to July 1, 1999.


        Sec. 7. RCW 43.41.270 and 2001 c 227 s 2 are each amended to read as follows:

        (1) The office of financial management shall assist natural resource-related agencies in developing outcome-focused performance measures for administering natural resource-related and environmentally based grant and loan programs. These performance measures are to be used in determining grant eligibility, for program management and performance assessment.

        (2) The office of financial management and the governor's salmon recovery office shall assist natural resource-related agencies in developing recommendations for a monitoring program to measure outcome-focused performance measures required by this section. The recommendations must be consistent with the framework and coordinated monitoring strategy developed by the monitoring oversight committee established in RCW 77.85.210.

        (3) Natural resource agencies shall consult with grant or loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and report to the office of financial management on the implementation of this section. The office of financial management shall report to the appropriate legislative committees of the legislature on the agencies' implementation of this section, including any necessary changes in current law, and funding requirements by July 31, 2002. Natural resource agencies shall assist the office of financial management in preparing the report, including complying with time frames for submitting information established by the office of financial management.

        (4) For purposes of this section, "natural resource-related agencies" include the department of ecology, the department of natural resources, the department of fish and wildlife, the state conservation commission, the interagency committee for outdoor recreation, the salmon recovery funding board, and the public works board within the department of community, trade, and economic development.


        (5) For purposes of this section, "natural resource-related environmentally based grant and loan programs" includes the conservation reserve enhancement program; dairy nutrient management grants under chapter 90.64 RCW; state conservation commission water quality grants under chapter 89.08 RCW; coordinated prevention grants, public participation grants, and remedial action grants under RCW 70.105D.070; water pollution control facilities financing under chapter 70.146 RCW; aquatic lands enhancement grants under RCW ((79.24.580)) 79.105.150; habitat grants under the Washington wildlife and recreation program under RCW 79A.15.040; salmon recovery grants under chapter 77.85 RCW; and the public ((work[s])) works trust fund program under chapter 43.155 RCW. The term also includes programs administered by the department of fish and wildlife related to protection or recovery of fish stocks which are funded with moneys from the capital budget.


        NEW SECTION. Sec. 8. A new section is added to chapter 77.85 RCW to read as follows:

        (1) The legislature finds that pursuant to chapter 298, Laws of 2001, and acting upon recommendations of the state's independent science panel, the monitoring oversight committee developed recommendations for a comprehensive statewide strategy for monitoring watershed health, with a focus upon salmon recovery, entitled The Washington Comprehensive Monitoring Strategy and Action Plan for Watershed Health and Salmon Recovery. The legislature further finds that funding to begin implementing the strategy and action plan was provided in the 2003-2005 biennial budget, and that executive order 04-03 was issued to coordinate state agency implementation activities. It is therefore the purpose of this section to adopt the strategy and action plan and to provide guidance to ensure that the coordination activities directed by executive order 04-03 are effectively carried out.

        (2) The forum on monitoring salmon recovery and watershed health is created. The governor shall appoint a person with experience and expertise in natural resources and environmental quality monitoring to chair the forum. The chair shall serve four-year terms and may serve successive terms. The forum shall include representatives of the following state agencies and regional entities that have responsibilities related to monitoring of salmon recovery and watershed health:

        (a) Department of ecology;

        (b) Salmon recovery funding board;

        (c) Salmon recovery office;

        (d) Department of fish and wildlife;

        (e) Department of natural resources;

        (f) Puget Sound action team, or a successor state agency;

         (g) Conservation commission;

        (h) Department of agriculture;

        (i) Department of transportation; and

        (j) Each of the regional salmon recovery organizations.

        (3) The forum on monitoring salmon recovery and watershed health shall provide a multiagency venue for coordinating technical and policy issues and actions related to monitoring salmon recovery and watershed health.

        (4) The forum on monitoring salmon recovery and watershed health shall recommend a set of measures for use by the governor's salmon recovery office in the state of the salmon report to convey results and progress on salmon recovery and watershed health in ways that are easily understood by the general public.

        (5) The forum on monitoring salmon recovery and watershed health shall invite the participation of federal, tribal, regional, and local agencies and entities that carry out salmon recovery and watershed health monitoring, and work toward coordination and standardization of measures used.

        (6) The forum on monitoring salmon recovery and watershed health shall periodically report to the governor and the appropriate standing committees of the senate and house of representatives on the forum's activities and recommendations for improving monitoring programs by state agencies, coordinating with the governor's salmon recovery office biennial report as required by RCW 77.85.020.

        (7) The forum shall review pilot monitoring programs including those that integrate (a) data collection, management, and access; and (b) information regarding habitat projects and project management.

        (8) The forum on monitoring salmon recovery and watershed health shall review and make recommendations to the office of financial management and the appropriate legislative committees on agency budget requests related to monitoring salmon recovery and watershed health. These recommendations must be made no later than September 15th of each year. The goal of this review is to prioritize and integrate budget requests across agencies.


        NEW SECTION. Sec. 9. Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2007."


        Correct the title.

 

Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Dickerson; Grant; Kagi; McCoy; Newhouse; Strow and Van De Wege.

 

MINORITY recommendation: Do not pass. Signed by Representatives Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Hailey and Orcutt.

 

Referred to Committee on Appropriations.


March 28, 2007

SSB 5225     Prime Sponsor, Senate Committee On Water, Energy & Telecommunications: Modifying gas and hazardous liquid pipeline provisions. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; McCoy, Vice Chairman; Crouse, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Eddy; Ericksen; Hankins; Hudgins; Hurst; Takko and Van De Wege.


       Passed to Committee on Rules for second reading.


March 28, 2007

SB 5247       Prime Sponsor, Senator Spanel: Modifying provisions relating to superior court judicial positions. Reported by Committee on Appropriations


 

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Dunshee, Vice Chairman; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Buri; Chandler; Cody; Conway; Darneille; Dunn; Ericks; Fromhold; Grant; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Kretz; Linville; McDermott; McDonald; McIntire; Morrell; Pettigrew; Priest; Schual-Berke; Seaquist; P. Sullivan and Walsh.


       Passed to Committee on Rules for second reading.


March 27, 2007

SSB 5248     Prime Sponsor, Senate Committee On Agriculture & Rural Economic Development: Preserving the viability of agricultural lands. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. (1) The legislature finds that the goal of preserving Washington's agricultural lands is shared by citizens throughout the state. The legislature recognizes that efforts to achieve a balance between the productive use of these resource lands and associated regulatory requirements have proven difficult, but that good faith efforts to seek solutions have yielded successes. The legislature believes that this willingness to find and pursue common ground will enable Washingtonians to enjoy the benefits of a successful agricultural economy and a healthy environment, while also preventing the unnecessary conversion of valuable agricultural lands.

        (2) The legislature, therefore, intends this act, the temporary delays it establishes for amending or adopting provisions of certain critical area ordinances, and the duties and requirements it prescribes for the William D. Ruckelshaus Center, to be expressions of progress in resolving, harmonizing, and advancing commonly held environmental protection and agricultural viability goals.

        (3) The legislature fully expects the duties and requirements it is prescribing for the Ruckelshaus Center to be successful. If, however, the efforts of the center do not result in a consensus of how to best address the conflicts between agricultural activities and certain regulatory requirements as they apply to agricultural activities, the legislature intends, upon the expiration of the delay, to require jurisdictions that have delayed amending or adopting certain regulatory measures to promptly complete all regulatory amendments or adoptions necessary to comply with the growth management act.

        (4) The legislature does not intend this act to reduce or otherwise diminish existing critical area ordinances that apply to agricultural activities during the deferral period established in section 2 of this act.


        NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

        (1) For the period beginning May 1, 2007, and concluding July 1, 2009, counties and cities must defer amending or adopting critical area ordinances under RCW 36.70A.060(2) as they specifically apply to agricultural activities. Nothing in this section:

        (a) Nullifies critical area ordinances adopted by a county or city prior to May 1, 2007, to comply with RCW 36.70A.060(2);

        (b) Limits or otherwise modifies the obligations of a county or city to comply with the requirements of this chapter pertaining to critical areas not associated with agricultural activities; or

        (c) Limits the ability of a county or city to adopt or employ voluntary measures or programs to protect or enhance critical areas associated with agricultural activities.

        (2) Counties and cities that defer amending or adopting critical area ordinances under subsection (1) of this section must review and revise these ordinances and regulations as they specifically apply to agricultural activities to comply with the requirements of this chapter by July 1, 2010.

        (3) For purposes of this section and section 3 of this act, "agricultural activities" means agricultural uses and practices currently existing or legally allowed on rural land or agricultural land designated under RCW 36.70A.170 including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, when the replacement facility is no closer to a critical area than the original facility; and maintaining agricultural lands under production or cultivation.


        NEW SECTION. Sec. 3. (1) Subject to the availability of amounts appropriated for this specific purpose, the William D. Ruckelshaus Center must conduct an examination of the conflicts between agricultural activities and critical area ordinances adopted under chapter 36.70A RCW. The examination required by this section must commence by July 1, 2007.

        (2) In fulfilling the requirements of this section, the center must: (a) Work and consult with willing participants including, but not limited to, agricultural, environmental, tribal, and local government interests; and (b) involve and apprise legislators and legislative staff of its efforts.

        (3) The examination conducted by the center must be completed in two distinct phases in accordance with the following:

        (a) In the first phase, the center must conduct fact-finding and stakeholder discussions with stakeholders identified in subsection (2) of this section. These discussions must identify stakeholder concerns, desired outcomes, opportunities, and barriers. The fact-finding must identify existing regulatory, management, and scientific information related to agricultural activities and critical areas including, but not limited to: (i) Critical area ordinances adopted under chapter 36.70A RCW; (ii) acreage enrolled in the conservation reserve enhancement program; (iii) acreage protected by conservation easements; (iv) buffer widths; (v) requirements of federally approved salmon recovery plans; (vi) the impacts of agricultural activities on Puget Sound recovery efforts; and (vii) compliance with water quality requirements. The center must issue a report of its fact-finding efforts and stakeholder discussions to the governor and the appropriate committees of the house of representatives and the senate by December 1, 2007; and

        (b)(i) In the second phase, the center must facilitate discussions between the stakeholders identified in subsection (2) of this section to identify policy and financial options or opportunities to address the issues and desired outcomes identified by stakeholders in the first phase of the center's examination efforts.

         (ii) In particular, the stakeholders must examine innovative solutions including, but not limited to, outcome-based approaches that incorporate, to the maximum extent practicable, voluntary programs or approaches. Additionally, stakeholders must examine ways to modify statutory provisions to ensure that regulatory constraints on agricultural activities are used as a last resort if desired outcomes are not achieved through voluntary programs or approaches.

        (iii) The center must work to achieve agreement among participating stakeholders and to develop a coalition that can be used to support agreed upon changes or new approaches to protecting critical areas during the 2009 legislative session.

        (4) The center must issue a final report of findings and legislative recommendations to the governor and the appropriate committees of the house of representatives and the senate by September 1, 2008.


        NEW SECTION. Sec. 4. If specific funding for the purposes of section 3 of this act, referencing this act and section 3 of this act by bill or chapter number and section number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.


        NEW SECTION. Sec. 5. 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.


        NEW SECTION. Sec. 6. This act expires July 1, 2010."


        Correct the title.

 

Signed by Representatives Simpson, Chairman; Eddy, Vice Chairman; B. Sullivan and Takko.

 

MINORITY recommendation: Do not pass. Signed by Representatives Curtis, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Ross.


       Passed to Committee on Rules for second reading.


March 27, 2007

SSB 5288     Prime Sponsor, Senate Committee On Early Learning & K-12 Education: Requiring cyberbullying to be included in school district harassment prevention policies. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 28A.300.285 and 2002 c 207 s 2 are each amended to read as follows:

        (1) By August 1, 2003, each school district shall adopt or amend if necessary a policy, within the scope of its authority, that prohibits the harassment, intimidation, or bullying of any student. It is the responsibility of each school district to share this policy with parents or guardians, students, volunteers, and school employees.

        (2) "Harassment, intimidation, or bullying" means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A.36.080(3), or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act:

        (a) Physically harms a student or damages the student's property; or

        (b) Has the effect of substantially interfering with a student's education; or

        (c) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

        (d) Has the effect of substantially disrupting the orderly operation of the school.

        Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.

        (3) The policy should be adopted or amended through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives. It is recommended that each such policy emphasize positive character traits and values, including the importance of civil and respectful speech and conduct, and the responsibility of students to comply with the district's policy prohibiting harassment, intimidation, or bullying.

        (4) By August 1, 2002, the superintendent of public instruction, in consultation with representatives of parents, school personnel, and other interested parties, shall provide to school districts and educational service districts a model harassment, intimidation, and bullying prevention policy and training materials on the components that should be included in any district policy. Training materials shall be disseminated in a variety of ways, including workshops and other staff developmental activities, and through the office of the superintendent of public instruction's web site, with a link to the safety center web page. On the web site:

        (a) The office of the superintendent of public instruction shall post its model policy, recommended training materials, and instructional materials;

        (b) The office of the superintendent of public instruction has the authority to update with new technologies access to this information in the safety center, to the extent resources are made available; and

        (c) Individual school districts shall have direct access to the safety center web site to post a brief summary of their policies, programs, partnerships, vendors, and instructional and training materials, and to provide a link to the school district's web site for further information.

        (5) The Washington state school directors association, with the assistance of the office of the superintendent of public instruction, shall convene an advisory committee to develop a model policy prohibiting acts of harassment, intimidation, or bullying that are conducted via electronic means by a student while on school grounds and during the school day. The policy shall include a requirement that materials meant to educate parents and students about the seriousness of cyberbullying be disseminated to parents or made available on the school district's web site. The school directors association and the advisory committee shall develop sample materials for school districts to disseminate, which shall also include information on responsible and safe internet use as well as what options are available if a student is being bullied via electronic means, including but not limited to, reporting threats to local police and when to involve school officials, the internet service provider, or phone service provider. The school directors association shall submit the model policy and sample materials, along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy and sample materials on its web site by January 1, 2008. Each school district board of directors shall establish its own policy by August 1, 2008.

        (6) As used in this section, "electronic" or "electronic means" means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.


        NEW SECTION. Sec. 2. A new section is added to chapter 28A.300 RCW to read as follows:

        The office of the superintendent of public instruction shall collect and retain a copy of each school district's policy regarding harassment, intimidation, or bullying, including that conducted via electronic means. By December 1, 2008, the superintendent of public instruction shall report to the education committees of the legislature regarding the status of school districts' policies regarding harassment, intimidation, or bullying. The report may also include, but is not limited to, issues of concern at the district or state level regarding the implementation and application of such policies."


        Correct the title.

 

Signed by Representatives Quall, Chairman; Barlow, Vice Chairman; Priest, Ranking Minority Member; Haigh; McDermott; Roach; Santos and P. Sullivan.

 

MINORITY recommendation: Do not pass. Signed by Representative Anderson, Assistant Ranking Minority Member.


       Passed to Committee on Rules for second reading.


March 28, 2007

ESSB 5292   Prime Sponsor, Senate Committee On Health & Long-Term Care: Requiring the licensing of physical therapist assistants. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Campbell; Condotta; Curtis; Green; Moeller; Pedersen; Schual-Berke and Seaquist.


       Passed to Committee on Rules for second reading.


March 28, 2007

SSB 5320     Prime Sponsor, Senate Committee On Judiciary: Creating an office of public guardianship as an independent agency of the judiciary. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Goodman, Vice Chairman; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern; Flannigan; Kirby; Moeller; Pedersen; Ross and Williams.


       Referred to Committee on Appropriations.


March 28, 2007

SB 5383       Prime Sponsor, Senator Hargrove: Modifying provisions of the energy freedom program. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 15.110.005 and 2006 c 171 s 1 are each amended to read as follows:

        The legislature finds that:

        (1) Washington's dependence on energy supplied from outside the state and volatile global energy markets makes its economy and citizens vulnerable to unpredictable and high energy prices;

        (2) Washington's dependence on petroleum-based fuels increases energy costs for citizens and businesses;

        (3) Diesel soot from diesel engines ranks as the highest toxic air pollutant in Washington, leading to hundreds of premature deaths and increasing rates of asthma and other lung diseases;

        (4) The use of biodiesel results in significantly less air pollution than traditional diesel fuels;

        (5) Improper disposal and treatment of organic waste from farms and livestock operations can have a significant negative impact on water quality;

        (6) Washington has abundant supplies of organic wastes from farms that can be used for energy production and abundant farmland where crops could be grown to supplement or supplant petroleum-based fuels;

        (7) The use of energy and fuel derived from these sources can help citizens and businesses conserve energy and reduce the use of petroleum-based fuels, would improve air and water quality in Washington, reduce environmental risks from farm wastes, create new markets for farm products, and provide new industries and jobs for Washington citizens;

        (8) The bioenergy industry is a new and developing industry that is, in part, limited by the availability of capital for the construction of facilities for converting farm and forest products into energy and fuels;

        (9) Wind-generated electricity provides a pollution-free source of electricity, the utilization of which would be a valuable step toward improving the health of the regional environment;

        (10) Instead of leaving our economy at the mercy of global events, and the policies of foreign nations, Washington state should adopt a policy of energy independence; and

        (((10))) (11) The energy freedom program is meant to lead Washington state towards energy independence.

        Therefore, the legislature finds that it is in the public interest to encourage the rapid adoption and use of wind power and bioenergy, to develop a viable wind and bioenergy industry within Washington state, to promote public research and development in wind and bioenergy sources and markets, and to support wind power production and a viable agriculture industry to grow bioenergy crops. To accomplish this, the energy freedom program is established to promote public research and development in wind power and bioenergy, and to stimulate the construction of facilities in Washington to generate energy from wind and farm sources, or to convert organic matter into fuels.


        Sec. 2. RCW 15.110.010 and 2006 c 171 s 2 are each amended to read as follows:

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

        (1) "Applicant" means any political subdivision of the state, including port districts, counties, cities, towns, special purpose districts, and other municipal corporations or quasi-municipal corporations. "Applicant" may also include federally recognized tribes ((and)), state institutions of higher education with appropriate research capabilities, and not for profit or nonprofit corporations as defined in RCW 24.03.005.

        (2) "Assistance" includes loans, leases, product purchases, or other forms of financial or technical assistance.

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

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

         (5) "Peer review committee" means a board, appointed by the director, that includes wind or bioenergy specialists, energy conservation specialists, scientists, and individuals with specific recognized expertise.

        (6) "Project" means the construction of facilities, including the purchase of equipment, to convert farm products or wastes into electricity or gaseous or liquid fuels or other coproducts associated with such conversion. These specifically include fixed or mobile facilities to generate electricity or methane from the anaerobic digestion of organic matter, and fixed or mobile facilities for extracting oils from canola, rape, mustard, and other oilseeds. "Project" may also include the construction of facilities associated with such conversion for the distribution and storage of such feedstocks and fuels, or wind power up to five megawatts.

        (7) "Research and development project" means research and development, by an institution of higher education as defined in subsection (1) of this section, relating to:

        (a) Wind power;

        (b) Bioenergy sources including but not limited to biomass and associated gases; or

        (((b))) (c) The development of markets for bioenergy coproducts.


        Sec. 3. RCW 15.110.020 and 2006 c 171 s 3 are each amended to read as follows:

        (1) The energy freedom program is established within the department. The director may establish policies and procedures necessary for processing, reviewing, and approving applications made under this chapter.

        (2) When reviewing applications submitted under this program, the director shall consult with those agencies having expertise and knowledge to assess the technical and business feasibility of the project and probability of success. These agencies may include, but are not limited to, Washington State University, the University of Washington, the department of ecology, the department of community, trade, and economic development, and the Washington state conservation commission.

        (3) The director, in cooperation with the department of community, trade, and economic development, may approve an application only if the director finds:

        (a) The project will convert farm products, wind, or wastes directly into electricity or into gaseous or liquid fuels or other coproducts associated with such conversion;

        (b) The project demonstrates technical feasibility and directly assists in moving a commercially viable project into the marketplace for use by Washington state citizens;

        (c) The facility will produce long-term economic benefits to the state, a region of the state, or a particular community in the state;

        (d) The project does not require continuing state support;

        (e) The assistance will result in new jobs, job retention, or higher incomes for citizens of the state;

        (f) The state is provided an option under the assistance agreement to purchase a portion of the fuel or feedstock to be produced by the project, exercisable by the department of general administration, if applicable;

        (g) The project will increase energy independence or diversity for the state;

        (h) The project will use feedstocks produced in the state, if feasible, except this criterion does not apply to the construction of facilities used to distribute and store fuels that are produced from farm products or wastes, nor does it apply to wind projects;

        (i) Any product produced by the project will be suitable for its intended use, will meet accepted national or state standards, and will be stored and distributed in a safe and environmentally sound manner;

        (j) The application provides for adequate reporting or disclosure of financial and employment data to the director, and permits the director to require an annual or other periodic audit of the project books; and

        (k) For research and development projects, the application has been independently reviewed by a peer review committee as defined in RCW 15.110.010 and the findings delivered to the director.

        (4) The director may approve an application for assistance up to five million dollars. In no circumstances shall this assistance constitute more than fifty percent of the total project cost.

        (5) The director shall enter into agreements with approved applicants to fix the terms and rates of the assistance to minimize the costs to the applicants, and to encourage establishment of a viable bioenergy industry. The agreement shall include provisions to protect the state's investment, including a requirement that a successful applicant enter into contracts with any partners that may be involved in the use of any assistance provided under this program, including services, facilities, infrastructure, or equipment. Contracts with any partners shall become part of the application record.

        (6) The director may defer any payments for up to twenty-four months or until the project starts to receive revenue from operations, whichever is sooner.


        NEW SECTION. Sec. 4. This act expires June 30, 2016."


        Correct the title.

 

Signed by Representatives Morris, Chairman; McCoy, Vice Chairman; Crouse, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Eddy; Ericksen; Hankins; Hudgins; Hurst; Takko and Van De Wege.


       Referred to Committee on Capital Budget.


March 28, 2007

SSB 5445     Prime Sponsor, Senate Committee On Water, Energy & Telecommunications: Regarding cost-reimbursement agreements. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; McCoy, Vice Chairman; Crouse, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Eddy; Ericksen; Hankins; Hudgins; Hurst; Takko and Van De Wege.


       Passed to Committee on Rules for second reading.


March 28, 2007

SSB 5475     Prime Sponsor, Senate Committee On Water, Energy & Telecommunications: Modifying provisions affecting underground storage tanks. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Dickerson; Eickmeyer; Grant; Hailey; Kagi; McCoy; Newhouse; Orcutt; Strow and Van De Wege.

 

Referred to Committee on Appropriations.


March 28, 2007

SSB 5481     Prime Sponsor, Senate Committee On Water, Energy & Telecommunications: Including conservation measures in performance-based contracting. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; McCoy, Vice Chairman; Crouse, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Eddy; Ericksen; Hankins; Hudgins; Hurst; Takko and Van De Wege.


       Passed to Committee on Rules for second reading.


March 28, 2007

SSB 5503     Prime Sponsor, Senate Committee On Labor, Commerce, Research & Development: Licensing persons who offer athletic training services. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. It is the purpose of this chapter to provide for the licensure of persons offering athletic training services to the public and to ensure standards of competence and professional conduct on the part of athletic trainers.


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

        (1) "Athlete" means a person who participates in exercise, recreation, sport, or games requiring physical strength, range-of-motion, flexibility, body awareness and control, speed, stamina, or agility, and the exercise, recreation, sports, or games are of a type conducted in association with an educational institution or professional, amateur, or recreational sports club or organization.

        (2) "Athletic injury" means an injury or condition sustained by an athlete that affects the person's participation or performance in exercise, recreation, sport, or games and the injury or condition is within the professional preparation and education of an athletic trainer.

        (3) "Athletic trainer" means a person who is licensed under this chapter. An athletic trainer can practice athletic training through the consultation, referral, or guidelines of a licensed health care provider working within their scope of practice.

        (4)(a) "Athletic training" means the application of the following principles and methods as provided by a licensed athletic trainer:

        (i) Risk management and prevention of athletic injuries through preactivity screening and evaluation, educational programs, physical conditioning and reconditioning programs, application of commercial products, use of protective equipment, promotion of healthy behaviors, and reduction of environmental risks;

        (ii) Recognition, evaluation, and assessment of athletic injuries by obtaining a history of the athletic injury, inspection and palpation of the injured part and associated structures, and performance of specific testing techniques related to stability and function to determine the extent of an injury;

        (iii) Immediate care of athletic injuries, including emergency medical situations through the application of first-aid and emergency procedures and techniques for nonlife-threatening or life-threatening athletic injuries;

        (iv) Treatment, rehabilitation, and reconditioning of athletic injuries through the application of physical agents and modalities, therapeutic activities and exercise, standard reassessment techniques and procedures, commercial products, and educational programs, in accordance with guidelines established with a licensed health care provider as provided in section 8 of this act; and

        (v) Referral of an athlete to an appropriately licensed health care provider if the athletic injury requires further definitive care or the injury or condition is outside an athletic trainer's scope of practice, in accordance with section 8 of this act.

        (b) "Athletic training" does not include:

        (i) The use of spinal adjustment or manipulative mobilization of the spine and its immediate articulations;

        (ii) Orthotic or prosthetic services with the exception of evaluation, measurement, fitting, and adjustment of temporary, prefabricated or direct-formed orthosis as defined in chapter 18.200 RCW;

        (iii) The practice of occupational therapy as defined in chapter 18.59 RCW;

        (iv) The practice of acupuncture as defined in chapter 18.06 RCW;

        (v) Any medical diagnosis; and

        (vi) Prescribing legend drugs or controlled substances, or surgery.

        (5) "Committee" means the athletic training advisory committee.

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

        (7) "Licensed health care provider" means a physician, physician assistant, osteopathic physician, osteopathic physician assistant, advanced registered nurse practitioner, naturopath, physical therapist, chiropractor, dentist, massage practitioner, acupuncturist, occupational therapist, or podiatric physician and surgeon.

        (8) "Secretary" means the secretary of health or the secretary's designee.


        NEW SECTION. Sec. 3. (1) In addition to any other authority provided by law, the secretary may:

        (a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

        (b) Establish all license, examination, and renewal fees in accordance with RCW 43.70.250;

        (c) Establish forms and procedures necessary to administer this chapter;

        (d) Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.250 and 43.70.280. All fees collected under this section must be credited to the health professions account as required under RCW 43.70.320;

        (e) Develop and administer, or approve, or both, examinations to applicants for a license under this chapter;

        (f) Issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure. However, denial of licenses based on unprofessional conduct or impaired practice is governed by the uniform disciplinary act, chapter 18.130 RCW;

        (g) In consultation with the committee, approve examinations prepared or administered by private testing agencies or organizations for use by an applicant in meeting the licensing requirements under section 7 of this act;

        (h) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue licenses to individuals credentialed in those states that have successfully fulfilled the requirements of section 9 of this act;

        (i) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;

        (j) Maintain the official department record of all applicants and licensees; and

         (k) Establish requirements and procedures for an inactive license.

        (2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.


        NEW SECTION. Sec. 4. (1) The athletic training advisory committee is formed to further the purposes of this chapter.

        (2) The committee consists of five members. Four members of the committee must be athletic trainers licensed under this chapter and residing in this state, must have not less than five years' experience in the practice of athletic training, and must be actively engaged in practice within two years of appointment. The fifth member must be appointed from the public at large, and have an interest in the rights of consumers of health services.

        (3) The committee may provide advice on matters specifically identified and requested by the secretary, such as applications for licenses.

        (4) The committee may be requested by the secretary to approve an examination required for licensure under this chapter.

        (5) The committee, at the request of the secretary, may recommend rules in accordance with the administrative procedure act, chapter 34.05 RCW, relating to standards for appropriateness of athletic training care.

        (6) The committee must meet during the year as necessary to provide advice to the secretary. The committee may elect a chair and a vice-chair. A majority of the members currently serving constitute a quorum.

        (7) Each member of the committee must be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the committee must be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the committee.

        (8) The secretary, members of the committee, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the course of their duties.


        NEW SECTION. Sec. 5. It is unlawful for any person to practice or offer to practice as an athletic trainer, or to represent themselves or other persons to be legally able to provide services as an athletic trainer, unless the person is licensed under the provisions of this chapter.


        NEW SECTION. Sec. 6. Nothing in this chapter may prohibit, restrict, or require licensure of:

        (1) Any person licensed, certified, or registered in this state and performing services within the authorized scope of practice;

        (2) The practice by an individual employed by the government of the United States as an athletic trainer while engaged in the performance of duties prescribed by the laws of the United States;

        (3) Any person pursuing a supervised course of study in an accredited athletic training educational program, if the person is designated by a title that clearly indicates a student or trainee status;

        (4) An athletic trainer from another state for purposes of continuing education, consulting, or performing athletic training services while accompanying his or her group, individual, or representatives into Washington state on a temporary basis for no more than ninety days in a calendar year;

        (5) Any elementary, secondary, or postsecondary school teacher, educator, coach, or authorized volunteer who does not represent themselves to the public as an athletic trainer; or

        (6) A personal trainer employed by an athletic club or fitness center.


        NEW SECTION. Sec. 7. An applicant for an athletic trainer license must:

        (1) Have received a bachelor's or advanced degree from an accredited four-year college or university that meets the academic standards of athletic training, accepted by the secretary, as advised by the committee;

        (2) Have successfully completed an examination administered or approved by the secretary, in consultation with the committee; and


        (3) Submit an application on forms prescribed by the secretary and pay the licensure fee required under this chapter.


        NEW SECTION. Sec. 8. (1) Except as necessary to provide emergency care of athletic injuries, an athletic trainer shall not provide treatment, rehabilitation, or reconditioning services to any person except as specified in guidelines established with a licensed health care provider who is licensed to perform the services provided in the guidelines.

        (2) If there is no improvement in an athlete who has sustained an athletic injury within fifteen days of initiation of treatment, rehabilitation, or reconditioning, the athletic trainer must refer the athlete to a licensed health care provider that is appropriately licensed to assist the athlete.

        (3) If an athletic injury requires treatment, rehabilitation, or reconditioning for more than forty-five days, the athletic trainer must consult with, or refer the athlete to a licensed health care provider. The athletic trainer shall document the action taken.


        NEW SECTION. Sec. 9. Each applicant and license holder must comply with administrative procedures, administrative requirements, and fees under RCW 43.70.250 and 43.70.280. The secretary shall furnish a license to any person who applies and who has qualified under the provisions of this chapter.


        NEW SECTION. Sec. 10. Nothing in this chapter restricts the ability of athletic trainers to work in the practice setting of his or her choice.


        NEW SECTION. Sec. 11. Nothing in this chapter may be construed to require that a health carrier defined in RCW 48.43.005 contract with a person licensed as an athletic trainer under this chapter.


        Sec. 12. RCW 48.43.045 and 2006 c 25 s 7 are each amended to read as follows:

        (1) Every health plan delivered, issued for delivery, or renewed by a health carrier on and after January 1, 1996, shall:

        (((1))) (a) Permit every category of health care provider to provide health services or care for conditions included in the basic health plan services to the extent that:

         (((a))) (i) The provision of such health services or care is within the health care providers' permitted scope of practice; and

        (((b))) (ii) The providers agree to abide by standards related to:

        (((i))) (A) Provision, utilization review, and cost containment of health services;

        (((ii))) (B) Management and administrative procedures; and

        (((iii))) (C) Provision of cost-effective and clinically efficacious health services.

        (((2))) (b) Annually report the names and addresses of all officers, directors, or trustees of the health carrier during the preceding year, and the amount of wages, expense reimbursements, or other payments to such individuals, unless substantially similar information is filed with the commissioner or the national association of insurance commissioners. This requirement does not apply to a foreign or alien insurer regulated under chapter 48.20 or 48.21 RCW that files a supplemental compensation exhibit in its annual statement as required by law.

        (2) The requirements of subsection (1)(a) of this section do not apply to a licensed health care profession regulated under Title 18 RCW when the licensing statute for the profession states that such requirements do not apply.


        Sec. 13. RCW 18.130.040 and 2004 c 38 s 2 are each amended to read as follows:

        (1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

        (2)(a) The secretary has authority under this chapter in relation to the following professions:

        (i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW;

        (ii) Naturopaths licensed under chapter 18.36A RCW;

        (iii) Midwives licensed under chapter 18.50 RCW;

        (iv) Ocularists licensed under chapter 18.55 RCW;

        (v) Massage operators and businesses licensed under chapter 18.108 RCW;

         (vi) Dental hygienists licensed under chapter 18.29 RCW;

        (vii) Acupuncturists licensed under chapter 18.06 RCW;

        (viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

        (ix) Respiratory care practitioners licensed under chapter 18.89 RCW;

        (x) Persons registered under chapter 18.19 RCW;

        (xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW;

        (xii) Persons registered as nursing pool operators under chapter 18.52C RCW;

        (xiii) Nursing assistants registered or certified under chapter 18.88A RCW;

        (xiv) Health care assistants certified under chapter 18.135 RCW;

        (xv) Dietitians and nutritionists certified under chapter 18.138 RCW;

        (xvi) Chemical dependency professionals certified under chapter 18.205 RCW;

        (xvii) Sex offender treatment providers and certified affiliate sex offender treatment providers certified under chapter 18.155 RCW;

        (xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

        (xix) Denturists licensed under chapter 18.30 RCW;

        (xx) Orthotists and prosthetists licensed under chapter 18.200 RCW;

        (xxi) Surgical technologists registered under chapter 18.215 RCW; ((and))

        (xxii) Recreational therapists; and

        (xxiii) Athletic trainers licensed under chapter 18.-- RCW (sections 1 through 11 of this act).

        (b) The boards and commissions having authority under this chapter are as follows:

        (i) The podiatric medical board as established in chapter 18.22 RCW;

        (ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

        (iii) The dental quality assurance commission as established in chapter 18.32 RCW;

         (iv) The board of hearing and speech as established in chapter 18.35 RCW;

        (v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

        (vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;


        (vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

        (viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

        (ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

        (x) The board of physical therapy as established in chapter 18.74 RCW;

        (xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

        (xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses and registrations issued under that chapter;

        (xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

        (xiv) The veterinary board of governors as established in chapter 18.92 RCW.

        (3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

        (4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.


        NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


        NEW SECTION. Sec. 15. Sections 1 through 11 of this act constitute a new chapter in Title 18 RCW.


        NEW SECTION. Sec. 16. This act takes effect July 1, 2008.


        NEW SECTION. Sec. 17. The secretary of health may take the necessary steps to ensure that this act is implemented on its effective date."


        Correct the title.

 

Signed by Representatives Morrell, Vice Chairman; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow; Condotta; Curtis; Green; Moeller; Pedersen; Schual-Berke and Seaquist.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Cody, Chairman; Campbell.

 

Referred to Committee on Appropriations.


March 28, 2007

2SSB 5652   Prime Sponsor, Senate Committee On Ways & Means: Establishing the microenterprise development program. Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Pettigrew, Vice Chairman; Bailey, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Chase; Darneille; Rolfes and P. Sullivan.

 

Referred to Committee on Appropriations.


March 27, 2007

SSB 5676     Prime Sponsor, Senate Committee On Labor, Commerce, Research & Development: Revising provision for receipt of temporary total disability. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Green; Moeller and Williams.

 

MINORITY recommendation: Do not pass. Signed by Representatives Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member.


        Passed to Committee on Rules for second reading.


March 27, 2007

SSB 5714     Prime Sponsor, Senate Committee On Early Learning & K-12 Education: Creating a pilot program of Spanish and Chinese language instruction. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Barlow, Vice Chairman; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh; McDermott; Roach; Santos and P. Sullivan.

 

Referred to Committee on Appropriations.


March 28, 2007

SB 5778       Prime Sponsor, Senator Fraser: Concerning shellfish protection programs. Reported by Committee on Select Committee on Puget Sound

 

MAJORITY recommendation: Do pass. Signed by Representatives Upthegrove, Chairman; Eickmeyer, Vice Chairman; O'Brien; Rolfes and Springer.

 


MINORITY recommendation: Do not pass. Signed by Representatives Sump, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Pearson.


       Passed to Committee on Rules for second reading.


March 27, 2007

E2SSB 5843        Prime Sponsor, Senate Committee On Ways & Means: Regarding educational data and data systems. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Barlow, Vice Chairman; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh; McDermott; Roach; Santos and P. Sullivan.


       Referred to Committee on Appropriations.


March 28, 2007

E2SSB 5923        Prime Sponsor, Senate Committee On Ways & Means: Regarding aquatic invasive species enforcement and control. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 43.43.400 and 2005 c 464 s 5 are each amended to read as follows:

        (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:

        (a) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under RCW 77.08.010 (49) through (54), aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).

        (b) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.

        (2) The aquatic invasive species enforcement account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.

        (((2))) (3) Funds in the aquatic invasive species enforcement account may be appropriated to the Washington state patrol and the department of fish and wildlife to develop an aquatic invasive species enforcement program for recreational and commercial watercraft, which includes equipment used to transport the watercraft and auxiliary equipment such as attached or detached outboard motors. Funds must be expended as follows:

        (a) By the Washington state patrol, to inspect recreational and commercial watercraft that are required to stop at port of entry weigh stations managed by the Washington state patrol. The watercraft must be inspected for the presence of ((zebra mussels and other)) aquatic invasive species; and

        (b) By the department of fish and wildlife to:

        (i) Establish random check stations, ((in conjunction with the department of fish and wildlife,)) to inspect recreational and commercial watercraft ((in areas of high boating activity)) as provided for in RCW 77.12.879(3);

        (ii) Inspect or delegate inspection of recreational and commercial watercraft. If the department conducts the inspection, there will be no cost to the person requesting the inspection;

        (iii) Provide training to all department employees that are deployed in the field to inspect recreational and commercial watercraft; and

        (iv) Provide an inspection receipt verifying that the watercraft is not contaminated after the watercraft has been inspected at a check station or has been inspected at the request of the owner of the recreational or commercial watercraft. The inspection receipt is valid until the watercraft is used again.

        (((3))) (4) The Washington state patrol and the department of fish and wildlife shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.


        Sec. 2. RCW 77.08.010 and 2005 c 104 s 1 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

         (38) "Resident" means:

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

        (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.

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

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

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

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

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

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

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

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

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


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

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

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

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

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

        (d) Threatens or harms human health.

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

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

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

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

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

        (55) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.

        (56) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (49) through (54) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).

        (57) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.


        Sec. 3. RCW 77.12.879 and 2005 c 464 s 3 are each amended to read as follows:

        (1) The aquatic invasive species prevention account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.

        (2) Funds in the aquatic invasive species prevention account may be appropriated to the department to develop an aquatic invasive species prevention program for recreational and commercial watercraft. Funds must be expended as follows:

        (a) To inspect recreational and commercial watercraft((, watercraft trailers, and outboard motors at selected boat launching sites));

        (b) To educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;

        (c) To evaluate and survey the risk posed by ((marine)) recreational and commercial watercraft in spreading aquatic invasive species into Washington state waters;

        (d) To evaluate the risk posed by float planes in spreading aquatic invasive species into Washington state waters; and

        (e) To implement an aquatic invasive species early detection and rapid response plan. The plan must address the treatment and immediate response to the introduction to Washington waters of aquatic invasive species. Agency and public review of the plan must be conducted under chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant adverse environmental impact, a detailed statement under chapter 43.21C RCW must be prepared on the plan.

        (3) Funds in the aquatic invasive species enforcement account created in RCW 43.43.400 may be appropriated to the department and Washington state patrol to develop an aquatic invasive species enforcement program for recreational and commercial watercraft. The department shall provide training to Washington state patrol employees working at port of entry weigh stations on how to inspect recreational and commercial watercraft for the presence of ((zebra mussels and other)) aquatic invasive species. The department ((shall also cooperatively work with the Washington state patrol to set up random check stations to inspect watercraft at areas of high boating activity)) is authorized to require persons transporting recreational and commercial watercraft to stop at check stations. Check stations must be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner. Any person stopped at a check station who possesses a recreational or commercial watercraft that is contaminated with aquatic invasive species is exempt from the criminal penalties found in RCW 77.15.253 and 77.15.290, and forfeiture under RCW 77.15.070, if that person complies with all department directives for the proper decontamination of the watercraft and equipment.

        (4) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.


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

        (1) The department shall adopt rules governing how and when the owners of recreational and commercial watercraft may request an inspection of the watercraft for the presence of aquatic invasive species. The department may coordinate with other states on inspection requirements and may determine when other state inspections meet Washington standards.

        (2) The department shall develop and post signs warning vessel owners of the threat of aquatic invasive species, the penalties associated with introduction of an aquatic invasive species, and the contact information for obtaining a free inspection. The signs should provide enough information for the public to discern whether the vessel has been operated in an area that would warrant the need for an inspection. The department shall consult with the state patrol and the department of transportation regarding proper placement and authorization for sign posting.

        (3) All port districts, privately or publicly owned marinas, state parks, and all state agencies or political subdivisions that own or lease a boat launch must display a sign provided by the department as described under subsection (2) of this section. Signs must be posted in a location near the boat launch to provide maximum visibility to the public.

         (4) The department must coordinate with the Washington state parks and recreation commission to include such information in all boating publications provided to the public. The department shall also include the information on the department's internet site.



        Sec. 5. RCW 77.15.253 and 2002 c 281 s 4 are each amended to read as follows:

        (1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, except as provided in this section.

        (2) Unless otherwise prohibited by law, a person may:

        (a) Transport prohibited aquatic animal species to the department, or to another destination designated by the director, in a manner designated by the director, for purposes of identifying a species or reporting the presence of a species;

        (b) Possess a prohibited aquatic animal species if he or she is in the process of removing it from watercraft or equipment in a manner specified by the department;

        (c) Release a prohibited aquatic animal species if the species was caught while fishing and it is being immediately returned to the water from which it came; or

        (d) Possess, transport, or release a prohibited aquatic animal species as the commission may otherwise prescribe.

        (3) Unlawful use of a prohibited aquatic animal species is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony.

        (4) A person is guilty of unlawful release of a regulated aquatic animal species if he or she releases a regulated aquatic animal species into state waters, unless allowed by the commission.

        (5) Unlawful release of a regulated aquatic animal species is a gross misdemeanor.

        (6) A person is guilty of unlawful release of an unlisted aquatic animal species if he or she releases an unlisted aquatic animal species into state waters without requesting a commission designation under RCW 77.12.020.

        (7) Unlawful release of an unlisted aquatic animal species is a gross misdemeanor.

         (8) This section does not apply to:

        (a) The transportation or release of organisms in ballast water;

        (b) A person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species, if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or

        (c) A person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department and has received a receipt verifying that the watercraft has not been contaminated since its last use.


        Sec. 6. RCW 77.15.290 and 2002 c 281 s 7 are each amended to read as follows:

        (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:

        (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or

        (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the commission or director.

        (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:

        (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or

        (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.

         (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.

        (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.

        (4) A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.

        (5) Unless otherwise prohibited by law, a person may transport aquatic plants:

        (a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;

        (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;

        (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;

        (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or

        (e) As the commission may otherwise prescribe.

        (6) Unlawful transport of aquatic plants is a misdemeanor.

        (7) This section does not apply to: (a) Any person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.


        NEW SECTION. Sec. 7. A new section is added to chapter 77.15 RCW to read as follows:

        (1) A person is guilty of unlawfully avoiding aquatic invasive species check stations if the person fails to:

        (a) Obey check station signs; or

        (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer.

         (2) Unlawfully avoiding aquatic invasive species check stations is a gross misdemeanor.


        NEW SECTION. Sec. 8. A new section is added to chapter 77.12 RCW to read as follows:

        The department shall develop a programmatic environmental impact statement prepared pursuant to chapter 43.21C RCW, to address the department's aquatic invasive species early detection and rapid response plan created under RCW 77.12.879(2). The plan shall address the treatment and immediate response to the introduction to Washington waters of aquatic invasive species.


        Sec. 9. RCW 77.120.010 and 2000 c 108 s 2 are each amended to read as follows:

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


        (1) "Ballast tank" means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.

        (2) "Ballast water" means any water and matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.

        (3) "Empty/refill exchange" means to pump out, until the tank is empty or as close to empty as the master or operator determines is safe, the ballast water taken on in ports, estuarine, or territorial waters, and then refilling the tank with open sea waters.

        (4) "Exchange" means to replace the water in a ballast tank using either flow through exchange, empty/refill exchange, or other exchange methodology recommended or required by the United States coast guard.

        (5) "Flow through exchange" means to flush out ballast water by pumping in midocean water at the bottom of the tank and continuously overflowing the tank from the top until three full volumes of water have been changed to minimize the number of original organisms remaining in the tank.

        (6) "Nonindigenous species" means any species or other viable biological material that enters an ecosystem beyond its natural range.

        (7) "Open sea exchange" means an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.

        (8) "Recognized marine trade association" means those trade associations in Washington state that promote improved ballast water management practices by educating their members on the provisions of this chapter, participating in regional ballast water coordination through the Pacific ballast water group, assisting the department in the collection of ballast water exchange forms, and the monitoring of ballast water. This includes members of the Puget Sound marine committee for Puget Sound and the Columbia river steamship operators association for the Columbia river.

        (9) "Sediments" means any matter settled out of ballast water within a vessel.

        (10) "Untreated ballast water" includes exchanged or unexchanged ballast water that has not undergone treatment.

        (11) "Vessel" means a ((self-propelled)) ship ((in commerce)), boat, barge, or other floating craft of three hundred gross tons or more, United States and foreign, carrying, or capable of carrying, ballast water into the coastal waters of the state after operating outside of the coastal waters of the state, except those vessels described in RCW 77.120.020.

        (12) "Voyage" means any transit by a vessel destined for any Washington port.

        (13) "Waters of the state" means any surface waters, including internal waters contiguous to state shorelines within the boundaries of the state.


        Sec. 10. RCW 77.120.020 and 2000 c 108 s 3 are each amended to read as follows:

        (1) This chapter applies to all vessels ((carrying ballast water)) transiting into the waters of the state from a voyage, except:

        (a) A vessel of the United States department of defense or United States coast guard subject to the requirements of section 1103 of the national invasive species act of 1996, or any vessel of the armed forces, as defined in 33 U.S.C. Sec. 1322(a)(14), that is subject to the uniform national discharge standards for vessels of the armed forces under 33 U.S.C. Sec. 1322(n);

         (b) A vessel (((i))) that discharges ballast water or sediments only at the location where the ballast water or sediments originated, if the ballast water or sediments do not mix with ballast water or sediments from areas other than open sea waters((; or (ii) that does not discharge ballast water in Washington waters)); and

        (c) A vessel in innocent passage, merely traversing the ((internal waters of Washington in the Strait of Juan de Fuca, bound for a port in Canada,)) territorial sea of the United States and not entering or departing a United States port, ((or a vessel in innocent passage, which is a vessel merely traversing the territorial sea of the United States and not entering or departing a United States port,)) or not navigating the internal waters of the United States((; and

        (d) A crude oil tanker that does not exchange or discharge ballast water into the waters of the state)), and that does not discharge ballast water into the waters of the state.

        (2) This chapter does not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal, or international laws or regulations. Ballast water containing oil, noxious liquid substances, or any other pollutant shall be discharged in accordance with the applicable requirements.

        (3) The master or operator in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers. Nothing in this chapter relieves the master or operator in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers.


        Sec. 11. RCW 77.120.030 and 2004 c 227 s 3 are each amended to read as follows:

        (1) The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not discharge ballast water into the waters of the state except as authorized by this section.

        (((1) Discharge into waters of the state is authorized if the vessel has conducted an open sea exchange of ballast water. A vessel is exempt from this requirement if the vessel's master reasonably determines that such a ballast water exchange operation will threaten the safety of the vessel or the vessel's crew, or is not feasible due to vessel design limitations or equipment failure. If a vessel relies on this exemption, then it may discharge ballast water into waters of the state, subject to any requirements of treatment under subsection (2) of this section and subject to RCW 77.120.040.))

        (2) ((After July 1, 2007,)) Discharge of ballast water into waters of the state is authorized only if there has been an open sea exchange, or if the vessel has treated its ballast water, to meet standards set by the department consistent with applicable state and federal laws. ((When weather or extraordinary circumstances make access to treatment unsafe to the vessel or crew, the master of a vessel may delay compliance with any treatment required under this subsection until it is safe to complete the treatment.

        (3) Masters, owners, operators, or persons-in-charge shall submit to the department an interim ballast water management report by July 1, 2006, in the form and manner prescribed by the department. The report shall describe actions needed to implement the ballast water requirements in subsection (2) of this section, including treatment methods applicable to the class of the vessel. Reports may include a statement that there are no treatment methods applicable to the vessel for which the report is being submitted.

        (4) The ballast water work group created in section 1, chapter 282, Laws of 2002 shall develop recommendations for the interim ballast water management report. The recommendations must include, but are not limited to:


        (a) Actions that the vessel owner or operator will take to implement the ballast water requirements in subsection (2) of this section, including treatment methods applicable to the class of the vessel;

        (b) Necessary plan elements when there are not treatment methods applicable to the vessel for which the report is being submitted, or which would meet the requirements of this chapter; and

        (c) The method, form, and content of reporting to be used for such reports.))

        (3) The department, in consultation with the ballast water work group, or similar collaborative forum, shall adopt by rule standards for the discharge of ballast water into the waters of the state and their implementation timelines. The standards are intended to ensure that the discharge of ballast water poses minimal risk of introducing nonindigenous species. In developing these standards, the department shall consider the extent to which the requirement is technologically and practically feasible. Where practical and appropriate, the standards must be compatible with standards set by the United States coast guard, the federal clean water act (33 U.S.C. Sec. 1251-1387), or the international maritime organization.

        (4) The master, operator, or person in charge of a vessel is not required to conduct an open sea exchange or treatment of ballast water if the master, operator, or person in charge of a vessel determines that the operation would threaten the safety of the vessel, its crew, or its passengers, because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions. A master, operator, or person in charge of a vessel who relies on this exemption must file documentation defined by the department, subject to: (a) Payment of a fee not to exceed five thousand dollars; (b) discharging only the minimal amount of ballast water operationally necessary; (c) ensuring that ballast water records accurately reflect any reasons for not complying with the mandatory requirements; and (d) any other requirements identified by the department by rule as provided in subsections (3) and (6) of this section.

        (5) For treatment technologies requiring shipyard modification ((that cannot reasonably be performed prior to July 1, 2007, the department shall provide the vessel owner or operator with an extension to the first scheduled drydock or shipyard period following July 1, 2007)), the department may enter into a compliance plan with the vessel owner. The compliance plan must include a timeline consistent with drydock and shipyard schedules for completion of the modification. The department shall adopt rules for compliance plans under this subsection.

        (6) For an exemption claimed in subsection (4) of this section, the department shall adopt rules for defining exemption conditions, requirements, compliance plans, or alternative ballast water management strategies to meet the intent of this section.

        (((6))) (7) The department shall make every effort to align ballast water standards with adopted international and federal standards while ensuring that the goals of this chapter are met.

        (((7))) (8) The requirements of this section do not apply to a vessel discharging ballast water or sediments that originated solely within the waters of Washington state, the Columbia river system, or the internal waters of British Columbia south of latitude fifty degrees north, including the waters of the Straits of Georgia and Juan de Fuca.

        (((8))) (9) Open sea exchange is an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.


        Sec. 12. 2004 c 227 s 2 (uncodified) is amended to read as follows:

        (1) ((The director of the department of fish and wildlife must establish the)) A ballast water work group is created to assist the department in the implementation of this chapter. The director shall make appointments to the work group from the names provided by the entities identified in this section.

        (2) The ballast water work group consists of the following individuals:

        (a) One staff person from the governor's executive policy office. This person must act as chair of the ballast water work group;

        (b) Two representatives from the ((Puget Sound steamship operators)) Pacific merchant shipping association;

        (c) Two representatives from the Columbia river steamship operators;

        (d) Three representatives from the Washington public ports, one of whom must be a marine engineer;

        (e) Two representatives from the petroleum transportation industry;

        (f) One representative from the Puget Sound water quality action team;

        (g) Two representatives from the environmental community;

        (h) One representative of the shellfish industry;

        (i) One representative of the tribes;

        (j) One representative of maritime labor; ((and))

        (k) One representative from the department ((of fish and wildlife));

        (l) One representative from the department of ecology;

        (m) One representative from the cruise ship industry; and

        (n) One representative from the department of natural resources.

         (3) The ballast water work group must ((study, and provide a report to the legislature by December 15, 2006, the following issues)) begin operation immediately upon the effective date of this section. The Puget Sound action team or its successor agency must provide staff for the ballast water work group from existing personnel within the action team. The ballast water work group must:

        (a) ((All issues relating to ballast water technology, including exchange and treatment methods, management plans, the associated costs, and the availability of feasible and proven ballast water treatment technologies that could be cost-effectively installed on vessels that typically call on Washington ports;

        (b) The services needed by the industry and the state to protect the marine environment, including penalties and enforcement;

        (c) The costs associated with, and possible funding methods for, implementing the ballast water program;

        (d) Consistency with federal and international standards, and identification of gaps between those standards, and the need for additional measures, if any, to meet the goals of this chapter;

        (e) Describe how the costs of treatment required as of July 1, 2007, will be substantially equivalent among ports where treatment is required;

        (f) Describe how the states of Washington and Oregon are coordinating their efforts for ballast water management in the Columbia river system; and

        (g) Describe how the states of Washington, Oregon, and California and the province of British Columbia are coordinating their efforts for ballast water management on the west coast.

        (4) The ballast water work group must begin operation immediately upon the effective date of this section. The Puget Sound water quality action team must provide staff for the ballast water work group. The staff must come from existing personnel within the team)) Provide a report to the legislature by July 1, 2009, on the progress of the work group on the tasks listed in this section, and report on compliance with this act, and recommendations for improvements, if any, to the ballast water program;

        (b) Work with the state of Oregon to develop a consistent, coordinated, and enforceable ballast water management program for the Columbia river that is acceptable to both states;

         (c) Advise the department on potential strategies to establish and maintain an inventory of introduced nonindigenous plants and animals in state waters in and adjacent to ports, harbors, oil transfer facilities, grain elevators, and other ship-berthing facilities and evaluate the effectiveness of the program and a program to assess vessel-specific risks;

        (d) Help the department review the needs of the ballast water program, including research investments, and identify unmet needs, and work through the Puget Sound action team's and the department's internal budget development process to secure needed funds;

        (e) Help the department develop and align the state program with national and regional ballast water management programs;

        (f) Assist the department by developing a workable technical and financial assistance program to support the shipping industry to comply with state ballast water laws and rules;

        (g) Work with the United States coast guard and the department of ecology to improve coordination and integration of vessel inspection procedures among agencies that board and inspect vessels and identify ways to minimize apparent duplication of effort, work more effectively with vessel masters and crew, and recommend changes to state law to streamline the program, if needed;

        (h) Outline funding, policy, and program recommendations to support the state's management program;

        (i) Coordinate, in association with the departments of fish and wildlife, ecology, and natural resources, the Puget Sound action team, the Washington invasive species council, and other interested parties, the development of a management approach for nonballast water ship vectors as a source of nonindigenous species such as ship hull fouling, sea chests and equipment, and vessels equipped with ballast tanks that carry no ballast onboard;

        (j) Review and provide comment on proposed federal legislation, international and regional programs, and other policy arenas;

        (k) Harmonize the state ballast water program with western coastal states, British Columbia, and Canada;

        (l) Work with the department's science advisory panel to develop a science research plan and estimated costs to answer key research and management questions;

         (m) Provide recommendations and technical information to assist the department in determining if and when it is necessary or advisable to adjust rules and guidance for the ballast water management program to achieve resource goals and objectives;

        (n) Coordinate, in association with the department, the departments of ecology and natural resources, the Puget Sound action team, the Washington invasive species council, and other interested parties, recommendations for a management approach for treatment of unexchanged ballast water when vessels claim an exemption under RCW 77.120.030. The recommendations may consider shore-based management, emergency chemical application, or other treatment methods that meet state and federal requirements. The recommendations may also address potential liability issues relating to discharge of ballast water. The ballast water work group shall invite the United States environmental protection agency and the United States coast guard to participate in this evaluation. The ballast water work group shall provide a report of the recommendations to the legislature by July 1, 2008;

        (o) Other responsibilities, as necessary.

        (((5))) (4) The director must also monitor the activities of the task force created by the state of Oregon in 2001 Or. Laws 722, concerning ballast water management. The director shall provide the ballast water work group with periodic updates of the Oregon task force's efforts at developing a ballast water management system.

        (((6)(a) The ballast water work group expires June 30, 2007.

        (b) This section expires June 30, 2007.))


        Sec. 13. RCW 77.120.070 and 2000 c 108 s 8 are each amended to read as follows:

        (1) ((Except as limited by subsection (2) or (3) of this section,)) The department may establish by rule schedules for any penalty allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule.

        (2) The director or the director's designee may impose a civil penalty or warning for a violation of the requirements of this chapter on the owner or operator in charge of a vessel who fails to comply with the requirements imposed under RCW 77.120.030 and 77.120.040. The penalty shall not exceed ((five)) twenty-seven thousand five hundred dollars for each day of a continuing violation. In determining the amount of a civil penalty, the department shall set standards by rule that consider if the violation was intentional, negligent, or without any fault, and shall consider the quality and nature of risks created by the violation. The owner or operator subject to such a penalty may contest the determination by requesting an adjudicative proceeding within twenty days. Any determination not timely contested is final and may be reduced to a judgment enforceable in any court with jurisdiction. If the department prevails using any judicial process to collect a penalty under this section, the department shall also be awarded its costs and reasonable attorneys' fees.

        (((2) The civil penalty for a violation of reporting requirements of RCW 77.120.040 shall not exceed five hundred dollars per violation.

        (3) Any owner or operator who knowingly, and with intent to deceive, falsifies a ballast water management report form is liable for a civil penalty in an amount not to exceed five thousand dollars per violation, in addition to any criminal liability that may attach to the filing of false documents.

        (4))) (3) The department, in cooperation with the United States coast guard, may enforce the requirements of this chapter.


        NEW SECTION. Sec. 14. A new section is added to chapter 77.120 RCW to read as follows:

        The department may assess a fee for any exemptions allowed under this chapter. Such a fee may not exceed five thousand dollars. The department may establish by rule schedules for any fee allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule.


        NEW SECTION. Sec. 15. A new section is added to chapter 77.120 RCW to read as follows:

        (1) The ballast water management account is created in the state treasury. All receipts from legislative appropriations, gifts, grants, donations, penalties, and fees received under this chapter must be deposited into the account.

        (2) Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to carry out the purposes of this chapter or support the goals of this chapter through research and monitoring except:


         (a) Expenditures may not be used for the salaries of permanent department employees; and

        (b) Penalties deposited into the account may be used, in consultation with the ballast water work group created in section 12 of this act, only to support basic and applied research and carry out education and outreach related to the state's ballast water management.


        NEW SECTION. Sec. 16. A new section is added to chapter 77.120 RCW to read as follows:

        The department may issue a special operating authorization for passenger vessels conducting or assisting in research and testing activities to determine the presence of invasive species in ballast water collected in the waters of southeast Alaska north of latitude fifty-four degrees thirty minutes north to sixty-one degrees ten minutes north, extending to longitude one hundred forty-nine degrees thirty minutes west. Such testing and research shall be reviewed by the ballast water work group, who may make recommendations to the department. The department may adopt rules for defining special operating authorization conditions, requirements, limitations, and fees as necessary to implement this section, consistent with the intent of this chapter.


        NEW SECTION. Sec. 17. Section 12 of this act is added to chapter 77.120 RCW.


        NEW SECTION. Sec. 18. The following acts or parts of acts are each repealed:

        (1) RCW 77.120.060 (Report to legislature--Results of chapter) and 2002 c 282 s 4 & 2000 c 108 s 7;

        (2) RCW 77.120.080 (Legislative review of chapter--Recommendations) and 2000 c 108 s 9; and

        (3) RCW 77.120.090 (Ballast water information system--Improvements) and 2002 c 282 s 5."


        Correct the title.

 

Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Dickerson; Eickmeyer; Grant; Hailey; Kagi; McCoy; Newhouse; Orcutt; Strow and Van De Wege.


       Referred to Committee on Appropriations.


March 28, 2007

E2SSB 5958        Prime Sponsor, Senate Committee On Ways & Means: Creating innovative primary health care delivery. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. It is the public policy of Washington to promote access to medical care for all citizens and to encourage innovative arrangements between patients and providers that will help provide all citizens with a medical home.

        Washington needs a multipronged approach to provide adequate health care to many citizens who lack adequate access to it. Direct patient-provider practices, in which patients enter into a direct relationship with medical practitioners and pay a fixed amount directly to the health care provider for primary care services, represent an innovative, affordable option which could improve access to medical care, reduce the number of people who now lack such access, and cut down on emergency room use for primary care purposes, thereby freeing up emergency room facilities to treat true emergencies.


        Sec. 2. RCW 48.44.010 and 1990 c 120 s 1 are each amended to read as follows:

        For the purposes of this chapter:

        (1) "Health care services" means and includes medical, surgical, dental, chiropractic, hospital, optometric, podiatric, pharmaceutical, ambulance, custodial, mental health, and other therapeutic services.

        (2) "Provider" means any health professional, hospital, or other institution, organization, or person that furnishes health care services and is licensed to furnish such services.

        (3) "Health care service contractor" means any corporation, cooperative group, or association, which is sponsored by or otherwise intimately connected with a provider or group of providers, who or which not otherwise being engaged in the insurance business, accepts prepayment for health care services from or for the benefit of persons or groups of persons as consideration for providing such persons with any health care services. "Health care service contractor" does not include direct patient-provider primary care practices as defined in section 3 of this act.

        (4) "Participating provider" means a provider, who or which has contracted in writing with a health care service contractor to accept payment from and to look solely to such contractor according to the terms of the subscriber contract for any health care services rendered to a person who has previously paid, or on whose behalf prepayment has been made, to such contractor for such services.

        (5) "Enrolled participant" means a person or group of persons who have entered into a contractual arrangement or on whose behalf a contractual arrangement has been entered into with a health care service contractor to receive health care services.

        (6) "Commissioner" means the insurance commissioner.

        (7) "Uncovered expenditures" means the costs to the health care service contractor for health care services that are the obligation of the health care service contractor for which an enrolled participant would also be liable in the event of the health care service contractor's insolvency and for which no alternative arrangements have been made as provided herein. The term does not include expenditures for covered services when a provider has agreed not to bill the enrolled participant even though the provider is not paid by the health care service contractor, or for services that are guaranteed, insured or assumed by a person or organization other than the health care service contractor.

        (8) "Copayment" means an amount specified in a group or individual contract which is an obligation of an enrolled participant for a specific service which is not fully prepaid.

        (9) "Deductible" means the amount an enrolled participant is responsible to pay before the health care service contractor begins to pay the costs associated with treatment.

        (10) "Group contract" means a contract for health care services which by its terms limits eligibility to members of a specific group. The group contract may include coverage for dependents.


        (11) "Individual contract" means a contract for health care services issued to and covering an individual. An individual contract may include dependents.

         (12) "Carrier" means a health maintenance organization, an insurer, a health care service contractor, or other entity responsible for the payment of benefits or provision of services under a group or individual contract.

        (13) "Replacement coverage" means the benefits provided by a succeeding carrier.

        (14) "Insolvent" or "insolvency" means that the organization has been declared insolvent and is placed under an order of liquidation by a court of competent jurisdiction.

        (15) "Fully subordinated debt" means those debts that meet the requirements of RCW 48.44.037(3) and are recorded as equity.

        (16) "Net worth" means the excess of total admitted assets as defined in RCW 48.12.010 over total liabilities but the liabilities shall not include fully subordinated debt.


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

        (1) "Direct patient-provider primary care practice" and "direct practice" means a provider, group, or entity that meets the following criteria in (a), (b), (c), and (d) of this subsection:

        (a)(i) A health care provider who furnishes primary care services through a direct agreement;

        (ii) A group of health care providers who furnish primary care services through a direct agreement; or

        (iii) An entity that sponsors, employs, or is otherwise affiliated with a group of health care providers who furnish only primary care services through a direct agreement, which entity is wholly owned by the group of health care providers or is a nonprofit corporation exempt from taxation under section 501(c)(3) of the internal revenue code, and is not otherwise regulated as a health care service contractor, health maintenance organization, or disability insurer under Title 48 RCW. Such entity is not prohibited from sponsoring, employing, or being otherwise affiliated with other types of health care providers not engaged in a direct practice;

        (b) Enters into direct agreements with direct patients or parents or legal guardians of direct patients;

        (c) Does not accept payment for health care services provided to direct patients from any entity subject to regulation under Title 48 RCW or self-insured plans; and

        (d) Does not provide, in consideration for the direct fee, services, procedures, or supplies such as prescription drugs, hospitalization costs, major surgery, dialysis, high level radiology (CT, MRI, PET scans or invasive radiology), rehabilitation services, procedures requiring general anesthesia, or similar advanced procedures, services, or supplies.

        (2) "Direct patient" means a person who is party to a direct agreement and is entitled to receive primary care services under the direct agreement from the direct practice.

        (3) "Direct fee" means a fee charged by a direct practice as consideration for being available to provide and providing primary care services as specified in a direct agreement.

        (4) "Direct agreement" means a written agreement entered into between a direct practice and an individual direct patient, or the parent or legal guardian of the direct patient or a family of direct patients, whereby the direct practice charges a direct fee as consideration for being available to provide and providing primary care services to the individual direct patient. A direct agreement must (a) describe the specific health care services the direct practice will provide; and (b) be terminable at will upon written notice by the direct patient.

        (5) "Health care provider" or "provider" means a person regulated under Title 18 RCW or chapter 70.127 RCW to practice health or health-related services or otherwise practicing health care services in this state consistent with state law.

        (6) "Health carrier" or "carrier" has the same meaning as in RCW 48.43.005.

        (7) "Primary care" means routine health care services, including screening, assessment, diagnosis, and treatment for the purpose of promotion of health, and detection and management of disease or injury.

        (8) "Network" means the group of participating providers and facilities providing health care services to a particular health carrier's health plan or to plans administered under chapter 41.05 RCW or 70.47 RCW.


        NEW SECTION. Sec. 4. Except as provided in section 7 of this act, no direct practice shall deny enrollment to any person solely on account of race, religion, national origin, the presence of any sensory, mental, or physical disability, education, economic status, or sexual orientation.


        NEW SECTION. Sec. 5. (1) A direct practice must charge a direct fee on a monthly basis. The fee must represent the total amount due for all primary care services specified in the direct agreement and may be paid by the direct patient or on his or her behalf by others.

        (2) A direct practice must:

        (a) Maintain appropriate accounts and provide data regarding payments made and services received to direct patients upon request; and

        (b) Either:

        (i) Bill patients at the end of each monthly period; or

        (ii) If the patient pays the monthly fee in advance, promptly refund to the direct patient all unearned direct fees following receipt of written notice of termination of the direct agreement from the direct patient. The amount of the direct fee considered earned shall be a proration of the monthly fee as of the date the notice of termination is received.

        (3) If the patient chooses to pay more than one monthly direct fee in advance, the funds must be held in a trust account and paid to the direct practice as earned at the end of each month. Any unearned direct fees held in trust following receipt of termination of the direct agreement shall be promptly refunded to the direct patient. The amount of the direct fee earned shall be a proration of the monthly fee for the then current month as of the date the notice of termination is received.

        (4) The direct fee schedule applying to an existing direct patient may not be increased more frequently than annually. A direct practice shall provide advance notice to existing patients of any change within the fee schedule applying to those existing direct patients. A direct practice shall provide at least sixty days' advance notice of any change in the fee.

        (5) A direct practice must designate a contact person to receive and address any patient complaints.

         (6) Direct fees for comparable services within a direct practice shall not vary from patient to patient based on health status or sex.


        NEW SECTION. Sec. 6. (1) Direct practices may not:

        (a) Enter into a participating provider contract as defined in RCW 48.44.010 or 48.46.020 with any carrier or with any carrier's contractor or subcontractor, or plans administered under chapter 41.05 or 70.47 RCW, to provide health care services through a direct agreement except as set forth in subsection (2) of this section;

        (b) Submit a claim for payment to any carrier or any carrier's contractor or subcontractor, or plans administered under chapter 41.05 or 70.47 RCW, for health care services provided to direct patients as covered by their agreement;

        (c) With respect to services provided through a direct agreement, be identified by a carrier or any carrier's contractor or subcontractor, or plans administered under chapter 41.05 or 70.47 RCW, as a participant in the carrier's or any carrier's contractor or subcontractor network for purposes of determining network adequacy or being available for selection by an enrollee under a carrier's benefit plan; or

        (d) Pay for health care services covered by a direct agreement rendered to direct patients by providers other than the providers in the direct practice or their employees, except as described in subsection (2)(b) of this section.

        (2) Direct practices and providers may:

        (a) Enter into a participating provider contract as defined by RCW 48.44.010 and 48.46.020 or plans administered under chapter 41.05 or 70.47 RCW for purposes other than payment of claims for services provided to direct patients through a direct agreement. Such providers shall be subject to all other provisions of the participating provider contract applicable to participating providers including but not limited to the right to:

        (i) Make referrals to other participating providers;

        (ii) Admit the carrier's members to participating hospitals and other health care facilities;

        (iii) Prescribe prescription drugs; and

        (iv) Implement other customary provisions of the contract not dealing with reimbursement of services;

         (b) Pay for charges associated with the provision of routine lab and imaging services provided in connection with wellness physical examinations. In aggregate such payments per year per direct patient are not to exceed fifteen percent of the total annual direct fee charged that direct patient. Exceptions to this limitation may occur in the event of short-term equipment failure if such failure prevents the provision of care that should not be delayed; and

        (c) Charge an additional fee to direct patients for supplies, medications, and specific vaccines provided to direct patients that are specifically excluded under the agreement, provided the direct practice notifies the direct patient of the additional charge, prior to their administration or delivery.


        NEW SECTION. Sec. 7. (1) Direct practices may not decline to accept new direct patients or discontinue care to existing patients solely because of the patient's health status. A direct practice may decline to accept a patient if the practice has reached its maximum capacity, or if the patient's medical condition is such that the provider is unable to provide the appropriate level and type of health care services in the direct practice.

        (2) Direct practices may accept payment of direct fees directly or indirectly from nonemployer third parties.


        NEW SECTION. Sec. 8. Direct practices, as defined in section 3 of this act, who comply with this chapter are not insurers under RCW 48.01.050, health carriers under chapter 48.43 RCW, health care service contractors under chapter 48.44 RCW, or health maintenance organizations under chapter 48.46 RCW.


        NEW SECTION. Sec. 9. A person shall not make, publish, or disseminate any false, deceptive, or misleading representation or advertising in the conduct of the business of a direct practice, or relative to the business of a direct practice.


        NEW SECTION. Sec. 10. A person shall not make, issue, or circulate, or cause to be made, issued, or circulated, a misrepresentation of the terms of any direct agreement, or the benefits or advantages promised thereby, or use the name or title of any direct agreement misrepresenting the nature thereof.


        NEW SECTION. Sec. 11. Violations of this chapter constitute unprofessional conduct enforceable under RCW 18.130.180.


        NEW SECTION. Sec. 12. (1) Direct practices must submit annual statements, beginning on October 1, 2007, to the office of insurance commissioner specifying the number of providers in each practice, total number of patients being served, the average direct fee being charged, providers' names, and the business address for each direct practice. The form and content for the annual statement must be developed in a manner prescribed by the commissioner.

        (2) A health care provider may not act as, or hold himself or herself out to be, a direct practice in this state, nor may a direct agreement be entered into with a direct patient in this state, unless the provider submits the annual statement in subsection (1) of this section to the commissioner.

        (3) The commissioner shall report annually to the legislature on direct practices including, but not limited to, enrollment trends, complaints received, and any suggested modifications to this chapter. The initial report shall be due December 1, 2009.


        NEW SECTION. Sec. 13. (1) A direct agreement must include the following disclaimer: "This agreement does not provide comprehensive health insurance coverage. It provides only the health care services specifically described." The direct agreement may not be sold to a group and may not be entered with a group of subscribers. It must be an agreement between a direct practice and an individual direct patient. Nothing prohibits the presentation of marketing materials to groups of potential subscribers or their representatives.

        (2) A comprehensive disclosure statement shall be distributed to all direct patients with their enrollment forms. Such disclosure must inform the direct patients of their financial rights and responsibilities to the direct practice as provided for in this chapter, encourage that direct patients obtain and maintain insurance for services not provided by the direct practice, and state that the direct practice will not bill a carrier for services covered under the direct agreement. The disclosure statement shall include contact information for the office of the insurance commissioner.


        NEW SECTION. Sec. 14. Sections 1 and 3 through 13 of this act constitute a new chapter in Title 48 RCW.


        NEW SECTION. Sec. 15. A new section is added to chapter 43.131 RCW to read as follows:

        The authorization for direct patient-provider primary care practices under this act shall be terminated on June 30, 2012.


        NEW SECTION. Sec. 16. A new section is added to chapter 43.131 RCW to read as follows:

        The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2013:

        (1) RCW 48.. . . . . . and section 1 of this act;

        (2) Section 2 of this act;


        (3) RCW 48.. . . . . . and section 3 of this act;

        (4) RCW 48.. . . . . . and section 4 of this act;

        (5) RCW 48.. . . . . . and section 5 of this act;

        (6) RCW 48.. . . . . . and section 6 of this act;

        (7) RCW 48.. . . . . . and section 7 of this act;

        (8) RCW 48.. . . . . . and section 8 of this act;

        (9) RCW 48.. . . . . . and section 9 of this act;

        (10) RCW 48.. . . . . . and section 10 of this act;

        (11) RCW 48.. . . . . . and section 11 of this act;

        (12) RCW 48.. . . . . . and section 12 of this act; and

        (13) RCW 48.. . . . . . and section 13 of this act."


        Correct the title.

 

Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Hinkle, Ranking Minority Member; Barlow; Campbell; Condotta; Green; Moeller; Pedersen; Schual-Berke and Seaquist.

 

MINORITY recommendation: Do not pass. Signed by Representatives Alexander, Assistant Ranking Minority Member; Curtis.


       Passed to Committee on Rules for second reading.


March 27, 2007

SB 5969       Prime Sponsor, Senator Kilmer: Creating the civic education travel grant program. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Barlow, Vice Chairman; Haigh; McDermott; Santos and P. Sullivan.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Roach.

 

Referred to Committee on Appropriations.


March 28, 2007

SSB 5972     Prime Sponsor, Senate Committee On Natural Resources, Ocean & Recreation: Providing the department of natural resources with more consistent enforcement authority for protection against mining without a permit. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Dickerson; Eickmeyer; Grant; Hailey; Kagi; McCoy; Newhouse; Orcutt; Strow and Van De Wege.


       Passed to Committee on Rules for second reading.


March 28, 2007

ESSB 6032   Prime Sponsor, Senate Committee On Health & Long-Term Care: Concerning the medical use of marijuana. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature intends to clarify the law on medical marijuana so that the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment, qualifying patients may fully participate in the medical use of marijuana, and designated providers may assist patients in the manner provided by this act without fear of state criminal prosecution. This act is also intended to provide clarification to law enforcement and to all participants in the judicial system.


        Sec. 2. RCW 69.51A.005 and 1999 c 2 s 2 are each amended to read as follows:

        The people of Washington state find that some patients with terminal or debilitating illnesses, under their physician's care, may benefit from the medical use of marijuana. Some of the illnesses for which marijuana appears to be beneficial include chemotherapy-related nausea and vomiting in cancer patients; AIDS wasting syndrome; severe muscle spasms associated with multiple sclerosis and other spasticity disorders; epilepsy; acute or chronic glaucoma; and some forms of intractable pain.

        The people find that humanitarian compassion necessitates that the decision to authorize the medical use of marijuana by patients with terminal or debilitating illnesses is a personal, individual decision, based upon their physician's professional medical judgment and discretion.

        Therefore, the people of the state of Washington intend that:

        Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physicians, ((would)) may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana;

        Persons who act as ((primary caregivers)) designated providers to such patients shall also not be found guilty of a crime under state law for assisting with the medical use of marijuana; and

        Physicians also be excepted from liability and prosecution for the authorization of marijuana use to qualifying patients for whom, in the physician's professional judgment, medical marijuana may prove beneficial.


        Sec. 3. RCW 69.51A.010 and 1999 c 2 s 6 are each amended to read as follows:

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

        (1) "Designated provider" means a person who:

        (a) Is eighteen years of age or older;

        (b) Has been designated in writing by a patient to serve as a designated provider under this chapter;

        (c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and


        (d) Is the designated provider to only one patient at any one time.

        (2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.

        (((2) "Primary caregiver" means a person who:

        (a) Is eighteen years of age or older;

        (b) Is responsible for the housing, health, or care of the patient;

        (c) Has been designated in writing by a patient to perform the duties of primary caregiver under this chapter.))

        (3) "Qualifying patient" means a person who:

        (a) Is a patient of a physician licensed under chapter 18.71 or 18.57 RCW;

        (b) Has been diagnosed by that physician as having a terminal or debilitating medical condition;

         (c) Is a resident of the state of Washington at the time of such diagnosis;

        (d) Has been advised by that physician about the risks and benefits of the medical use of marijuana; and

        (e) Has been advised by that physician that they may benefit from the medical use of marijuana.

        (4) "Terminal or debilitating medical condition" means:

        (a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or

        (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or

        (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or

        (d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or

        (e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or

        (f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or

        (g) Any other medical condition duly approved by the Washington state medical quality assurance ((board [commission])) commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.

        (5) "Valid documentation" means:

        (a) A statement signed by a qualifying patient's physician, or a copy of the qualifying patient's pertinent medical records, which states that, in the physician's professional opinion, the ((potential benefits of the medical use of marijuana would likely outweigh the health risks for a particular qualifying)) patient may benefit from the medical use of marijuana; ((and))

        (b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035; and

        (c) A copy of the physician statement described in (a) of this subsection shall have the same force and effect as the signed original.


        Sec. 4. RCW 69.51A.030 and 1999 c 2 s 4 are each amended to read as follows:

        A physician licensed under chapter 18.71 or 18.57 RCW shall be excepted from the state's criminal laws and shall not be penalized in any manner, or denied any right or privilege, for:

        (1) Advising a qualifying patient about the risks and benefits of medical use of marijuana or that the qualifying patient may benefit from the medical use of marijuana where such use is within a professional standard of care or in the individual physician's medical judgment; or

        (2) Providing a qualifying patient with valid documentation, based upon the physician's assessment of the qualifying patient's medical history and current medical condition, that the ((potential benefits of the)) medical use of marijuana ((would likely outweigh the health risks for the)) may benefit a particular qualifying patient.


        Sec. 5. RCW 69.51A.040 and 1999 c 2 s 5 are each amended to read as follows:

        (1) If a law enforcement officer determines that marijuana is being possessed lawfully under the medical marijuana law, the officer may document the amount of marijuana, take a representative sample that is large enough to test, but not seize the marijuana. A law enforcement officer or agency shall not be held civilly liable for failure to seize marijuana in this circumstance.

        (2) If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical use of marijuana, or any designated ((primary caregiver)) provider who assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such charges by proof of his or her compliance with the requirements provided in this chapter. Any person meeting the requirements appropriate to his or her status under this chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.

        (((2) The)) (3) A qualifying patient, if eighteen years of age or older, or a designated provider shall:

        (a) Meet all criteria for status as a qualifying patient or designated provider;

         (b) Possess no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply; and

        (c) Present his or her valid documentation to any law enforcement official who questions the patient or provider regarding his or her medical use of marijuana.

        (((3) The)) (4) A qualifying patient, if under eighteen years of age at the time he or she is alleged to have committed the offense, shall ((comply)) demonstrate compliance with subsection (((2))) (3)(a) and (c) of this section. However, any possession under subsection (((2))) (3)(b) of this section, as well as any production, acquisition, and decision as to dosage and frequency of use, shall be the responsibility of the parent or legal guardian of the qualifying patient.

        (((4) The designated primary caregiver shall:

        (a) Meet all criteria for status as a primary caregiver to a qualifying patient;

        (b) Possess, in combination with and as an agent for the qualifying patient, no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply;

        (c) Present a copy of the qualifying patient's valid documentation required by this chapter, as well as evidence of designation to act as primary caregiver by the patient, to any law enforcement official requesting such information;

        (d) Be prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as primary caregiver; and


        (e) Be the primary caregiver to only one patient at any one time.))


        Sec. 6. RCW 69.51A.060 and 1999 c 2 s 8 are each amended to read as follows:

        (1) It shall be a misdemeanor to use or display medical marijuana in a manner or place which is open to the view of the general public.

        (2) Nothing in this chapter requires any health insurance provider to be liable for any claim for reimbursement for the medical use of marijuana.

         (3) Nothing in this chapter requires any physician to authorize the use of medical marijuana for a patient.

        (4) Nothing in this chapter requires any accommodation of any on-site medical use of marijuana in any place of employment, in any school bus or on any school grounds, ((or)) in any youth center, or in any correctional facility.

        (5) It is a class C felony to fraudulently produce any record purporting to be, or tamper with the content of any record for the purpose of having it accepted as, valid documentation under RCW 69.51A.010(((5))) (6)(a).

        (6) No person shall be entitled to claim the affirmative defense provided in RCW 69.51A.040 for engaging in the medical use of marijuana in a way that endangers the health or well-being of any person through the use of a motorized vehicle on a street, road, or highway.


        Sec. 7. RCW 69.51A.070 and 1999 c 2 s 9 are each amended to read as follows:

        The Washington state medical quality assurance ((board [commission])) commission in consultation with the board of osteopathic medicine and surgery, or other appropriate agency as designated by the governor, shall accept for consideration petitions submitted ((by physicians or patients)) to add terminal or debilitating conditions to those included in this chapter. In considering such petitions, the Washington state medical quality assurance ((board [commission])) commission in consultation with the board of osteopathic medicine and surgery shall include public notice of, and an opportunity to comment in a public hearing upon, such petitions. The Washington state medical quality assurance ((board [commission])) commission in consultation with the board of osteopathic medicine and surgery shall, after hearing, approve or deny such petitions within one hundred eighty days of submission. The approval or denial of such a petition shall be considered a final agency action, subject to judicial review.


        NEW SECTION. Sec. 8. A new section is added to chapter 69.51A RCW to read as follows:

        (1) By January 1, 2008, the department of health shall adopt rules defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for any qualifying patient; this presumption may be overcome with evidence of the qualifying patient's necessary medical use.

        (2) As used in this chapter, "sixty-day supply" means that amount of marijuana that qualifying patients would reasonably be expected to need over a period of sixty days for their personal medical use.

        (3) By January 1, 2008, the department of health shall report to the legislature on options for efficiently providing access to an adequate, safe, consistent, and secure source of medical marijuana for qualifying patients. The report may be based on a review of other states' best practices, available medical and scientific literature, consultation with experts, and public input."


        Correct the title.

 

Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Barlow; Campbell; Curtis; Green; Moeller; Pedersen; Schual-Berke and Seaquist.

 

MINORITY recommendation: Do not pass. Signed by Representatives Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Condotta.


       Passed to Committee on Rules for second reading.


March 28, 2007

E2SSB 6044        Prime Sponsor, Senate Committee On Ways & Means: Regarding the removal of derelict vessels. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 79.100.010 and 2006 c 153 s 2 are each amended to read as follows:

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

        (1) "Abandoned vessel" means ((the vessel's owner is not known or cannot be located, or if the vessel's owner is known and located but is unwilling to take control of the vessel, and the vessel has been left, moored, or anchored in the same area without the express consent, or contrary to the rules, of the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five day period)) a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five-day period, and the vessel's owner is: (a) Not known or cannot be located; or (b) known and located but is unwilling to take control of the vessel. For the purposes of this subsection (1) only, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.

        (2) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by the state and lands owned by other public or private entities.

        (3) "Authorized public entity" includes any of the following: The department of natural resources; the department of fish and wildlife; the parks and recreation commission; a metropolitan park district; a port district; and any city, town, or county with ownership, management, or jurisdiction over the aquatic lands where an abandoned or derelict vessel is located.

        (4) "Department" means the department of natural resources.


        (5) "Derelict vessel" means the vessel's owner is known and can be located, and exerts control of a vessel that:

        (a) Has been moored, anchored, or otherwise left in the waters of the state or on public property contrary to RCW 79.02.300 or rules adopted by an authorized public entity;

        (b) Has been left on private property without authorization of the owner; or

        (c) Has been left for a period of seven consecutive days, and:

        (i) Is sunk or in danger of sinking;

        (ii) Is obstructing a waterway; or

        (iii) Is endangering life or property.

        (6) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

        (7) "Vessel" ((has the same meaning as defined in RCW 53.08.310)) means every species of watercraft or other mobile artificial contrivance, powered or unpowered, intended to be used for transporting people or goods on water or for floating marine construction or repair and which does not exceed two hundred feet in length. "Vessel" includes any trailer used for the transportation of watercraft, or any attached floats or debris.


        Sec. 2. RCW 79.100.040 and 2006 c 153 s 3 are each amended to read as follows:

        (1) Prior to exercising the authority granted in RCW 79.100.030, the authorized public entity must first obtain custody of the vessel. To do so, the authorized public entity must:

        (a) Mail notice of its intent to obtain custody, at least twenty days prior to taking custody, to the last known address of the previous owner to register the vessel in any state or with the federal government and to any lien holders or secured interests on record. A notice need not be sent to the purported owner or any other person whose interest in the vessel is not recorded with a state or federal agency;

        (b) Post notice of its intent clearly on the vessel for thirty days and publish its intent at least once, more than ten days but less than twenty days prior to taking custody, in a newspaper of general circulation for the county in which the vessel is located; and

        (c) Post notice of its intent on the department's internet web site on a page specifically designated for such notices. If the authorized public entity is not the department, the department must facilitate the internet posting.

        (2) All notices sent, posted, or published in accordance with this section must, at a minimum, explain the intent of the authorized public entity to take custody of the vessel, the rights of the authorized public entity after taking custody of the vessel as provided in RCW 79.100.030, the procedures the owner must follow in order to avoid custody being taken by the authorized public entity, the procedures the owner must follow in order to reclaim possession after custody is taken by the authorized public entity, and the financial liabilities that the owner may incur as provided for in RCW 79.100.060.

        (3)(a) If a vessel is: (i) In immediate danger of sinking, breaking up, or blocking navigational channels((,)); or (ii) poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination; and (iii) the owner of the vessel cannot be located or is unwilling or unable to assume immediate responsibility for the vessel, any authorized public entity may tow, beach, or otherwise take temporary possession of the vessel.

        (b) Before taking temporary possession of the vessel, the authorized public entity must make reasonable attempts to consult with the department or the United States coast guard to ensure that other remedies are not available. The basis for taking temporary possession of the vessel must be set out in writing by the authorized public entity within seven days of taking action and be submitted to the owner, if known, as soon thereafter as is reasonable. If the authorized public entity has not already provided the required notice, immediately after taking possession of the vessel, the authorized public entity must initiate the notice provisions in subsection (1) of this section. The authorized public entity must complete the notice requirements of subsection (1) of this section before using or disposing of the vessel as authorized in RCW 79.100.050.


        NEW SECTION. Sec. 3. A new section is added to chapter 79.100 RCW to read as follows:

        A marina owner may contract with a local government for the purpose of participating in the derelict vessel removal program. The local government shall serve as the authorized public entity for the removal of the derelict vessel from the marina owner's property. The contract must provide for the marina owner to be financially responsible for the removal costs that are not reimbursed by the department as provided under RCW 79.100.100, and any additional reasonable administrative costs incurred by the local government during the removal of the derelict vessel. Prior to the commencement of any removal which will seek reimbursement from the derelict vessel removal program, the contract and the proposed vessel removal shall be submitted to the department for review and approval. The local government shall use the procedure specified under RCW 79.100.100(6).


        Sec. 4. RCW 79.100.100 and 2006 c 153 s 6 are each amended to read as follows:

        (1) The derelict vessel removal account is created in the state treasury. All receipts from RCW 79.100.050 and 79.100.060 and those moneys specified in RCW 88.02.030 and 88.02.050 must be deposited into the account. The account is authorized to receive fund transfers from the general fund, deposits from the watercraft excise tax under RCW 82.49.030, deposits from the derelict vessel removal surcharge under section 9 of this act, as well as gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income according to the terms of the gifts, grants, or endowments provided those terms do not conflict with any provisions of this section or any guidelines developed to prioritize reimbursement of removal projects associated with this chapter. Moneys in the account may only be spent after appropriation. Expenditures from the account shall be used by the department to reimburse authorized public entities for up to ninety percent of the total reasonable and auditable administrative, removal, disposal, and environmental damage costs of abandoned or derelict vessels when the previous owner is either unknown after a reasonable search effort or insolvent. Reimbursement shall not be made unless the department determines that the public entity has made reasonable efforts to identify and locate the party responsible for the vessel, regardless of the title of owner of the vessel. Funds in the account resulting from transfers from the general fund or from the deposit of funds from the watercraft excise tax as provided for under RCW 82.49.030 shall be used to reimburse one hundred percent of these costs and should be prioritized for the removal of large vessels. Costs associated with removal and disposal of an abandoned or derelict vessel under the authority granted in RCW 53.08.320 also qualify for reimbursement from the derelict vessel removal account. In each biennium, up to twenty percent of the expenditures from the account may be used for administrative expenses of the department of licensing and department of natural resources in implementing this chapter.

        (2) If the balance of the account reaches one million dollars as of March 1st of any year, exclusive of any fund transfers from the general fund or any funds deposited into the account collected under RCW 82.49.030 and section 9 of this act, the department must notify the department of licensing and the collection of any fees associated with this account must be suspended for the following fiscal year.

        (3) Priority for use of this account is for the removal of derelict and abandoned vessels that are in danger of sinking, breaking up, or blocking navigation channels, or that present environmental risks such as leaking fuel or other hazardous substances. The department must develop criteria, in the form of informal guidelines, to prioritize removal projects associated with this chapter, but may not consider whether the applicant is a state or local entity when prioritizing. The guidelines must also include guidance to the authorized public entities as to what removal activities and associated costs are reasonable and eligible for reimbursement.

        (4) The department must keep all authorized public entities apprized of the balance of the derelict vessel removal account and the funds available for reimbursement. The guidelines developed by the department must also be made available to the other authorized public entities. This subsection (4) must be satisfied by utilizing the least costly method, including maintaining the information on the department's internet web site, or any other cost-effective method.

        (5) An authorized public entity may contribute its ten percent of costs that are not eligible for reimbursement by using in-kind services, including the use of existing staff, equipment, and volunteers.

        (6) This chapter does not guarantee reimbursement for an authorized public entity. Authorized public entities seeking certainty in reimbursement prior to taking action under this chapter may first notify the department of their proposed action and the estimated total costs. Upon notification by an authorized public entity, the department must make the authorized public entity aware of the status of the fund and the likelihood of reimbursement being available. The department may offer technical assistance and assure reimbursement for up to two years following the removal action if an assurance is appropriate given the balance of the fund and the details of the proposed action.


        NEW SECTION. Sec. 5. A new section is added to chapter 88.02 RCW to read as follows:

        (1) A marina that leases permanent moorage to vessels must require the following information from the lessee as a condition of leasing moorage space: (a) The name of the legal owner of the vessel; (b) a local contact person, if different than the owner; (c) the owner's address and telephone number; (d) the vessel's hull identification number; (e) the vessel's coast guard registration, if applicable; (f) the vessel's home port; (g) the date on which the moorage lease began; and (h) the vessel's country or state of registration and registration number. A marina shall maintain records of this information for at least two years. The marina shall permit any authorized agent of the department of natural resources to inspect these records upon request.

        (2) A marina that leases permanent moorage to vessels must require proof of vessel registration or a written statement of intent to register a vessel as a condition of leasing moorage space. If the applicant's vessel is not registered in this state, the marina must inform the moorage applicant of the state law requiring vessel registration and direct the moorage applicant to the appropriate vessel registration forms. Thereafter, it is the moorage applicant's responsibility to register the vessel.


        Sec. 6. RCW 82.49.030 and 2000 c 103 s 18 are each amended to read as follows:

        (1) The excise tax imposed under this chapter is due and payable to the department of licensing or its agents at the time of registration of a vessel. The department of licensing shall not issue or renew a registration for a vessel until the tax is paid in full.

        (2) ((The)) In calendar year 2007, one million dollars of the watercraft excise tax collected under this chapter shall be deposited into the derelict vessel removal account under RCW 79.100.100. For each calendar year beginning January 1, 2008, through December 31, 2012, the first one million dollars of watercraft excise tax collected under this chapter shall be deposited in the derelict vessel removal account under RCW 79.100.100. Once one million dollars has been deposited into the derelict vessel removal account each calendar year from January 1, 2008, through December 31, 2012, the excise tax collected under this chapter shall be deposited into the general fund.

        (3) Beginning January 1, 2013, all of the excise tax collected under this chapter shall be deposited in the general fund.


        Sec. 7. RCW 88.02.050 and 2005 c 464 s 2 are each amended to read as follows:

        (1) Application for a vessel registration shall be made to the department or its authorized agent in the manner and upon forms prescribed by the department. The application shall state the name and address of each owner of the vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of ten dollars and fifty cents per year and the excise tax imposed under chapter 82.49 RCW.

        (2) Five additional dollars must be collected annually from every vessel registration application. These moneys must be distributed in the following manner:

        (a) Two dollars must be deposited into the derelict vessel removal account established in RCW 79.100.100. If the department of natural resources indicates that the balance of the derelict vessel removal account, not including any transfer of funds into the account or funds deposited into the account collected under RCW 82.49.030 and section 9 of this act, reaches one million dollars as of March 1st of any year, the collection of the two-dollar fee must be suspended for the following fiscal year.

        (b) One dollar and fifty cents must be deposited in the aquatic invasive species prevention account created in RCW 77.12.879.

        (c) One dollar must be deposited into the freshwater aquatic algae control account created in RCW 43.21A.667.

        (d) Fifty cents must be deposited into the aquatic invasive species enforcement account created in RCW 43.43.400.

        (3) Any fees required for licensing agents under RCW 46.01.140 shall be in addition to the ten dollar and fifty cent annual registration fee and the five-dollar fee created in subsection (2) of this section.

        (4) Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter.

        (5) The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee, excise tax, and the derelict vessel fee. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.

        (6) When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process.

        (7) A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar.


        Sec. 8. RCW 88.02.050 and 2002 c 286 s 13 are each amended to read as follows:

        Application for a vessel registration shall be made to the department or its authorized agent in the manner and upon forms prescribed by the department. The application shall state the name and address of each owner of the vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of ten dollars and fifty cents per year and the excise tax imposed under chapter 82.49 RCW. In addition, two additional dollars must be collected annually from every vessel registration application. These moneys must be deposited into the derelict vessel removal account established in RCW 79.100.100. If the department of natural resources indicates that the balance of the derelict vessel removal account, not including any transfer of funds into the account or funds deposited into the account collected under RCW 82.49.030 and section 9 of this act, reaches one million dollars as of March 1st of any year, the collection of the two-dollar fee must be suspended for the following fiscal year. Any fees required for licensing agents under RCW 46.01.140 shall be in addition to the ten dollar and fifty cent annual registration fee and the two-dollar derelict vessel fee.

        Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter.

        The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee, excise tax, and the derelict vessel fee. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.

        When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process.

        A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar.


        NEW SECTION. Sec. 9. A new section is added to chapter 88.02 RCW to read as follows:

        (1) In order to address the significant backlog of derelict vessels that have accumulated in our state's waters that pose a threat to the health and safety of the people and to our environment, the legislature intends to collect a derelict vessel removal surcharge.

         (2) In addition to the fees collected under RCW 88.02.050, the department shall collect an annual derelict vessel removal surcharge of one dollar effective with vessel registrations that are due or will become due on or after January 1, 2008. The revenue generated from the derelict vessel surcharge must be deposited into the derelict vessel removal account established under RCW 79.100.100, and is to be used only for the removal of vessels that are less than seventy-five feet in length.

        (3) This section expires January 1, 2014.


        NEW SECTION. Sec. 10. (1) The department of natural resources, in consultation with the department of revenue, the department of licensing, and other appropriate stakeholder groups, shall examine:

        (a) The costs and benefits of extending a derelict vessel removal fee or surcharges to vessels that are not subject to RCW 88.02.050; and

        (b) The use of alternative revenue sources, such as the watercraft excise tax, in order to more equitably distribute the financial responsibility of supporting the cost of the derelict vessel program. The departments shall submit a report of the findings to the appropriate policy and fiscal committees of the legislature by November 1, 2007.

        (2) The department of natural resources, the department of ecology, representatives from the ship demolition industry, and representatives from the environmental community shall convene a work group to discuss operations and permitting requirements surrounding the demolition and disposal of large abandoned and derelict vessels. The department of natural resources shall consider the findings of the work group when updating the guidelines for the derelict vessel program.


        NEW SECTION. Sec. 11. Section 7 of this act expires June 30, 2012.



        NEW SECTION. Sec. 12. Section 8 of this act takes effect June 30, 2012."

 

Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Kretz, Ranking Minority Member; Dickerson; Eickmeyer; Grant; Hailey; Kagi; McCoy; Newhouse; Strow and Van De Wege.

 

MINORITY recommendation: Do not pass. Signed by Representatives Warnick, Assistant Ranking Minority Member; Orcutt.

 

Referred to Committee on Appropriations.


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


SECOND READING SUSPENSION


       SENATE BILL NO. 5011, by Senators Kohl-Welles, Parlette, Keiser and Rasmussen


       Removing the expiration date on the 2006 beer and wine distribution bill.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representatives Wood and Condotta spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5011.


MOTION


       On motion of Representative Santos, Representatives Eddy, Quall, B. Sullivan and Williams were excused.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5011, and the bill passed the House by the following vote: Yeas - 91, Nays - 3, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 91.

       Voting nay: Representatives Goodman, Kirby and Miloscia - 3.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SENATE BILL NO. 5011, having received the necessary constitutional majority, was declared passed.


       ENGROSSED SENATE BILL NO. 5166, by Senators Shin, Kastama, Marr, Murray, Kauffman, Kilmer, Zarelli, Eide, Berkey, Franklin, Jacobsen, Rockefeller, McAuliffe, Regala, Pridemore, Clements, Keiser, Rasmussen, Sheldon, Delvin and Roach


       Designating Korean-American day.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representative Hunter spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Senate Bill No. 5166.


ROLL CALL


       The Clerk called the roll on the final passage of Engrossed Senate Bill No. 5166, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       ENGROSSED SENATE BILL NO. 5166, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5191, by Senate Committee on Judiciary (originally sponsored by Senators Hatfield, Brandland, Sheldon and Delvin)

 

Modifying missing persons provisions.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representatives O'Brien and Pearson spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5191.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5191, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SUBSTITUTE SENATE BILL NO. 5191, having received the necessary constitutional majority, was declared passed.


       SENATE BILL NO. 5253, by Senators Kilmer, Swecker, Hobbs, Shin, Kohl-Welles, Regala, Marr, Hatfield, Murray, Weinstein, Rockefeller, Keiser, Sheldon, McAuliffe, Clements, Kauffman, Franklin, Eide, Jacobsen, Rasmussen and Honeyford


       Creating a list of and decal for veteran-owned businesses.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representative Hunt spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5253.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5253, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SENATE BILL NO. 5253, having received the necessary constitutional majority, was declared passed.


       SENATE BILL NO. 5620, by Senator Fairley


       Clarifying the authority of the civil service commissions for sheriffs' offices.


       The bill was read the second time.



       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representative Simpson spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5620.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5620, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SENATE BILL NO. 5620, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5625, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove and Pridemore)


       Authorizing counties and cities to contract for jail services with counties and cities in adjacent states.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representatives O'Brien and Pearson spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5625.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5625, and the bill passed the House by the following vote: Yeas - 92, Nays - 2, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 92.

       Voting nay: Representatives Hasegawa and Roberts - 2.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SUBSTITUTE SENATE BILL NO. 5625, having received the necessary constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


       I intended to vote NAY on SUBSTITUTE SENATE BILL NO. 5625.

SHERRY APPLETON, 23rd District


SECOND READING


       SENATE BILL NO. 5635, by Senators Brandland, Kline and Delvin; by request of Criminal Justice Training Commission


       Revising provisions relating to limitations on polygraph tests.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representatives Conway and Condotta spoke in favor of passage of the bill.



       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5635.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5635, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SENATE BILL NO. 5635, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5639, by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Spanel, Clements, Pflug, Kohl-Welles, Jacobsen, Rasmussen, Poulsen, Regala and Kline)


       Authorizing a caterer's endorsement for licensed microbreweries.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Commerce & Labor was adopted. (For Committee amendment, see Journal, 79th Day, March 27, 2007.)


       The bill was placed on final passage.


       Representatives Wood and Condotta spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5639, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5639, as amended by the House, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SUBSTITUTE SENATE BILL NO. 5639, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5674, by Senate Committee on Government Operations & Elections (originally sponsored by Senators Haugen, Fairley and Kline)


       Authorizing registered voters who reside outside of, but own land in, a water district to be elected as a water district commissioner.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Local Government was adopted. (For Committee amendment, see Journal, 74th Day, March 22, 2007.)


       The bill was placed on final passage.


       Representatives Simpson and Curtis spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5674, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5674, as amended by the House, and the bill passed the House by the following vote: Yeas - 90, Nays - 4, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hinkle, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 90.

       Voting nay: Representatives Anderson, Darneille, Hasegawa and Hudgins - 4.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SUBSTITUTE SENATE BILL NO. 5674, as amended by the House, , having received the necessary constitutional majority, was declared passed.


       SENATE BILL NO. 5759, by Senators Schoesler, Delvin and Shin


       Including the boards of trustees of technical colleges in the definition of "executive state officer."


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representative Hunt spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5759.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5759, and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 93.

       Voting nay: Representative Sump - 1.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SENATE BILL NO. 5759, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5898, by Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Kohl-Welles, Clements, Keiser, Murray, McAuliffe and Honeyford)


       Authorizing the use of a common carrier for the shipment of wine.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representatives Conway and Condotta spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5898.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5898, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SUBSTITUTE SENATE BILL NO. 5898, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5952, by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators McAuliffe, Kohl-Welles and Rasmussen; by request of Department of Early Learning)


       Correcting provisions for the department of early learning.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representatives Kagi and Walsh spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5952.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5952, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SUBSTITUTE SENATE BILL NO. 5952, having received the necessary constitutional majority, was declared passed.


       SENATE BILL NO. 5957, by Senator Kohl-Welles; by request of Joint Legislative Systems Committee


       Revising provisions relating to administrative practices concerning the information processing and communications systems of the legislature overseen by the joint legislative systems committee.


       The bill was read the second time.


       There being no objection, the committee recommendation was adopted.


       The bill was placed on final passage.


       Representative Hunt spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5957.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5957, and the bill passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SENATE BILL NO. 5957, having received the necessary constitutional majority, was declared passed.


       SENATE JOINT MEMORIAL NO. 8008, by Senators Prentice, Rockefeller, Berkey, Weinstein, Kauffman, Marr, Oemig, Kline, Hobbs, Murray, Poulsen, Rasmussen, Kastama, Shin, Franklin, Hatfield, Sheldon, Kohl-Welles, Jacobsen, Fraser, Pridemore and Kilmer



       Asking that the federal government provide veterans' benefits owed to Filipino veterans.


       The joint memorial was read the second time.


       There being no objection, the committee recommendation was adopted.


       The joint memorial was placed on final passage.


       Representatives Hunt and Newhouse spoke in favor of passage of the joint memorial.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Joint Memorial No. 8008.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Joint Memorial No. 8008, and the joint memorial passed the House by the following vote: Yeas - 94, Nays - 0, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Wood and Mr. Speaker - 94.

       Excused: Representatives Eddy, Quall, B. Sullivan and Williams - 4.


       SENATE JOINT MEMORIAL NO. 8008, having received the necessary constitutional majority, was declared passed.


       There being no objection, the House reverted to the fifth order of business.


REPORTS OF STANDING COMMITTEES

1ST, 2ND & 3RD SUPPLEMENTAL CALENDAR


March 30, 2007

HB 2380       Prime Sponsor, Senator Ericks: Providing relief for businesses for streamlined sales and use tax agreement compliance costs. Reported by Committee on Finance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hunter, Chairman; Hasegawa, Vice Chairman; Orcutt, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Conway; Ericks; McIntire; Roach and Santos.


       Passed to Committee on Rules for second reading.


March 28, 2007

HB 2391       Prime Sponsor, Senator Fromhold: Eliminating retirement system gain-sharing and providing alternate pension benefits. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Dunshee, Vice Chairman; Cody; Conway; Darneille; Ericks; Fromhold; Grant; Haigh; Hunt; Hunter; Kagi; Kenney; Kessler; Linville; McDermott; McIntire; Morrell; Pettigrew; Schual-Berke and Seaquist.

 

MINORITY recommendation: Do not pass. Signed by Representatives Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Buri; Chandler; Dunn; Hinkle; Kretz; McDonald; Priest and Walsh.


       Passed to Committee on Rules for second reading.


March 30, 2007

HB 2395       Prime Sponsor, Representative Fromhold: Regarding leasing and development rights on state lands. Reported by Committee on Capital Budget

 

MAJORITY recommendation: Do pass. Signed by Representatives Fromhold, Chairman; Ormsby, Vice Chairman; McDonald, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Blake; Dunshee; Flannigan; Goodman; Hasegawa; Kelley; McCune; Orcutt; Pearson; Pedersen; Schual-Berke; Sells and Upthegrove.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Hankins and Skinner.


       Passed to Committee on Rules for second reading.


March 30, 2007

HB 2396       Prime Sponsor, Representative Fromhold: Regarding investment of moneys in the permanent common school fund. Reported by Committee on Capital Budget

 


MAJORITY recommendation: Do pass. Signed by Representatives Fromhold, Chairman; Ormsby, Vice Chairman; McDonald, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Blake; Dunshee; Flannigan; Goodman; Hankins; Kelley; McCune; Orcutt; Pearson; Pedersen; Schual-Berke; Sells; Skinner and Upthegrove.

 

MINORITY recommendation: Do not pass. Signed by Representative Hasegawa.


       Passed to Committee on Rules for second reading.


March 28, 2007

E2SSB 5070        Prime Sponsor, Senate Committee On Ways & Means: Changing provisions affecting offenders who are leaving confinement. Reported by Committee on Human Services

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The people of the state of Washington expect to live in safe communities in which the threat of crime is minimized. Attempting to keep communities safe by building more prisons and paying the costs of incarceration has proven to be expensive to taxpayers. Incarceration is a necessary consequence for some offenders, however, the vast majority of those offenders will eventually return to their communities. Many of these former offenders will not have had the opportunity to address the deficiencies that may have contributed to their criminal behavior. Persons who do not have basic literacy and job skills, or who are ill-equipped to make the behavioral changes necessary to successfully function in the community, have a high risk of reoffense. Recidivism represents serious costs to victims, both financial and nonmonetary in nature, and also burdens state and local governments with those offenders who recycle through the criminal justice system.

        The legislature believes that recidivism can be reduced and a substantial cost savings can be realized by utilizing evidence-based, research-based, and promising programs to address offender deficits, developing and better coordinating the reentry efforts of state and local governments and local communities. Research shows that if quality assurances are adhered to, implementing an optimal portfolio of evidence-based programming options for offenders who are willing to take advantage of such programs can have a notable impact on recidivism.

        While the legislature recognizes that recidivism cannot be eliminated and that a significant number of offenders are unwilling or unable to work to develop the tools necessary to successfully reintegrate into society, the interests of the public overall are better served by better preparing offenders while incarcerated, and continuing those efforts for those recently released from prison or jail, for successful, productive, and healthy transitions to their communities. Educational, employment, and treatment opportunities should be designed to address individual deficits and ideally give offenders the ability to function in society. In order to foster reintegration, this act recognizes the importance of a strong partnership between the department of corrections, local governments, law enforcement, social service providers, and interested members of communities across our state.

        The legislature also recognizes the need to ensure the safety of the public while offenders are reintegrating into communities. To further the goal of ensuring public safety, the legislature intends to improve the monitoring of offenders on supervision and hold those who violate the conditions of supervision accountable for their actions. The legislature intends to increase the effectiveness of supervision of offenders on community custody through methods such as increased flexibility in searches of offenders on community custody with the goal of preventing future offenses and supervision violations.


PART I - LOCAL LAW AND JUSTICE COUNCILS


        Sec. 101. RCW 72.09.300 and 1996 c 232 s 7 are each amended to read as follows:

        (1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections and his or her designees. Officials designated may appoint representatives.

        (2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.

         (3) The local law and justice council ((shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize)) may address issues related to:

        (a) Maximizing local resources including personnel and facilities, ((reduce)) reducing duplication of services, and ((share)) sharing resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness((. The plan shall also include a section on jail management. This section may include the following elements:

        (a) A description of current jail conditions, including whether the jail is overcrowded;

        (b) A description of potential alternatives to incarceration;

        (c) A description of current jail resources;

        (d) A description of the jail population as it presently exists and how it is projected to change in the future;

        (e) A description of projected future resource requirements;

        (f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

        (g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

        (h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

        (i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.


        (4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

        (5)));

        (b) Jail management;

        (c) Mechanisms for communication of information about offenders, including the feasibility of shared access to databases; and

         (d) Partnerships between the department and local community policing and supervision programs to facilitate supervision of offenders under the respective jurisdictions of each and timely response to an offender's failure to comply with the terms of supervision.

        (4) The county legislative authority may request technical assistance in ((developing or implementing the plan from)) coordinating services with other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

        (((6))) (5) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

        (((7))) (6) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. ((The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

        (8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner statewide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

        (9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:

        (a) Monitoring and reporting to the sentencing guidelines commission on the proportionality, effectiveness, and cultural relevance of:

        (i) The rehabilitative services offered by county and state institutions to juvenile offenders; and

        (ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;

        (b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

        (c) By September 1 of each year, beginning with 1995, submit to the sentencing guidelines commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.))


PART II - LIABILITY


        NEW SECTION. Sec. 201. A new section is added to chapter 4.24 RCW to read as follows:

        For the purposes of this chapter:

        (1) "Limited jurisdiction court" means a district court or a municipal court, and anyone acting or operating at the direction of such court, including but not limited to its officers, employees, agents, contractors, and volunteers.

        (2) "Misdemeanant supervision services" means preconviction or postconviction misdemeanor probation or supervision services, or the monitoring of a misdemeanor defendant's compliance with a preconviction or postconviction order of the court, including but not limited to community corrections programs, probation supervision, pretrial supervision, or pretrial release services.

        (3) "Supervision or community custody" includes preconviction or postconviction probation or supervision services, or the monitoring of a defendant's compliance with a preconviction or postconviction order of the court, including but not limited to community corrections programs, probation supervision, pretrial supervision, or pretrial release services. Community supervision also includes activities associated with partnerships between corrections officers and law enforcement that may exist for this purpose.

        (4) "The state" means the state, the department of corrections, and anyone acting under the direction of the state or department, including but not limited to its officers, employees, agents, contractors, and volunteers.


        NEW SECTION. Sec. 202. A new section is added to chapter 4.24 RCW to read as follows:

        A limited jurisdiction court that provides misdemeanant supervision services is not liable for civil damages based on the inadequate supervision or monitoring of a misdemeanor defendant or probationer unless the inadequate supervision or monitoring constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists. Nothing in this section shall be construed to affect judicial immunity.


        NEW SECTION. Sec. 203. A new section is added to chapter 4.24 RCW to read as follows:

        The state is not liable for civil damages resulting from any act or omission in the provision of supervision or community custody unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists.


        NEW SECTION. Sec. 204. A new section is added to chapter 4.24 RCW to read as follows:

        (1) The state is not liable for civil damages resulting from any act or omission in the assessment, screening, or delivery of services to an offender under supervision or community custody for the purpose of creating, amending, maintaining, or implementing an individual reentry plan, unless the act or omission constitutes gross negligence.

        (2) A limited jurisdiction court is not liable for civil damages resulting from any act or omission in the assessment, screening, or delivery of services to an offender under supervision or community custody for the purpose of creating, amending, maintaining, or implementing an individual reentry plan unless the act or omission constitutes gross negligence.

        (3) This section does not create any duty and shall not be construed to create a duty where none exists.


        Sec. 205. RCW 9.94A.720 and 2003 c 379 s 7 are each amended to read as follows:

        (1)(a) Except as provided in RCW 9.94A.501, all offenders sentenced to terms involving community supervision, community restitution, community placement, or community custody shall be under the supervision of the department and shall follow explicitly the instructions and conditions of the department. The department may require an offender to perform affirmative acts it deems appropriate to monitor compliance with the conditions of the sentence imposed. The department may only supervise the offender's compliance with payment of legal financial obligations during any period in which the department is authorized to supervise the offender in the community under RCW 9.94A.501.

        (b) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

        (c) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (b) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals.

        (d) For offenders sentenced to terms of community custody for crimes committed on or after July 1, 2000, the department may impose conditions as specified in RCW 9.94A.715.

        The conditions authorized under (c) of this subsection may be imposed by the department prior to or during an offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to RCW 9.94A.710 occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.740 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.737. At any time prior to the completion of an offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to RCW 9.94A.710 or 9.94A.715 be continued beyond the expiration of the offender's term of community custody as authorized in RCW 9.94A.715 (3) or (5).

        The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

        (2) No offender sentenced to terms involving community supervision, community restitution, community custody, or community placement under the supervision of the department may own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the violation process and sanctions under RCW 9.94A.634, 9.94A.737, and 9.94A.740. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection has the same definition as in RCW 9.41.010.

        (3) A community corrections officer is not liable for civil damages arising from an act or omission which occurs when the community corrections officer provides assistance to a law enforcement officer so long as the community corrections officer was acting at the request of the law enforcement officer, unless the act or omission constitutes gross negligence.

        (4) A community corrections officer is not liable for civil damages arising from an act or omission which occurs when the community corrections officer interacts with a third party who is attempting to intervene in a situation in which the community corrections officer is contacting an offender on community custody or community supervision, so long as the community corrections officer was acting at the request of the law enforcement officer, unless the act or omission constitutes gross negligence.


PART III - INDIVIDUAL REENTRY PLAN


        Sec. 301. RCW 72.09.015 and 2004 c 167 s 6 are each amended to read as follows:

        The definitions in this section apply throughout this chapter.

         (1) "Adult basic education" means education or instruction designed to achieve general competence of skills in reading, writing, and oral communication, including English as a second language and preparation and testing services for obtaining a high school diploma or a general equivalency diploma.

        (2) "Base level of correctional services" means the minimum level of field services the department of corrections is required by statute to provide for the supervision and monitoring of offenders.

        (((2))) (3) "Contraband" means any object or communication the secretary determines shall not be allowed to be: (a) Brought into; (b) possessed while on the grounds of; or (c) sent from any institution under the control of the secretary.

        (((3))) (4) "County" means a county or combination of counties.

        (((4))) (5) "Department" means the department of corrections.

        (((5))) (6) "Earned early release" means earned release as authorized by RCW 9.94A.728.

        (((6))) (7) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective in reducing recidivism for the population.

        (8) "Extended family visit" means an authorized visit between an inmate and a member of his or her immediate family that occurs in a private visiting unit located at the correctional facility where the inmate is confined.

        (((7))) (9) "Good conduct" means compliance with department rules and policies.

        (((8))) (10) "Good performance" means successful completion of a program required by the department, including an education, work, or other program.

        (((9))) (11) "Immediate family" means the inmate's children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, and a person legally married to an inmate. "Immediate family" does not include an inmate adopted by another inmate or the immediate family of the adopted or adopting inmate.

        (((10))) (12) "Indigent inmate," "indigent," and "indigency" mean an inmate who has less than a ten-dollar balance of disposable income in his or her institutional account on the day a request is made to utilize funds and during the thirty days previous to the request.

        (((11))) (13) "Individual reentry plan" means the plan to prepare the inmate for release into the community. It is developed collaboratively between the department and the inmate. The plan is based on an assessment of the inmate using a standardized and comprehensive tool. The individual reentry plan describes actions that must occur to prepare individual offenders for release from the custody of the department, specifies the supervision and services they will experience in the community, and describes an offender's eventual discharge to aftercare upon successful completion of supervision. An individual reentry plan is updated throughout the period of an offender's incarceration and supervision is to be relevant to the offender's current needs and risks.


        (14) "Inmate" means a person committed to the custody of the department, including but not limited to persons residing in a correctional institution or facility and persons released on furlough, work release, or community custody, and persons received from another state, state agency, county, or federal jurisdiction.

        (((12))) (15) "Privilege" means any goods or services, education or work programs, or earned early release days, the receipt of which are directly linked to an inmate's (a) good conduct; and (b) good performance. Privileges do not include any goods or services the department is required to provide under the state or federal Constitution or under state or federal law.

        (((13))) (16) "Promising practice" means a practice that presents, based on preliminary information, potential for becoming a research-based or consensus-based practice.

        (17) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.

        (18) "Secretary" means the secretary of corrections or his or her designee.

        (((14))) (19) "Significant expansion" includes any expansion into a new product line or service to the class I business that results from an increase in benefits provided by the department, including a decrease in labor costs, rent, or utility rates (for water, sewer, electricity, and disposal), an increase in work program space, tax advantages, or other overhead costs.

        (((15))) (20) "Superintendent" means the superintendent of a correctional facility under the jurisdiction of the Washington state department of corrections, or his or her designee.

        (((16))) (21) "Unfair competition" means any net competitive advantage that a business may acquire as a result of a correctional industries contract, including labor costs, rent, tax advantages, utility rates (water, sewer, electricity, and disposal), and other overhead costs. To determine net competitive advantage, the correctional industries board shall review and quantify any expenses unique to operating a for-profit business inside a prison.

        (((17))) (22) "Vocational training" or "vocational education" means "vocational education" as defined in RCW 72.62.020.

        (23) "Washington business" means an in-state manufacturer or service provider subject to chapter 82.04 RCW existing on June 10, 2004.

        (((18))) (24) "Work programs" means all classes of correctional industries jobs authorized under RCW 72.09.100.


        NEW SECTION. Sec. 302. A new section is added to chapter 72.09 RCW to read as follows:

        (1) The department of corrections shall develop an individual reentry plan as defined in RCW 72.09.015 for every offender who is committed to a correctional facility operated by the department. The individual reentry plan may be one document, or may be a series of individual plans that combine to meet the requirements of this section.

        (2) In developing individual reentry plans, the department shall assess all offenders using standardized and comprehensive tools to identify the criminogenic risks, programmatic needs, and educational and vocational skill levels for each offender. The assessment tool should take into account demographic biases, such as culture, age, and gender, as well as the needs of the offender, including any learning disabilities, substance abuse or mental health issues, and social or behavior deficits.

        (3)(a) The initial assessment shall be conducted as early as sentencing, but no later than forty-five days after entry into the correctional system and shall be periodically reviewed and updated as appropriate.

        (b) The offender's individual reentry plan shall be developed as soon as possible after the initial assessment is conducted, but no later than sixty days after completion of the assessment.

        (4) The individual reentry plan shall, at a minimum, include:

        (a) A plan to maintain contact with the inmate's children and family, if appropriate. The plan should determine whether parenting classes, or other services, are appropriate to facilitate successful reunification with the offender's children and family;

        (b) An individualized portfolio for each offender that includes the offender's education achievements, certifications, employment, work experience, skills, and any training received prior to and during incarceration; and

        (c) A plan for the offender during the period of incarceration through reentry into the community that addresses the needs of the offender including education, employment, substance abuse treatment, mental health treatment, family reunification, and other areas which are needed to facilitate a successful reintegration into the community.

        (5)(a) The individual reentry plan shall be updated as appropriate during the period of incarceration to maintain relevancy to the inmate's current risks and needs.

        (b) The individual reentry plan shall be updated six months prior to the inmate's release to reassess the inmate's specific needs upon reentry. The individual reentry plan updated prior to release shall address the following:

        (i) The individual reentry plan should consider public safety concerns and be consistent with the offender assigned risk management level assigned by the department;

        (ii) The plan for the offender to access housing immediately upon release, including details of contact information for an individual to assist with housing;

        (iii) The plan for the offender to become connected with a community justice center in the area in which the offender will be residing once released from the correctional system.

        (6) Nothing in this act creates a vested right in programming, education, or other services.

         (7) An individual reentry plan may not be used as evidence of liability against the department, the state of Washington, or its employees.


PART IV - PARTIAL CONFINEMENT AND SUPERVISION


        NEW SECTION. Sec. 401. A new section is added to chapter 72.09 RCW to read as follows:

        (1) The department shall continue to establish community justice centers throughout the state for the purpose of providing comprehensive services and monitoring for inmates who are reentering the community.

        (2) For the purposes of this chapter, "community justice center" is defined as a nonresidential facility staffed primarily by the department in which released offenders may access services, or receive information regarding services, necessary to improve their successful reentry into the community. Such services may include but are not limited to, those listed in the individual reentry plan, mental health, chemical dependency, sex offender treatment, anger management, parenting education, financial literacy, housing assistance, employment assistance, and community supervision.

        (3) At a minimum, the community justice center shall include:


        (a) A violator program to allow the department to utilize a range of available sanctions for offenders who violate conditions of their supervision;

        (b) An employment opportunity program to assist an offender in finding employment; and

        (c) Resources for connecting offenders with services such as treatment, transportation, training, family reunification, and community services.

        (4) In addition to any other programs or services offered by a community justice center, the department shall designate a transition coordinator to facilitate connections between the former offender and the community.

        (5) The transition coordinator shall provide information to former offenders regarding services available to them in the community regardless of the length of time since the offender's release from the correctional facility. The transition coordinator shall, at a minimum, be responsible for the following:

         (a) Gathering and maintaining information regarding services currently existing within the community that are available to offenders including, but not limited to:

        (i) Programs offered through the department of social and health services, the department of health, the department of licensing, housing authorities, local community and technical colleges, other state or federal entities which provide public benefits, and nonprofit entities;

        (ii) Services such as housing assistance, employment assistance, education, vocational training, parent education, financial literacy, treatment for substance abuse, mental health, anger management, and any other service or program that will assist the former offender to successfully transition into the community;

        (b) Coordinating access to the existing services with the community providers and provide offenders with information regarding how to access the various type of services and resources that are available in the community.

        (6)(a) A minimum of six community justice centers shall be operational by December 1, 2009. The six community justice centers include those in operation on the effective date of this section.

        (b) By December 1, 2011, the department shall establish a minimum of three additional community justice centers within the state.

        (7) In locating new centers, the department shall:

        (a) Give priority to the counties with the largest population of offenders who were released from department of corrections custody and that do not already have a community justice center;

        (b) Ensure that at least two centers are operational in eastern Washington; and

        (c) Comply with section 402 of this act and all applicable zoning laws and regulations.

        (8) Before beginning the siting or opening of the new community justice center, the department shall:

        (a) Notify the city, if applicable, and the county within which the community justice center is proposed. Such notice shall occur at least sixty days prior to selecting a specific location to provide the services listed in this section;

        (b) Consult with the community providers listed in subsection (5) of this section to determine if they have the capacity to provide services to offenders through the community justice center; and

        (c) Give due consideration to all comments received in response to the notice of the start of site selection and consultation with community providers.

        (9) The department shall make efforts to enter into memoranda of understanding or agreements with the local community policing and supervision programs in which the community justice center is located to address:

        (a) Efficiencies that may be gained by sharing space or resources in the provision of reentry services to offenders;

        (b) Mechanisms for communication of information about offenders, including the feasibility of shared access to databases;

        (c) Partnerships between the department of corrections and local police to supervise offenders. The agreement must address:

        (i) Shared mechanisms to facilitate supervision of offenders under the respective jurisdictions of each which may include activities such as joint emphasis patrols to monitor high-risk offenders, service of bench and secretary warrants and detainers, joint field visits, connecting offenders with services, and, where appropriate, directing offenders into sanction alternatives in lieu of incarceration;

        (ii) The roles and responsibilities of police officers and corrections staff participating in the partnership; and

        (iii) The amount of corrections staff and police officer time that will be dedicated to partnership efforts.


        NEW SECTION. Sec. 402. No later than July 1, 2007, and every biennium thereafter starting with the biennium beginning July 1, 2008, the department shall prepare a list of counties and rural multicounty geographic areas in which work release facilities, community justice centers and other community-based facilities are anticipated to be sited during the next three fiscal years and transmit the list to the office of financial management and the counties on the list. The list may be updated as needed.


        Sec. 403. RCW 9.94A.728 and 2004 c 176 s 6 are each amended to read as follows:

        No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:

        (1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned release time. An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.

        (a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed fifteen percent of the sentence. In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed ten percent of the sentence.

        (b)(i) In the case of an offender who qualifies under (b)(ii) of this subsection, the aggregate earned release time may not exceed fifty percent of the sentence.

        (ii) An offender is qualified to earn up to fifty percent of aggregate earned release time under this subsection (1)(b) if he or she:

         (A) Is classified in one of the two lowest risk categories under (b)(iii) of this subsection;

        (B) Is not confined pursuant to a sentence for:

        (I) A sex offense;

        (II) A violent offense;

        (III) A crime against persons as defined in RCW 9.94A.411;

        (IV) A felony that is domestic violence as defined in RCW 10.99.020;

        (V) A violation of RCW 9A.52.025 (residential burglary);

        (VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

        (VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor); ((and))

        (C) Has no prior conviction for:

        (I) A sex offense;

        (II) A violent offense;

        (III) A crime against persons as defined in RCW 9.94A.411;

        (IV) A felony that is domestic violence as defined in RCW 10.99.020;

        (V) A violation of RCW 9A.52.025 (residential burglary);

        (VI) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or

        (VII) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);

        (D) Participates in programming or activities as directed by the offender's individual reentry plan as provided under section 302 of this act to the extent that such programming or activities are made available by the department; and

        (E) Has not committed a new felony after the effective date of this act while under community supervision, community restitution, community placement, or community custody.

        (iii) For purposes of determining an offender's eligibility under this subsection (1)(b), the department shall perform a risk assessment of every offender committed to a correctional facility operated by the department who has no current or prior conviction for a sex offense, a violent offense, a crime against persons as defined in RCW 9.94A.411, a felony that is domestic violence as defined in RCW 10.99.020, a violation of RCW 9A.52.025 (residential burglary), a violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine, or a violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor). The department must classify each assessed offender in one of four risk categories between highest and lowest risk.

        (iv) The department shall recalculate the earned release time and reschedule the expected release dates for each qualified offender under this subsection (1)(b).

        (v) This subsection (1)(b) applies retroactively to eligible offenders serving terms of total confinement in a state correctional facility as of July 1, 2003.

        (vi) This subsection (1)(b) does not apply to offenders convicted after July 1, 2010.

        (c) In no other case shall the aggregate earned release time exceed one-third of the total sentence;

        (2)(a) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, vehicular homicide, vehicular assault, assault of a child in the second degree, any crime against persons where it is determined in accordance with RCW 9.94A.602 that the offender or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed before July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;

        (b) A person convicted of a sex offense, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section;

        (c) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community placement or community custody terms eligible for release to community custody status in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;

        (d) The department may deny transfer to community custody status in lieu of earned release time pursuant to subsection (1) of this section if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody or community placement;

        (e) If the department denies transfer to community custody status in lieu of earned early release pursuant to (d) of this subsection, the department may transfer an offender to partial confinement in lieu of earned early release up to three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in this section;

        (f) An offender serving a term of confinement imposed under RCW 9.94A.670(4)(a) is not eligible for earned release credits under this section;

        (3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;

        (4)(a) The secretary may authorize an extraordinary medical placement for an offender when all of the following conditions exist:

        (i) The offender has a medical condition that is serious enough to require costly care or treatment;


        (ii) The offender poses a low risk to the community because he or she is physically incapacitated due to age or the medical condition; and

         (iii) Granting the extraordinary medical placement will result in a cost savings to the state.

        (b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible for an extraordinary medical placement.

        (c) The secretary shall require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. The secretary shall specify who shall provide the monitoring services and the terms under which the monitoring shall be performed.

        (d) The secretary may revoke an extraordinary medical placement under this subsection at any time;

        (5) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;

        (6) No more than the final six months of the ((sentence)) offender's term of confinement may be served in partial confinement designed to aid the offender in finding work and reestablishing himself or herself in the community. This is in addition to that period of earned early release time that may be exchanged for partial confinement pursuant to subsection (2)(e) of this section;

        (7) The governor may pardon any offender;

        (8) The department may release an offender from confinement any time within ten days before a release date calculated under this section; and

        (9) An offender may leave a correctional facility prior to completion of his or her sentence if the sentence has been reduced as provided in RCW 9.94A.870.

        Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.540 as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.540, however persistent offenders are not eligible for extraordinary medical placement.


        Sec. 404. RCW 9.94A.737 and 2005 c 435 s 3 are each amended to read as follows:

        (1) If an offender violates any condition or requirement of community custody, the department may transfer the offender to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section. The sanction for the violation shall be determined by the community corrections officer, or other person responsible for supervision of the offender, based on the community corrections officer's knowledge and experience with the offender, the seriousness of the violation, and other factors deemed relevant by the community corrections officer.

        (2)(a) For a sex offender sentenced to a term of community custody under RCW 9.94A.670 who violates any condition of community custody, the department may impose a sanction of up to sixty days' confinement in a local correctional facility for each violation. If the department imposes a sanction, the department shall submit within seventy-two hours a report to the court and the prosecuting attorney outlining the violation or violations and the sanctions imposed.

        (b) For a sex offender sentenced to a term of community custody under RCW 9.94A.710 who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of up to sixty days in a local correctional facility for each violation.

        (c) For an offender sentenced to a term of community custody under RCW 9.94A.505(2)(b), 9.94A.650, or 9.94A.715, or under RCW 9.94A.545, for a crime committed on or after July 1, 2000, who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of up to sixty days in total confinement for each violation. The department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.

         (d) For an offender sentenced to a term of community placement under RCW 9.94A.705 who violates any condition of community placement after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned release, the department may impose a sanction of up to sixty days in total confinement for each violation. The department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.

        (3) If an offender has been arrested for a new felony offense, the department shall hold the offender in total confinement until a hearing before the department as provided in this section or until the offender has been formally charged for the new felony offense, whichever is earlier. Nothing in this subsection shall be construed as to permit the department to hold an offender past his or her maximum term of total confinement if the offender has not completed the maximum term of total confinement or to permit the department to hold an offender past the offender's term of community custody.

        (4) The department shall be financially responsible for any portion of the sanctions authorized by this section that are served in a local correctional facility as a result of actions taken by a department employee.

        (5) If an offender is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the department prior to the imposition of sanctions. The hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The department shall develop hearing procedures and a structure of graduated sanctions.

        (((4))) (6) The hearing procedures required under subsection (((3))) (5) of this section shall be developed by rule and include the following:

        (a) Hearing officers shall report through a chain of command separate from that of community corrections officers;

        (b) The department shall provide the offender with written notice of the violation, the evidence relied upon, and the reasons the particular sanction was imposed. The notice shall include a statement of the rights specified in this subsection, and the offender's right to file a personal restraint petition under court rules after the final decision of the department;


        (c) The hearing shall be held unless waived by the offender, and shall be electronically recorded. For offenders not in total confinement, the hearing shall be held within fifteen working days, but not less than twenty-four hours, after notice of the violation. For offenders in total confinement, the hearing shall be held within five working days, but not less than twenty-four hours, after notice of the violation;

        (d) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; and (v) question witnesses who appear and testify; and

        (e) The sanction shall take effect if affirmed by the hearing officer. Within seven days after the hearing officer's decision, the offender may appeal the decision to a panel of three reviewing officers designated by the secretary or by the secretary's designee. The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not reasonably related to any of the following: (i) The crime of conviction; (ii) the violation committed; (iii) the offender's risk of reoffending; or (iv) the safety of the community.

        (((5))) (7) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or unconfirmable allegations.

        (((6))) (8) The department shall work with the Washington association of sheriffs and police chiefs to establish and operate an electronic monitoring program for low-risk offenders who violate the terms of their community custody. Between January 1, 2006, and December 31, 2006, the department shall endeavor to place at least one hundred low-risk community custody violators on the electronic monitoring program per day if there are at least that many low-risk offenders who qualify for the electronic monitoring program.

        (((7))) (9) Local governments, their subdivisions and employees, the department and its employees, and the Washington association of sheriffs and police chiefs and its employees shall be immune from civil liability for damages arising from incidents involving low-risk offenders who are placed on electronic monitoring unless it is shown that an employee acted with gross negligence or bad faith.


        NEW SECTION. Sec. 405. (1) A legislative task force on laws related to community custody and community supervision is established.

        (2) The task force shall be composed of fifteen members appointed in the following manner:

        (a) The president of the senate shall appoint one member from each of the two largest caucuses of the senate;

        (b) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives;

        (c) The governor shall appoint the chair of the task force and the following members:

        (i) A superior court judge;

        (ii) A representative of a prosecutor's association;

        (iii) A defense attorney or representative of an organization of defense attorneys;

        (iv) A representative of local elected officials;

        (v) A sheriff or representative of an organization of sheriffs;

        (vi) A police chief or representative of an organization of police chiefs;

        (vii) A community corrections officer;

        (viii) A crime victim or advocate;

        (d) The following agencies shall also be represented on the committee:

        (i) The attorney general, or the attorney general's designee; and

        (ii) The secretary of the department of corrections, or the secretary's designee.

        (3) The task force shall:

        (a) Convene at the call of the chair by September 1, 2007;

        (b) Review and analyze all statutes of the Revised Code of Washington related to community custody and community supervision of offenders;

        (c) Make specific recommendations, if any, related to sentencing laws that would allow the department of corrections and its community corrections officers to more easily identify statutory requirements associated with an offender's sentence;

        (d) Make specific recommendations, if any, related to community custody and community supervision laws that would allow the department of corrections and its community corrections officers to more easily identify statutory requirements associated with an offender's term of community custody or supervision;

        (e) Make specific recommendations, if any, related to the statutory requirements of the violation hearing process that would enable the department of corrections and its community corrections officers to respond to an offender's behavior by imposing appropriate and timely sanctions when necessary;

        (f) Make specific recommendations related to definitions and language used in the statutes, which would make the statutes easily readable and unambiguous;

        (g) Receive input from the public and interested stakeholders to assist in making suggested changes; and

        (h) Report its findings to the governor and legislature in the form of a final report to be submitted by November 1, 2007.

        (i) The report shall propose specific amendatory language wherever possible, when making recommendations;

        (ii) Each recommendation in the report shall, whenever possible, site to specific evidence-based programs or promising programs which support the recommended change;

        (iii) Each recommendation in the report shall, whenever possible, site to a specific study from the Washington institute for public policy, national institute for justice, bureau of justice assistance, or other academic study supporting the suggested change;

        (iv) The report shall contain a summary of public comment.

        (4) The task force shall use legislative facilities, and staff support shall be provided by the office of financial management, senate committee services, and house of representatives office of program research.

        (5) The Washington institute for public policy, the department of corrections, and the sentencing guidelines commission shall cooperate with the task force and provide all information and support reasonably requested by the task force.

         (6) Nonlegislative members of the task force shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

        (7) Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120.

        (8) This section expires December 31, 2007.


        NEW SECTION. Sec. 406. A new section is added to chapter 72.04A RCW to read as follows:

        The department shall develop a plan to reduce the supervision caseload of community corrections officers by December 1, 2012, and increase partnerships such as the neighborhood corrections initiative. Prior to 2012, the department shall hire additional community corrections officers to the extent funding is provided in the operating budget.


        Sec. 407. RCW 9.94A.631 and 1984 c 209 s 11 are each amended to read as follows:

        If an offender violates any condition or requirement of a sentence, a community corrections officer may arrest or cause the arrest of the offender without a warrant, pending a determination by the court. If there is reasonable cause to believe that an offender has violated a condition or requirement of the sentence, an offender may be required to submit to a search and seizure of the offender's person, residence, automobile, or other personal property. An offender may be required to submit to a search without reasonable cause to believe that he or she has violated a condition or requirement of the sentence if the search is a condition of his or her community custody under section 408 of this act. A community corrections officer may also arrest an offender for any crime committed in his or her presence. The facts and circumstances of the conduct of the offender shall be reported by the community corrections officer, with recommendations, to the court.

        If a community corrections officer arrests or causes the arrest of an offender under this section, the offender shall be confined and detained in the county jail of the county in which the offender was taken into custody, and the sheriff of that county shall receive and keep in the county jail, where room is available, all prisoners delivered to the jail by the community corrections officer, and such offenders shall not be released from custody on bail or personal recognizance, except upon approval of the court, pursuant to a written order.


        NEW SECTION. Sec. 408. A new section is added to chapter 9.94A RCW to read as follows:

        (1) The legislature finds that:

        (a) Offenders in total confinement may be subjected to random, unannounced inspections without violating the constitutional requirement that all searches be reasonable;

        (b) Offenders on community custody have the same expectation of privacy as offenders in total confinement; and

        (c) Requiring an offender on community custody to submit to random, unannounced inspections is therefore reasonable under the federal and state Constitutions.

        (2) When a court sentences an offender to a term of community custody under RCW 9.94A.505(2)(b), 9.94A.545, 9.94A.650, or 9.94A.715, for a crime committed on or after the effective date of this act, the court shall require the offender, as a condition of community custody, to submit to random, unannounced inspections of his or her person, residence, automobile, or other personal property.


        NEW SECTION. Sec. 409. A new section is added to chapter 9.94A RCW to read as follows:

        The department of corrections must provide reasonably adequate personnel and resources and make reasonably diligent efforts to actively pursue and reacquire offenders who have escaped or absconded.


PART V - EDUCATION


        Sec. 501. RCW 72.09.460 and 2004 c 167 s 5 are each amended to read as follows:

        (1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted ((under subsection (4) of)) as specifically provided in this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges.

        (2) The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

        (((2) The department shall provide access to a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements in accordance with chapter 28A.193 RCW. The program of education established by the department and education provider under RCW 28A.193.020 for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. The program of education may include but not be limited to basic education, prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.))

        (3)(a) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

        (((a))) (i) Achievement of basic academic skills through obtaining a high school diploma or its equivalent ((and));

        (ii) Achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

        (((b) Additional work and education programs based on assessments and placements under subsection (5) of this section; and

        (c) Other work and education programs as appropriate.

        (4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

        (5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:

        (a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

        (b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors)) (iii) Additional work and education programs necessary for compliance with an offender's individual reentry plan under section 302 of this act with the exception of postsecondary education degree programs as provided in section 502 of this act; and

        (iv) Other appropriate vocational, work, or education programs that are not necessary for compliance with an offender's individual reentry plan under section 302 of this act with the exception of postsecondary education degree programs as provided in section 502 of this act.

        (b) If programming is provided pursuant to (a)(i) through (iii) of this subsection, the department shall pay the cost of such programming, including but not limited to books, materials, supplies, and postage costs related to correspondence courses.

        (c) If programming is provided pursuant to (a)(iv) of this subsection, inmates shall be required to pay all or a portion of the costs, including books, fees, and tuition, for participation in any vocational, work, or education program as provided in department policies. Department policies shall include a formula for determining how much an offender shall be required to pay. The formula shall include steps which correlate to an offender average monthly income or average available balance in a personal inmate savings account and which are correlated to a prorated portion or percent of the per credit fee for tuition, books, or other ancillary costs. The formula shall be reviewed every two years. A third party may pay directly to the department all or a portion of costs and tuition for any programming provided pursuant to (a)(iv) of this subsection on behalf of an inmate. Such payments shall not be subject to any of the deductions as provided in this chapter.

        (d) The department may accept any and all donations and grants of money, equipment, supplies, materials, and services from any third party, including but not limited to nonprofit entities, and may receive, utilize, and dispose of same to complete the purposes of this section.

        (e) Any funds collected by the department under (c) and (d) of this subsection and subsections (8) and (9) of this section shall be used solely for the creation, maintenance, or expansion of inmate educational and vocational programs.

        (4) The department shall provide access to a program of education to all offenders who are under the age of eighteen and who have not met high school graduation or general equivalency diploma requirements in accordance with chapter 28A.193 RCW. The program of education established by the department and education provider under RCW 28A.193.020 for offenders under the age of eighteen must provide each offender a choice of curriculum that will assist the inmate in achieving a high school diploma or general equivalency diploma. The program of education may include but not be limited to basic education, prevocational training, work ethic skills, conflict resolution counseling, substance abuse intervention, and anger management counseling. The curriculum may balance these and other rehabilitation, work, and training components.

        (5)(a) In addition to the policies set forth in this section, the department shall consider the following factors in establishing criteria for assessing the inclusion of education and work programs in an inmate's individual reentry plan and in placing inmates in education and work programs:

        (i) An inmate's release date and custody level. An inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date, except that inmates with a release date of more than one hundred twenty months in the future shall not comprise more than ten percent of inmates participating in a new class I correctional industry not in existence on June 10, 2004;

        (ii) An inmate's education history and basic academic skills;

        (iii) An inmate's work history and vocational or work skills;

        (iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

        (v) Where applicable, an inmate's prior performance in department-approved education or work programs;

        (((c) Performance and goals.)) (b) The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals((;

        (d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

        (A) Second and subsequent vocational programs associated with an inmate's work programs; and

         (B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

        (ii) Inmates shall pay all costs and tuition for participation in:

        (A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

        (B) Second and subsequent vocational programs not associated with an inmate's work program.

        Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

        (e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

        (i) Shall not be required to participate in education programming; and

        (ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

        If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

        (6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

        (7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.

         (8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

        (9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release)).

        (6) Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges.

        (7) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all inmates with temporary disabilities to ensure the earliest possible entry or reentry by inmates into available programming.

        (8) The department shall establish policies requiring an offender to pay all or a portion of the costs and tuition for any vocational training or postsecondary education program if the offender completed more than two hundred hours in the program and then withdrew from participation without approval from the department. Department policies shall include a formula for determining how much an offender shall be required to pay. The formula shall include steps which correlate to an offender average monthly income or average available balance in a personal inmate savings account and which are correlated to a prorated portion or percent of the per credit fee for tuition, books, or other ancillary costs. The formula shall be reviewed every two years. A third party may pay directly to the department all or a portion of costs and tuition for any program on behalf of an inmate under this subsection. Such payments shall not be subject to any of the deductions as provided in this chapter.

        (9) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release or subject to the provisions of 8 U.S.C. Sec. 1227:

        (a) Shall not be required to participate in education programming except as may be necessary for the maintenance of discipline and security;

        (b) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers;

        (c) May participate in prevocational or vocational training that may be necessary to participate in a work program;

        (d) Shall be subject to the applicable provisions of this chapter relating to inmate financial responsibility for programming.


        NEW SECTION. Sec. 502. A new section is added to chapter 72.09 RCW to read as follows:

        (1) The department shall, if funds are appropriated for the specific purpose, implement postsecondary education degree programs within state correctional institutions, including the state correctional institution with the largest population of female inmates. The department shall consider for inclusion in any postsecondary education degree program, any postsecondary education degree program from an accredited community college, college, or university that is part of an associate of arts, baccalaureate, masters of arts, or other graduate degree program.

        (2) Inmates shall be required to pay the costs for participation in any postsecondary education degree programs established under this subsection, including books, fees, tuition, or any other appropriate ancillary costs, by one or more of the following means:

        (a) The inmate who is participating in the postsecondary education degree program shall, during confinement, provide the required payment or payments to the department; or

        (b) A third party shall provide the required payment or payments directly to the department on behalf of an inmate, and such payments shall not be subject to any of the deductions as provided in this chapter.

        (3) The department may accept any and all donations and grants of money, equipment, supplies, materials, and services from any third party, including but not limited to nonprofit entities, and may receive, utilize, and dispose of same to complete the purposes of this section.

        (4) Any funds collected by the department under this section shall be used solely for the creation, maintenance, or expansion of inmate postsecondary education degree programs.


        Sec. 503. RCW 72.09.480 and 2003 c 271 s 3 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

        An inmate may, prior to the completion of the fee-based education or vocational program authorized under this subsection, apply to a person designated by the secretary for permission to make a change in his or her program. The secretary, or his or her designee, may approve the application based solely on the following criteria: (a) The inmate has been transferred to another institution by the department for reasons unrelated to education or a change to a higher security classification and the offender's current program is unavailable in the offender's new placement; (b) the inmate entered an academic program as an undeclared major and wishes to declare a major. No inmate may apply for more than one change to his or her major and receive the exemption from deductions specified in this subsection; (c) the educational or vocational institution is terminating the inmate's current program; or (d) the offender's training or education has demonstrated that the current program is not the appropriate program to assist the offender to achieve a placement decision made by the department under RCW 72.09.460 to prepare the inmate for work upon release)) or postsecondary education degree programs as provided in RCW 72.09.460 and section 502 of this act.

        (b) The deductions required under subsection (2) of this section shall not apply to funds received by the department from a third party, including but not limited to a nonprofit entity on behalf of the department's education, vocation, or postsecondary education degree programs.

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

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

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

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

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


        NEW SECTION. Sec. 504. (1) The department of corrections and the state board for community and technical colleges, in cooperation with the unions representing academic employees in corrections education programs, shall investigate and review methods to optimize educational and vocational programming opportunities to meet the needs of each offender as identified in his or her individual reentry plan while an offender is under the jurisdiction of the department. Faculty in both incarceration and postincarceration educational programs shall be included in the review process and should be allowed job release time to participate in the review.

        (2) In conducting its review, the department and state board shall:

        (a) Consider and make recommendations regarding technological advances which could serve to expand educational programs and vocational training including, but not limited to, distance learning, satellite instruction, videotape usage, computer aided instruction, and flexible scheduling and also considering the infrastructure, resources, and security that would be needed to implement the program or training. These advances shall be assessed for their ability to provide the most cost-efficient and effective programming for offenders;

        (b) Consider and make recommendations regarding methods to ensure that educational programs and vocational training are relevant to enhance the employability of offenders upon release;

        (c) Consider and make recommendations regarding long-term methods for maintaining channels of communication between the department, state board administration, academic employees, and students; and

        (d) Gather information regarding the numbers of individuals who are involved in postsecondary education in department of corrections' facilities, the level of potential demand for postsecondary education, the ability of inmates to pay for the costs of postsecondary education in the facilities, the demand for and feasibility of establishing a loan program for offenders, and to make recommendations regarding the need to improve access to postsecondary education in prisons and methods to implement such programs.

        (3) The department and state board shall report to the governor and the legislature no later than November 15, 2007.


PART VI - EMPLOYMENT BARRIERS


        NEW SECTION. Sec. 601. On or before October 1, 2007, the department of corrections and the department of licensing shall enter into an agreement establishing expedited procedures to assist offenders in obtaining a driver's license or identification card upon their release from a department of corrections' institution.


        NEW SECTION. Sec. 602. (1) The director of the department of licensing, or the director's designee, shall, within existing resources, convene and chair a work group to review and recommend changes to occupational licensing laws and policies to encourage the employment of individuals with criminal convictions while ensuring the safety of the public.

        (2) In addition to the director of the department of licensing, the following shall be members of the work group: A representative from the employment security department, a representative from the department of corrections, a representative from the Washington state association of prosecuting attorneys, and up to five members appointed by the governor from state agencies that issue occupational licenses. The department shall also invite participation from victim service agencies, the state board for community and technical colleges, association of Washington business, nonprofit organizations providing workforce training to released offenders, and legislative staff who provide support to the human services and human services and corrections committees. Members of the work group shall serve without compensation.

        (3) In conducting its review, the work group must:

         (a) Review approaches used by other states and jurisdictions for awarding occupational licenses to those with criminal convictions;

        (b) Develop a process and standards by which the department of licensing and licensing agencies will determine whether a criminal conviction renders an applicant an unsuitable candidate for a license or whether a conviction warrants revocation or suspension of a license previously granted;

        (c) Develop guidelines for potential applicants that reflect the most common or well-known categories of crimes and their relation to specific license types;

        (d) Establish mechanisms for making information regarding the process and guidelines easily accessible to potential applicants with criminal histories.

        (4) The department of licensing shall present a report of its findings and recommendations to the governor and the appropriate committees of the legislature, including any proposed legislation, by November 15, 2008.

        (5) This section expires December 15, 2008.


PART VII - HOUSING


        NEW SECTION. Sec. 701. The legislature finds that, in order to improve the safety of our communities, more housing needs to be made available to offenders returning to the community. The legislature intends to increase the housing available to offenders by providing that landlords who rent to offenders shall be immune from civil liability for damages that may result from the criminal conduct of the tenant.


        NEW SECTION. Sec. 702. A new section is added to chapter 59.18 RCW to read as follows:

        A landlord who rents to an offender is not liable for civil damages arising from the criminal conduct of the tenant. In order for a landlord to be protected from liability as provided under this section, a landlord must disclose to residents of the property that he or she rents or has a policy of renting to offenders.


        NEW SECTION. Sec. 703. A new section is added to chapter 35.82 RCW to read as follows:

        The legislature recognizes that stable, habitable, and supportive housing is a critical factor that increases a previously incarcerated individual's access to treatment and services as well as the likelihood of success in the community. Housing authorities are therefore encouraged to formulate rental policies that are not unduly burdensome to previously incarcerated individuals attempting to reenter the community, particularly when the individual's family may already reside in government subsidized housing.


        NEW SECTION. Sec. 704. (1) The department of community, trade, and economic development shall establish a pilot program to provide transitional housing assistance to offenders who are reentering the community and are in need of housing.

        (2) There shall be a minimum of two pilot programs established in two counties in which community justice centers are located. The pilot programs shall be selected in consultation with the counties in which the pilots would be located. The department shall select the pilot site by September 1, 2007.

        (3) The pilot program shall:

        (a) Be operated in collaboration with the community justice center existing in the location of the pilot site; and

        (b) Offer transitional housing that includes a supported living or educational component, particularly education relating to developing independent living skills.

        (4) The department shall:

        (a) Collaborate with the department of corrections in developing criteria to determine who will qualify for housing assistance; and

        (b) Gather data, and report to the legislature by December 1, 2007, on the number of offenders seeking housing, the number of offenders eligible for housing, the number of offenders who receive the housing, and the number of offenders who commit new crimes while residing in the housing.

        (5) The state, the department, and its employees are not liable for civil damages arising from the conduct of an offender due to the placement of an offender in short-term housing or the provision of housing assistance.


        Sec. 705. RCW 72.09.111 and 2004 c 167 s 7 are each amended to read as follows:

        (1) The secretary shall deduct taxes and legal financial obligations from the gross wages, gratuities, or workers' compensation benefits payable directly to the inmate under chapter 51.32 RCW, of each inmate working in correctional industries work programs, or otherwise receiving such wages, gratuities, or benefits. The secretary shall also deduct child support payments from the gratuities of each inmate working in class II through class IV correctional industries work programs. The secretary shall develop a formula for the distribution of offender wages, gratuities, and benefits. The formula shall not reduce the inmate account below the indigency level, as defined in RCW 72.09.015.


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

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

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

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

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

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

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

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

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

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

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

        (c) The formula shall include the following minimum deductions from any workers' compensation benefits paid pursuant to RCW 51.32.080:

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

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

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

        (iv) An amount equal to any legal financial obligations owed by the inmate established by an order of any Washington state superior court up to the total amount of the award.

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

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

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

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

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

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

        (2) Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW or sentenced to death shall be exempt from the requirement under subsection (1)(a)(ii), (b)(ii), or (c)(ii).

        (3)(a) The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the following times:

        (i) The time of his or her release from confinement((, unless));

        (ii) Prior to his or her release from confinement in order to secure approved housing; or

        (iii) When the secretary determines that an emergency exists for the inmate((, at which time the funds can be)).

        (b) If funds are made available pursuant to (a)(ii) or (iii) of this subsection, the funds shall be made available to the inmate in an amount determined by the secretary.

        (c) The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.

        (4)(a) Subject to availability of funds for the correctional industries program, the expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:

        (i) Not later than June 30, 2005, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

        (ii) Not later than June 30, 2006, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

        (iii) Not later than June 30, 2007, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

        (iv) Not later than June 30, 2008, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

        (v) Not later than June 30, 2009, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003;

        (vi) Not later than June 30, 2010, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 2003.

        (b) Failure to comply with the schedule in this subsection does not create a private right of action.

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

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

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

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

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


PART VIII - RESTORATION OF CIVIL RIGHTS


        Sec. 801. RCW 29A.04.079 and 2003 c 111 s 114 are each amended to read as follows:

        An "infamous crime" is a crime punishable by death in the state penitentiary or imprisonment in a state correctional facility. The definition of "infamous crime" does not include juvenile adjudications pursuant to chapter 13.40 RCW or adult convictions for misdemeanors and gross misdemeanors.


        Sec. 802. RCW 29A.08.520 and 2005 c 246 s 15 are each amended to read as follows:

        (1) ((Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor shall cancel the defendant's voter registration. Additionally, the secretary of state in conjunction with the department of corrections, the Washington state patrol, the office of the administrator for the courts, and other appropriate state agencies shall arrange for a quarterly comparison of a list of known felons with the statewide voter registration list.)) A person who has been convicted of a felony and who is under the jurisdiction of the department of corrections as a result of that felony conviction is ineligible to vote. Following conviction of a felony, the right to vote is provisionally restored as long as the person is not under the jurisdiction of the department of corrections.

        (2)(a) Once the right to vote has been provisionally restored, the sentencing court may revoke the provisional restoration of voting rights if the sentencing court determines that a person has willfully failed to comply with the terms of his or her order to pay legal financial obligations.

        (b) If the person has failed to make three payments in a twelve-month period and the county clerk or restitution recipient requests, the prosecutor shall seek revocation of the provisional restoration of voting rights from the court.

        (c) To the extent practicable, the prosecutor and county clerk shall inform a restitution recipient of the recipient's right to ask for the revocation of the provisional restoration of voting rights.

        (3) If the court revokes the provisional restoration of voting rights, the revocation shall remain in effect until, upon motion by the person whose provisional voting rights have been revoked, the person shows that he or she has made a good faith effort to pay as defined in RCW 10.82.090.

        (4) The county clerk shall enter into a database maintained by the administrator for the courts the names of all persons whose provisional voting rights have been revoked, and update the database for any person whose voting rights have subsequently been restored pursuant to subsection (6) of this section.

        (5) At least twice a year, the secretary of state shall compare the list of registered voters to a list of felons who are not eligible to vote as provided in subsections (1) and (3) of this section. If a ((person is found on a felon list and the statewide voter registration list)) registered voter is not eligible to vote as provided in this section, the secretary of state or county auditor shall confirm the match through a date of birth comparison and suspend the voter registration from the official state voter registration list. The canceling authority shall send to the person at his or her last known voter registration address a notice of the proposed cancellation and an explanation of the requirements for provisionally and permanently restoring the right to vote ((once all terms of sentencing have been completed)) and reregistering. If the person does not respond within thirty days, the registration must be canceled. To the extent possible, the secretary of state shall time the comparison required by this subsection to allow notice and cancellation of voting rights for ineligible voters prior to a primary or general election.

        (((2))) (6) The right to vote may be permanently restored by((, for each felony conviction,)) one of the following for each felony conviction:

        (a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;

        (b) A court order restoring the right, as provided in RCW 9.92.066;

        (c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or

        (d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020.


        Sec. 803. RCW 9.92.066 and 2003 c 66 s 2 are each amended to read as follows:

        (1) Upon termination of any suspended sentence under RCW 9.92.060 or 9.95.210, such person may apply to the court for restoration of his or her civil rights not already restored by RCW 29A.08.520. Thereupon the court may in its discretion enter an order directing that such defendant shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he or she has been convicted.

        (2)(a) Upon termination of a suspended sentence under RCW 9.92.060 or 9.95.210, the person may apply to the sentencing court for a vacation of the person's record of conviction under RCW 9.94A.640. The court may, in its discretion, clear the record of conviction if it finds the person has met the equivalent of the tests in RCW 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.

        (b) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.


        Sec. 804. RCW 9.94A.637 and 2004 c 121 s 2 are each amended to read as follows:

        (1)(a) When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision of the department, the secretary or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

        (b)(i) When an offender has reached the end of his or her supervision with the department and has completed all the requirements of the sentence except his or her legal financial obligations, the secretary's designee shall provide the county clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.


        (ii) When the department has provided the county clerk with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court, including the notice from the department, which shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

        (c) When an offender who is subject to requirements of the sentence in addition to the payment of legal financial obligations either is not subject to supervision by the department or does not complete the requirements while under supervision of the department, it is the offender's responsibility to provide the court with verification of the completion of the sentence conditions other than the payment of legal financial obligations. When the offender satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court that the legal financial obligations have been satisfied. When the court has received both notification from the clerk and adequate verification from the offender that the sentence requirements have been completed, the court shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

        (2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the court resides and to the department. The department shall create and maintain a database containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.

        (3) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.

        (4) Except as provided in subsection (5) of this section, the discharge shall have the effect of restoring all civil rights ((lost by operation of law upon conviction)) not already restored by RCW 29A.08.520, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation.

        (5) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.

        (6) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.


        Sec. 805. RCW 9.96.050 and 2002 c 16 s 3 are each amended to read as follows:

        When a prisoner on parole has performed all obligations of his or her release, including any and all legal financial obligations, for such time as shall satisfy the indeterminate sentence review board that his or her final release is not incompatible with the best interests of society and the welfare of the paroled individual, the board may make a final order of discharge and issue a certificate of discharge to the prisoner. The certificate of discharge shall be issued to the offender in person or by mail to the prisoner's last known address.

        The board shall send a copy of every signed certificate of discharge ((to the auditor for the county in which the offender was sentenced and)) to the department of corrections. The department shall create and maintain a database containing the names of all felons who have been issued certificates of discharge, the date of discharge, and the date of conviction and offense.

        The board retains the jurisdiction to issue a certificate of discharge after the expiration of the prisoner's or parolee's maximum statutory sentence. If not earlier granted, the board shall make a final order of discharge three years from the date of parole unless the parolee is on suspended or revoked status at the expiration of the three years. Such discharge, regardless of when issued, shall have the effect of restoring all civil rights ((lost by operation of law upon conviction)) not already restored by RCW 29A.08.520, and the certification of discharge shall so state. This restoration of civil rights shall not restore the right to receive, possess, own, or transport firearms.

        The discharge provided for in this section shall be considered as a part of the sentence of the convicted person and shall not in any manner be construed as affecting the powers of the governor to pardon any such person.


        Sec. 806. RCW 10.64.140 and 2005 c 246 s 1 are each amended to read as follows:

        When a person is convicted of a felony, the court shall require the defendant to sign a statement acknowledging that:

        (1) The defendant's right to vote has been lost due to the felony conviction;

        (2) ((If the defendant is registered to vote, the voter registration will be canceled)) The right to vote is provisionally restored as long as the defendant is not under the jurisdiction of the department of corrections;

        (3) The provisional right to vote may be revoked if the defendant fails to comply with all the terms of his or her legal financial obligations or an agreement for the payment of legal financial obligations;

        (((3))) (4) The right to vote may be permanently restored by one of the following for each felony conviction:

        (a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;

        (b) A court order issued by the sentencing court restoring the right, as provided in RCW 9.92.066;

        (c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or

        (d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020; and

        (((4))) (5) Voting before the right is restored is a class C felony under RCW 29A.84.660.


        NEW SECTION. Sec. 807. The following acts or parts of acts are each repealed:


        (4) RCW 10.64.021 (Notice of conviction) and 1994 c 57 s 1; and

        (5) RCW 29A.08.660 (Felony offender--Completion of sentence) and 2005 c 246 s 12.


PART IX - OVERSIGHT COMMITTEE


        NEW SECTION. Sec. 901. A new section is added to chapter 72.09 RCW to read as follows:

        (1) There is created the legislative corrections oversight committee for the purpose of monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to the department of corrections and the treatment and supervision of offenders under the jurisdiction of the department. The committee shall consist of three senators and three representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate. The house members of the committee shall be appointed by the speaker of the house of representatives. Not more than two members from each chamber shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.

        (2) The committee shall have the following powers:

        (a) Selection of its officers and adoption of rules for orderly procedure;

        (b) Request and receive status reports from the department related to its progress on the recommendations of the joint task force on offenders programs, sentencing and supervision authorized by chapter 267, Laws of 2006, implementation of the provisions of this act, and other topics as appropriate;

        (c) Monitor coordination and collaboration between local government and the department and efforts to share resources and reduce the duplication of services;

        (d)(i) Obtain access to all relevant records in the possession of the department, except as prohibited by law; and (ii) make recommendations to all branches of government;

        (e) Request legislation;

        (f) Conduct hearings into such matters as it deems necessary.

        (3) Upon receipt of records from the department, the committee is subject to the same confidentiality restrictions as the department.

        (4) The committee will receive the necessary staff support from both the senate and house of representatives staff resources.

        (5) The members of the committee shall serve without additional compensation, but will be reimbursed for their travel expenses, in accordance with RCW 44.04.120, incurred while attending sessions of the committee or meetings of a subcommittee of the committee, while engaged on other committee business authorized by the committee, and while going to and coming from committee sessions or committee meetings.

        (6) This section expires July 1, 2012.


PART X - MISCELLANEOUS


        Sec. 1001. RCW 9.94A.660 and 2006 c 339 s 302 and 2006 c 73 s 10 are each reenacted and amended to read as follows:

        (1) An offender is eligible for the special drug offender sentencing alternative if:

        (a) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve a sentence enhancement under RCW 9.94A.533 (3) or (4);

        (b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor or any drug under RCW 46.61.502(6) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6);

        (c) The offender has no current or prior convictions for a sex offense at any time or violent offense within ten years before conviction of the current offense, in this state, another state, or the United States;

        (d) For a violation of the Uniform Controlled Substances Act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW, the offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance;

        (e) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence;

        (f) The standard sentence range for the current offense is greater than one year; and

        (g) The offender has not received a drug offender sentencing alternative more than once in the prior ten years before the current offense.

         (2) A motion for a sentence under this section may be made by the court, the offender, or the state. If the sentencing court determines that the offender is eligible for this alternative, the court may order an examination of the offender. The examination shall, at a minimum, address the following issues:

        (a) Whether the offender suffers from drug addiction;

        (b) Whether the addiction is such that there is a probability that criminal behavior will occur in the future;

        (c) Whether effective treatment for the offender's addiction is available from a provider that has been licensed or certified by the division of alcohol and substance abuse of the department of social and health services; and

        (d) Whether the offender and the community will benefit from the use of the alternative.

        (3) The examination report must contain:

        (a) Information on the issues required to be addressed in subsection (2) of this section; and

        (b) A proposed treatment plan that must, at a minimum, contain:

        (i) A proposed treatment provider that has been licensed or certified by the division of alcohol and substance abuse of the department of social and health services;

        (ii) The recommended frequency and length of treatment, including both residential chemical dependency treatment and treatment in the community;

        (iii) Details specifying where the treatment will take place and when such substance abuse treatment will become readily available for the offender to begin;

        (iv) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others; and

        (((iv))) (v) Recommended crime-related prohibitions and affirmative conditions.

        (4) After receipt of the examination report, if the court determines that a sentence under this section is appropriate, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of either a prison-based alternative under subsection (5) of this section or a residential chemical dependency treatment-based alternative under subsection (6) of this section. The residential chemical dependency treatment-based alternative is only available if the midpoint of the standard range is twenty-four months or less.

        (5) The prison-based alternative shall include:

        (a) A period of total confinement in a state facility for one-half of the midpoint of the standard sentence range or twelve months, whichever is greater. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections;

        (b) The remainder of the midpoint of the standard range as a term of community custody which must include a readily available appropriate substance abuse treatment in a program that has been approved by the division of alcohol and substance abuse of the department of social and health services. In the event that an approved substance abuse treatment program is not readily available, the offender shall remain in confinement in a state facility until such treatment program becomes available. If the department finds that conditions have been willfully violated, the offender may be reclassified to serve the remaining balance of the original sentence. An offender who fails to complete the program or who is administratively terminated from the program shall be reclassified to serve the unexpired term of his or her sentence as ordered by the sentencing court;

        (c) Crime-related prohibitions including a condition not to use illegal controlled substances;

        (d) A requirement to submit to urinalysis or other testing to monitor that status; and

        (e) A term of community custody pursuant to RCW 9.94A.715 to be imposed upon failure to complete or administrative termination from the special drug offender sentencing alternative program.

        (6) The residential chemical dependency treatment-based alternative shall include:

        (a) A term of community custody equal to one-half of the midpoint of the standard sentence range or two years, whichever is greater, provided that:

         (i) An appropriate substance abuse treatment program is readily available; and

        (ii) Conditioned on the offender entering and remaining in residential chemical dependency treatment certified under chapter 70.96A RCW for a period set by the court between three and six months. In the event that a residential chemical dependency treatment program is not readily available, the offender shall be transferred and confined in a state facility until such treatment program becomes available to the offender. If the court imposes a term of community custody, the department shall, within available resources, make chemical dependency assessment and treatment services available to the offender during the term of community custody. The court shall impose, as conditions of community custody, treatment and other conditions as proposed in the plan under subsection (3)(b) of this section. The department may impose conditions and sanctions as authorized in RCW 9.94A.715 (2), (3), (6), and (7), 9.94A.737, and 9.94A.740. The court shall schedule a progress hearing during the period of residential chemical dependency treatment, and schedule a treatment termination hearing for three months before the expiration of the term of community custody;

        (b) Before the progress hearing and treatment termination hearing, the treatment provider and the department shall submit written reports to the court and parties regarding the offender's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment. At the hearing, the court may:

        (i) Authorize the department to terminate the offender's community custody status on the expiration date determined under (a) of this subsection; or

        (ii) Continue the hearing to a date before the expiration date of community custody, with or without modifying the conditions of community custody; or

        (iii) Impose a term of total confinement equal to one-half the midpoint of the standard sentence range, followed by a term of community custody under RCW 9.94A.715;

        (c) If the court imposes a term of total confinement under (b)(iii) of this subsection, the department shall, within available resources, make chemical dependency assessment and treatment services available to the offender during the terms of total confinement and community custody.

        (7) If the court imposes a sentence under this section, the court may prohibit the offender from using alcohol or controlled substances and may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court may impose any of the following conditions:

        (a) Devote time to a specific employment or training;

        (b) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

        (c) Report as directed to a community corrections officer;

        (d) Pay all court-ordered legal financial obligations;

        (e) Perform community restitution work;

        (f) Stay out of areas designated by the sentencing court;

        (g) Such other conditions as the court may require such as affirmative conditions.

        (8)(a) The court may bring any offender sentenced under this section back into court at any time on its own initiative to evaluate the offender's progress in treatment or to determine if any violations of the conditions of the sentence have occurred.

        (b) If the offender is brought back to court, the court may modify the terms of the community custody or impose sanctions under (c) of this subsection.

        (c) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody if the offender violates the conditions of the sentence or if the offender is failing to make satisfactory progress in treatment.

        (d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for any time previously served under this section.

        (9) If an offender sentenced to the prison-based alternative under subsection (5) of this section is found by the United States attorney general to be subject to a deportation order, a hearing shall be held by the department unless waived by the offender, and, if the department finds that the offender is subject to a valid deportation order, the department may administratively terminate the offender from the program and reclassify the offender to serve the remaining balance of the original sentence.

        (10) An offender sentenced under this section shall be subject to all rules relating to earned release time with respect to any period served in total confinement.

        (11) Costs of examinations and preparing treatment plans under subsections (2) and (3) of this section may be paid, at the option of the county, from funds provided to the county from the criminal justice treatment account under RCW 70.96A.350.


        NEW SECTION. Sec. 1002. Part headings used in this act are not any part of the law.


        NEW SECTION. Sec. 1003. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


        NEW SECTION. Sec. 1004. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void."


        Correct the title.

 

Signed by Representatives Dickerson, Chairman; Roberts, Vice Chairman; Walsh, Assistant Ranking Minority Member; Darneille; McCoy and O'Brien.

 

MINORITY recommendation: Do not pass. Signed by Representatives Ahern, Ranking Minority Member; Bailey.

 

Referred to Committee on Appropriations.


March 29, 2007

SSB 5104     Prime Sponsor, Senate Committee On Higher Education: Expanding the applied baccalaureate degree pilot program. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


        On page 2, line 6, after "By", strike "February" and insert "June"

 

Signed by Representatives Wallace, Chairman; Sells, Vice Chairman; Anderson, Ranking Minority Member; Buri, Assistant Ranking Minority Member; Hasegawa; Jarrett; McIntire; Roberts and Sommers.

 

Referred to Committee on Appropriations.


March 28, 2007

2SSB 5114   Prime Sponsor, Senate Committee On Ways & Means: Changing student transportation funding. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Sommers, Chairman; Dunshee, Vice Chairman; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Buri; Chandler; Cody; Conway; Darneille; Ericks; Fromhold; Grant; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Kretz; Linville; McDermott; McDonald; McIntire; Morrell; Pettigrew; Priest; Schual-Berke; Seaquist; P. Sullivan and Walsh.

 

MINORITY recommendation: Do not pass. Signed by Representative Dunn.


       Passed to Committee on Rules for second reading.


March 28, 2007

ESSB 5312   Prime Sponsor, Senate Committee On Judiciary: Addressing the issue of stolen metal property. Reported by Committee on Public Safety & Emergency Preparedness

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Commercial account" means a relationship between a scrap metal business and a commercial enterprise that is ongoing and properly documented under section 3 of this act.

        (2) "Commercial enterprise" means a corporation, partnership, limited liability company, association, state agency, political subdivision of the state, public corporation, or any other legal or commercial entity.

        (3) "Commercial metal property" means: Utility access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a commercial enterprise, including but not limited to a telephone, commercial mobile radio services, cable, electric, water, natural gas, or other utility, or railroad; unused or undamaged building construction materials consisting of copper pipe, tubing, or wiring, or aluminum wire, siding, downspouts, or gutters; aluminum or stainless steel fence panels made from one inch tubing, forty-two inches high with four inch gaps; aluminum decking, bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; or agricultural irrigation wheels, sprinkler heads, and pipes.

        (4) "Nonferrous metal property" means metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. "Nonferrous metal property" does not include precious metals.

        (5) "Precious metals" means gold, silver, and platinum.

         (6) "Record" means a paper, electronic, or other method of storing information.

        (7) "Scrap metal business" means a scrap metal supplier, scrap metal recycling center, and scrap metal processor.

        (8) "Scrap metal processor" means a person with a current business license that conducts business from a permanent location, that is engaged in the business of purchasing or receiving nonferrous metal property and commercial metal property for the purpose of altering the metal in preparation for its use as feedstock in the manufacture of new products, and that maintains a hydraulic bailer, shearing device, or shredding device for recycling.

        (9) "Scrap metal recycling center" means a person with a current business license that is engaged in the business of purchasing or receiving nonferrous metal property and commercial metal property for the purpose of aggregation and sale to another scrap metal business and that maintains a fixed place of business within the state.

        (10) "Scrap metal supplier" means a person with a current business license that is engaged in the business of purchasing or receiving nonferrous metal property for the purpose of aggregation and sale to a scrap metal recycling center or scrap metal processor and that does not maintain a fixed business location in the state.

        (11) "Transaction" means a pledge, or the purchase of, or the trade of any item of nonferrous metal property by a scrap metal business from a member of the general public. "Transaction" does not include donations or the purchase or receipt of nonferrous metal property by a scrap metal business from a commercial enterprise, from another scrap metal business, or from a duly authorized employee or agent of the commercial enterprise or scrap metal business.


        NEW SECTION. Sec. 2. RECORDS REQUIRED FOR PURCHASING NONFERROUS METAL PROPERTY FROM THE GENERAL PUBLIC. (1) At the time of a transaction, every scrap metal business doing business in this state shall produce wherever that business is conducted an accurate and legible record of each transaction involving nonferrous metal property. This record must be written in the English language, documented on a standardized form or in electronic form, and contain the following information:

        (a) The signature of the person with whom the transaction is made;

         (b) The time, date, location, and value of the transaction;

        (c) The name of the employee representing the scrap metal business in the transaction;

        (d) The name, street address, and telephone number of the person with whom the transaction is made;

        (e) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the nonferrous metal property subject to the transaction;

        (f) A description of the motor vehicle used to deliver the nonferrous metal property subject to the transaction;

        (g) The current driver's license number or other government-issued picture identification card number of the seller or a copy of the seller's government-issued picture identification card; and

        (h) A description of the predominant types of nonferrous metal property subject to the transaction, including the property's classification code as provided in the institute of scrap recycling industries scrap specifications circular, 2006, and weight, quantity, or volume.

        (2) For every transaction that involves nonferrous metal property, every scrap metal business doing business in the state shall require the person with whom a transaction is being made to sign a declaration. The declaration may be included as part of the transactional record required under subsection (1) of this section, or on a receipt for the transaction. The declaration must state substantially the following:

        "I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property."

        The declaration must be signed and dated by the person with whom the transaction is being made. An employee of the scrap metal business must witness the signing and dating of the declaration and sign the declaration accordingly before any transaction may be consummated.

        (3) The record and declaration required under this section must be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, and must be maintained wherever that business is conducted for one year following the date of the transaction.


        NEW SECTION. Sec. 3. REQUIREMENTS FOR PURCHASING OR RECEIVING NONFERROUS METAL PROPERTY FROM THE GENERAL PUBLIC. (1) No scrap metal business may enter into a transaction to purchase or receive nonferrous metal property from any person who cannot produce at least one piece of current government-issued picture identification, including a valid driver's license or identification card issued by any state.

        (2) No scrap metal business may purchase or receive commercial metal property unless the seller: (a) Has a commercial account with the scrap metal business; (b) can prove ownership of the property by producing written documentation that the seller is the owner of the property; or (c) can produce written documentation that the seller is an employee or agent authorized to sell the property on behalf of a commercial enterprise.

        (3) No scrap metal business may enter into a transaction to purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the seller can produce written proof to the scrap metal business that the wire was lawfully burned.

        (4) No transaction involving nonferrous metal property valued at greater than thirty dollars may be made in cash or with any person who does not provide a street address under the requirements of section 2 of this act. For transactions valued at greater than thirty dollars, the person with whom the transaction is being made may only be paid by a nontransferable check, mailed by the scrap metal business to a street address provided under section 2 of this act, no earlier than ten days after the transaction was made. A transaction occurs on the date provided in the record required under section 2 of this act.

        (5) No scrap metal business may purchase or receive beer kegs from anyone except a manufacturer of beer kegs or licensed brewery.


        NEW SECTION. Sec. 4. RECORD FOR COMMERCIAL ACCOUNTS. (1) Every scrap metal business must create and maintain a permanent record with a commercial enterprise, including another scrap metal business, in order to establish a commercial account. That record, at a minimum, must include the following information:

        (a) The full name of the commercial enterprise or commercial account;

        (b) The business address and telephone number of the commercial enterprise or commercial account; and

         (c) The full name of the person employed by the commercial enterprise who is authorized to deliver nonferrous metal property and commercial metal property to the scrap metal business.

        (2) The record maintained by a scrap metal business for a commercial account must document every purchase or receipt of nonferrous metal property and commercial metal property from the commercial enterprise. The documentation must include, at a minimum, the following information:

        (a) The time, date, and value of the property being purchased or received;

        (b) A description of the predominant types of property being purchased or received; and

        (c) The signature of the person delivering the property to the scrap metal business.



        NEW SECTION. Sec. 5. REPORTING TO LAW ENFORCEMENT. (1) Upon request by any commissioned law enforcement officer of the state or any of its political subdivisions, every scrap metal business shall furnish a full, true, and correct transcript of the records from the purchase or receipt of nonferrous metal property and commercial metal property involving a specific individual, vehicle, or item of nonferrous metal property or commercial metal property. This information may be transmitted within a specified time of not less than two business days to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county's chief law enforcement officer.

        (2) If the scrap metal business has good cause to believe that any nonferrous metal property or commercial metal property in his or her possession has been previously lost or stolen, the scrap metal business shall promptly report that fact to the applicable commissioned law enforcement officer of the state, the chief of police, or the county's chief law enforcement officer, together with the name of the owner, if known, and the date when and the name of the person from whom it was received.


        NEW SECTION. Sec. 6. PRESERVING EVIDENCE OF METAL THEFT. (1) Following notification, either verbally or in writing, from a commissioned law enforcement officer of the state or any of its political subdivisions that an item of nonferrous metal property or commercial metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification upon the property. The scrap metal business shall hold the property for a period of time as directed by the applicable law enforcement agency up to a maximum of ten business days.

        (2) A commissioned law enforcement officer of the state or any of its political subdivisions shall not place on hold any item of nonferrous metal property or commercial metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the property must be removed within ten business days after the property on hold is determined not to be stolen or lost and the property must be returned to the owner or released.


        NEW SECTION. Sec. 7. UNLAWFUL VIOLATIONS. It is a gross misdemeanor under chapter 9A.20 RCW for:

        (1) Any person to deliberately remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of nonferrous metal property or commercial metal property in order to deceive a scrap metal business;

        (2) Any scrap metal business to enter into a transaction to purchase or receive any nonferrous metal property or commercial metal property where the manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon the property have been deliberately and conspicuously removed, altered, or obliterated;

        (3) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter;

        (4) Any scrap metal business to enter into a transaction to purchase or receive nonferrous metal property or commercial metal property from any person under the age of eighteen years or any person who is discernibly under the influence of intoxicating liquor or drugs;

         (5) Any scrap metal business to enter into a transaction to purchase or receive nonferrous metal property or commercial metal property with anyone whom the scrap metal business has been informed by a law enforcement agency to have been convicted of a crime involving drugs, burglary, robbery, theft, or possession of or receiving stolen property, manufacturing, delivering, or possessing with intent to deliver methamphetamine, or possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, or anhydrous ammonia with intent to manufacture methamphetamine within the past ten years whether the person is acting in his or her own behalf or as the agent of another;

        (6) Any person to sign the declaration required under section 2 of this act knowing that the nonferrous metal property subject to the transaction is stolen. The signature of a person on the declaration required under section 2 of this act constitutes evidence of intent to defraud a scrap metal business if that person is found to have known that the nonferrous metal property subject to the transaction was stolen;

        (7) Any scrap metal business to possess commercial metal property that was not lawfully purchased or received under the requirements of this chapter; or

        (8) Any scrap metal business to engage in a series of transactions valued at less than thirty dollars with the same seller for the purposes of avoiding the requirements of section 3(4) of this act.


        NEW SECTION. Sec. 8. CIVIL PENALTIES. (1) Each violation of the requirements of this chapter that are not subject to the criminal penalties under section 7 of this act shall be punishable, upon conviction, by a fine of not more than one thousand dollars.

        (2) Within two years of being convicted of a violation of any of the requirements of this chapter that are not subject to the criminal penalties under section 7 of this act, each subsequent violation shall be punishable, upon conviction, by a fine of not more than two thousand dollars.


        NEW SECTION. Sec. 9. EXEMPTIONS. The provisions of this chapter do not apply to transactions conducted by the following:

        (1) Motor vehicle dealers licensed under chapter 46.70 RCW;

         (2) Vehicle wreckers or hulk haulers licensed under chapter 46.79 or 46.80 RCW;

        (3) Persons in the business of operating an automotive repair facility as defined under RCW 46.71.011; and

        (4) Persons in the business of buying or selling empty food and beverage containers, including metal food and beverage containers.


        NEW SECTION. Sec. 10. Sections 1 through 9 of this act constitute a new chapter in Title 19 RCW.


        NEW SECTION. Sec. 11. RCW 9.91.110 (Metal buyers--Records of purchases--Penalty) and 1971 ex.s. c 302 s 18 are each repealed.


        NEW SECTION. Sec. 12. Captions used in this act are not any part of the law.


        NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."



        Correct the title.

 

Signed by Representatives O'Brien, Chairman; Hurst, Vice Chairman; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern; Goodman and Lovick.


       Passed to Committee on Rules for second reading.


March 29, 2007

ESSB 5339   Prime Sponsor, Senate Committee On Economic Development, Trade & Management: Authorizing the acquisition and operation of tourism-related facilities by port districts. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 67.28.080 and 1997 c 452 s 2 are each amended to read as follows:

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

        (1) "Acquisition" includes, but is not limited to, siting, acquisition, design, construction, refurbishing, expansion, repair, and improvement, including paying or securing the payment of all or any portion of general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purpose or purposes under this chapter.

        (2) "Municipality" means any county, city ((or)), town, or port district of the state of Washington.

        (3) "Operation" includes, but is not limited to, operation, management, and marketing.

        (4) "Person" means the federal government or any agency thereof, the state or any agency, subdivision, taxing district or municipal corporation thereof other than county, city or town, any private corporation, partnership, association, or individual.

        (5) "Tourism" means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs.

        (6) "Tourism promotion" means activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing of special events and festivals designed to attract tourists.

         (7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor, and used to support tourism, performing arts, or to accommodate tourist activities.

        (8) "Tourist" means a person who travels from a place of residence to a different town, city, county, state, or country, for purposes of business, pleasure, recreation, education, arts, heritage, or culture.


        Sec. 2. RCW 67.28.140 and 1967 c 236 s 7 are each amended to read as follows:

        (1) The acts authorized herein are declared to be strictly for the public purposes of the municipalities authorized to perform same. Any municipality as defined in RCW 67.28.080 shall have the power to acquire by condemnation and purchase any lands and property rights, both within and without its boundaries, which are necessary to carry out the purposes of this chapter. Such right of eminent domain shall be exercised by the legislative body of each such municipality in the manner provided by applicable general law or under chapter 8.12 RCW.

        (2) Nothing in this section expands a port district's right of eminent domain for the purposes of the activities and projects authorized under this chapter.


        NEW SECTION. Sec. 3. A new section is added to chapter 67.28 RCW to read as follows:

        Port districts are prohibited from exercising the taxing authority authorized under RCW 67.28.180, 67.28.1801, 67.28.181, 67.28.1815, 67.28.1817, 67.28.183, 67.28.184, and 67.28.200.


        NEW SECTION. Sec. 4. A new section is added to chapter 67.28 RCW to read as follows:

        A port district and any municipality or other entity involved in a joint venture or project with a port district under this chapter shall comply with the provisions of chapter 39.12 RCW."


        Correct the title.

 

Signed by Representatives Simpson, Chairman; Eddy, Vice Chairman; Curtis, Ranking Minority Member; Ross; B. Sullivan and Takko.

 

MINORITY recommendation: Without recommendation. Signed by Representative Schindler, Assistant Ranking Minority Member.


       Passed to Committee on Rules for second reading.


March 28, 2007

SSB 5358     Prime Sponsor, Senate Committee On Judiciary: Protecting the news media from being compelled to testify in legal proceedings. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Goodman, Vice Chairman; Rodne, Ranking Minority Member; Flannigan; Kirby; Moeller; Pedersen; Ross and Williams.

 

MINORITY recommendation: Do not pass. Signed by Representatives Warnick, Assistant Ranking Minority Member; Ahern.


       Passed to Committee on Rules for second reading.


March 27, 2007

SB 5389       Prime Sponsor, Senator Hewitt: Approving the importing of one simulcast race of regional or national interest on horse race days. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Green; Moeller and Williams.


       Passed to Committee on Rules for second reading.


March 28, 2007

SSB 5435     Prime Sponsor, Senate Committee On Government Operations & Elections: Creating the public records exemptions accountability committee. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature recognizes that public disclosure exemptions are enacted to meet objectives which are determined to be in the public interest. Given the changing nature of information technology and management, record keeping, and the increasing number of public disclosure exemptions, the legislature finds that periodic reviews of public disclosure exemptions are needed to determine if the exemption serves the public interest.


        NEW SECTION. Sec. 2. (1) The public records exemptions accountability committee is created to review public disclosure exemptions.

        (2) The committee has seven members as follows:

        (a) One member is the attorney general, who is a nonvoting member;

        (b) One member is the chair of the joint legislative audit and review committee, who is a nonvoting member;

        (c) The chair of each of the two largest caucuses of the senate and the two largest caucuses of the house of representatives shall each appoint a member. None of these appointees may be members of the legislature; and

        (d) The governor shall select the seventh member.

        (3) Persons appointed by the caucus chairs should be individuals who represent a balance of perspectives and constituencies, and have a basic understanding of public records law, government operations, and information technology. These appointees should have knowledge and expertise in public records policy, public records access, public information, or closely related fields.

        (4) The committee shall select a chair from among its voting or nonvoting members. Decisions of the committee shall be made using the sufficient consensus model. For the purposes of this subsection, "sufficient consensus" means the point at which the majority of the committee favors taking a particular action. If the committee determines that sufficient consensus cannot be reached, a vote must be taken. The committee must allow a minority report to be included with a decision of the committee, if requested by a member of the committee.

        (5) Members serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term. In the case of the initial terms, however, the members appointed by the chairs of the senate caucuses shall serve four-year terms, the members appointed by the house of representatives caucuses shall serve three-year terms, and the member appointed by the governor shall serve a two-year term, with each of the terms expiring on June 30th of the applicable year. Appointees may reappointed to serve more than one term.

        (6) The joint legislative audit and review committee shall provide clerical, technical, and management personnel to the committee to serve as the committee's staff. In addition, the code reviser, the office of program research, the senate committee services, and the office of the attorney general shall provide support and information to the committee as the chair may request.

        (7) The committee shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the committee. The members of the committee shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.  


        NEW SECTION. Sec. 3. (1) The public records exemptions accountability committee shall develop a schedule to accomplish an orderly review of all exemptions to public disclosure at least once every four years. The committee shall determine the order of review of public disclosure exemptions.

        (2) The committee shall revise the schedule as needed each year, taking into account newly created or terminated public disclosure exemptions. The committee shall deliver the schedule to the joint legislative audit and review committee by July 1st of each year.

        (3) The committee shall provide a process for effective citizen input during its deliberations.


        NEW SECTION. Sec. 4. (1) The joint legislative audit and review committee shall review public disclosure exemptions according to the schedule developed under section 3 of this act. The committee shall consider, but not be limited to, the following factors in the review:

        (a) Public policy objectives that might provide a justification for the public disclosure exemption, including but not limited to, the legislative history, any legislative intent, or the extent to which the public disclosure exemption is warranted;

        (b) The individuals, organizations, or industries who are directly affected by the public disclosure exemption;

        (c) The extent to which the continuation of the public disclosure exemption might contribute to the public policy objectives;

        (d) The extent to which the public disclosure exemption may provide unintended benefits to an individual, organization, or industry other than those the legislature intended;

        (e) The extent to which terminating the public disclosure exemption may have negative effects on the group that currently benefits from the public disclosure exemption;

        (f) The feasibility of modifying the public disclosure exemption to provide for adjustment to continue the public policy of open government;

        (g) Impacts of the public disclosure exemption, including past impacts and expected future impacts if it is continued;

        (h) The extent to which termination of the public disclosure exemption would affect liability of the state; and

        (i) Consideration of similar public disclosure exemptions adopted or repealed in other states or by the federal government and potential public policy benefits that might be gained by taking corresponding action in Washington.

        (2) For each public disclosure exemption, the committee shall provide a recommendation as to whether the public disclosure exemption should be continued without modification, modified, scheduled for sunset review at a future date, or terminated immediately. The committee may recommend accountability standards for the future review of public disclosure exemptions.


        NEW SECTION. Sec. 5. (1) The joint legislative audit and review committee shall report its findings and recommendations for scheduled public disclosure exemptions to the public records exemptions accountability committee by October 30th of each year. The joint legislative audit and review committee may revise its report based on the comments, prepare a final report that includes the comments, and submit the final report to the house of representatives and the senate by November 30th.

        (2) Following receipt of a report under this section, the appropriate committees of the house of representatives and the senate shall jointly hold a public hearing to consider the final report and any related data.


        NEW SECTION. Sec. 6. By July 1, 2007, the code reviser shall provide the committee with a list of all exemptions from public disclosure in the revised code of Washington and those not codified in the order they have been enacted into law.


        NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 42.56 RCW."


        Correct the title.

 

Signed by Representatives Hunt, Chairman; Appleton, Vice Chairman; Chandler, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Green; Kretz; McDermott; Miloscia and Ormsby.


       Passed to Committee on Rules for second reading.


March 29, 2007

ESSB 5452   Prime Sponsor, Senate Committee On Human Services & Corrections: Providing for reunification after termination of parental rights. Reported by Committee on Early Learning & Children's Services

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. A new section is added to chapter 13.34 RCW to read as follows:

        (1) A child may petition the juvenile court to reinstate the previously terminated parental rights of his or her parent under the following circumstances:

        (a) The child must have been found to be a dependent child under this chapter;

        (b) The child must be at least twelve years of age at the time the petition to reinstate parental rights is filed;

        (c) At least three years have passed from the date of entry of an order for the termination of parental rights;

        (d) The child's permanent plan is adoption and the child has not been adopted;

        (e) The petition is signed by the child, unless the court finds good cause not to require the child's signature; and

        (f) The petition alleges facts demonstrating the parent is fit and that reinstatement of parental rights is in the best interest of the child.

        (2) Upon the filing of a petition to reinstate parental rights, the juvenile court shall order that a hearing be held. The court shall give prior notice, or cause prior notice to be given, to the department, the child's attorney, the child, the child's foster parent, and the child's tribe, if applicable. The court shall also order the department to give prior notice of the hearing to the child's former parent or parents whose parental rights were terminated and to any parent of the child whose parental rights were not terminated.

        (3) The juvenile court shall conditionally grant the petition if it finds the following by clear and convincing evidence:

         (a) The parental deficiencies which led to the termination of parental rights have been addressed to a degree that assures the court that the reinstatement of parental rights will not present a risk to the child's health, welfare, or safety;

        (b) The parent is currently able to care for the child such that placement of the child with the parent will not present a risk to the child's health, welfare, or safety;

        (c) The child is no longer likely to be adopted; and

        (d) That reinstatement of parental rights is in the child's best interest.

        (4)(a) If the court conditionally grants the petition under subsection (3) of this section, the case will be continued for one year. During this period, the child shall be placed in the custody of the parent. The department shall develop a permanency plan for the child reflecting the plan to be reunification. The department shall provide transition services to the family as appropriate. The court shall conduct a minimum of two review hearings to determine the status of the case and the well-being of the child.

        (b) If the child must be removed from the parent due to abuse or neglect allegations, the court shall dismiss the petition for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.

        (c) If the child has been successfully placed with the parent for one year, the court order reinstating parental rights remains in effect and the court shall dismiss the dependency if the court finds that dismissal of the dependency is in the best interests of the child and will not present a risk to the child's health, welfare, or safety.

        (5) A child seeking to petition under this section shall be provided counsel prior to the filing of the petition.

        (6) The child's former parent or parents have the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court after the petition for reinstatement of parental rights has been filed. Unless waived in court, counsel shall be provided to the child's parent if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency.

        (7) A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate the original termination of parental rights. An order granted under this section reinstates the parental rights to the child. This reinstatement is a recognition that the situation of the parent and child have changed since the time of the termination of parental rights and reunification is now appropriate.



        NEW SECTION. Sec. 2. This act is retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.


        Sec. 3. RCW 13.34.200 and 2003 c 227 s 7 are each amended to read as follows:

        (1) Upon the termination of parental rights pursuant to RCW 13.34.180, all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceedings concerning the child, except as provided in section 1 of this act: PROVIDED, That any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated. The rights of one parent may be terminated without affecting the rights of the other parent and the order shall so state.

        (2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States, nor shall any action under this chapter be deemed to affect any rights and benefits that an Indian child derives from the child's descent from a member of a federally recognized Indian tribe.

        (3) An order terminating the parent-child relationship shall include a statement addressing the status of the child's sibling relationships and the nature and extent of sibling placement, contact, or visits.


        NEW SECTION. Sec. 4. A new section is added to chapter 43.20A RCW to read as follows:

        The state, the department, and its employees or agents are not liable for civil damages resulting from any act or omission in the provision of child welfare or child protective services through the children's administration of the department of social and health services, unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists. This section does not create a cause of action against the state, the department, or its employees concerning the original termination.


        NEW SECTION. Sec. 5. Nothing in this act may be construed to limit the application of other statutes specifying a liability standard for the state's employees and agents."

 

Signed by Representatives Kagi, Chairman; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Appleton; Pettigrew and Roberts.


       Passed to Committee on Rules for second reading.


March 29, 2007

2SSB 5455   Prime Sponsor, Senate Committee On Ways & Means: Creating the community revitalization partnership pilot program. Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Pettigrew, Vice Chairman; Bailey, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Chase; Darneille; Haler; Rolfes and P. Sullivan.

 

Referred to Committee on Appropriations.


March 28, 2007

SSB 5511     Prime Sponsor, Senate Committee On Government Operations & Elections: Requiring state agencies to allow volunteer firefighters to respond when called to duty. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chairman; Appleton, Vice Chairman; Chandler, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Green; Kretz; McDermott; Miloscia and Ormsby.


       Passed to Committee on Rules for second reading.


March 29, 2007

E2SSB 5528        Prime Sponsor, Senate Committee On Ways & Means: Requiring a review of the essential academic learning requirements in mathematics. (REVISED FOR ENGROSSED: Requiring a revision of essential academic learning requirements and grade level expectations for mathematics.) Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; Barlow, Vice Chairman; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh; McDermott; Roach; Santos and P. Sullivan.

 

Referred to Committee on Appropriations.


March 28, 2007

SSB 5533     Prime Sponsor, Senate Committee On Human Services & Corrections: Revising procedures for individuals who are mentally ill and engaged in acts constituting criminal behavior. Reported by Committee on Human Services

 

MAJORITY recommendation: Do pass as amended.


        On page 2, line 8, after "unit" insert "as defined in RCW 71.05.020(6). Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours: PROVIDED, that they are examined by a mental health professional within three hours of their arrival"



        On page 4, line 4, after "by" strike "sections 4 and" and insert "section 4 or"


        On page 4, line 7, after "in" strike "sections 4 and" and insert "section 4 or"


        On page 4, beginning on line 10, after "evaluated" strike all material through "subsection" on line 11, and insert "for civil commitment proceedings"


        On page 5, line 3, after "act," insert "but in any event for a period of no longer than ninety days,"


        On page 26, line 10, after "chapter" strike "10.97" and insert "10.77"

 

Signed by Representatives Dickerson, Chairman; Roberts, Vice Chairman; Ahern, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Bailey; Darneille; McCoy and O'Brien.


       Passed to Committee on Rules for second reading.


March 28, 2007

ESSB 5550   Prime Sponsor, Senate Committee On Consumer Protection & Housing: Concerning real property. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


        On page 7, line 11, strike "eleven" and insert "twelve"


        On page 7, line 25, strike "and"


        On page 7, after line 27, insert the following:

        "(x) One representative of the Washington low income housing alliance; and"

 

Signed by Representatives Lantz, Chairman; Goodman, Vice Chairman; Flannigan; Kirby; Moeller; Pedersen and Williams.

 

MINORITY recommendation: Do not pass. Signed by Representatives Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ross.


       Passed to Committee on Rules for second reading.


March 28, 2007

SB 5561       Prime Sponsor, Senator Oemig: Allowing voter registration up to and on election day. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 29A.08.145 and 2006 c 97 s 2 are each amended to read as follows:

        This section establishes a special procedure which an elector not registered in the state may use to register to vote during the period beginning after the closing of registration for voting at the polls under RCW 29A.08.140 and ending on the ((fifteenth)) day ((before)) of a primary, special election, or general election. A qualified elector in the state may register to vote in person ((in the office of the county auditor of the county in which the applicant resides, or at a voter registration location specifically designated for this purpose by the county auditor or secretary of state)) at the county courthouse of the county in which the applicant resides, or at locations designated by the local county auditor or election official, and apply for ((an absentee)) a provisional ballot for that primary or election. The auditor or registration assistant shall register that individual in the manner provided in this chapter. The application for ((an absentee)) a provisional ballot executed by the newly registered voter for the primary or election that follows the execution of the registration shall be promptly transmitted to the auditor with the completed voter registration form.


        NEW SECTION. Sec. 2. A new section is added to chapter 29A.08 RCW to read as follows:

        If a voter registration application submitted pursuant to RCW 29A.08.145 is not complete under RCW 29A.08.110, or if the information on the voter registration application cannot be matched by the secretary of state pursuant to RCW 29A.08.107, and the deficiency or discrepancy has not been resolved prior to certification of the election, the ballot submitted by the applicant shall not be counted.


        Sec. 3. RCW 29A.08.820 and 2006 c 320 s 5 are each amended to read as follows:

        (1) Except for subsection (4) of this section, challenges initiated by a registered voter against a voter who registered to vote less than sixty days before the election, or who changed residence less than sixty days before the election without transferring his or her registration, must be filed not later than ten days before any primary or election, general or special, or within ten days of the voter being added to the voter registration data base, whichever is later, at the office of the appropriate county auditor. Challenges initiated by a registered voter against any other voter must be filed not later than forty-five days before the election. Challenges initiated by the office of the county prosecuting attorney must be filed in the same manner as challenges initiated by a registered voter.

        (2)(a) If the challenge is filed within forty-five days before an election at which the challenged voter is eligible to vote, a notation of the challenge must be made immediately in the poll book or voter registration system, and the county canvassing board presides over the hearing.

        (b) If the challenge is filed before the challenged voter's ballot is received, the ballot must be treated as a challenged ballot. A challenged ballot received at a polling place must be placed in a sealed envelope separate from other voted ballots.

        (c) If the challenge is filed after the challenged voter's ballot is received, the challenge cannot affect the current election.

        (3) If the challenge is filed at least forty-five days before an election at which the challenged voter is eligible to vote, the county auditor presides over the hearing.

        (4) Challenges initiated by a registered voter against a voter who registered to vote on or less than fourteen days before the day of the election must be filed at a time as prescribed in rules adopted by the secretary of state pursuant to RCW 29A.04.611.


        Sec. 4. RCW 29A.04.611 and 2006 c 207 s 1 and 2006 c 206 s 2 are each reenacted and amended to read as follows:

        The secretary of state as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures.

        In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules governing the following provisions:

        (1) The maintenance of voter registration records;

        (2) The preparation, maintenance, distribution, review, and filing of precinct maps;

        (3) Standards for the design, layout, and production of ballots;

        (4) The examination and testing of voting systems for certification;

        (5) The source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;

        (6) Standards and procedures for the acceptance testing of voting systems by counties;

        (7) Standards and procedures for testing the programming of vote tallying software for specific primaries and elections;

        (8) Standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where vote tallying systems are used;

        (9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;

        (10) Consistency among the counties of the state in the preparation of ballots, the operation of vote tallying systems, and the canvassing of primaries and elections;

        (11) Procedures to ensure the secrecy of a voter's ballot when a small number of ballots are counted at the polls or at a counting center;

        (12) The use of substitute devices or means of voting when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor regarding such circumstances;

        (13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;

        (14) The acceptance and filing of documents via electronic facsimile;

        (15) Voter registration applications and records;

        (16) The use of voter registration information in the conduct of elections;

        (17) The coordination, delivery, and processing of voter registration records accepted by driver licensing agents or the department of licensing;

        (18) The coordination, delivery, and processing of voter registration records accepted by agencies designated by the governor to provide voter registration services;

        (19) Procedures to receive and distribute voter registration applications by mail;

        (20) Procedures for a voter to change his or her voter registration address within a county by telephone;

        (21) Procedures for a voter to change the name under which he or she is registered to vote;

        (22) Procedures for canceling dual voter registration records and for maintaining records of persons whose voter registrations have been canceled;

        (23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the secretary of state;

        (24) Procedures and forms for declarations of candidacy;

        (25) Procedures and requirements for the acceptance and filing of declarations of candidacy by electronic means;

        (26) Procedures for the circumstance in which two or more candidates have a name similar in sound or spelling so as to cause confusion for the voter;

        (27) Filing for office;

        (28) The order of positions and offices on a ballot;

        (29) Sample ballots;

        (30) Independent evaluations of voting systems;

         (31) The testing, approval, and certification of voting systems;

        (32) The testing of vote tallying software programming;

        (33) Standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots, including standards for the approval and implementation of hardware and software for automated signature verification systems;

        (34) Standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;

        (35) Uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections;

        (36) Standards and procedures to accommodate out-of-state voters, overseas voters, and service voters;

        (37) The tabulation of paper ballots before the close of the polls;

        (38) The accessibility of polling places and registration facilities that are accessible to elderly and ((disabled persons)) individuals with disabilities;

        (39) The aggregation of precinct results if reporting the results of a single precinct could jeopardize the secrecy of a person's ballot;

        (40) Procedures for conducting a statutory recount;

        (41) Procedures for filling vacancies in congressional offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;

        (42) Procedures for the statistical sampling of signatures for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;

        (43) Standards and deadlines for submitting material to the office of the secretary of state for the voters' pamphlet;

        (44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been provided by the legislature;

        (45) Procedures for the publication of a state voters' pamphlet;

        (46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;

        (47) Procedures for conducting partisan primary elections;

         (48) Standards and procedures for the proper conduct of voting during the early voting period to provide accessability for the blind or visually impaired;

        (49) Standards for voting technology and systems used by the state or any political subdivision to be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as other voters;

        (50) All data formats for transferring voter registration data on electronic or machine-readable media for the purpose of administering the statewide voter registration list required by the Help America Vote Act (P.L. 107-252);

        (51) Defining the interaction of electronic voter registration election management systems employed by each county auditor to maintain a local copy of each county's portion of the official state list of registered voters;

        (52) Provisions and procedures to implement the state-based administrative complaint procedure as required by the Help America Vote Act (P.L. 107-252);

        (53) Facilitating the payment of local government grants to local government election officers or vendors; ((and))

        (54) Standards for the verification of signatures on absentee, mail, and provisional ballot envelopes; and

        (55) Provisions and procedures for voter registration challenges, consistent with the requirements of RCW 29A.08.810, of voters who register on or within fourteen days before a primary, special, or general election under RCW 29A.08.145."

 

Signed by Representatives Hunt, Chairman; Appleton, Vice Chairman; Green; McDermott; Miloscia and Ormsby.

 

MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Kretz.


       Passed to Committee on Rules for second reading.


March 28, 2007

SB 5640       Prime Sponsor, Senator Kauffman: Authorizing tribal governments to participate in public employees' benefits board programs. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chairman; Appleton, Vice Chairman; Green; McDermott; Miloscia and Ormsby.

 

MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Kretz.


       Passed to Committee on Rules for second reading.


March 29, 2007

SSB 5653     Prime Sponsor, Senate Committee On Economic Development, Trade & Management: Authorizing the development of self-employment assistance programs. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Green; Moeller and Williams.

 

MINORITY recommendation: Do not pass. Signed by Representatives Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse.

 

Referred to Committee on Appropriations.


March 28, 2007

ESB 5669     Prime Sponsor, Senator Holmquist: Requiring agencies to expedite decisions regarding the implementation of renewable fuel standards. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass as amended.


        On page 2, at the beginning of line 1, strike "license, permit, or approval requirements or"


        On page 2, line 2, after "WAC" insert ", or other license, permit, or approval requirements"

 

Signed by Representatives Morris, Chairman; McCoy, Vice Chairman; Crouse, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Eddy; Ericksen; Hankins; Hudgins; Hurst; Takko and Van De Wege.


       Passed to Committee on Rules for second reading.


March 27, 2007

SSB 5721     Prime Sponsor, Senate Committee On Labor, Commerce, Research & Development: Concerning financial arrangements involving sports/entertainment facility license holders. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 66.28.010 and 2006 c 330 s 28, 2006 c 92 s 1, and 2006 c 43 s 1 are each reenacted and amended to read as follows:

        (1)(a) No manufacturer, importer, distributor, or authorized representative, or person financially interested, directly or indirectly, in such business; whether resident or nonresident, shall have any financial interest, direct or indirect, in any licensed retail business, unless the retail business is owned by a corporation in which a manufacturer or importer has no direct stock ownership and there are no interlocking officers and directors, the retail license is held by a corporation that is not owned directly or indirectly by a manufacturer or importer, the sales of liquor are incidental to the primary activity of operating the property as a hotel, alcoholic beverages produced by the manufacturer or importer or their subsidiaries are not sold at the licensed premises, and the board reviews the ownership and proposed method of operation of all involved entities and determines that there will not be an unacceptable level of control or undue influence over the operation or the retail licensee; nor shall any manufacturer, importer, distributor, or authorized representative own any of the property upon which such licensed persons conduct their business; nor shall any such licensed person, under any arrangement whatsoever, conduct his or her business upon property in which any manufacturer, importer, distributor, or authorized representative has any interest unless title to that property is owned by a corporation in which a manufacturer has no direct stock ownership and there are no interlocking officers or directors, the retail license is held by a corporation that is not owned directly or indirectly by the manufacturer, the sales of liquor are incidental to the primary activity of operating the property either as a hotel or as an amphitheater offering live musical and similar live entertainment activities to the public, alcoholic beverages produced by the manufacturer or any of its subsidiaries are not sold at the licensed premises, and the board reviews the ownership and proposed method of operation of all involved entities and determines that there will not be an unacceptable level of control or undue influence over the operation of the retail licensee. Except as provided in subsection (3) of this section, no manufacturer, importer, distributor, or authorized representative shall advance moneys or moneys' worth to a licensed person under an arrangement, nor shall such licensed person receive, under an arrangement, an advance of moneys or moneys' worth. "Person" as used in this section only shall not include those state or federally chartered banks, state or federally chartered savings and loan associations, state or federally chartered mutual savings banks, or institutional investors which are not controlled directly or indirectly by a manufacturer, importer, distributor, or authorized representative as long as the bank, savings and loan association, or institutional investor does not influence or attempt to influence the purchasing practices of the retailer with respect to alcoholic beverages. Except as otherwise provided in this section, no manufacturer, importer, distributor, or authorized representative shall be eligible to receive or hold a retail license under this title, nor shall such manufacturer, importer, distributor, or authorized representative sell at retail any liquor as herein defined. A corporation granted an exemption under this subsection may use debt instruments issued in connection with financing construction or operations of its facilities.

        (b) Nothing in this section shall prohibit a licensed domestic brewery or microbrewery from being licensed as a retailer pursuant to chapter 66.24 RCW for the purpose of selling beer or wine at retail on the brewery premises and nothing in this section shall prohibit a domestic winery from being licensed as a retailer pursuant to chapter 66.24 RCW for the purpose of selling beer or wine at retail on the winery premises. Such beer and wine so sold at retail shall be subject to the taxes imposed by RCW 66.24.290 and 66.24.210 and to reporting and bonding requirements as prescribed by regulations adopted by the board pursuant to chapter 34.05 RCW, and beer and wine that is not produced by the brewery or winery shall be purchased from a licensed beer or wine distributor.

         (c) Nothing in this section shall prohibit a licensed distiller, domestic brewery, microbrewery, domestic winery, or a lessee of a licensed domestic brewer, microbrewery, or domestic winery, from being licensed as a spirits, beer, and wine restaurant pursuant to chapter 66.24 RCW for the purpose of selling liquor at a spirits, beer, and wine restaurant premises on the property on which the primary manufacturing facility of the licensed distiller, domestic brewer, microbrewery, or domestic winery is located or on contiguous property owned or leased by the licensed distiller, domestic brewer, microbrewery, or domestic winery as prescribed by rules adopted by the board pursuant to chapter 34.05 RCW.

        (d) Nothing in this section prohibits retail licensees with a caterer's endorsement issued under RCW 66.24.320 or 66.24.420 from operating on a domestic winery premises.

        (e) Nothing in this section prohibits an organization qualifying under RCW 66.24.375 formed for the purpose of constructing and operating a facility to promote Washington wines from holding retail licenses on the facility property or leasing all or any portion of such facility property to a retail licensee on the facility property if the members of the board of directors or officers of the board for the organization include officers, directors, owners, or employees of a licensed domestic winery. Financing for the construction of the facility must include both public and private money.

        (f) Nothing in this section prohibits a bona fide charitable nonprofit society or association registered as a 501(c)(3) under the internal revenue code and having an officer, director, owner, or employee of a licensed domestic winery or a wine certificate of approval holder on its board of directors from holding a special occasion license under RCW 66.24.380.

        (g) Nothing in this section prohibits domestic wineries and retailers licensed under chapter 66.24 RCW from jointly producing brochures and materials promoting tourism in Washington state which contain information regarding retail licensees, domestic wineries, and their products.

        (h) Nothing in this section prohibits domestic wineries and retail licensees from identifying the wineries on private labels authorized under RCW 66.24.400, 66.24.425, and 66.24.450.

         (i) Until July 1, 2007, nothing in this section prohibits a nonprofit statewide organization of microbreweries formed for the purpose of promoting Washington's craft beer industry as a trade association registered as a 501(c) with the internal revenue service from holding a special occasion license to conduct up to six beer festivals.

        (j) Nothing in this section shall prohibit a manufacturer, importer, or distributor from entering into an arrangement with any holder of a sports/entertainment facility license or an affiliated business for brand advertising at the licensed facility or promoting events held at the sports entertainment facility as authorized under RCW 66.24.570.

        (2) Financial interest, direct or indirect, as used in this section, shall include any interest, whether by stock ownership, mortgage, lien, or through interlocking directors, or otherwise. Pursuant to rules promulgated by the board in accordance with chapter 34.05 RCW manufacturers, distributors, and importers may perform, and retailers may accept the service of building, rotating and restocking case displays and stock room inventories; rotating and rearranging can and bottle displays of their own products; provide point of sale material and brand signs; price case goods of their own brands; and perform such similar normal business services as the board may by regulation prescribe.

        (3)(a) This section does not prohibit a manufacturer, importer, or distributor from providing services to a special occasion licensee for: (i) Installation of draft beer dispensing equipment or advertising, (ii) advertising, pouring, or dispensing of beer or wine at a beer or wine tasting exhibition or judging event, or (iii) a special occasion licensee from receiving any such services as may be provided by a manufacturer, importer, or distributor. Nothing in this section shall prohibit a retail licensee, or any person financially interested, directly or indirectly, in such a retail licensee from having a financial interest, direct or indirect, in a business which provides, for a compensation commensurate in value to the services provided, bottling, canning or other services to a manufacturer, so long as the retail licensee or person interested therein has no direct financial interest in or control of said manufacturer.

         (b) A person holding contractual rights to payment from selling a liquor distributor's business and transferring the license shall not be deemed to have a financial interest under this section if the person (i) lacks any ownership in or control of the distributor, (ii) is not employed by the distributor, and (iii) does not influence or attempt to influence liquor purchases by retail liquor licensees from the distributor.

        (c) The board shall adopt such rules as are deemed necessary to carry out the purposes and provisions of subsection (3)(a) of this section in accordance with the administrative procedure act, chapter 34.05 RCW.

        (4) A license issued under RCW 66.24.395 does not constitute a retail license for the purposes of this section.

        (5) A public house license issued under RCW 66.24.580 does not violate the provisions of this section as to a retailer having an interest directly or indirectly in a liquor-licensed manufacturer.


        Sec. 2. RCW 66.24.570 and 2003 c 345 s 3 are each amended to read as follows:

        (1) There is a license for sports entertainment facilities to be designated as a sports/entertainment facility license to sell beer, wine, and spirits at retail, for consumption upon the premises only, the license to be issued to the entity providing food and beverage service at a sports entertainment facility as defined in this section. The cost of the license is two thousand five hundred dollars per annum.

        (2) For purposes of this section, a sports entertainment facility includes a publicly or privately owned arena, coliseum, stadium, or facility where sporting events are presented for a price of admission. The facility does not have to be exclusively used for sporting events.

        (3) The board may impose reasonable requirements upon a licensee under this section, such as requirements for the availability of food and victuals including but not limited to hamburgers, sandwiches, salads, or other snack food. The board may also restrict the type of events at a sports entertainment facility at which beer, wine, and spirits may be served. When imposing conditions for a licensee, the board must consider the seating accommodations, eating facilities, and circulation patterns in such a facility, and other amenities available at a sports entertainment facility.

         (4)(a) The board may issue a caterer's endorsement to the license under this section to allow the licensee to remove from the liquor stocks at the licensed premises, for use as liquor for sale and service at event locations at a specified date and place not currently licensed by the board. If the event is open to the public, it must be sponsored by a society or organization as defined by RCW 66.24.375. If attendance at the event is limited to members or invited guests of the sponsoring individual, society, or organization, the requirement that the sponsor must be a society or organization as defined by RCW 66.24.375 is waived. Cost of the endorsement is three hundred fifty dollars.

        (b) The holder of this license with catering endorsement shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event. Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or organization that will be holding the function at which the endorsed license will be utilized.

        (5) The board may issue an endorsement to the beer, wine, and spirits sports/entertainment facility license that allows the holder of a beer, wine, and spirits sports/entertainment facility license to sell for off-premises consumption wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine. Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement under this section is one hundred twenty dollars.

        (6)(a) A licensee and an affiliated business may enter into arrangements with a manufacturer, importer, or distributor for brand advertising at the sports/entertainment facility or promotion of events held at the sports/entertainment facility, with a capacity of five thousand people or more. The financial arrangements providing for the brand advertising or promotion of events shall not be used as an inducement to purchase the products of the manufacturer, importer, or distributor entering into the arrangement nor shall it result in the exclusion of brands or products of other companies.

        (b) The arrangements allowed under this subsection (6) are an exception to arrangements prohibited under RCW 66.28.010. The board shall monitor the impacts of these arrangements. The board may conduct audits of the licensee and the affiliated business to determine compliance with this subsection (6). Audits may include but are not limited to product selection at the facility; purchase patterns of the licensee; contracts with the liquor manufacturer, importer, or distributor; and the amount allocated or used for liquor advertising by the licensee, affiliated business, manufacturer, importer, or distributor under the arrangements.

        (c) The board shall report to the appropriate committees of the legislature by December 30, 2008, and biennially thereafter, on the impacts of arrangements allowed between sports/entertainment licensees and liquor manufacturers, importers, and distributors for brand advertising and promotion of events at the facility."


        Correct the title.

 

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Green; Moeller and Williams.


       Passed to Committee on Rules for second reading.


March 29, 2007

2SSB 5743   Prime Sponsor, Senate Committee On Ways & Means: Linking economic clusters and quality management practices to customized training. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Wallace, Chairman; Sells, Vice Chairman; Anderson, Ranking Minority Member; Jarrett; Roberts and Sommers.

 

MINORITY recommendation: Do not pass. Signed by Representatives Hasegawa and McIntire.

 

Referred to Committee on Appropriations.


March 29, 2007

ESSB 5836   Prime Sponsor, Senate Committee On Government Operations & Elections: Addressing the timing of accrual of property tax revenues. (REVISED FOR ENGROSSED: Regarding the determination of boundaries for taxing districts.) Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 35.13.270 and 2001 c 299 s 2 are each amended to read as follows:

        (1) Whenever any territory is annexed to a city or town which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the city or town and by the city or town placed in the city or town street fund; except that road district taxes that are delinquent before the date of annexation shall be paid to the county and placed in the county road fund. ((This section shall))

        (2) When territory that is part of a fire district is annexed to a city or town, the following apply:

        (a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing city or town at times required by the county, but no less frequently than by July 10th for collections through June 30th and January 10th for collections through December 31st following the annexation; and

        (b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the fire district.

        (3) When territory that is part of a library district is annexed to a city or town, the following apply:

        (a) Library district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing city or town at times required by the county, but no less frequently than by July 10th for collections through June 30th and January 10th for collections through December 31st following the annexation; and

        (b) Library district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the library district.

        (4) Subsections (1) through (3) of this section do not apply to any special assessments due in behalf of such property.

        (5) If a city or town annexes property within a fire district or library district while any general obligation bond secured by the taxing authority of the district is outstanding, the bonded indebtedness of the fire district or library district remains an obligation of the taxable property annexed as if the annexation had not occurred.

        (6) The city or town is required to provide notification, by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor, and to the fire district and library district, as appropriate, at least thirty days before the effective date of the annexation. The county treasurer is only required to remit to the city or town those road taxes, fire district taxes, and library district taxes collected thirty days or more after receipt of the notification.

        (7)(a) In counties that do not have a boundary review board, the city or town shall provide notification to the fire district or library district of the jurisdiction's resolution approving the annexation. The notification required under this subsection must:

        (i) Be made by certified mail within seven days of the resolution approving the annexation; and

        (ii) Include a description of the annexed area.

        (b) In counties that have a boundary review board, the city or town shall provide notification of the proposed annexation to the fire district or library district simultaneously when notice of the proposed annexation is provided by the jurisdiction to the boundary review board under RCW 36.93.090.

        (8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) city and town notifications to fire and library districts do not apply if the city or town has been annexed to and is within the fire or library district when the city or town approves a resolution to annex unincorporated county territory.


        Sec. 2. RCW 35A.14.801 and 2001 c 299 s 3 are each amended to read as follows:

        (1) Whenever any territory is annexed to a code city which is part of a road district of the county and road district taxes have been levied but not collected on any property within the annexed territory, the same shall when collected by the county treasurer be paid to the code city and by the city placed in the city street fund; except that road district taxes that are delinquent before the date of annexation shall be paid to the county and placed in the county road fund. ((This section shall))

        (2) When territory that is part of a fire district is annexed to a code city, the following apply:

        (a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing code city at times required by the county, but no less frequently than by July 10th for collections through June 30th and January 10th for collections through December 31st following the annexation; and

        (b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the fire district.

        (3) When territory that is part of a library district is annexed to a code city, the following apply:

        (a) Library district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of the annexation shall, when collected, be paid to the annexing code city at times required by the county, but no less frequently than by July 10th for collections through June 30th and January 10th for collections through December 31st following the annexation; and

        (b) Library district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the annexation and the pro rata share of the current year levy budgeted for general obligation debt, when collected, shall be paid to the library district.

         (4) Subsections (1) through (3) of this section do not apply to any special assessments due in behalf of such property.

        (5) If a code city annexes property within a fire district or library district while any general obligation bond secured by the taxing authority of the district is outstanding, the bonded indebtedness of the fire district or library district remains an obligation of the taxable property annexed as if the annexation had not occurred.

        (6) The code city is required to provide notification, by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor, and to the fire district and library district, as appropriate, at least thirty days before the effective date of the annexation. The county treasurer is only required to remit to the code city those road taxes, fire district taxes, and library district taxes collected thirty or more days after receipt of the notification.

        (7)(a) In counties that do not have a boundary review board, the code city shall provide notification to the fire district or library district of the jurisdiction's resolution approving the annexation. The notification required under this subsection must:

        (i) Be made by certified mail within seven days of the resolution approving the annexation; and

        (ii) Include a description of the annexed area.

        (b) In counties that have a boundary review board, the code city shall provide notification of the proposed annexation to the fire district or library district simultaneously when notice of the proposed annexation is provided by the jurisdiction to the boundary review board under RCW 36.93.090.

        (8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) code city notifications to fire and library districts do not apply if the code city has been annexed to and is within the fire or library district when the code city approves a resolution to annex unincorporated county territory.


        Sec. 3. RCW 84.09.030 and 2004 c 129 s 19 are each amended to read as follows:

        Except as follows, the boundaries of counties, cities, and all other taxing districts, for purposes of property taxation and the levy of property taxes, shall be the established official boundaries of such districts existing on the first day of ((March)) August of the year in which the property tax levy is made.

        The official boundaries of a newly incorporated taxing district shall be established at a different date in the year in which the incorporation occurred as follows:

        (1) Boundaries for a newly incorporated city shall be established on the last day of March of the year in which the initial property tax levy is made, and the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was incorporated within its boundaries shall be altered as of this date to exclude this area, if the budget for the newly incorporated city is filed pursuant to RCW 84.52.020 and the levy request of the newly incorporated city is made pursuant to RCW 84.52.070. Whenever a proposed city incorporation is on the March special election ballot, the county auditor shall submit the legal description of the proposed city to the department of revenue on or before the first day of March;

        (2) Boundaries for a newly incorporated port district or regional fire protection service authority shall be established on the first day of October if the boundaries of the newly incorporated port district or regional fire protection service authority are coterminous with the boundaries of another taxing district or districts, as they existed on the first day of March of that year;

        (3) Boundaries of any other newly incorporated taxing district shall be established on the first day of June of the year in which the property tax levy is made if the taxing district has boundaries coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

        (4) Boundaries for a newly incorporated water-sewer district shall be established on the fifteenth of June of the year in which the proposition under RCW 57.04.050 authorizing a water district excess levy is approved.

        The boundaries of a taxing district shall be established on the first day of June if territory has been added to, or removed from, the taxing district after the first day of March of that year with boundaries coterminous with the boundaries of another taxing district as they existed on the first day of March of that year. However, the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was annexed to a city or town within its boundaries shall be altered as of this date to exclude this area. In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in such boundaries, is required by law to be filed in the office of the county auditor or other county official, said instrument shall be filed in triplicate. The officer with whom such instrument is filed shall transmit two copies to the county assessor.

        No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section."


        Correct the title.

 

Signed by Representatives Simpson, Chairman; Eddy, Vice Chairman; Curtis, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Ross; B. Sullivan and Takko.


       Passed to Committee on Rules for second reading.


March 29, 2007

2SSB 5955   Prime Sponsor, Senate Committee On Ways & Means: Regarding educator preparation, professional development, and compensation. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. A new section is added to chapter 28A.415 RCW to read as follows:

        SCHOOL DISTRICT LEADERSHIP ACADEMY. (1) Research supports the value of quality school and school district leadership. Effective leadership is critical to improving student learning and transforming underperforming schools and school districts into world-class learning centers.

        (2) A public-private partnership is established to develop, pilot, and implement the Washington state leadership academy to focus on the development and enhancement of personal leadership characteristics and the teaching of effective practices and skills demonstrated by school and district administrators who are successful managers and instructional leaders. It is the goal of the academy to provide state-of-the-art programs and services across the state.

        (3) Academy partners include the state superintendent and principal professional associations, private nonprofit foundations, institutions of higher education with approved educator preparation programs, the professional educator standards board, the office of the superintendent of public instruction, educational service districts, the state school business officers' association, and other entities identified by the partners. The partners shall designate an independent organization to act as the fiscal agent for the academy and shall establish a board of directors to oversee and direct the academy's finances, services, and programs. The academy shall be supported by a national research institution with demonstrated expertise in educational leadership.


        (4) Initial development of academy course content and activities shall be supported by private funds. Initial tasks of the academy are to:

         (a) Finalize a comprehensive design of the academy and the development of the curriculum frameworks for a comprehensive leadership development program that includes coursework, practicum, mentoring, and evaluation components;

        (b) Develop curriculum for individual leadership topics;

        (c) Pilot the curriculum and all program components; and

        (d) Modify the comprehensive design, curriculum coursework, practicum, and mentoring programs based on the research results gained from pilot activities.

        (5) The board of directors shall report semiannually to the superintendent of public instruction on the financial contributions provided by foundations and other organizations to support the work of the academy. The board of directors shall report by December 31st each year to the superintendent of public instruction on the programs and services provided, numbers of participants in the various academy activities, evaluation activities regarding program and participant outcomes, and plans for the academy's future development.

        (6) The board of directors shall make recommendations for changes in superintendent and principal preparation programs, the administrator licensure system, and continuing education requirements.


        NEW SECTION. Sec. 2. PROFESSIONAL EDUCATOR STANDARDS BOARD DUTIES. (1) The purpose of the duties in this section for the professional educator standards board is to take the next steps in developing quality teaching knowledge and skill in the state's teaching ranks. The duties build upon the current teacher development foundation that requires demonstrated teaching competency, requires evidence of positive impact on student learning, and focuses on furthering state kindergarten through twelfth grade learning goals through instructional skill alignment.

        (2) The professional educator standards board shall:

        (a) By December 2007:

        (i) Adopt new knowledge and skill standards that prepare all individuals seeking residency teacher certification to integrate mathematics across all content areas; and

        (ii) Adopt new certification requirements for individuals seeking residency teacher certification as elementary education or middle level and secondary mathematics teachers to assure adequate content and instructional strategy preparation to teach to the kindergarten through twelfth grades state mathematics and science standards;

        (b) By June 2009:

        (i) Set performance standards and develop, pilot, and implement a uniform and externally administered professional-level certification assessment based on demonstrated teaching skill. In the development of this assessment, consideration shall be given to changes in professional certification program components such as the culminating seminar;

        (ii) Summarize its work in the development of the assessment in (b)(i) of this subsection in the annual reports required by RCW 28A.410.240; and

        (iii) Review and revise the standards for higher education teacher preparation programs to incorporate updated practices to enhance teacher success in a knowledge and skill-based performance system that emphasizes strong content, applied learning, and personal, meaningful connections with students; and

        (c) By December 2009, review and revise as needed teacher preparation standards and requirements to focus on diversity in cultural knowledge and respect.


        NEW SECTION. Sec. 3. Sections 3 through 7 of this act represent core components of a comprehensive initiative to improve mathematics, science, and targeted secondary reading education and achievement through educator professional development and support. The initiative focuses on:

        (1) A regional delivery system to provide professional development and support to schools and school districts through the educational service districts;

        (2) A tiered support system that provides resources, services, assistance, and intervention for schools and districts, depending on their levels of need;

        (3) Leveraging existing public and private resources and district-initiated activities; and

        (4) Accountability through outcome-oriented performance agreements, contracts, reporting, and data collection.


        NEW SECTION. Sec. 4. (1) The mathematics, science, and targeted secondary reading improvement initiative shall provide the capacity and resources for the superintendent of public instruction, educational service districts, school districts, and schools to conduct a broad range of activities, depending on the level of need and priority of the school or district. The focus of the initiative is on building and enhancing the quality of mathematics and science instruction.

        (2) Activities supported by the initiative include, but are not limited to:

        (a) Targeted professional development in content knowledge, content-specific pedagogy, differentiated instruction, effective teaching strategies, learning modules, and mathematics and science standards and curriculum;

        (b) Use and analysis of diagnostic assessments and other data on student achievement to improve instruction;

        (c) Curriculum alignment and development or purchase of supplemental materials;

        (d) Integration of technology; and

        (e) Mentors and instructional coaches.


        NEW SECTION. Sec. 5. In support of the mathematics, science, and targeted secondary reading improvement initiative, the office of the superintendent of public instruction shall:

        (1) Create a partnership with the educational service districts to develop and deliver professional development learning opportunities for educators that fulfill the goals and address the specific targeted activities described in this section. The partnership shall:

        (a) Support school districts by providing professional development leadership, courses, and consultation services to school districts in their implementation of the professional development activities described in sections 3 through 7 of this act; and

        (b) Support one another in the delivery of state-level and regional-level professional development activities such as state conferences and regional accountability institutes;

        (2) Enter into a performance agreement with each educational service district to clearly articulate partner responsibilities and assure fidelity for the delivery of professional development initiatives including job-embedded practices. Components of such performance agreements shall include:

        (a) Participation in the development of various professional development workshops, programs, and activities;


        (b) Characteristics and qualifications of professional development staff supported by the program;

        (c) Methods to ensure consistent delivery of professional development services; and

        (d) Reporting responsibilities related to services provided, program participation, outcomes, and recommendations for service improvement;

        (3) In collaboration with the educational service districts, develop a methodology for distributing funds appropriated for activities under the tiered support system in section 6 of this act among the educational service districts and among the three tiers of support. The methodology shall take into account the anticipated demand and need for services by school districts in each tier and the size of those school districts. The methodology shall also reflect a higher priority and greater need for support and resources for schools and districts in tier three;

        (4) Develop guidelines for educational service districts in administering grants, developing district improvement agreements, and implementing intensive intervention and support services. The guidelines shall not require all educational service districts to follow the same procedures in all circumstances, but shall ensure general equity for school districts across the state in how the districts may access resources under the initiative and the activities and services that are provided by the educational service districts;

        (5) Identify the schools and school districts eligible for tier three intensive intervention and support, based on low student performance in mathematics and science. The superintendent shall consider whether the school has the capacity to feasibly integrate additional resources with any existing state or federal improvement funds. To the maximum extent possible, the identification of and the intensive intervention services provided to tier three schools and districts shall align with the accountability plan developed by the state board of education; and

         (6) In collaboration with the educational service districts, develop guidelines and a common reporting format for collecting data and information about the activities and outcomes under the initiative and designate one or more common diagnostic assessments for districts to use in reporting and monitoring student achievement.


        NEW SECTION. Sec. 6. Resources for the mathematics, science, and targeted secondary reading improvement initiative shall be provided through the office of the superintendent of public instruction and educational service districts to schools and school districts based on a tiered support system. The legislature's intent is that resources from the mathematics, science, and targeted secondary reading improvement initiative are provided over a four-year period.

        (1) Tier one: Initiative grants. School districts may apply on a competitive basis to their educational service district for grants to support activities to improve mathematics, science, and secondary reading instruction. A district may contract with the educational service district for services, use the grant for district-initiated activities, or both. Tier one districts must demonstrate how district resources and resources from public-private partnerships shall be used to leverage the grant funds. Tier one grant recipients must identify measurable outcomes from the activities supported by the grant and report results in a prescribed format, including student achievement data from designated diagnostic assessments.

        (2) Tier two: Improvement agreements. School districts may work with the office of the superintendent of public instruction and educational service districts to plan, develop, and implement a mathematics, science, and targeted secondary reading improvement initiative tailored to the needs of the district. The office of the superintendent of public instruction, the educational service district, and the school district shall develop a joint agreement that identifies the services and support to be provided by the educational service district, the activities to be conducted by the district using improvement agreement funds, and the expected measurable outcomes from the activities. Recipients of funds under a tier two improvement agreement must report results of the activities supported by the agreement in a prescribed format, including student achievement data from designated diagnostic assessments.

         (3) Tier three: Intensive intervention and support. School districts and schools with low student performance in mathematics, science, and/or secondary reading as identified by the superintendent of public instruction under section 5 of this act are eligible for intensive intervention and support coordinated by the office of the superintendent of public instruction and/or the educational service district. School districts or individual schools may receive tier three support. Recipients of funds under tier three support must:

        (a) Participate in an audit of the mathematics, science, and secondary reading instructional delivery system, including policies and practices, curriculum alignment, teacher pedagogy and content knowledge, and assessment of overall climate and practice compared to best practices;

        (b) Develop, with assistance from the educational service district, a school or district intervention plan that focuses on areas of highest need and provides intensive professional development in those areas;

        (c) Participate in professional development using the services of a technical assistance team that includes a trained and experienced facilitator and mathematics, science, or reading instructional coaches to provide job-embedded professional development; and

        (d) Identify measurable outcomes from the activities supported by the grant and report results in a prescribed format, including student achievement data from designated diagnostic assessments.


        NEW SECTION. Sec. 7. (1) Educational service districts shall coordinate with the superintendent of public instruction to develop and maintain the capacity to provide administrative, professional development, technical assistance, and intervention services under the mathematics, science, and targeted secondary reading improvement initiative to support school districts as required under section 6 of this act, including:

        (a) Administering, reviewing, and monitoring grants for tier one grant recipients and providing contracted services;

        (b) Developing, administering, and monitoring tier two improvement agreements and providing support and services under the terms of the agreements; and

        (c) Coordinating and providing the intensive intervention and support for tier three schools and districts, including the instructional audit, intervention plan, and intervention team.

        (2) Educational service districts shall also:

        (a) Develop public-private partnerships and seek external grants and funds to leverage the state resources provided to support the mathematics and science improvement initiative;

        (b) Collect, compile, and disseminate data and information about the activities and outcomes under the initiative, including student achievement data from designated diagnostic assessments; and

        (c) Develop appropriate reporting and monitoring procedures to ensure accountability for the use of funds distributed to school districts through the tiered support system and for the achievement of desired outcomes.



        Sec. 8. RCW 28A.310.350 and 1977 ex.s. c 283 s 10 are each amended to read as follows:

        The basic core services and cost upon which educational service districts are budgeted shall include, but not be limited to, the following:

        (1) Educational service district administration and facilities such as office space, maintenance and utilities;

        (2) Cooperative administrative services such as assistance in carrying out procedures to abolish sex and race bias in school programs, fiscal services, grants management services, special education services and transportation services;

        (3) Personnel services such as certification/registration services;

        (4) Learning resource services such as audio visual aids;

        (5) Cooperative curriculum services such as health promotion and health education services, in-service training, workshops and assessment; ((and))

        (6) Professional development services identified by statute or the omnibus appropriations act; and

        (7) Special needs of local education agencies.


        NEW SECTION. Sec. 9. RCW 28A.300.350 (Excellence in mathematics training program) and 1999 c 347 s 2 are each repealed.


        NEW SECTION. Sec. 10. Sections 3 through 7 of this act are each added to chapter 28A.415 RCW under the subchapter heading "mathematics, science, and targeted secondary reading improvement initiative."


        Sec. 11. RCW 28A.415.200 and 1989 c 146 s 1 are each amended to read as follows:

        The legislature finds that it is important to have a teaching force that reflects the rich diversity of the students served in the public schools. A diverse and culturally competent teaching force provides a unique social, emotional, and academic learning environment for a diverse student body. The legislature further finds that certain groups, as characterized by ethnic background, are traditionally underrepresented in the teaching profession in the state of Washington and that the ethnic diversity of the student population in the state of Washington is increasing. ((The legislature intends to increase the number of people from underrepresented groups entering our teaching force.)) The legislature further finds that Washington lacks a systemic and strategic recruitment approach to increasing diversity among educators. Additional steps must be taken to increase the number of diverse high school students who seek to enter the teaching profession, especially in teacher shortage areas and among multilingual, multicultural students.


        NEW SECTION. Sec. 12. A new section is added to chapter 28A.415 RCW to read as follows:

        (1) The recruiting diverse Washington teachers program is established to recruit and provide training and support for diverse high school students to enter the teaching profession, especially in teacher shortage areas and among multilingual, multicultural students. The program shall be administered by the professional educator standards board.

        (2) The program shall consist of the following components:

        (a) Targeted recruitment of diverse students, especially multilingual, multicultural students in grades nine through twelve through outreach and communication strategies. The focus of recruitment efforts shall be on encouraging students to consider and explore becoming future teachers in mathematics, science, bilingual education, special education, and English as a second language;

         (b) A curriculum that provides future teachers with opportunities to observe classroom instruction at all grade levels; includes preteaching internships at all grade levels with a focus on shortage areas; and covers such topics as lesson planning, learning styles, student learning data and information, the achievement gap, cultural competency, and education policy;

        (c) Academic and community support services for students to help them overcome possible barriers to becoming future teachers, such as supplemental tutoring; advising on college readiness, applications, and financial aid processes; and mentoring; and

        (d) Future teacher camps held on college campuses where students can attend workshops and interact with college faculty and current teachers.

        (3) As part of its administration of the program, the professional educator standards board shall:

        (a) Develop the curriculum and program guidelines in consultation with an advisory group of teachers, representatives of teacher preparation programs, teacher candidates, students, and representatives of diverse communities;

        (b) Subject to funds appropriated for this purpose, allocate grant funds through a competitive process to partnerships of high schools, teacher preparation programs, and community-based organizations to design and deliver programs that include the components under subsection (2) of this section; and

        (c) Conduct an evaluation of the effectiveness of current strategies and programs for recruiting diverse teachers, especially multilingual, multicultural teachers, in Washington and in other states. The board shall use the findings from the evaluation to revise the recruiting diverse Washington teachers program as necessary and make other recommendations to teacher preparation programs or the legislature.


        NEW SECTION. Sec. 13. RCW 28A.415.205 (Minority teacher recruitment program) and 2005 c 497 s 211, 1991 c 238 s 75, & 1989 c 146 s 2 are each repealed.


        NEW SECTION. Sec. 14. Captions used in this act are not any part of the law."


         Correct the title.

 

Signed by Representatives Quall, Chairman; Barlow, Vice Chairman; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh; McDermott; Roach; Santos and P. Sullivan.

 

Referred to Committee on Appropriations.


March 28, 2007

SSB 6011     Prime Sponsor, Senate Committee On Water, Energy & Telecommunications: Creating the Maury Island aquatic reserve. Reported by Committee on Select Committee on Puget Sound

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:



        "NEW SECTION. Sec. 1. A new section is added to chapter 79.105 RCW under the subchapter heading "other management provisions" to read as follows:

        (1) There is created the Maury Island aquatic reserve. The reserve encompasses only state-owned tidelands and bedlands, except that the department may include tidelands or shorelands contiguous to state aquatic lands where the owner provides written permission for inclusion of such lands in the reserve and states in writing an intent to sell or donate the lands to the state in the future. The commissioner may expand the reserve by administrative order designating additional contiguous state-owned tidelands and bedlands, or by accepting written permission by the owner of contiguous aquatic lands, where the commissioner determines the lands in the designation or private owner permission meet one or more of the following characteristics:

        (a) The lands have been identified as having high priority for conservation, natural systems, wildlife, and low-impact public use values;

        (b) The lands have flora, fauna, geological, recreational, archaeological, cultural, scenic, or similar features of critical importance and have retained to some degree or reestablished its natural character;

        (c) The lands provide significant examples of native ecological communities; and

        (d) The lands have significant sites or features threatened with conversion to incompatible uses.

        (2) The Maury Island aquatic reserve shall include the lands designated by administrative order under subsection (1) of this section, and the tidelands and bedlands surrounding Maury Island and including Quartermaster Harbor in King county, as described in this subsection:

        The tidelands and bedlands of navigable waters, owned by the state of Washington, described as follows:

        Those tidelands and bedlands surrounding Maury Island, which are fronting and abutting Section 14, Sections 20-23, inclusively, and Sections 28-32, inclusively, Township 22 North, Range 3 East, W.M.;

        Together with, those tidelands and bedlands lying westerly of said Maury Island which are fronting and abutting only those portions of Sections 9 and 16, which are fronting on Quartermaster Harbor, Township 22 North, Range 3 East, W.M.;

        Together with, those tidelands and bedlands lying southerly of said Maury Island, which are fronting and abutting Sections 5 and 6, Township 21 North, Range 3 East, W.M.; and said reserve extends waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward;

        Those tidelands and bedlands lying southerly and easterly of Vashon Island, which are fronting and abutting Section 1, Township 21 North, Range 2 East, W.M.;

        Together with, those tidelands and bedlands lying easterly of said Vashon Island, which are fronting and abutting Sections 24, 25, and 36, Township 22 North, Range 2 East, W.M.;

        Together with, those tidelands and bedlands lying easterly of said Vashon Island, which are fronting and abutting Sections 17-20, inclusively, Township 22 North, Range 3 East, W.M.;

        Together with, those tidelands and bedlands lying southerly and westerly of said Vashon Island, which are fronting and abutting only those portions of Section 8, which is fronting on Quartermaster Harbor, Township 22 North, Range 3 East, W.M.; and said reserve extends waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward.

        (3) The department shall manage the Maury Island aquatic reserve primarily for the achievement of the following goals:

        (a) To conserve native habitats and associated plant and wildlife species, with a special emphasis upon forage fish, salmonids, and migratory birds;

        (b) To protect and restore the functions and natural processes of nearshore ecosystems in support of the natural resources of the reserve;

        (c) To promote stewardship of riparian and aquatic habitats and species by providing education and outreach opportunities and promoting coordination with other resource managers; and

        (d) To provide for low-impact public uses including recreation uses and improvements that do not adversely affect the resource values, are appropriate to the maintenance of the lands in a relatively unmodified natural setting, and do not detract from long-term ecological processes.

        (4) The department shall develop a management plan for the aquatic reserve, and may incorporate an existing management plan and policies previously adopted for the lands where consistent with the management guidance of this section. The plan must identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public uses. The plan must specify what types of management activities and public uses are permitted, consistent with the conservation purposes of this chapter. The department shall make the plan available for review and comment by the public and other state, tribal, and local agencies, prior to final approval by the commissioner.

        (5)(a) Until November 1, 2007, the department shall not authorize any portion of the Maury Island aquatic reserve for industrial uses or for transportation of materials from a surface mine or mining operation as defined under RCW 78.44.031 or other industrial activities, and may not authorize the construction of docks or other improvements associated with these uses.

        (b) Nothing in this section shall preclude any landowner from initiating, continuing, or completing a land use permitting process for aquatic lands or uplands affected by this section either before or after November 1, 2007.

        (c) After November 1, 2007, the department may authorize portions of the Maury Island aquatic reserve for industrial uses or for transportation of materials from a surface mine or mining operation and may authorize the construction of docks or other improvements associated with these uses only if the commissioner publishes formal findings in the Washington State Register that:

        (i) The proposed uses are fully permitted under all applicable federal, state, and local laws;

        (ii) There is an identified market demand for the mineral resources located on the uplands adjacent to the Maury Island aquatic reserve that cannot be reasonably accessed or transported in quantities necessary to satisfy the demand without the construction of a dock or other improvements;

        (iii) There is not an existing portion of state-owned uplands containing a comparable mineral resource with a significantly equitable value to any mineral resources existing on upland parcels adjacent to the Maury Island aquatic reserve, that is located in an area that would allow for the extraction and waterborne transportation of the minerals in a manner that provides less risk to the health of the state's aquatic environment than extraction and transportation from the uplands adjacent to the Maury Island aquatic reserve would create; and


        (iv) The commissioner conducts at least one hearing on either Vashon or Maury Island where the public can express concerns or make recommendations.


        Sec. 2. RCW 79.105.210 and 2005 c 155 s 143 are each amended to read as follows:

        (1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in state-owned aquatic land planning and in resolving conflicts between competing lease applications. In cases of conflict between water-dependent uses, priority shall be given to uses which enhance renewable resources, water-borne commerce, and the navigational and biological capacity of the waters, and to statewide interests as distinguished from local interests.

        (2) Nonwater-dependent use of state-owned aquatic lands is a low-priority use providing minimal public benefits and shall not be permitted to expand or be established in new areas except in exceptional circumstances where it is compatible with water-dependent uses occurring in or planned for the area.

         (3) The department shall consider the natural values of state-owned aquatic lands as wildlife habitat, natural area preserve, representative ecosystem, or spawning area prior to issuing any initial lease or authorizing any change in use. The department may withhold from leasing lands which it finds to have significant natural values, or may provide within any lease for the protection of such values.

        (4) The power to lease state-owned aquatic lands is vested in the department, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.105 through 79.140 RCW. Leases, easements, licenses, permits, rights-of-way, and any other agreements allowing use of state-owned aquatic lands designated as an aquatic reserve under section 1 of this act must conform with the management criteria expressed in chapters 79.105 through 79.140 RCW and with section 1 of this act.

        (5) State-owned aquatic lands shall not be leased to persons or organizations which discriminate on the basis of race, color, creed, religion, sex, age, or physical or mental handicap.


        NEW SECTION. Sec. 3. (1) It is the intent of the legislature that the creation of the Maury Island aquatic reserve will not have a net impact on the availability of construction material resources or an economic impact on any private sector mineral operation. It is the intent of the legislature, expressed through the implementation of this section, for any existing mineral-extraction operations affected by the creation of the Maury Island aquatic reserve to be offered compensation in the form of an opportunity to transfer title of their land to the state in exchange for land elsewhere with an equal or greater extractable mineral resource.

        (2)(a) By August 1, 2007, the department of natural resources shall identify a portion of state-owned uplands containing a mineral resource with a significantly equitable value to any mineral resources existing on upland parcels adjacent to the Maury Island aquatic reserve created in section 1 of this act, that is located in an area that would allow for the extraction and transportation of the minerals in a manner that provides less risk to the health of the state's aquatic environment than extraction and transportation from the uplands adjacent to the Maury Island aquatic reserve would create.

         (b) In order to gather the information necessary to implement this section, the department of natural resources shall work with the owner or owners of the mineral resources existing on upland parcels adjacent to the Maury Island aquatic reserve to allow the department of natural resources to conduct an estimate of the value of the mineral resources present.

        (3) Within three months of the identification of a comparable mineral resource under this section, the department of natural resources shall, through any authorities, programs, or management options available to it, make a good faith offer to transfer the ownership of the identified parcel to the owner or owners of the mineral resources existing on upland parcels adjacent to the Maury Island aquatic reserve in exchange for the transfer to the state of ownership of the mineral resources existing on upland parcels adjacent to the Maury Island aquatic reserve.

        (4) Any land transferred into state ownership under this section must be managed in accordance with the trust status originally applicable to the land for which ownership was transferred to the former owner or owners of the mineral resources existing on upland parcels adjacent to the Maury Island aquatic reserve. If this management status is not appropriate for holding the upland parcels adjacent to the Maury Island aquatic reserve in a conservation status, then the department of natural resources shall pursue and prioritize all available options to transfer the land into a state-owned landholding status appropriate for conservation management.

        (5) When the transfer of the identified parcel to the owner or owners of the mineral resources existing on upland parcels adjacent to the Maury Island aquatic reserve has been completed, all state agencies and local subdivisions of the state shall provide a coordinated and expedited permitting process to assist the owners or owners of the transferred parcel in permitting a mineral extraction project on the transferred parcel. The office of regulatory assistance is responsible for overseeing and ensuring that the permitting process is coordinated and expedited.

        (6) The department of natural resources shall report to the appropriate committees of the legislature by December 31, 2008, as to the details of the land transfer completed under this section.


        NEW SECTION. Sec. 4. The department shall prioritize expenditures, within existing appropriations for the 2005-2007 and the 2007-2009 fiscal bienniums, from the resource management cost account to implement this act.


        NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


        Correct the title.

 

Signed by Representatives Upthegrove, Chairman; Eickmeyer, Vice Chairman; Sump, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; O'Brien; Pearson; Rolfes and Springer.


       Passed to Committee on Rules for second reading.


March 29, 2007

SB 6014       Prime Sponsor, Senator Swecker: Authorizing industrial development on reclaimed surface coal mine sites. Reported by Committee on Local Government

 


MAJORITY recommendation: Do pass. Signed by Representatives Simpson, Chairman; Eddy, Vice Chairman; Curtis, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Ross; B. Sullivan and Takko.


       Passed to Committee on Rules for second reading.


March 28, 2007

ESB 6128     Prime Sponsor, Senator Keiser: Requiring the naming of the person or persons authorized to make expenditures on behalf of a candidate or committee. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass as amended.


        On page 5, beginning on line 1, strike all of subsection (ix) and insert the following:

        "(ix) The performance of ministerial functions by a person on behalf of two or more candidates or political committees either as volunteer services defined in subsection (15)(b)(vi) of this section or for payment by the candidate or political committee for whom the services are performed as long as:

        (A) Only ministerial functions as defined by the commission in rule are performed;

        (B) A person who is paid by two or more candidates or political committees is identified by the candidates and political committees on whose behalf services are performed as part of their respective statements of organization under RCW 42.17.040; and

        (C) The person does not disclose, except as required by law, any information regarding a candidate's or committee's plans, projects, activities, or needs, or regarding a candidate's or committee's contributions or expenditures that are not already publicly available from campaign reports filed with the commission, or otherwise engage in activity that constitutes a contribution under subsection (15)(a)(ii) of this section."


        On page 12, beginning on line 33, strike all of subsection (k) and insert the following:

        "(k) The name, address, and title of any person who directs expenditures and the name, address, and title of any person who is paid to perform ministerial functions on behalf of two or more candidates or committees."

 

Signed by Representatives Hunt, Chairman; Appleton, Vice Chairman; Green; McDermott and Ormsby.

 

MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Armstrong, Assistant Ranking Minority Member; Kretz and Miloscia.


       Passed to Committee on Rules for second reading.


March 29, 2007

SSB 5002     Prime Sponsor, Senate Committee On Higher Education: Changing tuition waivers for families of fallen veterans and national guard members. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


        On page 3, after line 8, insert the following:

        "(6) Required waivers of all tuition and fees under subsection (4) of this section shall not affect permissive waivers of tuition and fees under subsection (3) of this section."


        Renumber the remaining subsections consecutively and correct any internal references accordingly.

 

Signed by Representatives Wallace, Chairman; Sells, Vice Chairman; Anderson, Ranking Minority Member; Buri, Assistant Ranking Minority Member; Hasegawa; Jarrett; McIntire; Roberts and Sommers.


       Passed to Committee on Rules for second reading.


March 29, 2007

ESSB 5040   Prime Sponsor, Senate Committee On Higher Education: Creating a survivors' endowed scholarship program. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


        On page 3, line 25, after "act;" insert "and"


        On page 3, beginning on line 28, after "act" strike all material through "program" on line 30


        On page 3, beginning on line 32, after "committee" strike all material through "recipients" on line 34, and insert ". The purpose of the advisory committee is to solicit grants and donations from public and private sources for the program, to assist in program design, and to assist in developing criteria for the screening and selection of scholarship recipients"

 

Signed by Representatives Wallace, Chairman; Sells, Vice Chairman; Anderson, Ranking Minority Member; Buri, Assistant Ranking Minority Member; Hasegawa; Jarrett; McIntire; Roberts and Sommers.

 

Referred to Committee on Appropriations.


March 28, 2007

SSB 5074     Prime Sponsor, Senate Committee On Water, Energy & Telecommunications: Dividing water resource inventory area 29 into WRIA 29a and WRIA 29b. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.



        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 90.82.060 and 2003 c 328 s 1 are each amended to read as follows:

        (1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA area; and (b) determine how best to manage the water resources of the WRIA or multi-WRIA area to balance the competing resource demands for that area within the parameters under RCW 90.82.120.

        (2)(a) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence of: (((a))) (i) All counties within the WRIA; (((b))) (ii) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (((c))) (iii) the water supply utility obtaining the largest quantity of water from the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utility obtaining from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed.

        (b) For purposes of this chapter, WRIA 40 shall be divided such that the portion of the WRIA located entirely within the Stemilt and Squilchuck subbasins shall be considered WRIA 40a and the remaining portion shall be considered WRIA 40b. Planning may be conducted separately for WRIA 40a and 40b. WRIA 40a shall be eligible for one-fourth of the funding available for a single WRIA, and WRIA 40b shall be eligible for three-fourths of the funding available for a single WRIA.

        (c) For purposes of this chapter, WRIA 29 shall be divided such that the portion of the WRIA located entirely within the White Salmon subbasin and the subbasins east thereof shall be considered WRIA 29b and the remaining portion shall be considered WRIA 29a. Planning may be conducted separately for WRIA 29a and 29b. WRIA 29a shall be eligible for one-half of the funding available for a single WRIA and WRIA 29b shall be eligible for one-half of the funding available for a single WRIA.

        (3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water in each WRIA.

        (4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they shall invite all tribes with reservation lands within the management area.

        (5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept the invitation, constitute the initiating governments for the purposes of this section.

        (6) The organizing grant shall be used to organize the planning unit and to determine the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The scope of planning must include water quantity elements as provided in RCW 90.82.070, and may include water quality elements as contained in RCW 90.82.090, habitat elements as contained in RCW 90.82.100, and instream flow elements as contained in RCW 90.82.080. The initiating governments shall work with state government, other local governments within the management area, and affected tribal governments, in developing a planning process. The initiating governments may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall provide for representation of a wide range of water resource interests.

         (7) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation on the planning unit, state agencies may organize and agree upon their representation on the planning unit. Such technical assistance must only be at the request of and to the extent desired by the planning unit conducting such planning. The number of state agency representatives on the planning unit shall be determined by the initiating governments in consultation with the governor's office.

        (8) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants for developing a watershed plan."


        Correct the title.

 

Signed by Representatives B. Sullivan, Chairman; Blake, Vice Chairman; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Dickerson; Eickmeyer; Grant; Hailey; Kagi; McCoy; Newhouse; Orcutt; Strow and Van De Wege.


       Passed to Committee on Rules for second reading.


March 28, 2007

SB 5084       Prime Sponsor, Senator Murray: Updating rail transit safety plan provisions to comply with federal regulation. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended.


        On page 2, line 29, after "(1)" strike "(((d)))" and insert "(d)"


        On page 4, line 2, after "(1)" strike "(((d)))" and insert "(d)"


        On page 5, line 14, after "(1)" strike "(((d)))" and insert "(d)"


        On page 6, line 28, after "(1)" strike "((d)))" and insert "(d)"


        On page 8, line 4, after "(1)" strike "(((d)))" and insert "(d)"


        On page 9, line 16, after "(1)" strike "(((d)))" and insert "(d)"


        On page 9, line 35, after "in" strike "((subsection (1)(d) of))" and insert "subsection (1)(d) of"


        On page 11, line 23, after "department's" insert "direct"


        On page 11, line 24, after "associated" insert "only"


        On page 11, line 26, after "section" insert ", and the fee shall not be a flat fee but shall be imposed on each owner and operator in proportion to the effort expended by the department in relation to individual plans."

 

Signed by Representatives Clibborn, Chairman; Flannigan, Vice Chairman; Jarrett, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Armstrong; Campbell; Curtis; Dickerson; Eddy; Ericksen; Hailey; Hankins; Hudgins; Kristiansen; Lovick; Rodne; Rolfes; Simpson; Springer; B. Sullivan; Takko; Upthegrove; Wallace and Wood.


       Passed to Committee on Rules for second reading.


March 28, 2007

SSB 5087     Prime Sponsor, Senate Committee On Transportation: Addressing Washington state compliance with the federal REAL ID Act of 2005. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chairman; Flannigan, Vice Chairman; Jarrett, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Armstrong; Campbell; Curtis; Dickerson; Eddy; Ericksen; Hailey; Hankins; Hudgins; Kristiansen; Lovick; Rodne; Rolfes; Simpson; Springer; B. Sullivan; Takko; Upthegrove; Wallace and Wood.


       Passed to Committee on Rules for second reading.


March 28, 2007

SB 5088       Prime Sponsor, Senator Haugen: Regulating ferry queues. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chairman; Flannigan, Vice Chairman; Jarrett, Ranking Minority Member; Appleton; Armstrong; Campbell; Dickerson; Eddy; Hailey; Hankins; Lovick; Rodne; Simpson; Springer; B. Sullivan; Takko; Upthegrove; Wallace and Wood.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schindler, Assistant Ranking Minority Member; Curtis; Ericksen; Hudgins; Kristiansen and Rolfes.


       Passed to Committee on Rules for second reading.


March 29, 2007

2SSB 5090   Prime Sponsor, Senate Committee On Ways & Means: Promoting innovation partnership zones. Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. Washington is home to some of the world's most innovative companies, researchers, entrepreneurs, and workers. Talent and creativity exist in all areas of Washington, but economic experience around the world shows that economic impact can be particularly large where talent and resources are densely concentrated. All over the world, small, specific areas are becoming focal points for economic change and leadership. These areas have name recognition, attract some of the best talent, and provide a strong sense of community among the people who work there. Washington is home to some of these areas now and needs to have more of them in the future. It is the intent of the legislature that Washington support the identification and promotion of innovation partnership zones to advance Washington's position in the world economy. Washington is a national leader in economic strategy based on clusters of industries, promoting the connections among firms, suppliers, customers, and public resources. Washington's innovation partnership zone strategy is an extension of that policy to promote research-based firms and industries in specific areas that become globally recognized as hubs of innovation and expertise.


        NEW SECTION. Sec. 2. A new section is added to chapter 43.330 RCW to read as follows:

        (1) The director shall designate innovation partnership zones on the basis of the following criteria:

        (a) Innovation partnership zones must have three types of institutions operating within their boundaries, or show evidence of planning and local partnerships that will lead to dense concentrations of these institutions:

         (i) Research capacity in the form of a university or community college fostering commercially valuable research, nonprofit institutions creating commercially applicable innovations, or a national laboratory;

        (ii) Dense proximity of globally competitive firms in a research-based industry or industries or of individual firms with innovation strategies linked to (a)(i) of this subsection. A globally competitive firm may be signified through international organization for standardization 9000 or 1400 certification, or other recognized evidence of international success; and

        (iii) Training capacity either within the zone or readily accessible to the zone. The training capacity requirement may be met by the same institution as the research capacity requirement, to the extent both are associated with an educational institution in the proposed zone.

        (b) The support of a local jurisdiction, a research institution, an educational institution, an industry or cluster association, a workforce development council, and an associate development organization, port, or chamber of commerce;

        (c) Identifiable boundaries for the zone within which the applicant will concentrate efforts to connect innovative researchers, entrepreneurs, investors, industry associations or clusters, and training providers. The geographic area defined should lend itself to a distinct identity and have the capacity to accommodate firm growth;

        (d) The innovation partnership zone administrator must be an economic development council, port, workforce development council, city, or county.

        (2) On October 1st of each year, the director shall designate innovation partnership zones on the basis of applications that meet the legislative criteria, estimated economic impact of the zone, and evidence of forward planning for the zone. The director will designate an innovation partnership zone administrator in the local area.

        (3) Innovation partnership zones are eligible for funds and other resources as provided by the legislature or at the discretion of the governor.

        (4) If the innovation partnership zone meets the other requirements of the fund sources, then the zone is eligible for the following funds relating to:

         (a) The local infrastructure financing tools program;

        (b) The sales and use tax for public facilities in rural counties; and

        (c) Job skills.

        (5) An innovation partnership zone shall be designated as a zone for a four-year period. At the end of the four-year period, the zone must reapply for the designation through the department.

        (6) The department shall convene annual information sharing events for innovation partnership zone administrators and other interested parties.

        (7) An innovation partnership zone shall provide performance measures as required by the director, including but not limited to private investment measures, job creation measures, and measures of innovation such as licensing of ideas in research institutions, patents, or other recognized measures of innovation. The Washington state economic development commission may review annually the individual innovation partnership zone's performance measures.


        NEW SECTION. Sec. 3. (1) The department of community, trade, and economic development, in conjunction with the Washington state economic development commission, shall conduct an innovation opportunity analysis to identify: (a) The strongest current intellectual assets and research teams in the state focused on emerging technologies and their commercialization, and (b) faculty and researchers that could increase their focus on commercialization of technology if provided the appropriate technical assistance and resources. The inventory must be completed by June 30, 2008.

        (2) Based on its findings and analysis, and in conjunction with the higher education coordinating board and research institutions, the department of community, trade, and economic development must develop a plan to build on existing, and develop new, intellectual assets and innovation research teams in the state in research areas where there is a high potential to commercialize technologies. The department of community, trade, and economic development shall present the plan to the governor and legislature by September 1, 2008.


        Sec. 4. RCW 39.102.070 and 2006 c 181 s 205 are each amended to read as follows:

        The use of local infrastructure financing under this chapter is subject to the following conditions:

        (1) No funds may be used to finance, design, acquire, construct, equip, operate, maintain, remodel, repair, or reequip public facilities funded with taxes collected under RCW 82.14.048;

        (2)(a) Except as provided in (b) of this subsection no funds may be used for public improvements other than projects identified within the capital facilities, utilities, housing, or transportation element of a comprehensive plan required under chapter 36.70A RCW;

        (b) Funds may be used for public improvements that are historical preservation activities as defined in RCW 39.89.020;

        (c) Funds may be used for innovation partnership zones, as provided under section 2 of this act;

        (3) The public improvements proposed to be financed in whole or in part using local infrastructure financing are expected to encourage private development within the revenue development area and to increase the fair market value of real property within the revenue development area;

        (4) A sponsoring local government, participating local government, or participating taxing district has entered or expects to enter into a contract with a private developer relating to the development of private improvements within the revenue development area or has received a letter of intent from a private developer relating to the developer's plans for the development of private improvements within the revenue development area;

        (5) Private development that is anticipated to occur within the revenue development area, as a result of the public improvements, will be consistent with the county-wide planning policy adopted by the county under RCW 36.70A.210 and the local government's comprehensive plan and development regulations adopted under chapter 36.70A RCW;

        (6) The governing body of the sponsoring local government, and any cosponsoring local government, must make a finding that local infrastructure financing:

        (a) Is not expected to be used for the purpose of relocating a business from outside the revenue development area, but within this state, into the revenue development area; and

        (b) Will improve the viability of existing business entities within the revenue development area;

         (7) The governing body of the sponsoring local government, and any cosponsoring local government, finds that the public improvements proposed to be financed in whole or in part using local infrastructure financing are reasonably likely to:

        (a) Increase private residential and commercial investment within the revenue development area;

        (b) Increase employment within the revenue development area;

        (c) Improve the viability of any existing communities that are based on mixed-use development within the revenue development area; and

        (d) Generate, over the period of time that the local option sales and use tax will be imposed under RCW 82.14.475, state excise tax allocation revenues and state property tax allocation revenues derived from the revenue development area that are equal to or greater than the respective state contributions made under this chapter;

        (8) The sponsoring local government may only use local infrastructure financing in areas deemed in need of economic development or redevelopment within boundaries of the sponsoring local government.


        Sec. 5. RCW 82.14.370 and 2004 c 130 s 2 are each amended to read as follows:

        (1) The legislative authority of a rural county may impose a sales and use tax in accordance with the terms of this chapter. The tax is in addition to other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax shall not exceed 0.08 percent of the selling price in the case of a sales tax or value of the article used in the case of a use tax, except that for rural counties with population densities between sixty and one hundred persons per square mile, the rate shall not exceed 0.04 percent before January 1, 2000.

        (2) The tax imposed under subsection (1) of this section shall be deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW. The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county.


        (3)(a) Moneys collected under this section shall only be used to finance public facilities serving economic development purposes in rural counties or for innovation partnership zones, as provided under section 2 of this act. The public facility must be listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county's comprehensive plan, or the comprehensive plan of a city or town located within the county for those counties planning under RCW 36.70A.040. For those counties that do not have an adopted overall economic development plan and do not plan under the growth management act, the public facility must be listed in the county's capital facilities plan or the capital facilities plan of a city or town located within the county.

        (b) In implementing this section, the county shall consult with cities, towns, and port districts located within the county and the associate development organization serving the county to ensure that the expenditure meets the goals of chapter 130, Laws of 2004 and the requirements of (a) of this subsection. Each county collecting money under this section shall report to the office of the state auditor, no later than October 1st of each year, a list of new projects from the prior fiscal year, showing that the county has used the funds for those projects consistent with the goals of chapter 130, Laws of 2004 and the requirements of (a) of this subsection. Any projects financed prior to June 10, 2004, from the proceeds of obligations to which the tax imposed under subsection (1) of this section has been pledged shall not be deemed to be new projects under this subsection.

        (c) For the purposes of this section, (i) "public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington; and (ii) "economic development purposes" means those purposes which facilitate the creation or retention of businesses and jobs in a county.

        (4) No tax may be collected under this section before July 1, 1998. No tax may be collected under this section by a county more than twenty-five years after the date that a tax is first imposed under this section.

        (5) For purposes of this section, "rural county" means a county with a population density of less than one hundred persons per square mile or a county smaller than two hundred twenty-five square miles as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.


        NEW SECTION. Sec. 6. A new section is added to chapter 43.330 RCW to read as follows:

        (1) The Washington state economic development commission shall, with the advice of an innovation partnership advisory group selected by the commission, have oversight responsibility for the implementation of the state's efforts to further innovation partnerships throughout the state. The commission shall:

        (a) Provide information and advice to the department of community, trade, and economic development to assist in the implementation of the innovation partnership zone program, including criteria to be used in the selection of grant applicants for funding;

        (b) Document clusters of companies throughout the state that have comparative competitive advantage or the potential for comparative competitive advantage, using the process and criteria for identifying strategic clusters developed by the working group specified in subsection (2) of this section;

        (c) Conduct an innovation opportunity analysis to identify (i) the strongest current intellectual assets and research teams in the state focused on emerging technologies and their commercialization, and (ii) faculty and researchers that could increase their focus on commercialization of technology if provided the appropriate technical assistance and resources;

        (d) Based on its findings and analysis, and in conjunction with the higher education coordinating board and research institutions:

        (i) Develop a plan to build on existing, and develop new, intellectual assets and innovation research teams in the state in research areas where there is a high potential to commercialize technologies. The commission shall present the plan to the governor and legislature by December 31, 2007. The higher education coordinating board shall be responsible for implementing the plan in conjunction with the publicly funded research institutions in the state. The plan shall address the following elements and such other elements as the commission deems important:

         (A) Specific mechanisms to support, enhance, or develop innovation research teams and strengthen their research and commercialization capacity in areas identified as useful to strategic clusters and innovative firms in the state;

        (B) Identification of the funding necessary for laboratory infrastructure needed to house innovation research teams;

        (C) Specification of the most promising research areas meriting enhanced resources and recruitment of significant entrepreneurial researchers to join or lead innovation research teams;

        (D) The most productive approaches to take in the recruitment, in the identified promising research areas, of a minimum of ten significant entrepreneurial researchers over the next ten years to join or lead innovation research teams;

        (E) Steps to take in solicitation of private sector support for the recruitment of entrepreneurial researchers and the commercialization activity of innovation research teams; and

        (F) Mechanisms for ensuring the location of innovation research teams in innovation partnership zones;

        (ii) Provide direction for the development of comprehensive entrepreneurial assistance programs at research institutions. The programs may involve multidisciplinary students, faculty, entrepreneurial researchers, entrepreneurs, and investors in building business models and evolving business plans around innovative ideas. The programs may provide technical assistance and the support of an entrepreneur-in-residence to innovation research teams and offer entrepreneurial training to faculty, researchers, undergraduates, and graduate students. Curriculum leading to a certificate in entrepreneurship may also be offered;

        (e) Develop performance measures to be used in evaluating the performance of innovation research teams, the implementation of the plan and programs under (d)(i) and (ii) of this subsection, and the performance of innovation partnership zone grant recipients, including but not limited to private investment measures, business initiation measures, job creation measures, and measures of innovation such as licensing of ideas in research institutions, patents, or other recognized measures of innovation. The performance measures developed shall be consistent with the economic development commission's comprehensive plan for economic development and its standards and metrics for program evaluation. The commission shall report to the legislature and the governor by December 31, 2008, on the measures developed; and

        (f) Using the performance measures developed, perform a biennial assessment and report, the first of which shall be due December 31, 2012, on:


        (i) Commercialization of technologies developed at state universities, found at other research institutions in the state, and facilitated with public assistance at existing companies;

        (ii) Outcomes of the funding of innovation research teams and recruitment of significant entrepreneurial researchers;

        (iii) Comparison with other states of Washington's outcomes from the innovation research teams and efforts to recruit significant entrepreneurial researchers; and

        (iv) Outcomes of the grants for innovation partnership zones.

The report shall include recommendations for modifications of this act and of state commercialization efforts that would enhance the state's economic competitiveness.

        (2) The economic development commission and the workforce training and education coordinating board shall jointly convene a working group to:

        (a) Specify the process and criteria for identification of substate geographic concentrations of firms or employment in an industry and the industry's customers, suppliers, supporting businesses, and institutions, which process will include the use of labor market information from the employment security department and local labor markets; and

        (b) Establish criteria for identifying strategic clusters which are important to economic prosperity in the state, considering cluster size, growth rate, and wage levels among other factors.


        NEW SECTION. Sec. 7. If specific funding for the purposes of section 6 of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.


        NEW SECTION. Sec. 8. Section 4 of this act expires June 30, 2039."


         Correct the title.

 

Signed by Representatives Kenney, Chairman; Pettigrew, Vice Chairman; Bailey, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Chase; Darneille; Haler; Rolfes and P. Sullivan.

 

Referred to Committee on Appropriations.


March 29, 2007

2SSB 5092   Prime Sponsor, Senate Committee On Ways & Means: Revising provisions for contracts with associate development organizations for economic development services. Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The legislature intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and increase local economic development service effectiveness, efficiency, and outcomes.


        Sec. 2. RCW 43.330.080 and 1997 c 60 s 1 are each amended to read as follows:

        (((1))) The department shall contract with associate development organizations ((or other local organizations)) to increase the support for and coordination of community and economic development services in communities or regional areas. The organizations contracted with in each community or regional area shall be broadly representative of community and economic interests. The organization shall be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives. The contracting organization shall work with and include local governments, local chambers of commerce, ((private industry)) workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups. The ((department shall be responsible for determining the)) scope of services delivered under these contracts((.

         (2) Associate development organizations or other local development organizations contracted with shall promote and coordinate, through local service agreements with local governments, small business development centers, port districts, community and technical colleges, private industry councils, and other development organizations, for the efficient delivery of community and economic development services in their areas.

        (3) The department shall consult with associate development organizations, port districts, local governments, and other local development organizations in the establishment of service delivery regions throughout the state. The legislature encourages local associate development organizations to form partnerships with other associate development organizations in their region to combine resources for better access to available services, to encourage regional delivery of state services, and to build the local capacity of communities in the region more effectively.

        (4) The department shall contract on a regional basis for surveys of key sectors of the regional economy and the coordination of technical assistance to businesses and employees within the key sectors. The department's selection of contracting organizations or consortiums shall be based on the sufficiency of the organization's or consortium's proposal to examine key sectors of the local economy within its region adequately and its ability to coordinate the delivery of services required by businesses within the targeted sectors. Organizations contracting with the department shall work closely with the department to examine the local economy and to develop strategies to focus on developing key sectors that show potential for long-term sustainable growth. The contracting organization shall survey businesses and employees in targeted sectors on a periodic basis to gather information on the sector's business needs, expansion plans, relocation decisions, training needs, potential layoffs, financing needs, availability of financing, and other appropriate information about economic trends and specific employer and employee needs in the region.

        (5))) shall include two broad areas of work:


        (1) Direct assistance, including business planning, to companies who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance includes:

         (a) Partnering with local governments, workforce development organizations, port districts, export assistance providers, local colleges and universities, the Washington state quality award council, the Washington manufacturing service, and small business development centers to facilitate the alignment of planning efforts and the seamless delivery of business support services in the county;

        (b) Providing information on state and local permitting processes, tax issues, and other essential information for operating and expanding an existing business or locating a new business in Washington;

        (c) Marketing the county and the state as an excellent location to expand or locate a business, in coordination with the department's marketing efforts;

        (d) The development of a countywide economic development plan consistent with the state comprehensive plan for economic development developed by the state economic development commission;

        (e) Developing and executing regional plans to attract companies from out of state and to increase direct foreign investment;

        (f) Identifying gaps in the delivery of business start-up assistance and coordinating efforts with local assistance providers to fill the gaps;

        (g) Responding to inquiries regarding sites available for development, and assisting in site location and selection; and

        (h) Collecting and maintaining data as specified by the state economic development commission for use in program and system evaluation; and

        (2) Support for regional economic research and regional planning efforts to implement target industry strategies and other economic development strategies that support increased living standards throughout Washington. Activities include:

        (a) Participation in regional planning efforts involving combined strategies around workforce development and economic development policies and programs. The contracting organization shall participate with the workforce training and education coordinating board as created in chapter 28C.18 RCW, and any regional entities designated by that board, in providing for the coordination of job skills training within its region; and

        (b) Collecting and reporting local and regional economic information, as specified by the Washington economic development commission, to inform local, regional, and statewide strategic decisions regarding business development policy and economic development aspects of growth management act planning as well as program evaluation. In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information.


        NEW SECTION. Sec. 3. (1) Contracting associate development organizations shall provide the department with measures of their performance. Annual reports shall include information on the impact of the contracting organization on employment, wages, tax revenue, and capital investment. Specific measures shall be developed in the contracting process between the department and the contracting organization every two years. Performance measures should be consistent across regions to allow for statewide evaluation.

        (2)(a) The department and contracting organizations shall agree upon specific target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds and actual performance shall occur annually.

        (b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of the agreed measures shall develop remediation plans to address performance gaps. The remediation plans shall include revised performance thresholds specifically chosen to provide evidence of progress in making the identified service changes.

        (c) Contracts and state funding shall be terminated for one year for organizations that fail to achieve the agreed upon progress toward improved performance defined under (b) of this subsection. During the year in which termination for nonperformance is in effect, organizations shall review alternative delivery strategies to include reorganization of the contracting organization, merging of previous efforts with existing region