NINETY-THIRD DAY

 

MORNING SESSION

Senate Chamber, Olympia, Tuesday, April 10, 2007

 

      The Senate was called to order at 9:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Benton, Holmquist, Kauffman, Pflug, Rasmussen and Sheldon.

      The Sergeant at Arms Color Guard consisting of Pages Alexandra Hendricks-Hockey and Michelle Velasquez, presented the Colors. Reverend Warren Freeman, Jr. of the Allen African Methodist Episcopal Church offered the prayer.

 

MOTION

 

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

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 9, 2007

 

MR. PRESIDENT:

The House has passed the following bills:

      SECOND SUBSTITUTE SENATE BILL NO. 5114,

and the same is herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 9, 2007

 

MR. PRESIDENT:

The House has passed the following bills:

      SENATE BILL NO. 5206,

      SUBSTITUTE SENATE BILL NO. 5219,

      SUBSTITUTE SENATE BILL NO. 5225,

      SUBSTITUTE SENATE BILL NO. 5258,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 9, 2007

MR. PRESIDENT:

The House has passed the following bills:

      SUBSTITUTE SENATE BILL NO. 5244,

      SUBSTITUTE SENATE BILL NO. 5475,

      SUBSTITUTE SENATE BILL NO. 5483,

      SENATE BILL NO. 5613,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8012,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

MOTION

 

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

 


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Franklin moved that Gubernatorial Appointment No. 9103, Roosevelt Currie, as Chief Administrative Law Judge, Administrative Hearings Office, be confirmed.

      Senator Franklin spoke in favor of the motion.

 

MOTION

 

On motion of Senator Brandland, Senators Benton, Holmquist, Pflug and Roach were excused.

 

MOTION

 

On motion of Senator Regala, Senators Kauffman and Sheldon were excused.

 

APPOINTMENT OF ROOSEVELT CURRIE

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9103, Roosevelt Currie as Chief Administrative Law Judge, Administrative Hearings Office.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9103, Roosevelt Currie as Chief Administrative Law Judge, Administrative Hearings Office and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Honeyford, Jacobsen, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schoesler, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 43

      Absent: Senator Rasmussen - 1

      Excused: Senators Benton, Holmquist, Kauffman, Pflug and Sheldon - 5

Gubernatorial Appointment No. 9103, Roosevelt Currie, having received the constitutional majority was declared confirmed as Chief Administrative Law Judge, Administrative Hearings Office.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hatfield moved that Gubernatorial Appointment No. 9189, Thuy Vo, as a member of the Board of Trustees, Lower Columbia College District No. 13, be confirmed.

      Senator Hatfield spoke in favor of the motion.

 

MOTION

 

On motion of Senator Regala, Senator Rasmussen was excused.

 

APPOINTMENT OF THUY VO

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9189, Thuy Vo as a member of the Board of Trustees, Lower Columbia College District No. 13.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9189, Thuy Vo as a member of the Board of Trustees, Lower Columbia College District No. 13 and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

      Voting yea: Senators Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schoesler, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 43

      Absent: Senator Carrell - 1

      Excused: Senators Benton, Kauffman, Pflug, Rasmussen and Sheldon - 5

Gubernatorial Appointment No. 9189, Thuy Vo, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Lower Columbia College District No. 13.

 

MOTION

 

      On motion of Senator Brandland, Senator Carrell was excused.

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1980, by House Committee on Appropriations (originally sponsored by Representatives Kelley, Santos, Ormsby, Roach and Morrell)

 

      Regarding the financial literacy public-private partnership.

 

      The measure was read the second time.

 

MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Early Learning & K-12 Education be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28A.300.455 and 2005 c 277 s 2 are each amended to read as follows:

      (1) By September 30, 2004, the financial literacy public-private partnership shall adopt a definition of financial literacy to be used in educational efforts.

      (2) By June 30, ((2006)) 2009, the financial literacy public-private partnership shall identify strategies to increase the financial literacy of public school students in our state. To the extent funds are available, strategies to be considered by the partnership shall include, but not be limited to:

      (a) Identifying and making available to school districts:

      (i) Important financial literacy skills and knowledge;

      (ii) Ways in which teachers at different grade levels may integrate financial literacy in mathematics, social studies, and other course content areas;

      (iii) Instructional materials and programs, including schoolwide programs, that include the important financial literacy skills and knowledge;

      (iv) Assessments and other outcome measures that schools and communities may use to determine whether students are financially literate; and

      (v) Other strategies for expanding and increasing the quality of financial literacy instruction in public schools, including professional development for teachers;

      (b) Developing a structure and set of operating principles for the financial literacy public-private partnership to assist interested school districts in improving the financial literacy of their students by providing such things as financial literacy instructional materials and professional development; and


      (c) Providing a report to the governor, the house and senate financial institutions and education committees of the legislature, the superintendent of public instruction, the state board of education, and education stakeholder groups, on the results of work of the financial literacy public-private partnership. ((A final)) An interim report shall be submitted to the same parties by June 30, 2007, with a final report by June 30, 2009.

      Sec. 2. RCW 28A.300.460 and 2004 c 247 s 5 are each amended to read as follows:

      The task of the financial literacy public-private partnership is to seek out and determine the best methods of equipping students with the knowledge and skills they need, before they become self-supporting, in order for them to make critical decisions regarding their personal finances. The components of personal financial literacy examined shall include, at a minimum, consumer financial education, personal finance, and personal credit. The partnership shall identify the types of outcome measures expected from participating districts and students, in accordance with the definitions and outcomes developed under RCW 28A.300.455.

      NEW SECTION. Sec. 3. A new section is added to chapter 28A.230 RCW to read as follows:

      (1) To the extent funds are appropriated or are available for this purpose, the superintendent of public instruction and other members of the partnership created in RCW 28A.300.455 shall make available to school districts the list of identified financial literacy skills and knowledge, instructional materials, assessments, and other relevant information.

      (2) Each school district is encouraged to provide its students with an opportunity to master the financial literacy skills and knowledge developed under RCW 28A.300.460.

      (3) For the purposes of RCW 28A.300.455, 28A.300.460, and this section, it is not necessary to evaluate and apply the office of the superintendent of public instruction essential academic learning requirements or to develop grade level expectations.

      Sec. 4. RCW 28A.300.470 and 2004 c 247 s 7 are each amended to read as follows:

      The financial literacy public-private partnership expires June 30, ((2007)) 2009.

      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."

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning & K-12 Education to Second Substitute House Bill No. 1980.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "partnership;" strike the remainder of the title and insert "amending RCW 28A.300.455, 28A.300.460, and 28A.300.470; adding a new section to chapter 28A.230 RCW; and declaring an emergency."

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Second Substitute House Bill No. 1980 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Holmquist spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1980 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1980 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 45

      Excused: Senators Carrell, Kauffman, Pflug and Sheldon - 4

      SECOND SUBSTITUTE HOUSE BILL NO. 1980 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2300, by House Committee on Higher Education (originally sponsored by Representatives Hasegawa, Jarrett, Wallace, B. Sullivan, Kenney, Hunter, Goodman, Dunshee, Chase, Ormsby, Kelley, Simpson and Blake)

 

      Concerning college textbooks.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Shin, the rules were suspended, Substitute House Bill No. 2300 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Shin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2300.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2300 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 45

      Excused: Senators Carrell, Kauffman, Pflug and Sheldon - 4

      SUBSTITUTE HOUSE BILL NO. 2300, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 2055, by House Committee on Appropriations (originally sponsored by Representatives Flannigan, Ahern, McCoy, Ormsby and Santos)

 

      Concerning traumatic brain injuries.


 

      The measure was read the second time.

 

MOTION

 

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The center for disease control estimates that at least five million three hundred thousand Americans, approximately two percent of the United States population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a traumatic brain injury. Each year approximately one million four hundred thousand people in this country, including children, sustain traumatic brain injuries as a result of a variety of causes including falls, motor vehicle injuries, being struck by an object, or as a result of an assault and other violent crimes, including domestic violence. Additionally, there are significant numbers of veterans who sustain traumatic brain injuries as a result of their service in the military.

      Traumatic brain injury can cause a wide range of functional changes affecting thinking, sensation, language, or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age. The impact of a traumatic brain injury on the individual and family can be devastating.

      The legislature recognizes that current programs and services are not funded or designed to address the diverse needs of this population. It is the intent of the legislature to develop a comprehensive plan to help individuals with traumatic brain injuries meet their needs. The legislature also recognizes the efforts of many in the private sector who are providing services and assistance to individuals with traumatic brain injuries. The legislature intends to bring together those in both the public and private sectors with expertise in this area to address the needs of this growing population.

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

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

      (2) "Department of health" means the Washington state department of health created pursuant to RCW 43.70.020.

      (3) "Secretary" means the secretary of social and health services.

      (4) "Traumatic brain injury" means injury to the brain caused by physical trauma resulting from, but not limited to, incidents involving motor vehicles, sporting events, falls, and physical assaults. Documentation of traumatic brain injury shall be based on adequate medical history, neurological examination, mental status testing, or neuropsychological evaluation. A traumatic brain injury shall be of sufficient severity to result in impairments in one or more of the following areas: Cognition; language memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; or information processing. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

      (5) "Traumatic brain injury account" means the account established under section 7 of this act.

      (6) "Council" means the Washington traumatic brain injury strategic partnership advisory council created under section 3 of this act.

      NEW SECTION. Sec. 3. (1) The Washington traumatic brain injury strategic partnership advisory council is established as an advisory council to the governor, the legislature, and the secretary of the department of social and health services.

      (2) The council shall be composed of the following members who shall be appointed by the governor:

      (a) The secretary or the secretary's designee, and representatives from the following: Children's administration, mental health division, aging and disability services administration, and vocational rehabilitation;

      (b) The executive director of a state brain injury association;

      (c) A representative from a nonprofit organization serving individuals with traumatic brain injury;

       (d) The secretary of the department of health or the secretary's designee;

      (e) The secretary of the department of corrections or the secretary's designee;

      (f) A representative of the department of community, trade, and economic development;

      (g) A representative from an organization serving veterans;

      (h) A representative from the national guard;

      (i) A representative of a Native American tribe located in Washington;

      (j) The executive director of the Washington protection and advocacy system;

      (k) A neurologist who has experience working with individuals with traumatic brain injuries;

      (l) A neuropsychologist who has experience working with persons with traumatic brain injuries;

      (m) A social worker or clinical psychologist who has experience in working with persons who have sustained traumatic brain injuries;

      (n) A rehabilitation specialist, such as a speech pathologist, vocational rehabilitation counselor, occupational therapist, or physical therapist who has experience working with persons with traumatic brain injuries;

      (o) Two persons who are individuals with a traumatic brain injury;

      (p) Two persons who are family members of individuals with traumatic brain injuries; and

      (q) Two members of the public who have experience with issues related to the causes of traumatic brain injuries.

      (3) Council members shall not be compensated for serving on the council, but may be reimbursed for all reasonable expenses related to costs incurred in participating in meetings for the council.

      (4) Initial appointments to the council shall be made by July 30, 2007. The terms of appointed council members shall be three years, except that the terms of the appointed members who are initially appointed shall be staggered by the governor to end as follows:

      (a) Four members on June 30, 2008;

      (b) Three members on June 30, 2009; and

      (c) Three members on June 30, 2010.

      (5) No member may serve more than two consecutive terms.

       (6) The appointed members of the council shall, to the extent possible, represent rural and urban areas of the state.

      (7) A chairperson shall be elected every two years by majority vote from among the council members. The chairperson shall act as the presiding officer of the council.

      (8) The duties of the council include:

      (a) Collaborating with the department to develop a comprehensive statewide plan to address the needs of individuals with traumatic brain injuries;

      (b) By November 1, 2007, providing recommendations to the department on criteria to be used to select programs facilitating support groups for individuals with traumatic brain injuries and their families under section 6 of this act;

      (c) By December 1, 2007, submitting a report to the legislature and the governor on the following:

      (i) The development of a comprehensive statewide information and referral network for individuals with traumatic brain injuries;

      (ii) The development of a statewide registry to collect data regarding individuals with traumatic brain injuries, including the potential to utilize the department of information services to develop the registry;

      (iii) The efforts of the department to provide services for individuals with traumatic brain injuries;

      (d) By December 30, 2007, reviewing the preliminary comprehensive statewide plan developed by the department to meet the needs of individuals with traumatic brain injuries as required in section 4 of this act and submitting a report to the legislature and the governor containing comments and recommendations regarding the plan.

      (9) The council may utilize the advice or services of a nationally recognized expert, or other individuals as the council deems appropriate, to assist the council in carrying out its duties under this section.

      NEW SECTION. Sec. 4. (1) By July 30, 2007, the department shall

designate a staff person who shall be responsible for the following:

      (a) Coordinating policies, programs, and services for individuals with traumatic brain injuries; and

       (b) Providing staff support to the council created in section 3 of this act.

      (2) The department shall provide data and information to the council established under section 3 of this act that is requested by the council and is in the possession or control of the department.

      (3) By December 1, 2007, the department shall provide a preliminary report to the legislature and the governor, and shall provide a final report by December 1, 2008, containing recommendations for a comprehensive statewide plan to address the needs of individuals with traumatic brain injuries, including the use of public-private partnerships and a public awareness campaign. The comprehensive plan should be created in collaboration with the council and should consider the following:

      (a) Building provider capacity and provider training;

      (b) Improving the coordination of services;

      (c) The feasibility of establishing agreements with private sector agencies to develop services for individuals with traumatic brain injuries; and

      (d) Other areas the council deems appropriate.

      (4) By December 1, 2007, the department shall:

      (a) Provide information and referral services to individuals with traumatic brain injuries until the statewide referral and information network is developed. The referral services may be funded from the traumatic brain injury account established under section 7 of this act; and

      (b) Encourage and facilitate the following:

      (i) Collaboration among state agencies that provide services to individuals with traumatic brain injuries;

      (ii) Collaboration among organizations and entities that provide services to individuals with traumatic brain injuries; and

      (iii) Community participation in program implementation.

      (5) By December 1, 2007, and by December 1st each year thereafter, the department shall issue a report to the governor and the legislature containing the following:

      (a) A summary of action taken by the department to meet the needs of individuals with traumatic brain injuries; and

      (b) Recommendations for improvements in services to address the needs of individuals with traumatic brain injuries.

      NEW SECTION. Sec. 5. By December 1, 2007, in collaboration with the council, the department shall institute a public awareness campaign that utilizes funding from the traumatic brain injury account to leverage a private advertising campaign to persuade Washington residents to be aware and concerned about the issues facing individuals with traumatic brain injuries through all forms of media including television, radio, and print.

      NEW SECTION. Sec. 6. (1) By March 1, 2008, the department shall provide funding to programs that facilitate support groups to individuals with traumatic brain injuries and their families.

      (2) The department shall use a request for proposal process to select the programs to receive funding. The council shall provide recommendations to the department on the criteria to be used in selecting the programs.

      (3) The programs shall be funded solely from the traumatic brain injury account established in section 7 of this act, to the extent that funds are available.

      NEW SECTION. Sec. 7. A new section is added to chapter 46.20 RCW to read as follows:

      The traumatic brain injury account is created in the state treasury. Two dollars of the fee imposed under RCW 46.63.110(7)(b) must be deposited into the account. Moneys in the account may be spent only after appropriation, and may be used only to provide a public awareness campaign and services relating to traumatic brain injury under sections 5 and 6 of this act, for information and referral services, and for costs of required department staff who are providing support for the council and information and referral services under sections 3 and 4 of this act. The secretary of the department of social and health services has the authority to administer the funds.

      Sec. 8. RCW 46.63.110 and 2005 c 413 s 2 are each amended to read as follows:

      (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

       (2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is two hundred fifty dollars for each offense; (b) RCW 46.61.210(1) is five hundred dollars for each offense. No penalty assessed under this subsection (2) may be reduced.

      (3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

      (4) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

      (5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

      (6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter it is immediately payable. If the court determines, in its discretion, that a person is not able to pay a monetary obligation in full, and not more than one year has passed since the later of July 1, 2005, or the date the monetary obligation initially became due and payable, the court shall enter into a payment plan with the person, unless the person has previously been granted a payment plan with respect to the same monetary obligation, or unless the person is in noncompliance of any existing or prior payment plan, in which case the court may, at its discretion, implement a payment plan. If the court has notified the department that the person has failed to pay or comply and the person has subsequently entered into a payment plan and made an initial payment, the court shall notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the person's driver's license or driver's privilege based on failure to respond to that infraction. "Payment plan," as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.

      (a) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court shall notify the department of the person's failure to meet the conditions of the plan, and the department shall suspend the person's driver's license or driving privilege until all monetary obligations, including those imposed under subsections (3) and (4) of this section, have been paid, and court authorized community restitution has been completed, or until the department has been notified that the court has entered into a new time payment or community restitution agreement with the person.

      (b) If a person has not entered into a payment plan with the court and has not paid the monetary obligation in full on or before the time established for payment, the court shall notify the department of the delinquency. The department shall suspend the person's driver's license or driving privilege until all monetary obligations have been paid, including those imposed under subsections (3) and (4) of this section, or until the person has entered into a payment plan under this section.

      (c) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per infraction or twenty-five dollars per payment plan, whichever is less.

      (d) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.

      (e) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.

      (7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:

      (a) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040; and

      (b) A fee of two dollars per infraction. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in section 7 of this act.

      (8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 shall be assessed an additional penalty of twenty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.

      (b) Eight dollars and fifty cents of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as provided in RCW 43.08.250. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.

       (9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the court may, at its discretion, enter into a payment plan.

      (10) The monetary penalty for violating RCW 46.37.395 is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter.

      Sec. 9. RCW 43.84.092 and 2006 c 337 s 11, 2006 c 311 s 23, 2006 c 171 s 10, 2006 c 56 s 10, and 2006 c 6 s 8 are each reenacted and amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

       (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Columbia river basin water supply development account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the emergency reserve fund, the energy freedom account, The Evergreen State College capital projects account, the federal forest revolving account, the freight mobility investment account, the freight mobility multimodal account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the real estate appraiser commission account, the regional mobility grant program account, the resource management cost account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      NEW SECTION. Sec. 10. Sections 1 through 6 of this act constitute a new chapter in Title 74 RCW.

      NEW SECTION. Sec. 11. This act may be known and cited as the Tommy Manning act."

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Second Substitute House Bill No. 2055.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "injury;" strike the remainder of the title and insert "amending RCW 46.63.110; reenacting and amending RCW 43.84.092; adding a new section to chapter 46.20 RCW; adding a new chapter to Title 74 RCW; and creating a new section."

 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, Second Substitute House Bill No. 2055 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser, Regala, Parlette and Jacobsen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 2055 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2055 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 46

      Excused: Senators Carrell, Pflug and Sheldon - 3

      SECOND SUBSTITUTE HOUSE BILL NO. 2055 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1994, by Representatives Curtis, Ericks, Roberts and Quall

 

      Addressing overpayments received by courts.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, House Bill No. 1994 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline spoke in favor of passage of the bill.

      Senator Marr spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1994.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1994 and the bill failed the Senate by the following vote: Yeas, 20; Nays, 26; Absent, 0; Excused, 3.

      Voting yea: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kline, McAuliffe, McCaslin, Murray, Parlette, Regala, Rockefeller, Schoesler, Spanel, Tom and Weinstein - 20

      Voting nay: Senators Benton, Brandland, Clements, Delvin, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Kastama, Kauffman, Keiser, Kilmer, Kohl-Welles, Marr, Morton, Oemig, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Shin, Stevens, Swecker and Zarelli - 26

      Excused: Senators Carrell, Pflug and Sheldon - 3

      HOUSE BILL NO. 1994, having failed to receive the constitutional majority, was declared lost.

 

NOTICE OF RECONSIDERATION

 

      Senator Kohl-Welles gave notice of her intent to move to reconsider the vote by which House Bill No. 1994 failed to pass the Senate.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2286, by House Committee on Insurance, Financial Services & Consumer Protection (originally sponsored by Representatives Simpson, Kirby, Williams, Kelley and Hunt)

 

      Regulating interstate branching.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Hobbs, the rules were suspended, Substitute House Bill No. 2286 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2286.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2286 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Carrell and Sheldon - 2

      SUBSTITUTE HOUSE BILL NO. 2286, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

MOTION

 

      Senator Carrell moved adoption of the following resolution:

 

SENATE RESOLUTION

8685

 

By Senators Carrell, Rasmussen and Franklin

 

      WHEREAS, First Sergeant Christopher Navarre took a voluntary reduction in rank to Private in order to serve with the 761st Black Panther Tank Battalion during World War II; and

      WHEREAS, Christopher Navarre fought valiantly as a tank gunner with the 761st, who lived up to their motto, "Come Out Fighting"; and

      WHEREAS, Christopher Navarre and the other African-American men of the 761st spearheaded several attacks allowing General Patton's 4th Armored Division to drive forward into Germany; and

      WHEREAS, Christopher Navarre was wounded in the hand and leg while the 761st fought elements from 14 different German divisions to allow the 4th Armored Division to move through the Rhine River; and

      WHEREAS, Christopher Navarre assisted in destroying 23 fortified German pillboxes, and he was directly responsible for destroying seven; and

      WHEREAS, Christopher Navarre and the 761st helped to liberate Holocaust victims held in concentration camps at Dachau and Buchenwald; and

      WHEREAS, Christopher Navarre was appointed as a warrant officer in 1949 and served in the Korean War; and

      WHEREAS, Christopher Navarre retired from active duty in 1963, taking a position in the Logistics Center at Ft. Lewis, Washington, until retiring in 1982; and

      WHEREAS, Christopher Navarre and his wife, Bernice, make their home at Patriot's Landing in DuPont, where they are active in the community and the church; and

      WHEREAS, Christopher Navarre volunteers much of his time speaking with and counseling soldiers returning from deployment, many of whom suffer from post-traumatic stress disorder; and

      WHEREAS, President Jimmy Carter awarded the 761st the Presidential Unit Citation in 1978; and

      WHEREAS, Christopher Navarre received the Purple Heart and the Silver Star in 1997 after a 52-year delay due to the segregation policy of the military at the time; and

      WHEREAS, Christopher Navarre was named a Chevalier of the Legion of Honor by the President of France in 2006 for his efforts during World War II;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Christopher Navarre, World War II United States Army hero, member of the greatest generation, and honored citizen of the state of Washington, for his leadership, courage, valor, and selfless service.

 

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

 

REMARKS BY SENATOR CARRELL

 

Senator Carrell: “Thank you Mr. President, members of the Senate: It is not every day that the President of France honors a citizen of the State of Washington and today we also honor Chris Navarre for his personal efforts during World War II to liberate France. He is, today going to be getting the Legion of Merit. It was first instituted by Napoleon Bonaparte in 1802 and is given to people which have rendered service to France by various means. This is the highest honor that France can bestow upon it’s citizens and, in this case, a foreign national a citizen of Washington State and United States. The seventy-first Tank Battalion that he served in, sometime after he landed ,the sixth day after the Normandy landing is a very, very famous Tank Battalion. You heard that he took a voluntary reduction rank from sergeant down to private in order to serve in this tank Battalion. The 761st tank battalion noticed as the Black Panthers, fought there way through virtually every country in Western Europe from France to Luxemburg to Holland and in this effort they were actually fighting for one-hundred, eighty-three days. Now most Tank Battalions were pulled out of the line after ten days, two weeks, but this particular one fought for one-hundred eighty-three days through a whole series of battles and, as you heard, took on remnants and parts of seventeen German divisions in their march across Europe and freed Europe from the tyranny of the Nazi’s. So it is great amount of respect and honor that today I would ask you to also honor Chris Navarre for the efforts he had to help free not only France but Western Europe from the tyranny that we know was gripping them from 1939 through 1945. Thank you Mr. President.”

 

REMARKS BY SENATOR RASMUSSEN

 

Senator Rasmussen: “Thank you Mr. President. I too would like to support this resolution, 8685. Ten years ago this Senate honored Christopher Navarre. He was my friend, my constituent, he and Bernice are delightful, wonderful people, great advocates and community servants. What he is being honored for I’m immensely proud because we honored him for the Silver Star. For fifty-two years he was not awarded this medal. Fifty-two years later they decided to give him the Silver Star and we were proud of him. I’m proud of him as friends and as people of the community. I love them both. They’re great, great people and he’s a hero, a super hero but I think he’s kind of like Superman, he’s done it all. He’s let the world know that he’s not alone. He wants everyone to know what happened during World War II, not only for himself, but for all of those that served with him. There’s memorials throughout our nation talking about his friends and the people that had been left behind. In his mind and in our minds no one is left behind. We all respect, honor you and you’re my hero and you’re the hero of the Senate. Ten years ago we honored him and we’re back again saying, 'We love you still and thank you for everything you’ve done for us for our community.' God Bless.”

 

REMARKS BY SENATOR FRANKLIN

 

Senator Franklin: “Thank you Mr. President and ladies and gentlemen of the Senate: I, too, rise in order to support the resolution for First Sergeant Navarre. The work that you have done as a member of the team of the Black Panthers as a part of the greatest generation and you fought in Germany with the Black Panthers and as your tank went across soil into Germany and as you fought, I too had traveled those roads and have seen what you have done. As you fought for freedom even though you knew that what you were fighting for you might have been discriminated against back in your own country. You didn’t think of that. You thought of freedom, ending up in Dakhau I went to Dachau and saw because of what the Black Panthers and many others have done in order to relieve those who had been incarcerated in Dachau. To see, it is what really sends chills and you, as you did that, and as the Black Panthers and many others who fought in that greatest generation that lives, has stood very, very well for us. And as you continue the work that you do to tell others to let them know because, if we do not know our history and if we don’t know where we came from, then we do not know where we are going. I honor you and respect you and as you continue to work with the Iraqi soldiers, as you continue to encourage them and as you continue to work and say to them that what they have done was that you did it for freedom. You continue to do that and I really respect and honor you and, of course, Mrs. Navarre who without her you would not have been able to do what you have done. Thank you and thanks for this resolution.”

 

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8685.

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

 

REMARKS BY THE PRESIDENT

 

President Owen: “Ladies and Gentlemen, before we have the opportunity to hear from this courageous patriot, there are a couple of special presentations that will be made to Mr. Navarre. First a few words from Mr. Mike Gregoire.”

 

REMARKS BY MIKE GREGOIRE

      Mike Gregoire: “Lieutant Governor Owen, Senator Carrell and Consul General Desagneaux. Thank you for arranging this wonderful event today. On behalf of Governor Gregoire, I welcome and congratulate Christopher Navarre for this distinguished award. It is a great honor to meet you and to thank you for your heroic service to the people of France and to the people of the United States. Congratulations and best wishes from the people of Washington State. Thank you.”

 

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Mr. Frederic Desagneaux, Counsel General of France who was present at the rostrum for the appointment to the Legion of Honor.

 

REMARKS BY CONSUL GENERAL MR. FREDERIC DESAGNEAUX, CONSUL OF FRANCE

Mr. Lieutenant Governor, President of the Senate,

Honorable Senators,

Mr. Mike Gregoire,

Ladies and gentlemen,

Distinguished guests,

 

      “It is a great honor for me to be here today in the Senate chamber for this tribute to Chris Navarre.

      We had the privilege a few moments ago to meet with Governor Christine Gregoire in her office and we were all impressed by Christopher Navarre's outstanding service and accomplishments and also by his great shape, at 87, being so alert, reactive to all the events that take place around him and in the world.

      I had the opportunity to discuss also briefly with the Governor the evergrowing and longstanding relationship between France and the State of Washington, and while considering the positive present situation that we enjoy in this regard we envisaged how to further strengthen our cooperation and collaboration in the future in the field of public affairs, economy and culture.

      So it seems to me very appropriate and very symbolic to be gathered here today for this moving ceremony and to reflect on the past in this magnificent building where the future of the state of Washington and of its people is being shaped, through the initiatives and the policies that are designed and negotiated in this place by the governor and by the legislature.

      I am personally convinced that history matters and I believe that we cannot build a better future if we are ignorant of the lessons of the past.

      Therefore I think that by looking back at our common history, by celebrating and paying tribute to the actors of our past, we are paving the way for a better future.

      And what a better example for us, and for the generations to come, than the bravery and sacrifice of thousands and thousands of young American men and women who fought for our values, for our dignity, for our freedom in the course of World War II.

      Among those soldiers was a young man born in 1920 in Louisiana. In Lafayette, precisely – what a symbol for France and America! – and together with his comrades in the 590th ambulance company and in the 761st Tank Battalion, they changed the course of the future, they changed the course of history, our history.

 

      Dear Christopher Navarre,

      You were one of these heroes. After attending high school, you joined the army in 1940 and were assigned to the 25th infantry regiment. First stationed in Arizona, then in Louisiana and Mississippi. In 1944, you crossed the Atlantic and after spending some time in Wales, you landed in Normandy on D-Day plus six.

      You were then a First Sergeant with the 590th ambulance company and your mission took you throughout France, Luxemburg and Belgium, in support of the front line units. It was an extremely perilous task, since you were not allowed to carry arms or fire back while you yourselves were under heavy enemy fire.

      It is probably this frustration that prompted you to ask to be assigned to another unit, a combat unit where you would participate fully in the military operations. So you became a member of the 761st Tank Battalion, and remained on the front line as a tank gunner until the end of the war. With your fellow soldiers, you achieved extraordinary results, under General Patton command, inflicting heavy losses to the enemy while your battalion suffered a 50 % casualty rate.

      You were present at the capitulation of the German armies thus witnessing the successful outcome of the war, the victory of the allied forces, the defeat of those who advocated hatred and racism.

      I know this meant a lot for you as it does for us all today.

      Ladies and gentlemen,

      I failed, indeed, to mention a couple of elements in Christopher Navarre’s epic story, which I would like to emphasize now, because of their strong significance.

      Chritopher’s school in Lafayette was a segregated school. The seminary where he continued his education was a segregated one. The 25th Infantry Regiment was composed of all colored enlisted men, the 761st Tank Battalion was the first black tank combat unit activated in World War II.

      Therefore, his fight for the liberation of France and Europe under the Nazi occupation, his commitment to defeat the scourge of oppression and to make prevail the values of human rights and democracy carry a dramatic resonance.

      Allow me to add also, as was recalled by Senator Carrell, a few minutes ago, that in order to be transferred to a tank unit, Christopher Navarre chose to relinquish his grade as a First Sergeant and to be down graded to the rank of Private.

      Dear Christopher Navarre,

      As you know the French National Order of the Legion of Honor was established in 1802 by Napoleon Bonaparte, perhaps France’s greatest military figure and strategist. He wanted to recognize exceptional merit and bravery. Napoleon used to say : ‘’on ne peut pas faire semblant d’etre dourageux’’, which stands for ‘’courage is something you cannot fake.’’

      So, dear Christopher, no one probably is more worthy to receive this distinction. Because you displayed an extraordinary level of courage and bravery, while in your ambulance company, defying danger in order to save lives, and while in your tank battalion, knocking out hundreds of enemy machine gun nests.

      Your bravery, your sense of solidarity, your spirit of brotherhood have been recognized by your country through the awarding of the Purple Heart for two wounds received in action, the Silver Star for gallantry in action and a Presidential Unit citation for extraordinary heroism

      Now it is our turn, it is the turn of France. Because my country and my fellow compatriots will never forget the devotion and sacrifice of all those who fought on her soil more than sixty years ago.

      So the medal that I shall have the privilege to present to you in a few moments, before your wife, Bernice, your two sons, your grandson and other members of your family as well as your many friends who are present here this morning among this August audience, comes as a testimony to our gratitude for your courage and for your critical role in the liberation of France.

      I know you would like to share this honor with all your comrades, maybe especially with those who did not come back from the front.

      It is also a proof of our appreciation for your service in the U. S. Army from 1940 to 1963 and for the qualities and virtues that you showed when returning to civilian life both in your professional career and as an active member of several associations deeply rooted in your community, especially your involvement in Veterans associations.

      As I mentioned earlier, you were born in Lafayette, Louisiana. And this year, on the sixth of September, we shall commemorate and celebrate the 250th anniversary of the birth of Lafayette, the French general who with his troops – and in Yorktown they were probably as numerous as the Americans, helped the American people establish a democratic nation in America and give birth to the United States. Their combat, more than two centuries ago, forged our historical alliance and friendship. The French-American solidarity in arms that was again demonstrated during the two world wars – and which you are an extraordinary example and symbol.

      Our alliance and cooperation are exemplified today through our relentless fight against terrorism where our two countries are engaged together. They are enshrined in our common efforts to bring peace, security and stability in regions such as Afghanistan, the Middle East, the Balkans, Haiti or Africa. They are illustrated by our joint resolve to make the values of humanism prevail over extremism and intolerance.

      Therefore on this very day, April 10th, 2007, which coincides with the sixty second anniversary of the liberation of the Buchenwald extermination camp by the American Army, awarding you, dear Christopher Navarre, with the Legion of Honor is not only a well deserved recognition and tribute to your heroic past. It is meant to be, and you will agree with me, also as an example, a lesson for the younger generation on how our determination must be high, constant, as was yours all along these years, so as to defend, promote and stand by our principles.

      Christopher Navarre, au nom du president de la republqiue, nous vous remettons les insignes de Chevalier de l’Ordre National de la Legion d'honneur.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Thank you very much Mr. Consul General. Your words are very precious to the body and we appreciate this honor to one of Washington’s great citizens. We have one other presentation that is going to be made by United States Army Colonel Scott Halusz and Jay W. Johnson, retired Army Staff Sergeant from Freedom Team Salute.”

 

REMARKS BY SERGEANT JAY W. JOHNSON

 

      Jay W. Johnson: “In these demanding times we are all soldiers of freedom. In honor of this on 2, May 2005 the Army launched a revolutionary community outreach initiative called 'Freedom Team Salute.' Of particular importance is a recognition this program offers our former soldiers. Freedom Team Salute is an opportunity for the Army to show it’s appreciation to our soldiers from all generations for their services and sacrifices to their country. Throughout history America’s freedom has been assured by the resolute conviction of Army forces in battle. Today these courageous men and women collectively represent ten million of the total twenty-six million former soldiers residing across all fifty states. Today, we recognize Christopher Navarre whose unwavering commitment to duty, honor and selfless service is a legacy that has allowed the Army to achieve it’s global mission in preserving freedom and the security of our nation. Colonel Halusz, the commander of the six military police group will pin Chief Warrant Officer Navarre.

 

REMARKS BY COLONEL HALUSZ

      Colonel Halusz: “Mr. Navarre, we thank you again for your service to this nation. The partnership between the Army, her soldiers, families and employees, employers is a partnership that is old as the nation itself. It is this tradition that has allowed the Army to achieve its global mission in preserving freedom and security for our nation. Certificate Appreciation is awarded to Christopher Navarre for outstanding service to the nation as a United States Army Solider. You are being recognized for your patriotism and continued support of the Army family. Your legacy is today’s Army and the value soldiers exhibit while fighting the global war on terrorism. Their efforts are a direct reflection of your service in the United States Army and a grateful nation thanks you.”

 

      "Signed by Peter G. Shoomaker, General, W. S. Army and Chief of Staff and Peter Geron, Acting Secretary of the Army"

 

INTRODUCTION OF SPECIAL GUESTS

The President introduced the wife of Christopher Navarre, Bernice, sons Michael and Vincent, niece Karen who were present at the rostrum.

 

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced General Sheila Baxter, Commander of Madigan Army Medical Center; Mr. Ivan Harrison, representative (of the President) and former member of the 761st Tank Battalion; and Mr. John Lee, Director of the Department of Veteran Affairs who were seated in the gallery.

 

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced First Sergeant Christopher Navarre who was seated at the rostrum.

With permission of the Senate, business was suspended to allow First Sergeant Christopher Navarre to address the Senate.

 

REMARKS BY CHRISTOPHER NAVARRE

      Christopher Navarre: “I don’t know if it’s good morning or this afternoon. Today is a day of joy and emotions, filled with experience of my past, present and my foreseeable future. I was born Lafayette, Louisiana on 15, January 1920, as a second class citizen and during World War II, I relinquished my First Sergeant rank to fight for my country. In the liberation and freedom of France and the European countries. Today I am grateful for the long-awaited recognition for my contributions made during the liberation and freedom of France. I wish to dedicate this distinguished award Chevalier of the Legion of Honor decree, to my fallen comrades of the 761st Tank Battalion who fought with me during World War II and may their souls rest in peace. May I extend my sincere thanks and appreciation to all the members of the Washington State Senate for their compassionate Joint Senate Resolution. My family and I thank you. May I recognize the honorable French Consul General, Monsieur Frederic Desagneaux. I take great pride in the French government for recognizing the United States of America veterans, the non-whites and the whites, for their individual heroic contributions made during the liberation and freedom of France. May God continue to bless their government and the people of the French Republic for exemplifying the true meaning of democracy. I request that this message be conveyed to the President of the Republic of France. And now, may I respectfully recognize the Honorable Christine Gregoire, the Governor of the great State of Washington. My wife and I are pleased and grateful that the honorable Governor Gregoire approved the presentation be made in the Washington State capitol with her presence. And may God continue to bless the Honorable Governor for exemplifying the true meaning of fair and impartial practice which prevails under the leadership of the Honorable Washington State Governor. In closing, I would like to thank all of you in the balcony, on both sides for taking time out of your busy day to celebrate this momentous occasion with me. I thank you and I thank my wife, Bernice, my sons Vincent and Michael, my grandson and my niece Karen for the love respect and support they have given me during my life. And I made this short, God Bless America.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Thank you Mr. Navarre. It’s been a great honor and privilege to have you with us today and we really truly appreciate your service to America. Thank you very much.”

 

MOTION

 

      On motion of Senator Rasmussen all remarks concerning Senate Resolution No. 8685 were spread upon the journal.

 

MOTION

 

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

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1922, by House Committee on Appropriations (originally sponsored by Representatives Pedersen, Pettigrew, Miloscia, McIntire, Walsh, Kagi, Appleton, Kenney, Hasegawa and Ormsby)

 

      Creating an independent youth housing program.

 

      The measure was read the second time.

 

MOTION

 

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that providing needy youth aging out of the state dependency system with safe and viable options for housing to avoid homelessness confers a valuable benefit on the public that is intended to improve public health, safety, and welfare.

      (2) It is the goal of this state to:

      (a) Ensure that all youth aging out of the state dependency system have access to a decent, appropriate, and affordable home in a healthy safe environment to prevent such young people from experiencing homelessness; and


      (b) Reduce each year the percentage of young people eligible for state assistance upon aging out of the state dependency system.

      NEW SECTION. Sec. 2. A new section is added to chapter 43.63A RCW to read as follows:

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

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

      (2) "Eligible youth" means an individual who:

      (a) On or after September 1, 2006, is at least eighteen, was a dependent of the state under chapter 13.34 RCW in the month before his or her eighteenth birthday, and has not yet reached the age of twenty-three;

      (b) Except as provided in section 4(2)(a) of this act, has a total income from all sources, except for temporary sources that include, but are not limited to, overtime wages, bonuses, or short-term temporary assignments, that does not exceed fifty percent of the area median income;

      (c) Is not receiving services under RCW 74.13.031(10)(b);

      (d) Complies with other eligibility requirements the department may establish.

      (3) "Fair market rent" means the fair market rent in each county of the state, as determined by the United States department of housing and urban development.

      (4) "Independent housing" means a housing unit that is not owned by or located within the home of the eligible youth's biological parents or any of the eligible youth's former foster care families or dependency guardians. "Independent housing" may include a unit in a transitional or other supportive housing facility.

      (5) "Individual development account" or "account" means an account established by contract between a low-income individual and a sponsoring organization for the benefit of the low-income individual and funded through periodic contributions by the low-income individual that are matched with contributions by or through the sponsoring organization.

      (6) "Subcontractor organization" means an eligible organization described under RCW 43.185A.040 that contracts with the department to administer the independent youth housing program.

      NEW SECTION. Sec. 3. A new section is added to chapter 43.63A RCW to read as follows:

      (1) The independent youth housing program is created in the department to provide housing stipends to eligible youth to be used for independent housing. In developing a plan for the design, implementation, and operation of the independent youth housing program, the department shall:

      (a) Adopt policies, requirements, and procedures necessary to administer the program;

      (b) Contract with one or more eligible organizations described under RCW 43.185A.040 to provide services and conduct administrative activities as described in subsection (3) of this section;

      (c) Establish eligibility criteria for youth to participate in the independent youth housing program, giving priority to youth who have been dependents of the state for at least one year;

       (d) Refer interested youth to the designated subcontractor organization administering the program in the area in which the youth intends to reside;

      (e) Develop a method for determining the amount of the housing stipend, first and last month's rent, and security deposit, where applicable, to be dedicated to participating youth. The method for determining a housing stipend must take into account a youth's age, the youth's total income from all sources, the fair market rent for the area in which the youth lives or intends to live, and a variety of possible living situations for the youth. The amount of housing stipends must be adjusted, by a method and formula established by the department, to promote the successful transition for youth to complete housing self-sufficiency over time;

      (f) Ensure that the independent youth housing program is integrated and aligned with other state rental assistance and case management programs operated by the department, as well as case management and supportive services programs, including the independent living program, the transitional living program, and other related programs offered by the department of social and health services; and

      (g) Consult with the department of social and health services and other stakeholders involved with dependent youth, homeless youth, and homeless young adults, as appropriate.

      (2) The department of social and health services shall collaborate with the department in implementing and operating the independent youth housing program including, but not limited to, the following:

      (a) Refer potential eligible youth to the department before the youth's eighteenth birthday, if feasible, to include an indication, if known, of where the youth plans to reside after aging out of foster care;

      (b) Provide information to all youth aged fifteen or older, who are dependents of the state under chapter 13.34 RCW, about the independent youth housing program, encouraging dependents nearing their eighteenth birthday to consider applying for enrollment in the program;

      (c) Encourage organizations participating in the independent living program and the transitional living program to collaborate with independent youth housing program providers whenever possible to capitalize on resources and provide the greatest amount and variety of services to eligible youth;

       (d) Annually provide to the department data reflecting changes in the percentage of youth aging out of the state dependency system each year who are eligible for state assistance, as well as any other data and performance measures that may assist the department to measure program success; and

      (e) Annually, beginning by December 31, 2007, provide to the appropriate committees of the legislature and the interagency council on homelessness as described under RCW 43.185C.170 recommendations of strategies to reach the goals described in section 5(2)(g) of this act.

      (3) Under the independent youth housing program, subcontractor organizations shall:

      (a) Use moneys awarded to the organizations for housing stipends, security deposits, first and last month's rent stipends, case management program costs, and administrative costs;

      (i) Administrative costs for each subcontractor organization may not exceed twelve percent of the estimated total annual grant amount to the subcontractor organization;

      (ii) All housing stipends must be payable only to a landlord or housing manager of any type of independent housing;

      (b) Enroll eligible youth who are referred by the department and who choose to reside in their assigned service area;

      (c) Enter eligible youth program participants into the homeless client management information system as described in RCW 43.185C.180;

      (d) Monitor participating youth's housing status;

      (e) Evaluate participating youth's eligibility and compliance with department policies and procedures at least twice a year;

      (f) Assist participating youth to develop or update an independent living plan focused on obtaining and retaining independent housing or collaborate with a case manager with whom the youth is already involved to ensure that the youth has an independent living plan;

      (g) Educate participating youth on tenant rights and responsibilities;

      (h) Provide support to participating youth in the form of general case management and information and referral services, when necessary, or collaborate with a case manager with whom the youth is already involved to ensure that the youth is receiving the case management and information and referral services needed;

       (i) Connect participating youth, when possible, with individual development account programs, other financial literacy programs, and other programs that are designed to help young people acquire economic independence and self-sufficiency, or collaborate with a case manager with whom the youth is already involved to ensure that the youth is receiving information and referrals to these programs, when appropriate;

      (j) Submit expenditure and performance reports, including information related to the performance measures in section 5 of this act, to the department on a time schedule determined by the department; and

      (k) Provide recommendations to the department regarding program improvements and strategies that might assist the state to reach its goals as described in section 5(2)(g) of this act.

      NEW SECTION. Sec. 4. A new section is added to chapter 43.63A RCW to read as follows:

      (1) An eligible youth participating in the independent youth housing program must:

      (a) Sign a program compliance agreement stating that the youth agrees to:

      (i) Timely pay his or her portion of the independent housing cost;

      (ii) Comply with an independent living plan; and

      (iii) Comply with other program requirements and policies the department may establish; and

      (b) Maintain his or her status as an eligible youth, except as provided in subsection (2) of this section.

      (2) The department shall establish policies and procedures to allow the youth to remain in the program and continue to receive a housing stipend if the youth's total income exceeds fifty percent of the area median income during the course of his or her participation in the program. The policies must require the youth to:

      (a) Participate in the individual development account program established under RCW 43.31.460 and invest a portion, to be determined by the department, of his or her income that exceeds fifty percent of the area median income in an individual development account; or

      (b) If the youth is unable to participate in the individual development account program due to the program's capacity limits or eligibility requirements, participate in an alternate supervised savings program approved by the department, as long as the youth qualifies for and may participate in this savings program.

      (3) An eligible youth may participate in the independent youth housing program for any duration of time and may apply to enroll in the program with the department at any time.

      (4)(a) A youth may be terminated from the independent youth housing program for a violation of department policies.

      (b) Youth who are terminated from the program may apply to the department for reenrollment in the program through a procedure to be developed by the department. The department shall establish criteria to evaluate a reenrollment application and may accept or deny a reenrollment application based on the department's evaluation.

      NEW SECTION. Sec. 5. A new section is added to chapter 43.63A RCW to read as follows:

      Beginning in 2007, the department must annually review and report on the performance of subcontractor organizations participating in the independent youth housing program, as well as the performance of the program as a whole.

      (1) Reporting should be within the context of the state homeless housing strategic plan under RCW 43.185C.040 and any other relevant state or local homeless or affordable housing plans. The outcomes of the independent youth housing program must be included in the measurement of any performance measures described in chapter 43.185C RCW.

      (2) The independent youth housing program report must include, at a minimum, an update on the following program performance measures, as well as any other performance measures the department may establish, for enrolled youth in consultation with the department of social and health services, to be measured statewide and by county:

      (a) Increases in housing stability;

      (b) Increases in economic self-sufficiency;

      (c) Increases in independent living skills;

      (d) Increases in education and job training attainment;

      (e) Decreases in the use of all state-funded services over time;

      (f) Decreases in the percentage of youth aging out of the state dependency system each year who are eligible for state assistance as reported to the department by the department of social and health services; and

      (g) Recommendations to the legislature and to the interagency council on homelessness as described under RCW 43.185C.170 on program improvements and on departmental strategies that might assist the state to reach its goals of:

      (i) Ensuring that all youth aging out of the state dependency system have access to a decent, appropriate, and affordable home in a healthy safe environment to prevent such youth from experiencing homelessness; and

      (ii) Reducing each year the percentage of young people eligible for state assistance upon aging out of the state dependency system.

      NEW SECTION. Sec. 6. A new section is added to chapter 43.63A RCW to read as follows:

      This act does not create:

      (1) An entitlement to services;

      (2) Judicial authority to (a) extend the jurisdiction of juvenile court in a proceeding under chapter 13.34 RCW to a youth who has reached the age of eighteen or (b) order the provision of services to the youth; or

      (3) A private right of action or claim on the part of any individual, entity, or agency against the department, the department of social and health services, or any contractor of the departments.

      NEW SECTION. Sec. 7. A new section is added to chapter 43.63A RCW to read as follows:

      The independent youth housing account is created in the state treasury. All revenue directed to the independent youth housing program must be deposited into this account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for the independent youth housing program as described in section 3 of this act.

      NEW SECTION. Sec. 8. Beginning in September 2008, the Washington state institute for public policy shall conduct a study measuring the outcomes for youth who are participating or who have participated in the independent youth housing program created in section 3 of this act. The institute shall issue a report containing its preliminary findings to the legislature by December 1, 2009, and a final report by December 1, 2010.

      NEW SECTION. Sec. 9. 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."

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Second Substitute House Bill No. 1922.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "adding new sections to chapter 43.63A RCW; and creating new sections."

 

MOTION


 

      On motion of Senator Hargrove, the rules were suspended, Second Substitute House Bill No. 1922 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Delvin, Senator McCaslin was excused.

 

MOTION

 

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

 

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1922 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1922 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 33; Nays, 12; Absent, 2; Excused, 2.

      Voting yea: Senators Berkey, Brown, Clements, Delvin, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Morton, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Sheldon, Shin, Spanel, Tom and Weinstein - 33

      Voting nay: Senators Benton, Brandland, Hewitt, Holmquist, Honeyford, Parlette, Pflug, Roach, Schoesler, Stevens, Swecker and Zarelli - 12

      Absent: Senators Carrell and Rasmussen - 2

      Excused: Senators Eide and McCaslin - 2

      SECOND SUBSTITUTE HOUSE BILL NO. 1922 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1069, by Representatives Williams, Hunt and B. Sullivan

 

      Designating the Pacific chorus frog as the state amphibian.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Fairley, the rules were suspended, House Bill No. 1069 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

MOTION

 

On motion of Senator Brandland, Senator Clements was excused.

 

MOTION

 

On motion of Senator Regala, Senators Franklin, Hobbs, Kohl-Welles and Rasmussen were excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1069.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1069 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 44

      Absent: Senator Carrell - 1

      Excused: Senators Franklin, Hobbs, McCaslin and Rasmussen - 4

      HOUSE BILL NO. 1069, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Hewitt, Senator Clements was excused.

 

MOTION

 

On motion of Senator Brandland, Senator Carrell was excused.

 

SECOND READING

 

      HOUSE BILL NO. 1247, by Representatives Morrell, Hinkle, Cody, Wallace and Moeller

 

      Concerning eligibility for long-term care services.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

MOTION

 

On motion of Senator Regala, Senator Kohl-Welles was excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1247.

 

ROLL CALL

 


      The Secretary called the roll on the final passage of House Bill No. 1247 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Weinstein - 44

      Absent: Senator Zarelli - 1

      Excused: Senators Clements, Franklin, Hobbs and Kohl-Welles - 4

      HOUSE BILL NO. 1247, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Brandland, Senator Zarelli was excused.

 

MOTION

 

On motion of Senator Regala, Senator Prentice was excused.

 

SECOND READING

 

      HOUSE BILL NO. 1377, by Representatives Pettigrew, Hinkle, Walsh, Haler, Kagi, Appleton, Warnick and Roberts

 

      Changing provisions affecting the placement of children.

 

      The measure was read the second time.

 

MOTION

 

      Senator Regala moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 74.15.020 and 2006 c 265 s 401, 2006 c 90 s 1, and 2006 c 54 s 7 are each reenacted and amended to read as follows:

      For the purpose of this chapter and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

      (1) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

      (a) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

      (b) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility;

      (c) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;

      (d) "Emergency respite center" is an agency that may be commonly known as a crisis nursery, that provides emergency and crisis care for up to seventy-two hours to children who have been admitted by their parents or guardians to prevent abuse or neglect. Emergency respite centers may operate for up to twenty-four hours a day, and for up to seven days a week. Emergency respite centers may provide care for children ages birth through seventeen, and for persons eighteen through twenty with developmental disabilities who are admitted with a sibling or siblings through age seventeen. Emergency respite centers may not substitute for crisis residential centers or HOPE centers, or any other services defined under this section, and may not substitute for services which are required under chapter 13.32A or 13.34 RCW;

      (e) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

      (f) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

      (g) "HOPE center" means an agency licensed by the secretary to provide temporary residential placement and other services to street youth. A street youth may remain in a HOPE center for thirty days while services are arranged and permanent placement is coordinated. No street youth may stay longer than thirty days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option. A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer. All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;

      (h) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

      (i) "Responsible living skills program" means an agency licensed by the secretary that provides residential and transitional living services to persons ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have been unable to live in his or her legally authorized residence and, as a result, the minor lived outdoors or in another unsafe location not intended for occupancy by the minor. Dependent minors ages fourteen and fifteen may be eligible if no other placement alternative is available and the department approves the placement;

      (j) "Service provider" means the entity that operates a community facility.

      (2) "Agency" shall not include the following:

      (a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:

      (i) Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

      (ii) Stepfather, stepmother, stepbrother, and stepsister;

      (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;


      (iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a), even after the marriage is terminated; ((or))

      (v) Relatives, as named in (i), (ii), (iii), or (iv) of this subsection (2)(a), of any half sibling of the child; or

      (vi) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

      (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

      (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

      (d) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

      (e) A person, partnership, corporation, or other entity that provides placement or similar services to international children who have entered the country by obtaining visas that meet the criteria for medical care as established by the United States immigration and naturalization service, or persons who have the care of such an international child in their home;

      (f) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

      (g) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

      (h) Licensed physicians or lawyers;

      (i) Facilities approved and certified under chapter 71A.22 RCW;

      (j) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

      (k) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

      (l) An agency operated by any unit of local, state, or federal government or an agency licensed by an Indian tribe pursuant to RCW 74.15.190;

      (m) A maximum or medium security program for juvenile offenders operated by or under contract with the department;

      (n) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

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

       (4) "Family child care licensee" means a person who: (a) Provides regularly scheduled care for a child or children in the home of the provider for periods of less than twenty-four hours or, if necessary due to the nature of the parent's work, for periods equal to or greater than twenty-four hours; (b) does not receive child care subsidies; and (c) is licensed by the state under RCW 74.15.030.

      (5) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

      (6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

      (7) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

      (8) "Secretary" means the secretary of social and health services.

      (9) "Street youth" means a person under the age of eighteen who lives outdoors or in another unsafe location not intended for occupancy by the minor and who is not residing with his or her parent or at his or her legally authorized residence.

      (10) "Transitional living services" means at a minimum, to the extent funds are available, the following:

      (a) Educational services, including basic literacy and computational skills training, either in local alternative or public high schools or in a high school equivalency program that leads to obtaining a high school equivalency degree;

      (b) Assistance and counseling related to obtaining vocational training or higher education, job readiness, job search assistance, and placement programs;

      (c) Counseling and instruction in life skills such as money management, home management, consumer skills, parenting, health care, access to community resources, and transportation and housing options;

      (d) Individual and group counseling; and

      (e) Establishing networks with federal agencies and state and local organizations such as the United States department of labor, employment and training administration programs including the job training partnership act which administers private industry councils and the job corps; vocational rehabilitation; and volunteer programs.

      Sec. 2. RCW 13.34.130 and 2003 c 227 s 3 are each amended to read as follows:

      If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

      (1) The court shall order one of the following dispositions of the case:

      (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In determining the disposition, the court should choose those services, including housing assistance, that least interfere with family autonomy and are adequate to protect the child.

      (b) Order the child to be removed from his or her home and into the custody, control, and care of a relative or the department or a licensed child placing agency for ((placement)) supervision of the child's placement. The department or agency supervising the child's placement has the authority to place the child, subject to review and approval by the court (i) with a relative as defined in RCW 74.15.020(2)(a), (ii) in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW, or ((in a home not required to be licensed pursuant to chapter 74.15 RCW)) (iii) in the home of another suitable person if the child or family has a preexisting relationship with that person, and the person has completed all required criminal history background checks and otherwise appears to the department or supervising agency to be suitable and competent to provide care for the child. Absent good cause, the department or supervising agency shall follow the wishes of the natural parent regarding the placement of the child in accordance with RCW 13.34.260. The department or supervising agency may only place a child with a person not related to the child as defined in RCW 74.15.020(2)(a) when the court finds that such placement is in the best interest of the child. Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is: (((i))) (A) Related to the child as defined in RCW 74.15.020(2)(a) with whom the child has a relationship and is comfortable; and (((ii))) (B) willing and available to care for the child.

      (2) ((Placement of the child with a relative under this subsection shall be given preference by the court.)) An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

      (a) There is no parent or guardian available to care for such child;

      (b) The parent, guardian, or legal custodian is not willing to take custody of the child; or

      (c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger.

      (3) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court shall consider whether it is in a child's best interest to be placed with, have contact with, or have visits with siblings.

      (a) There shall be a presumption that such placement, contact, or visits are in the best interests of the child provided that:

      (i) The court has jurisdiction over all siblings subject to the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for whom there is no jurisdiction are willing to agree; and

      (ii) There is no reasonable cause to believe that the health, safety, or welfare of any child subject to the order of placement, contact, or visitation would be jeopardized or that efforts to reunite the parent and child would be hindered by such placement, contact, or visitation. In no event shall parental visitation time be reduced in order to provide sibling visitation.

      (b) The court may also order placement, contact, or visitation of a child with a step-brother or step-sister provided that in addition to the factors in (a) of this subsection, the child has a relationship and is comfortable with the step-sibling.

      (4) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW 13.34.132 are met.

      (5) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court."

 

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

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to House Bill No. 1377.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "children;" strike the remainder of the title and insert "amending RCW 13.34.130; and reenacting and amending RCW 74.15.020."

 

MOTION

 

      On motion of Senator Regala, the rules were suspended, House Bill No. 1377 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1377 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1377 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 44

      Excused: Senators Clements, Franklin, Hobbs, Kohl-Welles and Prentice - 5

      HOUSE BILL NO. 1377 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1447, by Representative Morrell

 

      Providing for temporary management in boarding homes.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1447 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Keiser spoke in favor of passage of the bill.

 


MOTION

 

On motion of Senator Brandland, Senator Benton was excused.

 

MOTION

 

On motion of Senator Regala, Senators Murray, Rockefeller and Shin were excused.

 

MOTION

 

On motion of Senator Hewitt, Senator Roach was excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1447.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1447 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Oemig, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 46

      Excused: Senators Franklin, Murray and Prentice - 3

      HOUSE BILL NO. 1447, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1051, by Representatives Upthegrove, Kagi, P. Sullivan, Haigh, Simpson, Moeller, Green, Santos, Kenney, Williams, Hunter and Miloscia

 

      Expanding high school completion programs.

 

      The measure was read the second time.

 

MOTION

 

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the goal of Washington's education reform is for all students to meet rigorous academic standards so that they are prepared for success in college, work, and life. Educators know that not all students learn at the same rate or in the same way. Some students will take longer to meet the state's standards for high school graduation. Older students who cannot graduate with their peers need an appropriate learning environment and flexible programming that enables them simultaneously to earn a diploma, work, and pursue other training options. Providing learning options in locations in addition to high schools will encourage older students to complete their diplomas. Therefore the legislature intends to create a pilot high school completion program at two community and technical colleges for older students who have not yet received a diploma but are eligible for state basic education support.

      Sec. 2. RCW 28B.50.535 and 1991 c 238 s 58 are each amended to read as follows:

      A community or technical college may issue a high school diploma or certificate, subject to rules ((and regulations promulgated)) adopted by the superintendent of public instruction and the state board of education.

      NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:

      (1) A pilot program is created for two community or technical colleges to make available courses or a program of study, on the college campus or a satellite site, designed to enable students under the age of twenty-one who have completed all state and local high school graduation requirements except the certificate of academic achievement or certificate of individual achievement to complete their high school education and obtain a high school diploma.

      (a) The colleges participating in the pilot program in this section may make courses or programs under this section available by entering into contracts with local school districts to deliver the courses or programs. Colleges participating in the pilot program that offer courses or programs under contract shall be reimbursed for each enrolled eligible student as provided in the contract, and the high school diploma shall be issued by the local school district;

      (b) Colleges participating in the pilot program may deliver courses or programs under this section directly. Colleges that deliver courses or programs directly shall be reimbursed for each enrolled eligible student as provided in section 4 of this act, and the high school diploma shall be issued by the college;

      (c) Colleges participating in the pilot program may make courses or programs under this section available through a combination of contracts with local school districts, collaboration with educational service districts, and direct service delivery. Colleges participating in the pilot program may also make courses or programs under this section available for students at locations in addition to the college campus but not on a high school campus, except on satellite sites as provided in this subsection (1); or

      (d) Colleges participating in the pilot program may enter into regional partnerships to carry out the provisions of this subsection (1).

      (2) Regardless of the service delivery method chosen, colleges participating in the pilot program shall ensure that all eligible students have an opportunity to enroll in a course or program under this section.

      (3) Colleges participating in the pilot program shall not require students enrolled under this section to pay tuition or services and activities fees; however this waiver of tuition and services and activities fees shall be in effect only for those courses that lead to a high school diploma.

      (4) Nothing in this section or section 4 of this act precludes a community or technical college from offering courses or a program of study for students other than eligible students as defined by section 4 of this act to obtain a high school diploma, nor is this section or section 4 of this act intended to restrict diploma completion programs offered by school districts or educational service districts. Community and technical colleges and school districts are encouraged to consult with educational service districts in the development and delivery of programs and courses required under this section.

      (5) Community and technical colleges participating in the pilot program shall not be required to administer the Washington assessment of student learning.

 

      NEW SECTION. Sec. 4. A new section is added to chapter 28A.600 RCW to read as follows:

      (1) For purposes of this section and section 3 of this act, "eligible student" means a student who has completed all state and local high school graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045, who is less than age twenty-one as of September 1st of the academic year the student enrolls at a community and technical college under this section, and who meets the following criteria:

      (a) Receives a level 2 (basic) score on the reading and writing content areas of the high school Washington assessment of student learning;

      (b) Has not successfully met state standards on a retake of the assessment or an alternative assessment;

      (c) Has participated in assessment remediation; and

      (d) Receives a recommendation to enroll in courses or a program of study made available under section 3 of this act from his or her high school principal.

      (2) An eligible student may enroll in courses or a program of study made available by a community or technical college participating in the pilot program created under section 3 of this act for the purpose of obtaining a high school diploma.

      (3) For eligible students in courses or programs delivered directly by the community or technical college participating in the pilot program under section 3 of this act and only for enrollment in courses that lead to a high school diploma, the superintendent of public instruction shall transmit to the colleges participating in the pilot program an amount per each full-time equivalent college student at statewide uniform rates. The amount shall be the sum of (a), (b), (c), and (d) of this subsection, as applicable.

      (a) The superintendent shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 for purposes of making payments under this section. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW.

      (b) The superintendent shall allocate an amount equal to the per funded student state allocation for the learning assistance program under chapter 28A.165 RCW for each full-time equivalent college student or a pro rata amount for less than full-time enrollment.

      (c) The superintendent shall allocate an amount equal to the per full-time equivalent student allocation for the student achievement program under RCW 28A.505.210 for each full-time equivalent college student or a pro rata amount for less than full-time enrollment.

      (d) For eligible students who meet eligibility criteria for the state transitional bilingual instruction program under chapter 28A.180 RCW, the superintendent shall allocate an amount equal to the per student state allocation for the transitional bilingual instruction program or a pro rata amount for less than full-time enrollment.

      (4) The superintendent may adopt rules establishing enrollment reporting, recordkeeping, and accounting requirements necessary to ensure accountability for the use of basic education, learning assistance, and transitional bilingual program funds under this section for the pilot program created under section 3 of this act.

      (5) All school districts in the geographic area of the two community and technical colleges selected pursuant to section 9 of this act to participate in the pilot program shall provide information about the high school completion option under section 3 of this act to students in grades ten, eleven, and twelve and the parents or guardians of those students.

      (6) The Washington state institute for public policy shall conduct a review of the high school completion pilot program authorized under section 3 of this act. The institute shall begin the study after July 1, 2010, and report to the superintendent of public instruction, the state board for community and technical colleges, and the education and fiscal committees of the legislature by January 1, 2011. At a minimum, the report shall include the following:

      (a) The number of students taking part in the high school completion programs, reported by their high school of last attendance and the community or technical college that offered the program;

      (b) The types of high school completion programs offered at the two community or technical colleges;

      (c) The number of students successfully receiving a high school diploma and other identified outcome measures; and

      (d) The amount of funds spent in support of this effort compared to actual reimbursement costs that are provided under subsection (3)(a), (b), (c), and (d) of this section.

      Sec. 5. RCW 28A.230.120 and 2003 c 234 s 1 are each amended to read as follows:

      (1) School districts shall issue diplomas to students signifying graduation from high school upon the students' satisfactory completion of all local and state graduation requirements. Districts shall grant students the option of receiving a final transcript in addition to the regular diploma. Students who satisfactorily complete all local and state graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045 may participate in high school graduation ceremonies.

      (2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the transcript option and shall direct students to indicate their decisions in a timely manner. School districts shall make appropriate provisions to assure that students who choose to receive a copy of their final transcript shall receive such transcript after graduation.

      (3)(a) A school district may issue a high school diploma to a person who:

      (i) Is an honorably discharged member of the armed forces of the United States;

      (ii) Was scheduled to graduate from high school in the years 1940 through 1955; and

       (iii) Left high school before graduation to serve in World War II or the Korean conflict.

      (b) A school district may issue a diploma to or on behalf of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school equivalency certification or is deceased.

      (c) The superintendent of public instruction shall adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall specify what constitutes acceptable evidence of eligibility for a diploma.

      Sec. 6. RCW 28A.655.061 and 2006 c 115 s 4 are each amended to read as follows:

      (1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.

      (2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of RCW 28A.155.045, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.


      (3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement.

      (4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.

      (5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.

      (6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.

      (7) Beginning in 2006, school districts must make available to students the following options:

       (a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or

      (b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.

       (8) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.

      (9) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school district.

      (10)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.

      (b) A student's score on the mathematics portion of the preliminary scholastic assessment test (PSAT), the scholastic assessment test (SAT), or the American college test (ACT) may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the mathematics standards for the certificate of academic achievement. The state board of education shall identify the scores students must achieve on the mathematics portion of the PSAT, SAT, or ACT to meet or exceed the state standard for mathematics. The state board of education shall identify the first scores by December 1, 2006, and thereafter may increase but not decrease the scores required for students to meet or exceed the state standard for mathematics.

      (11) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.

      (12) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection (12).

      (a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. If applicable, the plan shall also include the high school completion pilot program created under section 3 of this act. This requirement shall be phased in as follows:

      (i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (12)(a) shall have a plan.

      (ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (12)(a) shall have a plan.

      (iii) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.

      (iv) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.

      (b) Beginning with the 2005-06 school year and every year thereafter, all fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.

      (i) The parent or guardian of a student described in this subsection (12)(b) shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.

      (ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.

 

      Sec. 7. RCW 28B.15.520 and 1993 sp.s. c 18 s 16 are each amended to read as follows:

      Subject to the limitations of RCW 28B.15.910, the governing boards of the community colleges may:


      (1) Waive all or a portion of tuition fees and services and activities fees for:

      (a) Students nineteen years of age or older who are eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015 ((and)), who enroll in a course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate, but who are not eligible students as defined by section 4 of this act; and

      (b) Children of any law enforcement officer or fire fighter who lost his or her life or became totally disabled in the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this state: PROVIDED, That such persons may receive the waiver only if they begin their course of study at a community college within ten years of their graduation from high school;

      (2) Waive all or a portion of the nonresident tuition fees differential for:

      (a) Nonresident students enrolled in a community college course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate but who are not eligible students as defined by section 4 of this act. The waiver shall be in effect only for those courses which lead to a high school diploma or certificate; and

      (b) Up to forty percent of the students enrolled in the regional education program for deaf students, subject to federal funding of such program.

      Sec. 8. RCW 28B.15.067 and 2006 c 161 s 6 are each amended to read as follows:

      (1) Tuition fees shall be established under the provisions of this chapter.

      (2) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act.

      (3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates, including summer school students and students in other self-supporting degree programs. Percentage increases in full-time tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students.

      (4) Academic year tuition for full-time students at the state's institutions of higher education beginning with 2009-10, other than summer term, shall be as charged during the 2008-09 academic year unless different rates are adopted by the legislature.

      (5) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400.

      (6) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college under RCW 28C.04.610.

      (7) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college participating in the pilot program under section 3 of this act for the purpose of obtaining a high school diploma.

      (8) For the academic years 2003-04 through 2008-09, the University of Washington shall use an amount equivalent to ten percent of all revenues received as a result of law school tuition increases beginning in academic year 2000-01 through academic year 2008-09 to assist needy low and middle income resident law students.

       (((8))) (9) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students.

      NEW SECTION. Sec. 9. The office of the superintendent of public instruction and the state board for community and technical colleges shall:

      (1) By June 30, 2007, select the two community and technical colleges to be involved in the pilot program created in section 3 of this act. The criteria for selecting the two pilot program sites shall include, but are not limited to: (a) The quality of the courses or program offerings; (b) having the appropriate type of staff and facility to deliver the program; (c) the number of eligible students; and (d) the willingness to participate and provide requested data and information for the evaluation under section 4(6) of this act conducted pursuant to section 4(6) of this act;

      (2) Develop an estimate of the number of students statewide likely to participate in the program authorized under section 3 of this act if established on a statewide basis. The assumptions shall take into account programs and alternatives offered for fifth-year seniors by school districts and educational service districts;

      (3) Identify and analyze possible service delivery models in addition to those described in section 3 of this act, particularly to address the challenges faced by community and technical colleges serving school districts dispersed across large geographic areas and with limited staffing and facilities resources for the programs; and

      (4) Submit a report with an implementation plan for the two community and technical colleges participating in the pilot program created under section 3 of this act and submit findings and recommendations to the education and fiscal committees of the legislature by December 15, 2007."

 

MOTION

 

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

      On page 1, line 28 of the amendment, after "campus" strike "or a satellite site"

      On page 2, at the beginning of line 23 of the amendment, after "campus" strike all material through "(1)" on line 24

      Beginning on page 5, line 14, strike all of section 5

      Renumber the remaining sections consecutively and correct any internal references accordingly.

 

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 1, line 28 to the committee striking amendment to House Bill No. 1051.

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

 

      Senators Holmquist and Pflug spoke against adoption of the committee striking amendment.

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

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to House Bill No. 1051.

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


 

MOTION

 

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

      On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28B.50.535, 28A.230.120, 28A.655.061, 28B.15.520, and 28B.15.067; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28A.600 RCW; and creating new sections."

      On page 13, at the beginning of line 3 of the title amendment, strike "28A.230.120,"

 

MOTION

 

On motion of Senator Delvin, Senator Carrell was excused.

 

MOTION

 

      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1051 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser, Rasmussen, McAuliffe and Franklin spoke in favor of passage of the bill.

      Senators Swecker, Clements, Holmquist and Benton spoke against passage of the bill.

 

MOTION

 

On motion of Senator Brandland, Senator Carrell was excused.

 

      Senator Pflug spoke against passage of the bill.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1051 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1051 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Tom and Weinstein - 32

      Voting nay: Senators Benton, Brandland, Clements, Delvin, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Roach, Schoesler, Stevens, Swecker and Zarelli - 16

      Excused: Senator Carrell - 1

      HOUSE BILL NO. 1051 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

 

REMARKS BY THE PRESIDENT

      The President wished Senator Carrell a Happy Birthday.

 

MOTION

 

At 12:05 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 1:51 p.m. by President Owen.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512, by House Committee on Finance (originally sponsored by Representatives Hasegawa, Haler, Pettigrew, Skinner, Santos, Hankins, Kenney, Walsh, McCoy, Kirby, Schual-Berke, Chase, Williams, Roberts, P. Sullivan, Hudgins, Ericks, Darneille, Kagi and Ormsby)

 

      Increasing the amount the treasurer may use for the linked deposit program.

 

      The measure was read the second time.

 

MOTION

 

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

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 43.86A.030 and 2005 c 302 s 2 are each amended to read as follows:

      (1) Funds held in public depositaries not as demand deposits as provided in RCW 43.86A.020 and 43.86A.030, shall be available for a time certificate of deposit investment program according to the following formula: The state treasurer shall apportion to all participating depositaries an amount equal to five percent of the three year average mean of general state revenues as certified in accordance with Article VIII, section 1(b) of the state Constitution, or fifty percent of the total surplus treasury investment availability, whichever is less. Within thirty days after certification, those funds determined to be available according to this formula for the time certificate of deposit investment program shall be deposited in qualified public depositaries. These deposits shall be allocated among the participating depositaries on a basis to be determined by the state treasurer.

      (2) The state treasurer may use up to one hundred fifty million dollars per year of all funds available under this section for the purposes of RCW 43.86A.060. The amounts made available to these public depositaries shall be equal to the amounts of outstanding loans made under RCW 43.86A.060.

      (3) The formula so devised shall be a matter of public record giving consideration to, but not limited to deposits, assets, loans, capital structure, investments or some combination of these factors. However, if in the judgment of the state treasurer the amount of allocation for certificates of deposit as determined by this section will impair the cash flow needs of the state treasury, the state treasurer may adjust the amount of the allocation accordingly.

      Sec. 2. RCW 43.86A.060 and 2005 c 302 s 3 are each amended to read as follows:

      (1) The state treasurer shall establish a linked deposit program for investment of deposits in qualified public depositaries. As a condition of participating in the program, qualified public depositaries must make qualifying loans as provided in this section. The state treasurer may purchase a certificate of deposit that is equal to the amount of the qualifying loan made by the qualified public depositary or may purchase a certificate of deposit that is equal to the aggregate amount of two or more qualifying loans made by one or more qualified public depositaries.

      (2) Qualifying loans made under this section are those:

      (a) Having terms that do not exceed ten years;

      (b) Where an individual loan does not exceed one million dollars;

      (c) That are made to a minority or women's business enterprise that has received state certification under chapter 39.19 RCW;

      (d) Where the interest rate on the loan to the minority or women's business enterprise does not exceed an interest rate that is two hundred basis points below the interest rate the qualified public depositary would charge for a loan for a similar purpose and a similar term, except that, if the preference given by the state treasurer to the qualified public depositary under subsection (3) of this section is less than two hundred basis points, the qualified public depositary may reduce the preference given on the loan by an amount that corresponds to the reduction in preference below two hundred basis points given to the qualified public depositary; and

      (e) Where the points or fees charged at loan closing do not exceed one percent of the loan amount.

      (3) In setting interest rates of time certificate of deposits, the state treasurer shall offer rates so that a two hundred basis point preference will be given to the qualified public depositary, except that the treasurer shall lower the amount of the preference to ensure that the effective interest rate on the time certificate of deposit is not less than two percent.

      (4) Upon notification by the state treasurer that a minority or women's business enterprise is no longer certified under chapter 39.19 RCW, the qualified public depositary shall reduce the amount of qualifying loans by the outstanding balance of the loan made under this section to the minority or women's business enterprise.

(5) The office of minority and women's business enterprises has the authority to adopt rules to:

      (a) Ensure that when making a qualified loan under the linked deposit program, businesses that have never received a loan under the linked deposit program are given first priority;

      (b) Limit the total principal loan amount that any one business receives in qualified loans under the linked deposit program over the lifetime of the businesses;

      (c) Limit the total principal loan amount that an owner of one or more businesses receives in qualified loans under the linked deposit program during the owner's lifetime; and

      (d) Limit the total amount of any one qualified loan made under the linked deposit program.

      NEW SECTION. Sec. 3. 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."

 

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

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 1512.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 43.86A.030 and 43.86A.060; and creating a new section."

 

MOTION

 

      On motion of Senator Berkey, the rules were suspended, Engrossed Substitute House Bill No. 1512 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Berkey spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1512 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1512 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Swecker, Tom and Weinstein - 41

      Voting nay: Senators Benton, Honeyford, McCaslin, Morton, Parlette, Pflug, Stevens and Zarelli - 8

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1370, by Representatives Green, Conway, Hasegawa, Chase, Simpson, Morrell and Wood

 

      Regarding public workers excluded from prevailing wages on public works provisions.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1370 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Clements spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Regala, Senators Brown and Poulsen were excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1370.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1370 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Brown and Poulsen - 2

      HOUSE BILL NO. 1370, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1693, by House Committee on Commerce & Labor (originally sponsored by Representatives Appleton, Flannigan and Rodne)

 

      Modifying time periods for collective bargaining by state ferry employees.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1693 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Clements spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1693.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1693 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Brown and Poulsen - 2

      SUBSTITUTE HOUSE BILL NO. 1693, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1651, by House Committee on Appropriations (originally sponsored by Representatives Fromhold, Alexander, B. Sullivan, Walsh and Simpson)

 

      Creating the boating activities program.

 

      The measure was read the second time.

 

MOTION

 

      Senator Jacobsen moved that the following committee striking amendment by the Committee on Natural Resources, Ocean & Recreation be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 79A.60 RCW to read as follows:

      The boating activities account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as authorized under sections 2 and 3 of this act.

      Grants, gifts, or other financial assistance received by the interagency committee for outdoor recreation from state and nonstate sources for purposes of boating activities may be deposited into the account.

      NEW SECTION. Sec. 2. A new section is added to chapter 79A.60 RCW to read as follows:

      (1) The boating activities program is created in the interagency committee for outdoor recreation.

      (2) The interagency committee for outdoor recreation shall distribute moneys appropriated from the boating activities account created in section 1 of this act as follows, or as otherwise appropriated by the legislature, after deduction for the committee's expenses in administering the boating activities grant program and for related studies:

      (a) To the commission for boater safety, boater education, boating-related law enforcement activities, activities included in RCW 88.02.040, related administrative expenses, and boating-related environmental programs, such as pumpout stations, to enhance clean waters for boating;

      (b) For grants to state agencies, counties, municipalities, port districts, federal agencies, nonprofit organizations, and Indian tribes to improve boating access to water and marine parks, enhance the boater experience, boater safety, boater education, and boating-related law enforcement activities, and to provide funds for boating-related environmental programs, such as pumpout stations, to enhance clean waters for boating; and

      (c) If the amount available for distribution from the boating activities account is equal to or less than two million five hundred thousand dollars per fiscal year, then eighty percent of the amount available must be distributed to the commission for the purposes of (a) of this subsection and twenty percent for grants in (b) of this subsection. Amounts available for distribution in excess of two million five hundred thousand dollars per fiscal year shall be distributed by the committee for purposes of (a) and (b) of this subsection.

      (3) The interagency committee for outdoor recreation shall establish an application process for boating activities grants.

      (4) Agencies receiving grants for capital purposes from the boating activities account shall consider the possibility of contracting with the commission, the department of natural resources, or other federal, state, and local agencies to employ the youth development and conservation corps or other youth crews in completing the project.

      (5) To solicit input on the boating activities grant application process, criteria for grant awards, and use of grant moneys, and to determine the interests of the boating community, the interagency committee for outdoor recreation shall solicit input from a boating activities advisory committee. The interagency committee for outdoor recreation may utilize a currently established boating issues committee that has similar responsibility for input on recreational boating-related funding issues. Members of the boating activities advisory committee are not eligible for compensation but may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (6) The interagency committee for outdoor recreation may adopt rules to implement this section.

      NEW SECTION. Sec. 3. A new section is added to chapter 79A.60 RCW to read as follows:

      (1) By December 1, 2007, the interagency committee for outdoor recreation shall complete an initial study of boater needs and make recommendations to the appropriate committees of the legislature on the initial amount of funding that should be provided to the commission for boating-related law enforcement purposes under section 2(2)(a) of this act.

      (2) The interagency committee for outdoor recreation shall periodically update its study of boater needs as necessary and shall make recommendations to the governor and the appropriate committees of the legislature concerning funding allocations to state parks and other grant applicants."

 

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

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Natural Resources, Ocean & Recreation to Substitute House Bill No. 1651.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "activities;" strike the remainder of the title and insert "and adding new sections to chapter 79A.60 RCW."

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1651 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1651 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1651 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Brown and Poulsen - 2

      SUBSTITUTE HOUSE BILL NO. 1651 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1249, by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Blake, Kretz, Orcutt, Takko and Haigh)

 

      Authorizing a one-year deferral of hunter education training.

 

      The measure was read the second time.

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 1249 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1249.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1249 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 1; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kohl-Welles, Marr, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker and Zarelli - 43

      Voting nay: Senators Kline, Tom and Weinstein - 3

      Absent: Senator McAuliffe - 1

      Excused: Senators Brown and Poulsen - 2

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1249, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1258, by House Committee on Local Government (originally sponsored by Representatives Alexander, Hunt, Curtis and Simpson)

 

      Changing the disbursement of funds by air pollution control agencies.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Fairley, the rules were suspended, Substitute House Bill No. 1258 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fairley spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Regala, Senator McAuliffe was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1258.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1258 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.


      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 46

      Excused: Senators Brown, McAuliffe and Poulsen - 3

      SUBSTITUTE HOUSE BILL NO. 1258, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED HOUSE BILL NO. 1525, by Representatives Chase, Kessler, Morris, Sump, B. Sullivan, Hunt and Hudgins

 

      Reducing the impact of regulatory provisions on small businesses.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kohl-Welles moved that the following committee striking amendment by the Committee on Labor, Commerce, Research & Development be adopted.

      Strike everything after the enacting clause and insert the following:

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

      (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy;

      (2) Small businesses bear a disproportionate share of regulatory costs and burdens;

      (3) Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies;

      (4) When adopting rules to protect the health, safety, and economic welfare of Washington, state agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers;

      (5) Uniform regulatory and reporting requirements can impose unnecessary and disproportionately burdensome demands including legal, accounting, and consulting costs upon small businesses with limited resources;

      (6) The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity;

      (7) Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes;

      (8) The practice of treating all regulated businesses the same leads to inefficient use of regulatory agency resources, enforcement problems, and, in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation;

      (9) Alternative regulatory approaches which do not conflict with the state objective of applicable statutes may be available to minimize the significant economic impact of rules on small businesses; and

      (10) The process by which state rules are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules.

 

      Sec. 2. RCW 19.85.020 and 2003 c 166 s 1 are each amended to read as follows:

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

      (1) "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States department of commerce, or the North American industry classification system as published by the executive office of the president and the office of management and budget. However, if the use of a four-digit standard industrial classification or North American industry classification system would result in the release of data that would violate state confidentiality laws, "industry" means all businesses in a three-digit standard industrial classification or the North American industry classification system.

      (2) "Minor cost" means a cost per business that is less than three-tenths of one percent of annual revenue or income, or one hundred dollars, whichever is greater, or one percent of annual payroll. However, for the rules of the department of social and health services "minor cost" means cost per business that is less than fifty dollars of annual cost per client or other appropriate unit of service.

      (3) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, and that has fifty or fewer employees.

      (((2))) (4) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.

      (((3) "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States department of commerce. However, if the use of a four-digit standard industrial classification would result in the release of data that would violate state confidentiality laws, "industry" means all businesses in a three-digit standard industrial classification.))

      Sec. 3. RCW 19.85.030 and 2000 c 171 s 60 are each amended to read as follows:

      (1) In the adoption of a rule under chapter 34.05 RCW, an agency shall prepare a small business economic impact statement: (a) If the proposed rule will impose more than minor costs on businesses in an industry; or (b) if requested to do so by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320. However, if the agency has completed the pilot rule process as defined by RCW 34.05.313 before filing the notice of a proposed rule, the agency is not required to prepare a small business economic impact statement.

      An agency shall prepare the small business economic impact statement in accordance with RCW 19.85.040, and file it with the code reviser along with the notice required under RCW 34.05.320. An agency shall file a statement prepared at the request of the joint administrative rules review committee with the code reviser upon its completion before the adoption of the rule. An agency shall provide a copy of the small business economic impact statement to any person requesting it.

      (2) Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small businesses. Methods to reduce the costs on small businesses may include:

      (a) Reducing, modifying, or eliminating substantive regulatory requirements;

       (b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements;

      (c) Reducing the frequency of inspections;

      (d) Delaying compliance timetables;


      (e) Reducing or modifying fine schedules for noncompliance; or

      (f) Any other mitigation techniques.

(3) If the agency determines it cannot reduce the costs imposed by the rule on small businesses, the agency shall provide a clear explanation of why it has made that determination and include that statement with its filing of the proposed rule pursuant to RCW 34.05.320.

      (4)(a) All small business economic impact statements are subject to selective review by the joint administrative rules review committee pursuant to RCW 34.05.630.

      (b) Any person affected by a proposed rule where there is small business economic impact statement may petition the joint administrative rules review committee for review pursuant to the procedure in RCW 34.05.655.

      Sec. 4. RCW 19.85.040 and 1995 c 403 s 403 are each amended to read as follows:

      (1) A small business economic impact statement must include a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. It shall analyze the costs of compliance for businesses required to comply with the proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, professional services, and increased administrative costs. It shall consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue. To determine whether the proposed rule will have a disproportionate cost impact on small businesses, the impact statement must compare the cost of compliance for small business with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs:

      (a) Cost per employee;

       (b) Cost per hour of labor; or

      (c) Cost per one hundred dollars of sales.

      (2) A small business economic impact statement must also include:

      (a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(((3))) (2), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(((3))) (2);

      (b) A description of how the agency will involve small businesses in the development of the rule; ((and))

      (c) A list of industries that will be required to comply with the rule. However, this subsection (2)(c) shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply; and

      (d) An estimate of the number of jobs that will be created or lost as the result of compliance with the proposed rule.

      (3) To obtain information for purposes of this section, an agency may survey a representative sample of affected businesses or trade associations and should, whenever possible, appoint a committee under RCW 34.05.310(2) to assist in the accurate assessment of the costs of a proposed rule, and the means to reduce the costs imposed on small business."

 

      Senator Kohl-Welles spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Labor, Commerce, Research & Development to Engrossed House Bill No. 1525.

      The motion by Senator Kohl-Welles carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

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

      On page 1, line 1 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 19.85.020, 19.85.030, and 19.85.040; and creating a new section."

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Engrossed House Bill No. 1525 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Clements spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1525 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1525 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      ENGROSSED HOUSE BILL NO. 1525 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1166, by Representatives Takko, Alexander, Curtis, Williams and Moeller

 

      Modifying county treasurer administrative provisions.

 

      The measure was read the second time.

 

MOTION

 

      Senator Pridemore moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 35.61.210 and 1997 c 3 s 205 are each amended to read as follows:

      The board of park commissioners may levy or cause to be levied a general tax on all the property located in said park district each year not to exceed fifty cents per thousand dollars of assessed value of the property in such park district. In addition, the board of park commissioners may levy or cause to be levied a general tax on all property located in said park district each year not to exceed twenty-five cents per thousand dollars of assessed valuation. Although park districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single levy for purposes of the limitation provided for in chapter 84.55 RCW.


      The board is hereby authorized to levy a general tax in excess of its regular property tax levy or levies when authorized so to do at a special election conducted in accordance with and subject to all the requirements of the Constitution and laws of the state now in force or hereafter enacted governing the limitation of tax levies. The board is hereby authorized to call a special election for the purpose of submitting to the qualified voters of the park district a proposition to levy a tax in excess of the seventy-five cents per thousand dollars of assessed value herein specifically authorized. The manner of submitting any such proposition, of certifying the same, and of giving or publishing notice thereof, shall be as provided by law for the submission of propositions by cities or towns.

      The board shall include in its general tax levy for each year a sufficient sum to pay the interest on all outstanding bonds and may include a sufficient amount to create a sinking fund for the redemption of all outstanding bonds. The levy shall be certified to the proper county officials for collection the same as other general taxes and when collected, the general tax shall be placed in a separate fund in the office of the county treasurer to be known as the "metropolitan park district fund" and ((paid out on warrants)) disbursed under RCW 36.29.010(1) and 39.58.750.

      Sec. 2. RCW 36.35.020 and 1972 ex.s. c 150 s 2 are each amended to read as follows:

      The term "tax title lands" as used in this chapter shall mean any tract of land acquired by the county for lack of other bidders at a tax foreclosure sale. Tax title lands are held in trust for the taxing districts.

      Sec. 3. RCW 36.35.100 and 1998 c 106 s 13 are each amended to read as follows:

      All property deeded to the county under the provisions of this chapter shall be ((stricken from the tax rolls as county property and exempt from taxation and shall not be again assessed or taxed while the property of the county)) treated as follows during the period the property is so held:

      (1) The property shall be:

      (a) Stricken from the tax rolls as county property;

      (b) Exempt from taxation;

      (c) Exempt from special assessments except as provided in chapter 35.49 RCW and RCW 35.44.140 and 79.44.190; and

      (d) Exempt from property owner association dues or fees.

(2) The sale, management, and leasing of tax title property shall be handled as under chapter 36.35 RCW.

      Sec. 4. RCW 36.89.090 and 1991 c 36 s 1 are each amended to read as follows:

      The county shall have a lien for delinquent ((service)) charges, including interest, penalties, and costs of foreclosure thereon, against any property against which they were levied for ((storm water control facilities)) the purposes authorized by this chapter, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective upon the charges becoming delinquent and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290((: PROVIDED, That)). However, a county may, by resolution or ordinance, adopt all or any part of the alternative interest rate, lien, and foreclosure procedures as set forth in RCW 36.89.092 through 36.89.094 or ((by RCW)) 36.94.150, or chapters 84.56, 84.60, and 84.64 RCW.

      Sec. 5. RCW 84.56.070 and 1991 c 245 s 19 are each amended to read as follows:

      On the fifteenth day of February succeeding the levy of taxes, the county treasurer shall proceed to collect all personal property taxes. The treasurer shall give notice by mail to all persons charged with personal property taxes, and if such taxes are not paid before they become delinquent, the treasurer shall forthwith proceed to collect the same. In the event that he or she is unable to collect the same when due, the treasurer shall prepare papers in distraint, which shall contain a description of the personal property, the amount of taxes, the amount of the accrued interest at the rate provided by law from the date of delinquency, and the name of the owner or reputed owner. The treasurer shall without demand or notice distrain sufficient goods and chattels belonging to the person charged with such taxes to pay the same, with interest at the rate provided by law from the date of delinquency, together with all accruing costs, and shall proceed to advertise the same by posting written notices in three public places in the county in which such property has been distrained, one of which places shall be at the county court house, such notice to state the time when and place where such property will be sold. The county treasurer, or the treasurer's deputy, shall tax the same fees for making the distraint and sale of goods and chattels for the payment of taxes as are allowed by law to sheriffs for making levy and sale of property on execution; traveling fees to be computed from the county seat of the county to the place of making distraint. If the taxes for which such property is distrained, and the interest and costs accruing thereon, are not paid before the date appointed for such sale, which shall be not less than ten days after the taking of such property, such treasurer or treasurer's designee shall proceed to sell such property at public auction, or so much thereof as shall be sufficient to pay such taxes, with interest and costs, and if there be any excess of money arising from the sale of any personal property, the treasurer shall pay such excess less any cost of the auction to the owner of the property so sold or to his or her legal representative: PROVIDED, That whenever it shall become necessary to distrain any standing timber owned separately from the ownership of the land upon which the same may stand, or any fish trap, pound net, reef net, set net or drag seine fishing location, or any other personal property as the treasurer shall determine to be incapable or reasonably impracticable of manual delivery, it shall be deemed to have been distrained and taken into possession when the treasurer shall have, at least thirty days before the date fixed for the sale thereof, filed with the auditor of the county wherein such property is located a notice in writing reciting that the treasurer has distrained such property, describing it, giving the name of the owner or reputed owner, the amount of the tax due, with interest, and the time and place of sale; a copy of the notice shall also be sent to the owner or reputed owner at his last known address, by registered letter at least thirty days prior to the date of sale: AND PROVIDED FURTHER, That if the county treasurer has reasonable grounds to believe that any personal property, including mobile homes, manufactured homes, or park model trailers, upon which taxes have been levied, but not paid, is about to be removed from the county where the same has been assessed, or is about to be destroyed, sold or disposed of, the county treasurer may demand such taxes, without the notice provided for in this section, and if necessary may forthwith distrain sufficient goods and chattels to pay the same.

      Sec. 6. RCW 84.56.090 and 1985 c 83 s 1 are each amended to read as follows:

      Whenever in the judgment of the assessor or the county treasurer personal property is being removed or is about to be removed without the limits of the state, or is being dissipated or about to be dissipated, or is being or about to be sold, disposed of, or removed from the county so as to jeopardize collection of taxes, the treasurer shall immediately prepare papers in distraint, which shall contain a description of the personal property, including mobile homes, manufactured homes, or park model trailers, being or about to be removed, dissipated, sold, disposed of, or removed from the county so as to jeopardize collection of taxes, the amount of the tax, the amount of accrued interest at the rate provided by law from the date of delinquency, and the name of the owner or reputed owner, and he shall without demand or notice distrain sufficient goods and chattels belonging to the person charged with such taxes to pay the same with interest at the rate provided by law from the date of delinquency, together with all accruing costs, and shall advertise and sell said property as provided in RCW 84.56.070.


      If said personal property is being removed or is about to be removed from the limits of the state, is being dissipated or about to be dissipated, or is being or about to be sold, disposed of, or removed from the county so as to jeopardize collection of taxes, at any time subsequent to the first day of January in any year, and prior to the levy of taxes thereon, the taxes upon such property so distrained shall be computed upon the rate of levy for state, county and local purposes for the preceding year; and all taxes collected in advance of levy under this section and RCW 84.56.120, together with the name of the owner and a brief description of the property assessed shall be entered forthwith by the county treasurer upon the personal property tax rolls of such preceding year, and all collections thereon shall be considered and treated in all respects, and without recourse by either the owner or any taxing unit, as collections for such preceding year. Property on which taxes are thus collected shall thereupon become discharged from the lien of any taxes that may thereafter be levied in the year in which payment or collection is made.

      Whenever property has been removed from the county wherein it has been assessed, on which the taxes have not been paid, then the county treasurer, or his deputy, shall have the same power to distrain and sell said property for the satisfaction of said taxes as he would have if said property were situated in the county in which the property was taxed, and in addition thereto said treasurer, or his deputy, in the distraint and sale of property for the payment of taxes, shall have the same powers as are now by law given to the sheriff in making levy and sale of property on execution.

      Sec. 7. RCW 84.64.200 and 1981 c 322 s 6 are each amended to read as follows:

      All lots, tracts and parcels of land upon which taxes levied prior to January 9, 1926 remain due and unpaid at the date when such taxes would have become delinquent as provided in the act under which they were levied shall be deemed to be delinquent under the provisions of this title, and the same proceedings may be had to enforce the payment of such unpaid taxes, with interest and costs, and payment enforced and liens foreclosed under and by virtue of the provisions of this chapter. For the purposes of foreclosure under this chapter, the date of delinquency shall be construed to mean the date when the taxes first became delinquent. At all sales of property for which certificates of delinquency are held by the county, if no other bids are received, the county shall be considered a bidder for the full area of each tract or lot to the amount of all taxes, interest and costs due thereon, and where no bidder appears, acquire title ((thereto)) in trust for the taxing districts as absolutely as if purchased by an individual under the provisions of this chapter; all bidders except the county at sales of property for which certificates of delinquency are held by the county shall pay the full amount of taxes, interest and costs for which judgment is rendered, together with all taxes, interest and costs which are delinquent at the time of sale, regardless of whether the taxes, interest, or costs are included in the judgment."

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to House Bill No. 1166.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "provisions;" strike the remainder of the title and insert "and amending RCW 35.61.210, 36.35.020, 36.35.100, 36.89.090, 84.56.070, 84.56.090, and 84.64.200."

 

MOTION

 

      On motion of Senator Pridemore, the rules were suspended, House Bill No. 1166 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Pridemore spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1166 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1166 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1166 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1670, by Representatives Quall and Santos

 

      Articulating the purpose and role of school counselors.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, House Bill No. 1670 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Holmquist spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1670.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1670 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49


      HOUSE BILL NO. 1670, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1412, by Representatives Eddy, Curtis, Simpson and Upthegrove

 

      Providing for a one-year extension for shoreline master program updates in RCW 90.58.080.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Poulsen, the rules were suspended, House Bill No. 1412 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Poulsen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1412.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1412 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1412, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1756, by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Kretz, Upthegrove, B. Sullivan, Blake, Takko and VanDeWege)

 

      Authorizing one additional hound hunting cougar season.

 

      The measure was read the second time.

 

MOTION

 

      Senator Jacobsen moved that the following committee striking amendment by the Committee on Natural Resources, Ocean & Recreation be not adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. 2004 c 264 s 1 (uncodified) is amended to read as follows:

      (1) The department of fish and wildlife, in cooperation and collaboration with the county legislative authorities of Ferry, Stevens, Pend Oreille, Chelan, and Okanogan counties, shall recommend rules to establish a three-year pilot program within select game management units of these counties, to pursue or kill cougars with the aid of dogs. A pursuit season and a kill season with the aid of dogs must be established through the fish and wildlife commission's rule-making process, utilizing local dangerous wildlife task teams comprised of the two collaborating authorities. The two collaborating authorities shall also develop a more effective and accurate dangerous wildlife reporting system to ensure a timely response. The pilot program's primary goals are to provide for public safety, to protect property, and to assess cougar populations.

      (2) Any rules adopted by the fish and wildlife commission to establish a pilot project allowing for the pursuit or hunting of cougars with the aid of dogs under this section only must ensure that all pursuits or hunts are:

      (a) Designed to protect public safety or property;

      (b) Reflective of the most current cougar population data;

      (c) Designed to generate data that is necessary for the department to satisfy the reporting requirements of section 3 of this act; and

      (d) Consistent with any applicable recommendations emerging from research on cougar population dynamics in a multiprey environment conducted by Washington State University's department of natural resource sciences that was funded in whole or in part by the department of fish and wildlife.

(3) The department of fish and wildlife shall authorize one additional season in which cougars may be pursued or killed with dogs, subject to the other conditions of the pilot project.

      NEW SECTION. Sec. 2. A new section is added to chapter 77.12 RCW to read as follows:

      The department shall create a cougar control program that, based upon and consistent with the results and final recommendations contained within the pilot project report required by chapter 264, Laws of 2004, allows for the pursuit or killing of cougars with the aid of dogs. A county legislative authority may request inclusion in the cougar control program after taking the following actions:

      (1) Adopting a resolution that requests inclusion in the cougar control program;

      (2) Documenting the need to participate in the cougar control program by identifying the number of cougar/human encounters and livestock and pet depredations;

      (3) Developing and agreeing to the implementation of an education program designed to disseminate to landowners and other citizens information about predator exclusion techniques and devices and other nonlethal methods of cougar management; and

      (4) Demonstrating that existing cougar depredation permits, public safety cougar hunts, or other existing wildlife management tools have not been sufficient to deal with cougar incidents in the county."

      On page 1, line 2 of the title, after "project;" strike the remainder of the title and insert "amending 2004 c 264 s 1 (uncodified); and adding a new section to chapter 77.12 RCW."

 

      The President declared the question before the Senate to be the motion by Senator Jacobsen to not adopt the committee striking amendment by the Committee on Natural Resources, Ocean & Recreation to Engrossed Substitute House Bill No. 1756.

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

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 1756 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Morton spoke in favor of passage of the bill.


      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1756.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1756 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Franklin, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Rasmussen, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 41

      Voting nay: Senators Fairley, Fraser, Kline, Kohl-Welles, Poulsen, Prentice, Regala and Weinstein - 8

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1756, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

NOTICE OF RECONSIDERATION

 

      Senator Benton gave notice of his intent to move to reconsider the vote by which House Bill No. 1166 passed the Senate.

 

SECOND READING

 

      HOUSE BILL NO. 2240, by Representatives Conway, Condotta and Kenney

 

      Allowing certain activities between domestic wineries, domestic breweries, microbreweries, certificate of approval holders, and retail sellers of beer or wine.

 

      The measure was read the second time.

 

MOTION

 

On motion of Senator Eide, further consideration of House Bill No. 2240 was deferred and the bill held its place on the second reading calendar.

 

SECOND READING

 

      ENGROSSED HOUSE BILL NO. 2388, by Representatives Alexander, P. Sullivan and Hunter

 

      Financing regional centers with seating capacities less than ten thousand that are acquired, constructed, financed, or owned by a public facilities district.

 

      The measure was read the second time.

 

MOTION

 

      Senator Prentice moved that the following committee striking amendment by the Committee on Ways & Means be not adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 35.57.010 and 2002 c 363 s 1 are each amended to read as follows:

      (1)(a) The legislative authority of any town or city located in a county with a population of less than one million may create a public facilities district.

      (b) The legislative authorities of any contiguous group of towns or cities located in a county or counties each with a population of less than one million may enter an agreement under chapter 39.34 RCW for the creation and joint operation of a public facilities district.

      (c) The legislative authority of any town or city, or any contiguous group of towns or cities, located in a county with a population of less than one million and the legislative authority of a contiguous county, or the legislative authority of the county or counties in which the towns or cities are located, may enter into an agreement under chapter 39.34 RCW for the creation and joint operation of a public facilities district.

(d) The legislative authority of a city located in a county with a population greater than one million may create a public facilities district, when the city has a total population of less than one hundred fifteen thousand but greater than eighty thousand and commences construction of a regional center prior to July 1, 2008.

      (2)(a) A public facilities district shall be coextensive with the boundaries of the city or town or contiguous group of cities or towns that created the district.

      (b) A public facilities district created by an agreement between a town or city, or a contiguous group of towns or cities, and a contiguous county or the county in which they are located, shall be coextensive with the boundaries of the towns or cities, and the boundaries of the county or counties as to the unincorporated areas of the county or counties. The boundaries shall not include incorporated towns or cities that are not parties to the agreement for the creation and joint operation of the district.

      (3)(a) A public facilities district created by a single city or town shall be governed by a board of directors consisting of five members selected as follows: (i) Two members appointed by the legislative authority of the city or town; and (ii) three members appointed by legislative authority based on recommendations from local organizations. The members appointed under (a)(i) of this subsection, shall not be members of the legislative authority of the city or town. The members appointed under (a)(ii) of this subsection, shall be based on recommendations received from local organizations that may include, but are not limited to the local chamber of commerce, local economic development council, and local labor council. The members shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

      (b) A public facilities district created by a contiguous group of cities and towns shall be governed by a board of directors consisting of seven members selected as follows: (i) Three members appointed by the legislative authorities of the cities and towns; and (ii) four members appointed by the legislative authority based on recommendations from local organizations. The members appointed under (b)(i) of this subsection shall not be members of the legislative authorities of the cities and towns. The members appointed under (b)(ii) of this subsection, shall be based on recommendations received from local organizations that include, but are not limited to the local chamber of commerce, local economic development council, local labor council, and a neighborhood organization that is directly affected by the location of the regional center in their area. The members of the board of directors shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.


       (c) A public facilities district created by a town or city, or a contiguous group of towns or cities, and a contiguous county or the county or counties in which they are located, shall be governed by a board of directors consisting of seven members selected as follows: (i) Three members appointed by the legislative authorities of the cities, towns, and county; and (ii) four members appointed by the legislative authority based on recommendations from local organizations. The members appointed under (c)(i) of this subsection shall not be members of the legislative authorities of the cities, towns, or county. The members appointed under (c)(ii) of this subsection shall be based on recommendations received from local organizations that include, but are not limited to, the local chamber of commerce, the local economic development council, the local labor council, and a neighborhood organization that is directly affected by the location of the regional center in their area. The members of the board of directors shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

      (4) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

      (5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.

      (6) A public facilities district may acquire and transfer real and personal property by lease, sublease, purchase, or sale. No direct or collateral attack on any public facilities district purported to be authorized or created in conformance with this chapter may be commenced more than thirty days after creation by the city and/or county legislative authority.

      Sec. 2. RCW 82.14.390 and 2006 c 298 s 1 are each amended to read as follows:

      (1) Except as provided in subsection (6) of this section, the governing body of a public facilities district (a) created before July 31, 2002, under chapter 35.57 or 36.100 RCW that commences construction of a new regional center, or improvement or rehabilitation of an existing new regional center, before January 1, 2004((, or)); (b) created before July 1, 2006, under chapter 35.57 RCW in a county or counties in which there are no other public facilities districts on June 7, 2006, and in which the total population in the public facilities district is greater than ninety thousand that commences construction of a new regional center before February 1, 2007; (c) created under the authority of RCW 35.57.010(1)(d); or (d) created before September 1, 2007, under chapter 35.57 or 36.100 RCW, in a county or counties in which there are no other public facilities districts on the effective date of this act, and in which the total population in the public facilities district is greater than seventy thousand, that commences construction of a new regional center before January 1, 2009, 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 public facilities district. The rate of tax shall not exceed 0.033 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.

      (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 public facilities district.

      (3) No tax may be collected under this section before August 1, 2000. The tax imposed in this section shall expire when the bonds issued for the construction of the regional center and related parking facilities are retired, but not more than twenty-five years after the tax is first collected.

       (4) Moneys collected under this section shall only be used for the purposes set forth in RCW 35.57.020 and must be matched with an amount from other public or private sources equal to thirty-three percent of the amount collected under this section, provided that amounts generated from nonvoter approved taxes authorized under chapter 35.57 RCW or nonvoter approved taxes authorized under chapter 36.100 RCW shall not constitute a public or private source. For the purpose of this section, public or private sources includes, but is not limited to cash or in-kind contributions used in all phases of the development or improvement of the regional center, land that is donated and used for the siting of the regional center, cash or in-kind contributions from public or private foundations, or amounts attributed to private sector partners as part of a public and private partnership agreement negotiated by the public facilities district.

      (5) The combined total tax levied under this section shall not be greater than 0.033 percent. If both a public facilities district created under chapter 35.57 RCW and a public facilities district created under chapter 36.100 RCW impose a tax under this section, the tax imposed by a public facilities district created under chapter 35.57 RCW shall be credited against the tax imposed by a public facilities district created under chapter 36.100 RCW.

      (6) A public facilities district created under chapter 36.100 RCW is not eligible to impose the tax under this section if the legislative authority of the county where the public facilities district is located has imposed a sales and use tax under RCW 82.14.0485 or 82.14.0494."

      On page 1, line 3 of the title, after "district;" strike the remainder of the title and insert "and amending RCW 35.57.010 and 82.14.390."

 

      The President declared the question before the Senate to be the motion by Senator Prentice to not adopt the committee striking amendment by the Committee on Ways & Means to Engrossed House Bill No. 2388.

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

 

MOTION

 

      Senator Prentice moved that the following striking amendment by Senators Prentice, Hatfield and Clements be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 35.57.010 and 2002 c 363 s 1 are each amended to read as follows:

      (1)(a) The legislative authority of any town or city located in a county with a population of less than one million may create a public facilities district.

      (b) The legislative authorities of any contiguous group of towns or cities located in a county or counties each with a population of less than one million may enter an agreement under chapter 39.34 RCW for the creation and joint operation of a public facilities district.

      (c) The legislative authority of any town or city, or any contiguous group of towns or cities, located in a county with a population of less than one million and the legislative authority of a contiguous county, or the legislative authority of the county or counties in which the towns or cities are located, may enter into an agreement under chapter 39.34 RCW for the creation and joint operation of a public facilities district.


(d) The legislative authority of a city located in a county with a population greater than one million may create a public facilities district, when the city has a total population of less than one hundred fifteen thousand but greater than eighty thousand and commences construction of a regional center prior to July 1, 2008.

      (2)(a) A public facilities district shall be coextensive with the boundaries of the city or town or contiguous group of cities or towns that created the district.

      (b) A public facilities district created by an agreement between a town or city, or a contiguous group of towns or cities, and a contiguous county or the county in which they are located, shall be coextensive with the boundaries of the towns or cities, and the boundaries of the county or counties as to the unincorporated areas of the county or counties. The boundaries shall not include incorporated towns or cities that are not parties to the agreement for the creation and joint operation of the district.

      (3)(a) A public facilities district created by a single city or town shall be governed by a board of directors consisting of five members selected as follows: (i) Two members appointed by the legislative authority of the city or town; and (ii) three members appointed by legislative authority based on recommendations from local organizations. The members appointed under (a)(i) of this subsection, shall not be members of the legislative authority of the city or town. The members appointed under (a)(ii) of this subsection, shall be based on recommendations received from local organizations that may include, but are not limited to the local chamber of commerce, local economic development council, and local labor council. The members shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

      (b) A public facilities district created by a contiguous group of cities and towns shall be governed by a board of directors consisting of seven members selected as follows: (i) Three members appointed by the legislative authorities of the cities and towns; and (ii) four members appointed by the legislative authority based on recommendations from local organizations. The members appointed under (b)(i) of this subsection shall not be members of the legislative authorities of the cities and towns. The members appointed under (b)(ii) of this subsection, shall be based on recommendations received from local organizations that include, but are not limited to the local chamber of commerce, local economic development council, local labor council, and a neighborhood organization that is directly affected by the location of the regional center in their area. The members of the board of directors shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

       (c) A public facilities district created by a town or city, or a contiguous group of towns or cities, and a contiguous county or the county or counties in which they are located, shall be governed by a board of directors consisting of seven members selected as follows: (i) Three members appointed by the legislative authorities of the cities, towns, and county; and (ii) four members appointed by the legislative authority based on recommendations from local organizations. The members appointed under (c)(i) of this subsection shall not be members of the legislative authorities of the cities, towns, or county. The members appointed under (c)(ii) of this subsection shall be based on recommendations received from local organizations that include, but are not limited to, the local chamber of commerce, the local economic development council, the local labor council, and a neighborhood organization that is directly affected by the location of the regional center in their area. The members of the board of directors shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms.

      (4) A public facilities district is a municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.

      (5) A public facilities district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.

      (6) A public facilities district may acquire and transfer real and personal property by lease, sublease, purchase, or sale. No direct or collateral attack on any public facilities district purported to be authorized or created in conformance with this chapter may be commenced more than thirty days after creation by the city and/or county legislative authority.

      Sec. 2. RCW 82.14.390 and 2006 c 298 s 1 are each amended to read as follows:

      (1) Except as provided in subsection (6) of this section, the governing body of a public facilities district (a) created before July 31, 2002, under chapter 35.57 or 36.100 RCW that commences construction of a new regional center, or improvement or rehabilitation of an existing new regional center, before January 1, 2004((, or)); (b) created before July 1, 2006, under chapter 35.57 RCW in a county or counties in which there are no other public facilities districts on June 7, 2006, and in which the total population in the public facilities district is greater than ninety thousand that commences construction of a new regional center before February 1, 2007; (c) created under the authority of RCW 35.57.010(1)(d); or (d) created before September 1, 2007, under chapter 35.57 or 36.100 RCW, in a county or counties in which there are no other public facilities districts on the effective date of this act, and in which the total population in the public facilities district is greater than seventy thousand, that commences construction of a new regional center before January 1, 2009, 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 public facilities district. The rate of tax shall not exceed 0.033 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.

      (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 public facilities district.

      (3) No tax may be collected under this section before August 1, 2000. The tax imposed in this section shall expire when the bonds issued for the construction of the regional center and related parking facilities are retired, but not more than twenty-five years after the tax is first collected.

       (4) Moneys collected under this section shall only be used for the purposes set forth in RCW 35.57.020 and must be matched with an amount from other public or private sources equal to thirty-three percent of the amount collected under this section, provided that amounts generated from nonvoter approved taxes authorized under chapter 35.57 RCW or nonvoter approved taxes authorized under chapter 36.100 RCW shall not constitute a public or private source. For the purpose of this section, public or private sources includes, but is not limited to cash or in-kind contributions used in all phases of the development or improvement of the regional center, land that is donated and used for the siting of the regional center, cash or in-kind contributions from public or private foundations, or amounts attributed to private sector partners as part of a public and private partnership agreement negotiated by the public facilities district.

      (5) The combined total tax levied under this section shall not be greater than 0.033 percent. If both a public facilities district created under chapter 35.57 RCW and a public facilities district created under chapter 36.100 RCW impose a tax under this section, the tax imposed by a public facilities district created under chapter 35.57 RCW shall be credited against the tax imposed by a public facilities district created under chapter 36.100 RCW.

      (6) A public facilities district created under chapter 36.100 RCW is not eligible to impose the tax under this section if the legislative authority of the county where the public facilities district is located has imposed a sales and use tax under RCW 82.14.0485 or 82.14.0494.

      NEW SECTION. Sec. 3. A new section is added to chapter 82.14 RCW to read as follows:

      (1) In a county with a population under three hundred thousand, the governing body of a public facilities district, which is created before August 1, 2001, under chapter 35.57 RCW or before January 1, 2000, under chapter 36.100 RCW, in which the total population in the public facilities district is greater than ninety thousand and less than one hundred thousand that commences improvement or rehabilitation of an existing regional center, to be used for community events, and artistic, musical, theatrical, or other cultural exhibitions, presentations, or performances and having two thousand or fewer permanent seats, before January 1, 2009, 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 public facilities district. The rate of tax may not exceed 0.033 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.

      (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 under chapter 82.08 or 82.12 RCW. The department shall perform the collection of such taxes on behalf of the county at no cost to the public facilities district.

      (3) The tax imposed in this section shall expire when the bonds issued for the construction of the regional center and related parking facilities are retired, but not more than twenty-five years after the tax is first collected.

      (4) Moneys collected under this section shall only be used for the purposes set forth in RCW 35.57.020 and must be matched with an amount from other public or private sources equal to thirty-three percent of the amount collected under this section, provided that amounts generated from nonvoter-approved taxes authorized under chapter 35.57 RCW may not constitute a public or private source. For the purpose of this section, public or private sources include, but are not limited to cash or in-kind contributions used in all phases of the development or improvement of the regional center, land that is donated and used for the siting of the regional center, cash or in-kind contributions from public or private foundations, or amounts attributed to private sector partners as part of a public and private partnership agreement negotiated by the public facilities district."

 

MOTION

 

Senator Prentice moved that the following amendment by Senators Prentice and Eide to the striking amendment be adopted.

      On page 1, line 23, strike "2008" and insert "2009"

 

      Senator Prentice spoke in favor of adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Prentice and Eide on page 1, line 23 to the striking amendment to Engrossed House Bill No. 2388.

The motion by Senator Prentice carried and the amendment to the striking amendment was adopted by voice vote.

 

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Prentice, Hatfield and Clements as amended to Engrossed House Bill No. 2388.

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

 

MOTION

 

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

      On page 1, line 3 of the title, after "district;" strike the remainder of the title and insert "amending RCW 35.57.010 and 82.14.390; and adding a new section to chapter 82.14 RCW."

 

MOTION

 

      On motion of Senator Prentice, the rules were suspended, Engrossed House Bill No. 2388 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2388 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2388 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 1; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Jacobsen, Kastama, Kauffman, Keiser, Kline, Kohl-Welles, Marr, McAuliffe, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 41

      Voting nay: Senators Honeyford, Kilmer, McCaslin, Morton, Regala, Rockefeller and Schoesler - 7

      Absent: Senator Murray - 1

      ENGROSSED HOUSE BILL NO. 2388 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 3:05 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.


 

EVENING SESSION

 

The Senate was called to order at 5:02 p.m. by President Owen.

 

      The Senate resumed consideration of House Bill No. 2240 which had been deferred earlier in the day.

 

MOTION

 

      Senator Kohl-Welles moved that the following committee striking amendment by the Committee on Labor, Commerce, Research & Development be not adopted.

      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)(i) Nothing in this section prohibits domestic wineries and retailers licensed under chapter 66.24 RCW from ((jointly)) producing jointly or together with regional, state, or local wine industry associations, brochures and materials promoting tourism in Washington state which contain information regarding retail licensees, domestic wineries, and their products.

(ii) Nothing in this section prohibits: (A) Domestic wineries, domestic breweries, microbreweries, and certificate of approval holders licensed under this chapter from listing on their internet web sites information related to retailers who sell or promote their products, including direct links to the retailers' internet web sites; and (B) retailers licensed under this chapter from listing on their internet web sites information related to domestic wineries, domestic breweries, microbreweries, and certificate of approval holders whose products those retailers sell or promote, including direct links to the domestic wineries', domestic breweries', microbreweries', and certificate of approval holders' web sites.

      (h) Nothing in this section prohibits the performance of personal services offered from time to time by a domestic winery or certificate of approval holder licensed under RCW 66.24.206(1)(a) for or on behalf of a licensed retail business when the personal services are (i) conducted at a licensed premises, and (ii) intended to inform, educate, or enhance customers' knowledge or experience of the manufacturer's products. The performance of personal services may include participation and pouring at the premises of a retailer holding a spirits, beer, and wine restaurant license, a wine and/or beer restaurant license, or a speciality wine shop license; bottle signings; and other similar informational or educational activities. A domestic winery, domestic brewery, microbrewery, or certificate of approval holder is not obligated to perform any such personal services, and a retail licensee may not require a domestic winery, domestic brewery, microbrewery, or certificate of approval holder to conduct any personal service as a condition for selling any alcohol to the retail licensee. Except as provided in RCW 66.28.150, the cost of sampling may not be borne, directly or indirectly, by any liquor manufacturer, importer, or distributor. 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.

      (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 subsections (1)(g) and (h) and (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 66.28.150 and 2004 c 160 s 14 are each amended to read as follows:

      A domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed agent may, without charge, instruct licensees and their employees, or conduct courses of instruction for licensees and their employees, including chefs, on the subject of beer, wine, or spirituous liquor, including but not limited to, the history, nature, values, and characteristics of beer, wine, or spirituous liquor, the use of wine lists, and the methods of presenting, serving, storing, and handling beer, wine, or spirituous liquor, and what wines go well with different types of food. The domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed agent may furnish beer, wine, or spirituous liquor and such other equipment, materials, and utensils as may be required for use in connection with the instruction or courses of instruction. The instruction or courses of instruction may be given at the premises of the domestic brewery, microbrewery, domestic winery, distillery, or authorized representative holding a certificate of approval, at the premises of a retail licensee, or elsewhere within the state of Washington."

      On page 1, line 3 of the title, after "wine;" strike the remainder of the title and insert "amending RCW 66.28.150; and reenacting and amending RCW 66.28.010."

 

      The President declared the question before the Senate to be the motion by Senator Kohl-Welles to not adopt the committee striking amendment by the Committee on Labor, Commerce, Research & Development to House Bill No. 2240.

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

 

MOTION

 

      Senator Kohl-Welles moved that the following striking amendment by Senator Kohl-Welles be adopted:

      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)(i) Nothing in this section prohibits domestic wineries and retailers licensed under chapter 66.24 RCW from ((jointly)) producing jointly or together with regional, state, or local wine industry associations, brochures and materials promoting tourism in Washington state which contain information regarding retail licensees, domestic wineries, and their products.

(ii) Nothing in this section prohibits: (A) Domestic wineries, domestic breweries, microbreweries, and certificate of approval holders licensed under this chapter from listing on their internet web sites information related to retailers who sell or promote their products, including direct links to the retailers' internet web sites; and (B) retailers licensed under this chapter from listing on their internet web sites information related to domestic wineries, domestic breweries, microbreweries, and certificate of approval holders whose products those retailers sell or promote, including direct links to the domestic wineries', domestic breweries', microbreweries', and certificate of approval holders' web sites.

      (h) Nothing in this section prohibits the performance of personal services offered from time to time by a domestic winery or certificate of approval holder licensed under RCW 66.24.206(1)(a) for or on behalf of a licensed retail business when the personal services are (i) conducted at a licensed premises, and (ii) intended to inform, educate, or enhance customers' knowledge or experience of the manufacturer's products. The performance of personal services may include participation and pouring at the premises of a retailer holding a spirits, beer, and wine restaurant license, a wine and/or beer restaurant license, or a speciality wine shop license; bottle signings; and other similar informational or educational activities. A domestic winery or certificate of approval holder is not obligated to perform any such personal services, and a retail licensee may not require a domestic winery or certificate of approval holder to conduct any personal service as a condition for selling any alcohol to the retail licensee. Except as provided in RCW 66.28.150, the cost of sampling may not be borne, directly or indirectly, by any liquor manufacturer, importer, or distributor. 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.

      (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 subsections (1)(g) and (h) and (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 66.28.150 and 2004 c 160 s 14 are each amended to read as follows:

      A domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed agent may, without charge, instruct licensees and their employees, or conduct courses of instruction for licensees and their employees, including chefs, on the subject of beer, wine, or spirituous liquor, including but not limited to, the history, nature, values, and characteristics of beer, wine, or spirituous liquor, the use of wine lists, and the methods of presenting, serving, storing, and handling beer, wine, or spirituous liquor, and what wines go well with different types of food. The domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed agent may furnish beer, wine, or spirituous liquor and such other equipment, materials, and utensils as may be required for use in connection with the instruction or courses of instruction. The instruction or courses of instruction may be given at the premises of the domestic brewery, microbrewery, domestic winery, distillery, or authorized representative holding a certificate of approval, at the premises of a retail licensee, or elsewhere within the state of Washington."

 

      Senator Kohl-Welles spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Kohl-Welles to House Bill No. 2240.

      The motion by Senator Kohl-Welles carried and the striking amendment was adopted by voice vote.

 

MOTION

 

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

      On page 1, line 3 of the title, after "wine;" strike the remainder of the title and insert "amending RCW 66.28.150; and reenacting and amending RCW 66.28.010."

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 2240 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

MOTION

 

On motion of Senator Marr, Senators Brown, Kastama and Poulsen were excused.

      Senator Clements spoke in favor of passage of the bill.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 2240 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2240 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Brown and Murray - 2

      HOUSE BILL NO. 2240 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

The President signed:

      SUBSTITUTE SENATE BILL NO. 5032,

      SECOND SUBSTITUTE SENATE BILL NO. 5114,

      SENATE BILL NO. 5206,

      SUBSTITUTE SENATE BILL NO. 5219,

      SUBSTITUTE SENATE BILL NO. 5225,

      SUBSTITUTE SENATE BILL NO. 5244,

      SENATE BILL NO. 5258,

      SENATE BILL NO. 5259

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5373,

      SUBSTITUTE SENATE BILL NO. 5475,

      SUBSTITUTE SENATE BILL NO. 5483,

      SENATE BILL NO. 5613,

      SENATE BILL NO. 5778

      SENATE BILL NO. 5798,

      SECOND SUBSTITUTE SENATE BILL NO. 5806,

      SUBSTITUTE SENATE BILL NO. 5919,

      SENATE BILL NO. 6090,

      SENATE BILL NO. 6129,

      SUBSTITUTE SENATE BILL NO. 6141,

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8012,

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended and the Senate immediately reconsidered the vote by which House Bill No. 1994 failed to pass the Senate.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1994 on reconsideration.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1994 on reconsideration and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 1; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Honeyford, Jacobsen, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 38

      Voting nay: Senators Hobbs, Holmquist, Kastama, Kauffman, Kilmer, Marr, Poulsen, Schoesler and Sheldon - 9

      Absent: Senator Kline - 1

      Excused: Senator Murray - 1

      HOUSE BILL NO. 1994, on reconsideration, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1396, by House Committee on Transportation (originally sponsored by Representatives Flannigan, Jarrett, B. Sullivan, Upthegrove, Rodne, Eddy, Kagi, Chase and Schual-Berke)

 

      Providing a single ballot proposition for regional transportation investment districts and regional transit authorities at the 2007 general election.

 

      The measure was read the second time.

 

MOTION

 

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

      On page 6, line 17, after "RCW.", insert the following:

      "However, as part of the single ballot proposition submitted to voters under this subsection, the authority shall include in the authority's plan assurances that the authority will not enter into any agreement that would restrict the type of transit station serving the west end of the SR 520 floating bridge such that it would be unable to accommodate a comprehensive and coordinated corridor-based multimodal public transportation system to serve the SR 520 bridge area from Seattle to Redmond, including a high capacity transportation system not limited to rail service."

 

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

 

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Transportation to Substitute House Bill No. 1396.

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

 

POINT OF ORDER

 

Senator Pflug: “I believe there are more amendments on this bill that have been on the bar.”

 

MOTION

 

On motion of Senator Eide, further consideration of Substitute House Bill No. 1396 was deferred and the bill held its place on the second reading calendar.

 

SECOND READING

 

      HOUSE BILL NO. 1341, by Representatives Simpson, Curtis, Ericks and Alexander

 

      Limiting the regulation of the practice of massage by political subdivisions.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1341 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of House Bill No. 1341.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1341 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Murray - 1

      HOUSE BILL NO. 1341, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

      The Senate resumed consideration of Substitute House Bill No. 1396 which had been deferred earlier in the day.

 

MOTION

 

Senator Pflug moved that the following amendment by Senator Pflug be adopted.

      On page 3, after line 21, insert the following:

      Sec. 3. RCW 81.104.160 and 2003 c 1 s 6 (Initiative Measure No. 776, approved November 5, 2002) are each amended to read as follows:

      An agency may impose a sales and use tax ((solely)) for the purpose of providing ((high capacity)) transportation services, including replacement, improvement, and construction of highways of statewide significance, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall not exceed 2.172 percent. The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax.

      Any motor vehicle excise tax previously imposed under the provisions of RCW 81.104.160(1) shall be repealed, terminated and expire on December 5, 2002.

      Sec. 4. RCW 81.104.170 and 1997 c 450 s 5 are each amended to read as follows:

      Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, and regional transit authorities may submit an authorizing proposition to the voters and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter, ((solely)) for the purpose of providing ((high capacity)) transportation services, including replacement, improvement, and construction of highways of statewide significance.

      The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. The maximum rate of such tax shall be approved by the voters and shall not exceed one 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). The maximum rate of such tax that may be imposed shall not exceed nine-tenths of one percent in any county that imposes a tax under RCW 82.14.340, or within a regional transit authority if any county within the authority imposes a tax under RCW 82.14.340. The exemptions in RCW 82.08.820 and 82.12.820 are for the state portion of the sales and use tax and do not extend to the tax authorized in this section.

      Renumber the sections consecutively and correct any internal references accordingly.

 

      Senators Pflug and Carrell spoke in favor of adoption of the amendment.

      Senator Haugen spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Pflug on page 3, after line 21 to Substitute House Bill No. 1396.

The motion by Senator Pflug failed and the amendment was not adopted by voice vote.

 

MOTION

 

Senator Pflug moved that the following amendment by Senator Pflug be adopted.

      On page 8, after line 19, insert the following:

      "NEW SECTION. Sec. 6. The legislature finds that the replacement of the Alaskan Way Viaduct and the state route number 520 floating bridge are the highest priority transportation projects that represent an immediate threat to public safety and are vital to the economic strength of the Puget Sound region and the state as a whole. The legislature also finds that imposing tolls of seven dollars or more on the Lake Washington bridges would be a barrier to low and moderate-income households in the Puget Sound region and would serve to discourage free movement of people throughout the region.

      NEW SECTION. Sec. 7. A new section is added to chapter 81.112 RCW to read as follows:

      (1) As part of the proposition to support additional implementation phases of the regional transit authority's system and financing plan submitted to voters at the 2007 general election under RCW 36.120.070 and 81.112.030(10), the authority shall not fund any planning, development, or construction that is not described in the sound transit 2 draft package, dated January 11, 2007. In addition, the authority may not apply any revenues received from the 2007 general election under RCW 36.120.070 and 81.112.040(10) toward planning, development, construction, acquisition of right-of-way, or financing of light rail over Lake Washington. This section is not intended to limit a regional transit authority's ability to expand light rail beyond the limitation of this section after November 2007.

      (2) Revenues equal to the amount necessary to fund the expansion of light rail as proposed in the sound transit 2 draft package, dated January 11, 2007, shall be distributed to a regional transportation investment district established under chapter 36.120 RCW in accordance with section 10 of this act.

      Sec. 8. RCW 81.104.160 and 2003 c 1 s 6 are each amended to read as follows:

      An agency may impose a sales and use tax solely for the purpose of providing high capacity transportation service, except as otherwise provided in section 7 of this act, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax shall not exceed 2.172 percent. The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax.

      Any motor vehicle excise tax previously imposed under the provisions of RCW 81.104.160(1) shall be repealed, terminated and expire on December 5, 2002.

      Sec. 9. RCW 81.104.170 and 1997 c 450 s 5 are each amended to read as follows:

(1) Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, and regional transit authorities may submit an authorizing proposition to the voters and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter, solely for the purpose of providing high capacity transportation service except as otherwise provided in section 7 of this act.

(2) The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. The maximum rate of such tax shall be approved by the voters and shall not exceed one 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). The maximum rate of such tax that may be imposed shall not exceed nine-tenths of one percent in any county that imposes a tax under RCW 82.14.340, or within a regional transit authority if any county within the authority imposes a tax under RCW 82.14.340. The exemptions in RCW 82.08.820 and 82.12.820 are for the state portion of the sales and use tax and do not extend to the tax authorized in this section.

      NEW SECTION. Sec. 10. A new section is added to chapter 36.120 RCW to read as follows:

      (1) As part of the proposition to support additional implementation phases of the regional transit authority's system and financing plan submitted to voters at the 2007 general election under RCW 36.120.070 and 81.112.040(10), funds received under section 7 of this act shall be allocated to the projects listed below in the amounts described and in the following order of priority:

      (a) One billion one hundred million dollars for a tunnel replacement option for the Alaskan Way Viaduct that maintains or exceeds the current capacity.

      (i) If a tunnel replacement option is not selected, these funds shall be used to ensure the completion of the projects listed in (b) through (e) of this subsection and to fund projects described in subsection (2) of this section. Any funds that are not necessary to carry out the purposes of this section shall be returned to the regional transit authority.

      (ii) The district must reallocate these funds in accordance with subsection (2) of this section if, within one year of passage of the 2007 general election ballot measure approved in RCW 36.120.070 and RCW 81.112.040(10), local jurisdictions have not agreed to contribute seven hundred fifty million dollars in funds from local sources that may include, but are not limited to, a local improvement district and a local utility tax.

      (b) Two billion seven hundred million dollars for the improvement and replacement of the state route number 520 bridge replacement and HOV project between Interstate 5 and Interstate 405. The district must include in its ballot measure one billion one hundred million dollars for the state route number 520 floating bridge. These funds must be combined with any additional funds appropriated by federal, state, and local sources to fully fund the state route number 520 bridge replacement and improvements as designated by the district. The funding package for the state route number 520 bridge replacement and HOV project may not include tolling.

      (c) Six hundred forty million dollars for the construction of state route number 167 to the port of Tacoma in addition to any other funds provided by the plan developed by the regional transportation investment district.

       (d) One hundred thirteen million dollars for the construction of state route number 704 between Interstate 5 and state route number 7, in addition to any other funds provided by the plan developed by the regional transportation investment district.

      (e) Ninety-four million dollars for the connection of state route number 509 and Interstate 5 at Sea-Tac in addition to funds already provided by the regional transportation investment district.

      (2) Funds not necessary for the implementation of the projects in subsection (1) of this section shall be transferred to sound transit for the purpose of completing light rail to the Tacoma Dome transit center.

      Sec. 11. RCW 36.120.040 and 2006 c 311 s 6 are each amended to read as follows:

      (1) A regional transportation investment district planning committee shall adopt a regional transportation investment plan providing for the development, construction, and financing of transportation projects. The planning committee may consider the following factors in formulating its plan:

      (a) Land use planning criteria;

      (b) The input of cities located within a participating county; and

      (c) The input of regional transportation planning organizations of which a participating county is a member. A regional transportation planning organization in which a participating county is located shall review its adopted regional transportation plan and submit, for the planning committee's consideration, its list of transportation improvement priorities.

      (2) The planning committee may coordinate its activities with the department, which shall provide services, data, and personnel to assist in this planning as desired by the planning committee. In addition, the planning committee may coordinate its activities with affected cities, towns, and other local governments, including any regional transit authority existing within the participating counties' boundaries, that engage in transportation planning.

      (3) The planning committee shall:

      (a) Conduct public meetings that are needed to assure active public participation in the development of the plan;

      (b) Adopt a plan proposing the:

       (i) Creation of a regional transportation investment district, including district boundaries; and

      (ii) Construction of transportation projects to improve mobility within each county and within the region. Operations, maintenance, and preservation of facilities or systems may not be part of the plan, except for the limited purposes provided under RCW 36.120.020(8); and

      (c) Recommend sources of revenue authorized by RCW 36.120.050 and a financing plan to fund selected transportation projects. The overall plan of the district must leverage the district's financial contributions so that the federal, state, local, and other revenue sources continue to fund major congestion relief and transportation capacity improvement projects in each county and the district. A combination of local, state, and federal revenues may be necessary to pay for transportation projects, and the planning committee shall consider all of these revenue sources in developing a plan.

      (4) The plan must use tax revenues and related debt for projects that generally benefit a participating county in proportion to the general level of tax revenues generated within that participating county. This equity principle applies to all modifications to the plan, appropriation of contingency funds not identified within the project estimate, and future phases of the plan. Per agreement with a regional transit authority serving the counties participating in a district, the equity principle identified under this subsection may include using the combined district and regional transit authority revenues generated within a participating county to determine the distribution that proportionally benefits the county. Modifications made under section 10 of this act are in compliance with this equity principle. For purposes of the transportation subarea equity principle established under this subsection, a district may use the five subareas within a regional transit authority's boundaries as identified in an authority's system plan adopted in May 1996. During implementation of the plan, the board shall retain the flexibility to manage distribution of revenues, debt, and project schedules so that the district may effectively implement the plan. Nothing in this section should be interpreted to prevent the district from pledging district-wide tax revenues for payment of any contract or debt entered into under RCW 36.120.130.

       (5) Before adopting the plan, the planning committee, with assistance from the department, shall work with the lead agency to develop accurate cost forecasts for transportation projects. This project costing methodology must be integrated with revenue forecasts in developing the plan and must at a minimum include estimated project costs in constant dollars as well as year of expenditure dollars, the range of project costs reflected by the level of project design, project contingencies, identification of mitigation costs, the range of revenue forecasts, and project and plan cash flow and bond analysis. The plan submitted to the voters must provide cost estimates for each project, including reasonable contingency costs. Plans submitted to the voters must provide that the maximum amount possible of the funds raised will be used to fund projects in the plan, including environmental improvements and mitigation, and that administrative costs be minimized. If actual revenue exceeds actual plan costs, the excess revenues must be used to retire any outstanding debt associated with the plan.

      (6) If a county opts not to adopt the plan or participate in the regional transportation investment district, but two or more contiguous counties do choose to continue to participate, then the planning committee may, within ninety days, redefine the regional transportation investment plan and the ballot measure to be submitted to the people to reflect elimination of the county, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to adopt the redefined plan and participate. This action must be completed within sixty days after receipt of the redefined plan.

      (7) Once adopted by the planning committee, the plan must be forwarded to the participating county legislative authorities to initiate the election process under RCW 36.120.070. The planning committee shall at the same time provide notice to each city and town within the district, the governor, the chairs of the transportation committees of the legislature, the secretary of transportation, and each legislator whose legislative district is partially or wholly within the boundaries of the district.

      (8) If the ballot measure is not approved, the planning committee may redefine the selected transportation projects, financing plan, and the ballot measure. The county legislative authorities may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at the next election or a special election. If no ballot measure is approved by the voters by the third vote, the planning committee is dissolved.

      Sec. 12. RCW 36.120.045 and 2006 c 311 s 7 are each amended to read as follows:

      The planning committee must develop and include in the regional transportation investment plan a funding proposal for the state route number 520 bridge replacement and HOV project that assures full project funding for seismic safety and corridor connectivity on state route number 520 between Interstate 5 and Interstate 405 without assessing tolls on either state route number 520 or Interstate 90 across Lake Washington."

      Renumber the remaining sections consecutively.

      On page 8, beginning on line 24, strike all of section 7 and insert the following:

      "NEW SECTION. Sec. 7. Sections 1 through 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."

      On page 1, line 3 of the title, after "election;" strike the remainder of the title and insert "amending RCW 36.120.070, 81.112.030, 81.104.160, 81.104.170, 36.120.040, and 36.120.045; adding a new section to chapter 29A.36 RCW; adding a new section to chapter 81.112 RCW; adding a new section to chapter 36.120 RCW; creating new sections; and declaring an emergency."

 

POINT OF ORDER

 

      Senator Pflug: "I object to being accused of 'sabotage.' I'm absolutely sincere in trying to find solutions to the transportation problem in a way that is responsible to the entire state."

 

      Senator Pflug spoke in favor of adoption of the amendment.

      Senator Haugen spoke against adoption of the amendment.

 

REMARKS BY THE PRESIDENT

 

      President Owen: "Senator Haugen, you have spoken once. Senator Haugen, you can not make a point of personal privilege to argue an issue."

 

POINT OF PERSONAL PRIVILEGE

 

      Senator Haugen: "I apologize if I have offended the drafter. I did not mean her personally. I was looking at the legislation."

 

      Senator Schoesler demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator Pflug on page 8, after line 19 to Substitute House Bill No. 1396.

 

ROLL CALL

 

      The Secretary called the roll on the adoption of the amendment by Senator Pflug and the amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Roach, Schoesler, Shin, Stevens, Swecker, Tom and Zarelli - 19

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Oemig, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Spanel and Weinstein - 29

      Excused: Senator Murray - 1

 

MOTION

 

      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1396 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1396 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1396 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Swecker, Tom, Weinstein and Zarelli - 43

      Voting nay: Senators Carrell, Holmquist, McCaslin, Morton and Stevens - 5

      Excused: Senator Murray - 1

      SUBSTITUTE HOUSE BILL NO. 1396 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1747, by Representatives Simpson and Rodne

 

      Removing the deadline for regional transit authorities to acquire insurance by bid or by negotiation on certain projects.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Haugen, the rules were suspended, House Bill No. 1747 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of House Bill No. 1747.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1747 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Murray - 1

      HOUSE BILL NO. 1747, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

      On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

 

EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

 

POINT OF ORDER

 

Senator Benton: “Mr. President, normally when we suspend the ninety minute rule for dinner it’s because dinner has been arranged in the cafeteria. Can somebody tell us whether or not there is dinner on campus tonight?”

 

REPLY BY SENATOR EIDE

 

      Senator Eide: "Yes sir, there is dinner on campus this evening - just for you."

 

REMARKS BY THE PRESIDENT

 

      President Owen: "We would never deprive you."

 

REMARKS BY SENATOR BENTON

 

      Senator Benton: "It's just, as you know, difficult to leave and get back if there's less than an hour."

 

REPLY BY SENATOR EIDE

 

      Senator Eide: "Yes, we took that into consideration."

 

MOTION

 

At 5:54 p.m., on motion of Senator Eide, the Senate was recessed until 7:00 p.m.

 

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

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2164, by House Committee on Finance (originally sponsored by Representatives Dunshee, Morrell, Moeller and Ormsby)

 

      Requiring approval from state institutions of higher education to locate new or rehabilitated multiple-unit housing within the boundaries of a campus facilities master plan for property tax exemption purposes. Revised for 1st Substitute: Requiring approval from state institutions of higher education to locate new or rehabilitated multiple-unit housing within the boundaries of a campus facilities master plan for property tax exemption purposes. (REVISED FOR ENGROSSED: Requiring approval from certain state institutions of higher education to locate new or rehabilitated multiple-unit housing within the boundaries of a campus facilities master plan for property tax exemption purposes.)

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 2164 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Zarelli spoke in favor of passage of the bill.

 

MOTION

 

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

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2164.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2164 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 2; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Jacobsen, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Tom, Weinstein and Zarelli - 42

      Voting nay: Senators Holmquist, Honeyford and Swecker - 3

      Absent: Senators Kauffman and Poulsen - 2

      Excused: Senators Delvin and Parlette - 2

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2164, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Regala, Senators Kauffman and Poulsen were excused.


 

SECOND READING

 

      HOUSE BILL NO. 1224, by Representatives Kelley, Sells, Pedersen, Fromhold, Ormsby, Hasegawa, Upthegrove, Skinner, Appleton, Wallace, Roberts, Kagi, Kenney, P. Sullivan, Darneille, Simpson, McDonald, Moeller, Schual-Berke, Morrell, Green, Barlow and Lantz

 

      Regarding cost savings on course materials for community and technical college students.

 

      The measure was read the second time.

 

MOTION

 

      Senator Hatfield moved that the following striking amendment by Senators Hatfield, Delvin and Shin be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28B.10.590 and 2006 c 81 s 2 are each amended to read as follows:

      (1) The boards of regents of the state universities ((and)), the boards of trustees of the regional universities and The Evergreen State College, and the boards of trustees of each community and technical college district, in collaboration with affiliated bookstores and student and faculty representatives, shall adopt rules requiring that:

      (a) Affiliated bookstores:

      (i) Provide students the option of purchasing materials that are unbundled when possible, disclose to faculty and staff the costs to students of purchasing materials, and disclose publicly how new editions vary from previous editions;

      (ii) Actively promote and publicize book buy-back programs; and

      (iii) Disclose retail costs for course materials on a per course basis to faculty and staff and make this information publicly available; and

      (b) Faculty and staff members consider the least costly practices in assigning course materials, such as adopting the least expensive edition available when educational content is comparable as determined by the faculty and working closely with publishers and local bookstores to create bundles and packages if they deliver cost savings to students.

      (2) As used in this section:

      (a) "Materials" means any supplies or texts required or recommended by faculty or staff for a given course.

      (b) "Bundled" means a group of objects joined together by packaging or required to be purchased as an indivisible unit."

 

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hatfield, Delvin and Shin to House Bill No. 1224.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "colleges;" strike the remainder of the title and insert "and amending RCW 28B.10.590."

 

MOTION

 

      On motion of Senator Shin, the rules were suspended, House Bill No. 1224 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Shin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1224 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1224 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Absent: Senator Kline - 1

      Excused: Senator Parlette - 1

      HOUSE BILL NO. 1224 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1761, by House Committee on Capital Budget (originally sponsored by Representatives Linville, Hunter, Priest, Hunt, B. Sullivan, Upthegrove, Kessler, Sump, Hankins, Jarrett, Fromhold, Appleton, Rolfes, Darneille, Campbell, Conway, Green, O'Brien, Schual-Berke, Simpson, Ormsby and Chase)

 

      Accelerating the cleanup of Puget Sound and hazardous waste and waste sites in the state. Revised for 1st Substitute: Regarding cleanup of hazardous waste.

 

      The measure was read the second time.

 

MOTION

 

      Senator Poulsen moved that the following committee striking amendment by the Committee on Water, Energy & Telecommunications be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 70.105D.030 and 2002 c 288 s 3 are each amended to read as follows:

      (1) The department may exercise the following powers in addition to any other powers granted by law:

      (a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release. If there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents, or contractors may enter upon any property and conduct investigations. The department shall give reasonable notice before entering property unless an emergency prevents such notice. The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;


      (b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including investigations under (a) of this subsection) to remedy releases or threatened releases of hazardous substances. In carrying out such powers, the department's authorized employees, agents, or contractors may enter upon property. The department shall give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department shall give preference to permanent solutions to the maximum extent practicable and shall provide for or require adequate monitoring to ensure the effectiveness of the remedial action;

       (c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or wilful misconduct;

      (d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;

      (e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(7) and classify substances and products as hazardous substances for purposes of RCW 82.21.020(1);

      (f) Issue orders or enter into consent decrees or agreed orders that include, or issue written opinions under (i) of this subsection that may be conditioned upon, deed restrictions where necessary to protect human health and the environment from a release or threatened release of a hazardous substance from a facility. Prior to establishing a deed restriction under this subsection, the department shall notify and seek comment from a city or county department with land use planning authority for real property subject to a deed restriction;

      (g) Enforce the application of permanent and effective institutional controls that are necessary for a remedial action to be protective of human health and the environment and the notification requirements established in RCW 70.105D.110, and impose penalties for violations of that section consistent with RCW 70.105D.050;

      (h) Require holders to conduct remedial actions necessary to abate an imminent or substantial endangerment pursuant to RCW 70.105D.020(12)(b)(ii)(C);

      (i) Provide informal advice and assistance to persons regarding the administrative and technical requirements of this chapter. This may include site-specific advice to persons who are conducting or otherwise interested in independent remedial actions. Any such advice or assistance shall be advisory only, and shall not be binding on the department. As a part of providing this advice and assistance for independent remedial actions, the department may prepare written opinions regarding whether the independent remedial actions or proposals for those actions meet the substantive requirements of this chapter or whether the department believes further remedial action is necessary at the facility. The department may collect, from persons requesting advice and assistance, the costs incurred by the department in providing such advice and assistance; however, the department shall, where appropriate, waive collection of costs in order to provide an appropriate level of technical assistance in support of public participation. The state, the department, and officers and employees of the state are immune from all liability, and no cause of action of any nature may arise from any act or omission in providing, or failing to provide, informal advice and assistance; and

      (j) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter 34.05 RCW.

      (2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate. The department shall adopt, and thereafter enforce, rules under chapter 34.05 RCW to:

      (a) Provide for public participation, including at least (i) public notice of the development of investigative plans or remedial plans for releases or threatened releases and (ii) concurrent public notice of all compliance orders, agreed orders, enforcement orders, or notices of violation;

      (b) Establish a hazard ranking system for hazardous waste sites;

      (c) Provide for requiring the reporting by an owner or operator of releases of hazardous substances to the environment that may be a threat to human health or the environment within ninety days of discovery, including such exemptions from reporting as the department deems appropriate, however this requirement shall not modify any existing requirements provided for under other laws;

      (d) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives notice or otherwise receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site;

      (e) Publish and periodically update minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law; and

       (f) Apply industrial clean-up standards at industrial properties. Rules adopted under this subsection shall ensure that industrial properties cleaned up to industrial standards cannot be converted to nonindustrial uses without approval from the department. The department may require that a property cleaned up to industrial standards is cleaned up to a more stringent applicable standard as a condition of conversion to a nonindustrial use. Industrial clean-up standards may not be applied to industrial properties where hazardous substances remaining at the property after remedial action pose a threat to human health or the environment in adjacent nonindustrial areas.

      (3) To achieve and protect the state's long-term ecological health, the department shall prioritize sufficient funding to clean up hazardous waste sites and prevent the creation of future hazards due to improper disposal of toxic wastes, and create financing tools to clean up large-scale hazardous waste sites requiring multiyear commitments. To effectively monitor toxic accounts expenditures, the department shall develop a comprehensive ten-year financing report that identifies long-term remedial action project costs, tracks expenses, and projects future needs.

      (4) Before ((November 1st)) December 20th of each even-numbered year, the department shall ((develop, with public notice and hearing, and submit to)):

      (a) Develop a comprehensive ten-year financing report in coordination with all local governments with clean-up responsibilities that identifies the projected biennial hazardous waste site remedial action needs that are eligible for funding from the local toxics control account;

      (b) Work with local governments to develop working capital reserves to be incorporated in the ten-year financing report;

      (c) Identify the projected remedial action needs for orphaned, abandoned, and other clean-up sites that are eligible for funding from the state toxics control account;

      (d) Project the remedial action need, cost, revenue, and any recommended working capital reserve estimate to the next biennium's long-term remedial action needs from both the local toxics control account and the state toxics control account, and submit this information to the ((ways and means and)) appropriate standing fiscal and environmental committees of the senate and house of representatives ((a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics control accounts. The department shall also)). This submittal must also include a ranked list of such remedial action projects for both accounts; and

      (e) Provide the legislature and the public each year with an accounting of the department's activities supported by appropriations from the state and local toxics control accounts, including a list of known hazardous waste sites and their hazard rankings, actions taken and planned at each site, how the department is meeting its ((top two)) waste management priorities under RCW 70.105.150, and all funds expended under this chapter.

      (((4))) (5) The department shall establish a scientific advisory board to render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the classification of substances as hazardous substances for purposes of RCW 70.105D.020(7) and the classification of substances or products as hazardous substances for purposes of RCW 82.21.020(1). The board shall consist of five independent members to serve staggered three-year terms. No members may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (((5))) (6) The department shall establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites.

      Sec. 2. RCW 70.105D.070 and 2005 c 488 s 926 are each amended to read as follows:

      (1) The state toxics control account and the local toxics control account are hereby created in the state treasury.

      (2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature. Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:

      (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;

      (ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;

      (iii) The hazardous waste cleanup program required under this chapter;

      (iv) State matching funds required under the federal cleanup law;

      (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;

      (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;

      (vii) Hazardous materials emergency response training;

      (viii) Water and environmental health protection and monitoring programs;

      (ix) Programs authorized under chapter 70.146 RCW;

      (x) A public participation program, including regional citizen advisory committees;

      (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and

      (xii) Development and demonstration of alternative management technologies designed to carry out the ((top two)) hazardous waste management priorities of RCW 70.105.150.

      (3) The following moneys shall be deposited into the local toxics control account: Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.

       (a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority: (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW; (iv) funds for a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such sites, consistent with the responsibilities and intent of RCW 69.50.511; and (v) cleanup and disposal of hazardous substances from abandoned or derelict vessels that pose a threat to human health or the environment. For purposes of this subsection (3)(a)(v), "abandoned or derelict vessels" means vessels that have little or no value and either have no identified owner or have an identified owner lacking financial resources to clean up and dispose of the vessel. Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW. During the 1999-2001 fiscal biennium, moneys in the account may also be used for the following activities: Conducting a study of whether dioxins occur in fertilizers, soil amendments, and soils; reviewing applications for registration of fertilizers; and conducting a study of plant uptake of metals. During the 2005-2007 fiscal biennium, the legislature may transfer from the local toxics control account to the state toxics control account such amounts as specified in the omnibus capital budget bill. During the 2005-2007 fiscal biennium, moneys in the account may also be used for grants to local governments to retrofit public sector diesel equipment and for storm water planning and implementation activities.

      (b) Funds may also be appropriated to the department of health to implement programs to reduce testing requirements under the federal safe drinking water act for public water systems. The department of health shall reimburse the account from fees assessed under RCW 70.119A.115 by June 30, 1995.

(c) To expedite cleanups throughout the state, the department shall partner with local communities and liable parties for cleanups. The department is authorized to use the following additional strategies in order to ensure a healthful environment for future generations:

       (i) The director may alter grant-matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:

      (A) Funding would prevent or mitigate unfair economic hardship imposed by the clean-up liability;

      (B) Funding would create new substantial economic development, public recreational, or habitat restoration opportunities that would not otherwise occur; or

      (C) Funding would create an opportunity for acquisition and redevelopment of vacant, orphaned, or abandoned property under RCW 70.105D.040(5) that would not otherwise occur;

      (ii) The use of outside contracts to conduct necessary studies;

      (iii) The purchase of remedial action cost-cap insurance, when necessary to expedite multiparty clean-up efforts.

      (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.

      (5) One percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. However, during the 1999-2001 fiscal biennium, funding may not be granted to entities engaged in lobbying activities, and applicants may not be awarded grants if their cumulative grant awards under this section exceed two hundred thousand dollars. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.

      (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.

      (7) The department shall adopt rules for grant or loan issuance and performance.

       (8) During the 2005-2007 fiscal biennium, the legislature may transfer from the state toxics control account to the water quality account such amounts as reflect the excess fund balance of the fund."

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Water, Energy & Telecommunications to Substitute House Bill No. 1761.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "cleanups;" strike the remainder of the title and insert "and amending RCW 70.105D.030 and 70.105D.070."

 

MOTION

 

      On motion of Senator Poulsen, the rules were suspended, Substitute House Bill No. 1761 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Poulsen and Honeyford spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1761 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1761 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Absent: Senator Kline - 1

      SUBSTITUTE HOUSE BILL NO. 1761 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Regala, Senator Kline was excused.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1826, by House Committee on Health Care & Wellness (originally sponsored by Representatives Seaquist, Hinkle, Morrell, Moeller and Ormsby)

 

      Modifying provisions affecting medical benefits.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1826 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1826.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1826 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Kline - 1

      SUBSTITUTE HOUSE BILL NO. 1826, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1722, by Representatives Conway, Curtis, Moeller, Darneille, Wood and Simpson

 

      Clarifying the authority of physician assistants to execute certain certificates and other forms for labor and industries.

 

      The measure was read the second time.

 

MOTION

 

      Senator Keiser moved that the following striking amendment by Senators Keiser and Pflug be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 51.28 RCW to read as follows:

      The department shall accept the signature of a physician assistant on any certificate, card, form, or other documentation required by the department that the physician assistant's supervising physician or physicians may sign, provided that it is within the physician assistant's scope of practice, and is consistent with the terms of the physician assistant's practice arrangement plan as required by chapters 18.57A and 18.71A RCW. Consistent with the terms of this section, the authority of a physician assistant to sign such certificates, cards, forms, or other documentation includes, but is not limited to, the execution of the certificate required in RCW 51.28.020. A physician assistant may not rate a worker's permanent partial disability under RCW 51.32.055.

      NEW SECTION. Sec. 2. By December 1, 2008, the department of labor and industries shall report to the legislature on implementation of this act, including but not limited to the effects of this act on injured worker outcomes, claim costs, and disputed claims.

      NEW SECTION. Sec. 3. 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 July 1, 2007."

 

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Keiser and Pflug to House Bill No. 1722.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "industries;" strike the remainder of the title and insert "adding a new section to chapter 51.28 RCW; creating a new section; providing an effective date; and declaring an emergency."

 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1722 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Keiser spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1722 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1722 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1722 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1888, by Representatives Linville, Newhouse, Grant, Hailey and B. Sullivan

 

      Regarding Brassica seed production.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1888 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Schoesler spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Marr, Senator Kastama was excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1888.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1888 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Kastama - 1

      HOUSE BILL NO. 1888, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1431, by Representatives Goodman, Lantz, O'Brien, Rodne, Moeller and Hasegawa

 

      Changing certificate of discharge requirements.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Regala, the rules were suspended, House Bill No. 1431 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1431.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1431 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      HOUSE BILL NO. 1431, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1642, by House Committee on Judiciary (originally sponsored by Representatives Pedersen, Lantz, Williams, Moeller, Wood, Kirby, O'Brien, Chase, Ormsby and Green)

 

      Concerning criminal violations of no-contact orders, protection orders, and restraining orders.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1642 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1642.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1642 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SUBSTITUTE HOUSE BILL NO. 1642, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1135, by House Committee on Local Government (originally sponsored by Representatives Appleton, Rolfes, Lantz, Seaquist and Clibborn)

 

      Allowing certain cities to designate aquifer conservation zones.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Rockefeller, the rules were suspended, Substitute House Bill No. 1135 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Rockefeller spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1135.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1135 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SUBSTITUTE HOUSE BILL NO. 1135, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1677, by House Committee on Appropriations (originally sponsored by Representatives Quall, Rodne, Dunshee, Ormsby, B. Sullivan, Hurst, Chase, Hunt, P. Sullivan, Pettigrew, Lovick, Jarrett, McCoy, Anderson, Upthegrove, Santos, Sells, Conway and Rolfes)

 

      Creating the outdoor education and recreation grant program for schools and others.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Tom, the rules were suspended, Second Substitute House Bill No. 1677 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Tom and Holmquist spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1677.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1677 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49


      SECOND SUBSTITUTE HOUSE BILL NO. 1677, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1052, by House Committee on State Government & Tribal Affairs (originally sponsored by Representatives Upthegrove, Hudgins, Pedersen, P. Sullivan, Wallace and Morris)

 

      Modifying the legislative youth advisory council.

 

      The measure was read the second time.

 

MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Early Learning & K-12 Education be not adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the legislative youth advisory council provides a unique opportunity for middle and high school students to be actively involved in government. Councilmembers not only learn about, but exercise, the core values and democratic principles of our state and nation, along with the rights and responsibilities of citizenship and democratic civic involvement. As such, they are engaged in authentic practice of the essential academic learning requirements in civics. In the short time since its creation, the legislative youth advisory council has studied, debated, and begun to formulate positions and recommendations on such important topics as education reform, school finance, public school learning environments, health and fitness education, and standardized testing. The legislature continues to stress the importance of civics education and support the type of civic involvement by students exemplified by the legislative youth advisory council. The legislature intends to make improvements to the program and expand the opportunities for students to participate by creating regional councils.

      Sec. 2. RCW 28A.300.801 and 2005 c 355 s 1 are each amended to read as follows:

      (1) ((The)) Nine regional legislative youth advisory councils ((is)) are established to examine issues of importance to youth, including but not limited to education, employment, strategies to increase youth participation in state and municipal government, safe environments for youth, substance abuse, emotional and physical health, foster care, poverty, homelessness, and youth access to services on a statewide and municipal basis. The boundaries of the nine regional councils shall be the same as the boundaries of the nine educational service districts.

      (2) ((The council consists of twenty-two members as provided in this subsection who, at the time of appointment, are aged fourteen to eighteen. The council shall select a chair from among its members.

      (a) Five members shall be selected by each of the two major caucuses in the senate, appointed by the secretary of the senate.

      (b) Five members shall be selected by each of the two major caucuses in the house of representatives, appointed by the chief clerk of the house of representatives.

      (c) The governor shall appoint two members)) Each regional council shall consist of at least five but no more than twelve members who, at the time of appointment, are students age fourteen to eighteen. Students may apply to the program by completing an application form and submitting the form to the office of the lieutenant governor. The lieutenant governor is encouraged to make the application forms available online. Students are encouraged to seek a letter of recommendation from a local state legislator to submit with the application.

      (3)(a) Except for initial members, members shall serve two-year terms, and if eligible, may be reappointed for subsequent two-year terms. One-half of the initial members shall be appointed to one-year terms, and these appointments shall be made in such a way as to preserve overall representation on the committee.

(b) By July 2, 2007, and annually thereafter, students may apply to be considered for participation in the program by completing an online application form and submitting the application to the legislative youth advisory council's student application review committee. The student application review committee shall be selected by the current youth council participants. The application review committee shall be made up of members of the current legislative youth advisory council. The student application review committee shall be responsible for developing the selection criteria, establishing an application review process, and selecting the pool of recommended candidates that will be submitted to the educational service district contact person for final selection. When the educational service district has made its final selection of candidates for the program, it shall submit the names to the office of the lieutenant governor. The office of the lieutenant governor shall notify all applicants of the final selections.

      (c) The office of the lieutenant governor shall make the application available by hard copy and online.

      (4) ((The)) Each regional council shall have the following duties:

      (a) Selecting a chair from among the regional councilmembers;

      (b) Meeting three times a year at the educational service district within the region to discuss policy issues of importance to youth. Each regional council shall consider conducting at least some of the meetings via the K-20 telecommunications network. Councils are encouraged to invite local state legislators to participate in the meetings. Each regional council is encouraged to poll other students in order to get a broad perspective on the various issues. The regional councils are encouraged to use technology to conduct the polling, including the council's web site, if the council has a web site;

      (c) Advising the legislature on proposed and pending legislation((, including state budget expenditures)) and policy matters relating to youth;

      (((b) Advising the standing committees of the legislature and study commissions, committees, and task forces regarding issues relating to youth;

      (c) Conducting periodic seminars for its members regarding leadership, government, and the legislature; and))

      (d) Selecting one member to attend a state meeting to present information to the lieutenant governor and members of the legislature. The presentation could include proposals that a legislator could subsequently have drafted as legislation;

      (e) Accepting grants and donations from public and private sources to support the activities of the council; and

(f) Reporting annually by December 1st to the legislature on its activities, including proposed legislation that implements recommendations of the council.

      (5) ((In carrying out its duties under subsection (4) of this section, the council may meet at least three times but not more than six times per year, including not more than two public hearings on issues of importance to youth.

       (6))) Regional councilmembers shall not receive per diem but shall be reimbursed as provided in RCW 43.03.050 and 43.03.060 only for travel and expenses incurred to attend the state meeting.

      (((7))) (6) The ((office of superintendent of public instruction)) educational service districts shall provide administration, coordination, and facilitation assistance to the regional councils. ((The senate and house of representatives may provide policy and fiscal briefings and assistance with drafting proposed legislation. The senate and the house of representatives shall each develop internal policies relating to staff assistance provided to the council. Such policies may include applicable internal personnel and practices guidelines, resource use and expense reimbursement guidelines, and applicable ethics mandates. Provision of funds, resources, and staff, as well as the assignment and direction of staff, remains at all times within the sole discretion of the chamber making the provision)) Each educational service district shall consider creating a web site for the regional council on the web site of the educational service district and is encouraged to conduct outreach to students to publicize the program. Each educational service district is encouraged with private and nonprofit youth organizations to conduct outreach to students and to promote the program.

      (((8))) (7) The office of the lieutenant governor, with assistance from the educational service districts, shall provide the administration, coordination, and facilitation assistance for the state meeting.

      (8) The ((office of superintendent of public instruction, the)) educational service districts, office of the lieutenant governor, legislature, any agency of the legislature, and any official or employee of such office or agency are immune from liability for any injury that is incurred by or caused by a member of the regional youth advisory councils ((and)) that occurs while the member of ((the)) a council is performing duties of ((the)) a council or is otherwise engaged in activities or receiving services for which reimbursement is allowed under subsection (((6))) (5) of this section. The immunity provided by this subsection does not apply to an injury intentionally caused by the act or omission of an employee or official of the superintendent of public instruction or the legislature or any agency of the legislature.

       (9) This section expires June 30, ((2007)) 2009.

      NEW SECTION. Sec. 3. RCW 28A.300.801 is recodified as a section in chapter 28A.310 RCW.

      NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      On page 1, line 2 of the title, after "council;" strike the remainder of the title and insert "amending RCW 28A.300.801; adding a new section to chapter 28A.310 RCW; creating a new section; recodifying RCW 28A.300.801; providing an expiration date; and declaring an emergency."

 

      The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the committee striking amendment by the Committee on Early Learning & K-12 Education to Engrossed Substitute House Bill No. 1052.

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

 

MOTION

 

      Senator McAuliffe moved that the following striking amendment by Senators McAuliffe and Holmquist be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the legislative youth advisory council provides a unique opportunity for middle and high school students to be actively involved in government. Council members not only learn about, but exercise, the core values and democratic principles of our state and nation, along with the rights and responsibilities of citizenship and democratic civic involvement. As such, they are engaged in authentic practice of the essential academic learning requirements in civics. In the short time since its creation, the legislative youth advisory council has studied, debated, and begun to formulate positions and recommendations on such important topics as education reform, school finance, public school learning environments, health and fitness education, and standardized testing. The legislature continues to stress the importance of civics education and support the type of civic involvement by students exemplified by the legislative youth advisory council.

      Sec. 2. RCW 28A.300.801 and 2005 c 355 s 1 are each amended to read as follows:

      (1) The legislative youth advisory council is established to examine issues of importance to youth, including but not limited to education, employment, strategies to increase youth participation in state and municipal government, safe environments for youth, substance abuse, emotional and physical health, foster care, poverty, homelessness, and youth access to services on a statewide and municipal basis.

      (2) The council consists of twenty-two members as provided in this subsection who, at the time of appointment, are aged fourteen to eighteen. The council shall select a chair from among its members.

       (((a) Five members shall be selected by each of the two major caucuses in the senate, appointed by the secretary of the senate.

      (b) Five members shall be selected by each of the two major caucuses in the house of representatives, appointed by the chief clerk of the house of representatives.

      (c) The governor shall appoint two members.))

      (3) Except for initial members, members shall serve two-year terms, and if eligible, may be reappointed for subsequent two-year terms. One-half of the initial members shall be appointed to one-year terms, and these appointments shall be made in such a way as to preserve overall representation on the committee.

      (4)(a) By July 2, 2007, and annually thereafter, students may apply to be considered for participation in the program by completing an online application form and submitting the application to the legislative youth advisory council. The council may develop selection criteria and an application review process. The council shall recommend candidates whose names will be submitted to the office of the lieutenant governor for final selection. The office of the lieutenant governor shall notify all applicants of the final selections.

      (b) The office of the lieutenant governor shall make the application available on the lieutenant governor's web site.

(5) The council shall have the following duties:

      (a) Advising the legislature on proposed and pending legislation, including state budget expenditures and policy matters relating to youth;

      (b) Advising the standing committees of the legislature and study commissions, committees, and task forces regarding issues relating to youth;

      (c) Conducting periodic seminars for its members regarding leadership, government, and the legislature; ((and))

      (d) Accepting grants and donations from public and private sources to support the activities of the council; and

(e) Reporting annually by December 1st to the legislature on its activities, including proposed legislation that implements recommendations of the council.

      (((5))) (6) In carrying out its duties under ((subsection (4) of)) this section, the council may meet at least three times but not more than six times per year((, including not more than two public hearings on issues of importance to youth)). The council shall consider conducting at least some of the meetings via the K-20 telecommunications network. Councils are encouraged to invite local state legislators to participate in the meetings. The council is encouraged to poll other students in order to get a broad perspective on the various issues. The council is encouraged to use technology to conduct the polling, including the council's web site, if the council has a web site.

      (((6))) (7) Members shall be reimbursed as provided in RCW 43.03.050 and 43.03.060.

      (((7))) (8) The office of superintendent of public instruction shall provide administration, coordination, and facilitation assistance to the council. The senate and house of representatives may provide policy and fiscal briefings and assistance with drafting proposed legislation. The senate and the house of representatives shall each develop internal policies relating to staff assistance provided to the council. Such policies may include applicable internal personnel and practices guidelines, resource use and expense reimbursement guidelines, and applicable ethics mandates. Provision of funds, resources, and staff, as well as the assignment and direction of staff, remains at all times within the sole discretion of the chamber making the provision.

      (((8))) (9) The office of the lieutenant governor, the office of superintendent of public instruction, the legislature, any agency of the legislature, and any official or employee of such office or agency are immune from liability for any injury that is incurred by or caused by a member of the youth advisory council and that occurs while the member of the council is performing duties of the council or is otherwise engaged in activities or receiving services for which reimbursement is allowed under subsection (((6))) (7) of this section. The immunity provided by this subsection does not apply to an injury intentionally caused by the act or omission of an employee or official of the superintendent of public instruction or the legislature or any agency of the legislature.

      (((9))) (10) This section expires June 30, ((2007)) 2009.

      NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

 

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

 

MOTION

 

Senator Kilmer moved that the following amendment by Senators Kilmer, McAuliffe and Holmquist to the striking amendment be adopted.

      On page 3, after line 35 of the amendment, insert the following:

      "NEW SECTION. Sec. 3. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) The civic education travel grant program is created to provide travel grants to students participating in statewide, regional, national, or international civic education competitions or events.

      (2) The superintendent of public instruction shall allocate grants under the program established in this section from private donations or with amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis.

      (3) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications.

      (4) The superintendent of public instruction shall select grant recipients from student applicants that meet all of the following criteria:

      (a) Students must be residents of the state of Washington;

      (b) Students must use the grants to fund travel to civic education-based competitions or events;

      (c) Students must be participants in the civic education competition or event; and

      (d) Students must be under the age of twenty-one and not yet have received their high school diploma.

      (5) Students are encouraged to seek matching funds, in-kind contributions, or other sources of support to supplement their travel expenses.

      (6) Applicants must include in the grant application the following:

       (a) A brief description of the civic education competition or event;

      (b) A brief description of what the applicant expects to learn from the competition or event;

      (c) The total travel costs and how much the applicant is requesting from the program; and

      (d) The total amount of matching funds the applicant has already secured or expects to secure.

      (7) The superintendent of public instruction may adopt other criteria as appropriate for the review of grant proposals. In reviewing student applications for funding, scoring shall be based on an evaluation of all application materials that may be requested of applicants. The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill the program's goal. Final grant awards may be for the full amount of the grant request or for a portion of the grant request.

      (8) The office of the superintendent of public instruction may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms."

      Renumber the remaining section consecutively and correct any internal references accordingly.

 

      Senator Kilmer spoke in favor of adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Kilmer, McAuliffe and Holmquist on page 3, after line 35 to the striking amendment to Engrossed Substitute House Bill No. 1052.

The motion by Senator Kilmer carried and the amendment to the striking amendment was adopted by voice vote.

 

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe and Holmquist as amended to Engrossed Substitute House Bill No. 1052.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "council;" strike the remainder of the title and insert "amending RCW 28A.300.801; creating a new section; providing an expiration date; and declaring an emergency."

      On page 4, line 5 of the title amendment, after "28A.300.801;" insert "adding a new section to chapter 28A.300 RCW;"

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute House Bill No. 1052 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Holmquist spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1052 as amended by the Senate.


 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1052 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 1; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Sheldon, Shin, Spanel, Swecker, Tom and Weinstein - 44

      Voting nay: Senators Honeyford, Schoesler, Stevens and Zarelli - 4

      Absent: Senator Pridemore - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1052 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED HOUSE BILL NO. 2070, by Representatives O'Brien, Goodman and Pearson

 

      Concerning exceptional sentences.

 

      The measure was read the second time.

 

MOTION

 

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. In State v. Pillatos, 150 P.3d 1130 (2007), the Washington supreme court held that the changes made to the sentencing reform act concerning exceptional sentences in chapter 68, Laws of 2005 do not apply to cases where the trials had already begun or guilty pleas had already been entered prior to the effective date of the act on April 15, 2005. The legislature intends that the superior courts shall have the authority to impanel juries to find aggravating circumstances in all cases that come before the courts for trial or sentencing, regardless of the date of the original trial or sentencing.

      Sec. 2. RCW 9.94A.537 and 2005 c 68 s 4 are each amended to read as follows:

      (1) At any time prior to trial or entry of the guilty plea if substantial rights of the defendant are not prejudiced, the state may give notice that it is seeking a sentence above the standard sentencing range. The notice shall state aggravating circumstances upon which the requested sentence will be based.

      (2) In any case where an exceptional sentence above the standard range was imposed and where a new sentencing hearing is required, the superior court may impanel a jury to consider any alleged aggravating circumstances listed in RCW 9.94A.535(3), that were relied upon by the superior court in imposing the previous sentence, at the new sentencing hearing.

      (3) The facts supporting aggravating circumstances shall be proved to a jury beyond a reasonable doubt. The jury's verdict on the aggravating factor must be unanimous, and by special interrogatory. If a jury is waived, proof shall be to the court beyond a reasonable doubt, unless the defendant stipulates to the aggravating facts.

       (((3))) (4) Evidence regarding any facts supporting aggravating circumstances under RCW 9.94A.535(3) (a) through (y) shall be presented to the jury during the trial of the alleged crime, unless the jury has been impaneled solely for resentencing, or unless the state alleges the aggravating circumstances listed in RCW 9.94A.535(3) (e)(iv), (h)(i), (o), or (t). If one of these aggravating circumstances is alleged, the trial court may conduct a separate proceeding if the evidence supporting the aggravating fact is not part of the res geste of the charged crime, if the evidence is not otherwise admissible in trial of the charged crime, and if the court finds that the probative value of the evidence to the aggravated fact is substantially outweighed by its prejudicial effect on the jury's ability to determine guilt or innocence for the underlying crime.

      (((4))) (5) If the superior court conducts a separate proceeding to determine the existence of aggravating circumstances listed in RCW 9.94A.535(3) (e)(iv), (h)(i), (o), or (t), the proceeding shall immediately follow the trial on the underlying conviction, if possible. If any person who served on the jury is unable to continue, the court shall substitute an alternate juror.

      (((5))) (6) If the jury finds, unanimously and beyond a reasonable doubt, one or more of the facts alleged by the state in support of an aggravated sentence, the court may sentence the offender pursuant to RCW 9.94A.535 to a term of confinement up to the maximum allowed under RCW 9A.20.021 for the underlying conviction if it finds, considering the purposes of this chapter, that the facts found are substantial and compelling reasons justifying an exceptional sentence.

      NEW SECTION. Sec. 3. 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."

 

MOTION

 

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

      On page 2, after line 26 of the amendment, insert the following:

      Sec. 3. RCW 9.94A.030 and 2006 c 139 s 5, 2006 c 124 s 1, 2006 c 122 s 7, and 2006 c 73 s 5 are each reenacted and amended to read as follows:

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

  (1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.

  (2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

  (3) "Commission" means the sentencing guidelines commission.

 (4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

   (5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.

     (6) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.850, for crimes committed on or after July 1, 2000.

       (7) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

    (8) "Community protection zone" means the area within eight hundred eighty feet of the facilities and grounds of a public or private school.

       (9) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.

       (10) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

   (11) "Confinement" means total or partial confinement.

   (12) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

       (13) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

   (14) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere.

    (a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

    (b) A conviction may be removed from a defendant's criminal history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon.

    (c) The determination of a defendant's criminal history is distinct from the determination of an offender score. A prior conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform act remains part of the defendant's criminal history.

    (15) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

   (16) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.

    (17) "Department" means the department of corrections.

   (18) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

    (19) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

    (20) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.

   (21) "Drug offense" means:

   (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.4013) or forged prescription for a controlled substance (RCW 69.50.403);

   (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

   (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

  (22) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.

   (23) "Escape" means:

    (a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

   (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

  (24) "Felony traffic offense" means:

  (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-run injury-accident (RCW 46.52.020(4)), felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)); or

   (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

    (25) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

  (26) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.

  (27) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

  (28) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.

  (29) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

    (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

     (b) Assault in the second degree;

     (c) Assault of a child in the second degree;

     (d) Child molestation in the second degree;

     (e) Controlled substance homicide;

     (f) Extortion in the first degree;

     (g) Incest when committed against a child under age fourteen;

     (h) Indecent liberties;

     (i) Kidnapping in the second degree;

     (j) Leading organized crime;

     (k) Manslaughter in the first degree;

     (l) Manslaughter in the second degree;

     (m) Promoting prostitution in the first degree;

     (n) Rape in the third degree;

     (o) Robbery in the second degree;

     (p) Sexual exploitation;

     (q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;

     (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

     (s) Any other class B felony offense with a finding of sexual motivation;

     (t) Any other felony with a deadly weapon verdict under RCW 9.94A.602;

     (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;

     (v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

  (ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997;

    (w) Any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was ten years or more.

     (30) "Nonviolent offense" means an offense which is not a violent offense.

   (31) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

     (32) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.

     (33) "Persistent offender" is an offender who:

     (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

     (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

     (b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (33)(b)(i); and

    (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.

     (34) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

     (35) "Predatory" means: (a) The perpetrator of the crime was a stranger to the victim, as defined in this section; (b) the perpetrator established or promoted a relationship with the victim prior to the offense and the victimization of the victim was a significant reason the perpetrator established or promoted the relationship; or (c) the perpetrator was: (i) A teacher, counselor, volunteer, or other person in authority in any public or private school and the victim was a student of the school under his or her authority or supervision. For purposes of this subsection, "school" does not include home-based instruction as defined in RCW 28A.225.010; (ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision; or (iii) a pastor, elder, volunteer, or other person in authority in any church or religious organization, and the victim was a member or participant of the organization under his or her authority.

     (36) "Private school" means a school regulated under chapter 28A.195 or 28A.205 RCW.

       (37) "Public school" has the same meaning as in RCW 28A.150.010.

       (38) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.

     (39) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.

     (40) "Serious traffic offense" means:

     (a) Nonfelony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), nonfelony actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

     (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

     (41) "Serious violent offense" is a subcategory of violent offense and means:

     (a)(i) Murder in the first degree;

     (ii) Homicide by abuse;

     (iii) Murder in the second degree;

     (iv) Manslaughter in the first degree;

     (v) Assault in the first degree;

     (vi) Kidnapping in the first degree;

     (vii) Rape in the first degree;

     (viii) Assault of a child in the first degree; or

     (ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

     (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

     (42) "Sex offense" means:

     (a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(11);

     (ii) A violation of RCW 9A.64.020;

     (iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.080; or

    (iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

    (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;

     (c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or

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

     (43) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

  (44) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

     (45) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.

   (46) "Stranger" means that the victim did not know the offender twenty-four hours before the offense.

  (47) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

   (48) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

  (49) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

    (50) "Violent offense" means:

     (a) Any of the following felonies:

     (i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;

     (ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;

     (iii) Manslaughter in the first degree;

     (iv) Manslaughter in the second degree;

     (v) Indecent liberties if committed by forcible compulsion;

     (vi) Kidnapping in the second degree;

     (vii) Arson in the second degree;

     (viii) Assault in the second degree;

     (ix) Assault of a child in the second degree;

     (x) Extortion in the first degree;

     (xi) Robbery in the second degree;

     (xii) Drive-by shooting;

     (xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and

     (xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

     (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

     (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

     (51) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.

     (52) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

     (53) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school."

      Renumber the sections consecutively and correct any internal references accordingly.

 

      Senators Benton and Kline spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Hargrove and Kline on page 2, after line 26 to the committee striking amendment to Engrossed House Bill No. 2070.

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

 

MOTION

 

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

      On page 2, after line 26 of the amendment, insert the following:

      NEW SECTION. Sec. 3. (1) The task force on sentencing of persistent offenders is hereby created for the purpose of conducting a review of the crimes considered a most serious offense. The objectives of the task force are to:

    (a) Examine existing evidence concerning the types of offenses committed by individuals convicted only of the crimes of assault in the second degree and robbery in the second degree and sentenced to life in prison as a persistent offender;

     (b) Evaluate whether the inclusion of assault in the second degree and robbery in the second degree as crimes classified as most serious offenses has resulted in disproportionate sentencing of individuals; and

   (c) Assess the objectives of the three-strikes law and evaluate whether the crimes of assault in the second degree and robbery in the second degree should continue to be classified as most serious offenses.

    (2) The task force shall be composed of:

    (a) One member of each of the two largest caucuses of the senate, appointed by the president of the senate;

    (b) One member of each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;

   (c) One police chief appointed by the Washington association of sheriffs and police chiefs;

   (d) One representative of the Washington association of criminal defense lawyers;

    (e) One representative of the Washington association of prosecuting attorneys; and

    (f) One representative of the Washington coalition of crime victim advocates.

    (3) Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

  (4) The task force shall make a report, together with any recommendations, to the legislature not later than December 31, 2007.

      NEW SECTION. Sec. 4. Section 3 of this act expires June 30, 2008."

      Renumber the sections consecutively and correct any internal references accordingly.

 

      Senators Benton and Kline spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Kline, Hargrove and Benton on page 2, after line 26 to the committee striking amendment to Engrossed House Bill No. 2070.

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

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary as amended to Engrossed House Bill No. 2070.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "sentences;" strike the remainder of the title and insert "amending RCW 9.94A.537; creating a new section; and declaring an emergency."

      On page 3, line 1 of the title amendment, after "sentences;" strike the remainder of the title amendment and insert "amending RCW 9.94A.537; reenacting and amending RCW 9.94A.030; creating new sections; and declaring an emergency."

      On page 3, line 1 of the title amendment, after "sentences;" strike the remainder of the title amendment and insert "amending RCW 9.94A.537; creating new sections; providing an expiration date; and declaring an emergency."

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Engrossed House Bill No. 2070 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline spoke in favor of passage of the bill.

 

MOTION

 

      On motion of Senator Regala, Senators McAuliffe and Pridemore were excused.

 

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2070 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2070 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Pridemore - 1

      ENGROSSED HOUSE BILL NO. 2070 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE JOINT MEMORIAL NO. 4016, by Representatives Seaquist, Hinkle, Pettigrew, Ormsby, Priest, Anderson, Wood, Hankins, Quall, Cody, Appleton, Morrell, Green, Kelley, Schual-Berke, Hasegawa, Rolfes, Campbell, Ericks, Kenney, VanDeWege, Conway, Goodman, Simpson and Linville

 

      Requesting that Congress reauthorize the State Children's Health Insurance Program.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, House Joint Memorial No. 4016 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.

      Senators Keiser and Pflug spoke in favor of passage of the memorial.

      The President declared the question before the Senate to be the final passage of House Joint Memorial No. 4016.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Joint Memorial No. 4016 and the memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Pridemore - 1

      HOUSE JOINT MEMORIAL NO. 4016, having received the constitutional majority, was declared passed.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1287, by House Committee on Early Learning & Children's Services (originally sponsored by Representatives Kagi, Hinkle, Walsh, Haler, Appleton, Simpson, Moeller and Kenney)

 

      Modifying foster children placement provisions.

 

      The measure was read the second time.

 

 

MOTION

 

      Senator Regala moved that the following striking amendment by the Committee on Human Services & Corrections be adopted.

      On page 12, after line 29, insert the following:

      "Sec. 6. RCW 74.13.280 and 2001 c 318 s 3 are each amended to read as follows:

      (1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a child-placing agency, the department or agency shall share information about the child and the child's family with the care provider and shall consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.

      (2) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law. Care providers shall agree in writing to keep the information that they receive confidential and shall affirm that the information will not be further disclosed or disseminated, except as authorized by law.

      (3) Nothing in this section shall be construed to limit the authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality as provided by law.

      Sec. 7. RCW 74.13.285 and 2000 c 88 s 2 are each amended to read as follows:

      (1) Within available resources, the department shall prepare a passport containing all known and available information concerning the mental, physical, health, and educational status of the child for any child who has been in a foster home for ninety consecutive days or more. The passport shall contain education records obtained pursuant to RCW 28A.150.510. The passport shall be provided to a foster parent at any placement of a child covered by this section. The department shall update the passport during the regularly scheduled court reviews required under chapter 13.34 RCW.

      New placements after July 1, 1997, shall have first priority in the preparation of passports. Within available resources, the department may prepare passports for any child in a foster home on July 1, 1997, provided that no time spent in a foster home before July 1, 1997, shall be included in the computation of the ninety days.

      (2) In addition to the requirements of subsection (1) of this section, the department shall, within available resources, notify a foster parent before placement of a child of any known health conditions that pose a serious threat to the child and any known behavioral history that presents a serious risk of harm to the child or others.

      (3) The department shall hold harmless the provider for any unauthorized disclosures caused by the department.

(4) Any foster parent who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information, except as authorized by law. Such individuals shall agree in writing to keep the information that they receive confidential and shall affirm that the information will not be further disclosed or disseminated, except as authorized by law.

      NEW SECTION. Sec. 8. 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 July 1, 2007."

 

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 1287.

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

 

MOTION

 

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

      On page 1, line 3 of the title, after "13.34.145," strike "and" and after "13.34.062" insert ", 74.13.280, and 74.13.285"

      On page 1, line 3 of the title, after "13.34.062;" strike "and" and after "13.34 RCW" insert "; providing an effective date; and declaring an emergency"

 

MOTION

 


      On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 1287 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Rockefeller, Senator Kline was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1287 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1287 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Kline and Pridemore - 2

      SUBSTITUTE HOUSE BILL NO. 1287 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1833, by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Pettigrew, Seaquist, Upthegrove, Morrell, Kessler, P. Sullivan, Williams, Kenney, Haler, Ericksen, Moeller, Sells, Dunn, Rolfes, Lantz, McCoy, Lovick, Jarrett, Strow, Hurst, Springer, Campbell, Goodman, Simpson, Pearson, Curtis, Rodne, Schual-Berke, McDermott, Ormsby and Chase)

 

      Expanding the presumption of occupational disease for firefighters.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kohl-Welles moved that the following committee striking amendment by the Committee on Labor, Commerce, Research & Development be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds and declares:

      (1) By reason of their employment, firefighters are required to work in the midst of, and are subject to, smoke, fumes, infectious diseases, and toxic and hazardous substances;

      (2) Firefighters enter uncontrolled environments to save lives, provide emergency medical services, and reduce property damage and are frequently not aware of the potential toxic and carcinogenic substances, and infectious diseases that they may be exposed to;

      (3) Harmful effects caused by firefighters' exposure to hazardous substances may develop very slowly, manifesting themselves years after exposure;

      (4) Firefighters frequently and at unpredictable intervals perform job duties under strenuous physical conditions unique to their employment when engaged in firefighting activities; and

      (5) Firefighting duties exacerbate and increase the incidence of cardiovascular disease in firefighters.

      Sec. 2. RCW 51.32.185 and 2002 c 337 s 2 are each amended to read as follows:

      (1) In the case of fire fighters as defined in RCW 41.26.030(4) (a), (b), and (c) who are covered under Title 51 RCW and fire fighters, including supervisors, employed on a full-time, fully compensated basis as a fire fighter of a private sector employer's fire department that includes over fifty such fire fighters, there shall exist a prima facie presumption that: (a) Respiratory disease; (b) ((heart problems that are experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances)) any heart problems, experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances, or experienced within twenty-four hours of strenuous physical exertion due to firefighting activities; (c) cancer; and (d) infectious diseases are occupational diseases under RCW 51.08.140. This presumption of occupational disease may be rebutted by a preponderance of the evidence. Such evidence may include, but is not limited to, use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities.

      (2) The presumptions established in subsection (1) of this section shall be extended to an applicable member following termination of service for a period of three calendar months for each year of requisite service, but may not extend more than sixty months following the last date of employment.

      (3) The presumption established in subsection (1)(c) of this section shall only apply to any active or former fire fighter who has cancer that develops or manifests itself after the fire fighter has served at least ten years and who was given a qualifying medical examination upon becoming a fire fighter that showed no evidence of cancer. The presumption within subsection (1)(c) of this section shall only apply to prostate cancer diagnosed prior to the age of fifty, primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's lymphoma, bladder cancer, ureter cancer, colorectal cancer, multiple myeloma, testicular cancer, and kidney cancer.

      (4) The presumption established in subsection (1)(d) of this section shall be extended to any fire fighter who has contracted any of the following infectious diseases: Human immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, or mycobacterium tuberculosis.

      (5) Beginning July 1, 2003, this section does not apply to a fire fighter who develops a heart or lung condition and who is a regular user of tobacco products or who has a history of tobacco use. The department, using existing medical research, shall define in rule the extent of tobacco use that shall exclude a fire fighter from the provisions of this section.

(6) For purposes of this section, "firefighting activities" means fire suppression, fire prevention, emergency medical services, rescue operations, hazardous materials response, aircraft rescue, and training and other assigned duties related to emergency response.

       (7)(a) When a determination involving the presumption established in this section is appealed to the board of industrial insurance appeals and the final decision allows the claim for benefits, the board of industrial insurance appeals shall order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to the firefighter or his or her beneficiary by the opposing party.


      (b) When a determination involving the presumption established in this section is appealed to any court and the final decision allows the claim for benefits, the court shall order that all reasonable costs of the appeal, including attorney fees and witness fees, be paid to the firefighter or his or her beneficiary by the opposing party.

      (c) When reasonable costs of the appeal must be paid by the department under this section in a state fund case, the costs shall be paid from the accident fund and charged to the costs of the claim.

      Sec. 3. RCW 51.52.120 and 2003 c 53 s 285 are each amended to read as follows:

      (1) It shall be unlawful for an attorney engaged in the representation of any worker or beneficiary to charge for services in the department any fee in excess of a reasonable fee, of not more than thirty percent of the increase in the award secured by the attorney's services. Such reasonable fee shall be fixed by the director or the director's designee for services performed by an attorney for such worker or beneficiary, if written application therefor is made by the attorney, worker, or beneficiary within one year from the date the final decision and order of the department is communicated to the party making the application.

      (2) If, on appeal to the board, the order, decision, or award of the department is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases where a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained by the board, the board shall fix a reasonable fee for the services of his or her attorney in proceedings before the board if written application therefor is mad