SIXTIETH LEGISLATURE - REGULAR SESSION





FORTY SEVENTH DAY





House Chamber, Olympia, Friday, February 29, 2008


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


       The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Cameron Vohr and Alicia DeBont. The Speaker (Representative Morris presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Deacon Tony Irving, St. Benedict's Episcopal Church, Olympia.


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


RESOLUTION


       HOUSE RESOLUTION NO. 4679, by Representatives Anderson, Morris, Newhouse, Santos, Grant, Alexander, Kessler, Ericks, Dunshee, Hankins, Skinner and Conway


       WHEREAS, Thousands of Freemasons throughout Washington State have made numerous contributions to the state throughout its history; and

       WHEREAS, Freemasons, whose long history precedes Washington's achievement of statehood, have set an example of high moral standards and generous sacrificial charity for all people; and

       WHEREAS, The Founding Fathers of this great state of Washington, many of whom were Freemasons, provided a balanced and principled basis for developing themselves and others into valuable citizens of Washington; and

       WHEREAS, Members of the Masonic Fraternity, both individually and as an organization, continue to make invaluable charitable contributions of service to the State of Washington; and

       WHEREAS, The Masonic Fraternity continues to provide for the charitable relief and education of the citizens of Washington; and

       WHEREAS, The Masonic Fraternity is deserving of formal recognition of their long history of caregiving for the citizenry and their example of high moral standards;

       NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize the thousands of Freemasons of Washington and honor them for their many contributions to our State throughout its history.


       Representative Anderson moved the adoption of the resolution.



       Representatives Anderson and Springer spoke in favor of the adoption of the resolution.


       HOUSE RESOLUTION NO. 4679 was adopted.


SPEAKER'S PRIVILEGE


       Mr. Speaker (Representative Morris presiding): "The Speaker is pleased to recognize Grand Master of Masons in Washington, Most Worshipful Grand Master Wayne I. Smith and other elected Grand Lodge officers and distinguished Masons from around the State.

       The Speaker is also pleased to recognized Dr. Jerilyn McIntyre, President of Central Washington University, who is the first woman to serve as the University's president. She assumed the post in July 2000 and is retiring at the end of this year."


RESOLUTIONS


       HOUSE RESOLUTION NO. 4698, by Representatives Moeller, Hankins and Skinner


       WHEREAS, An estimated 135,000 individuals in the United States - .05 percent of the population of our country - have narcolepsy, a neurological sleep disorder for which there is no cure and whose cause is not well understood; and

       WHEREAS, More than half of these 135,000 individuals remain undiagnosed; and

       WHEREAS, Narcolepsy is a chronic disorder which causes excessive daytime sleepiness, cataplexy (loss of muscle tone), hypnagogic hallucinations, sleep paralysis, and disrupted nighttime sleep in women, men, and children of all ethnic backgrounds; and

       WHEREAS, The quality of life of narcolepsy patients, even with treatment, is significantly reduced; and

       WHEREAS, Patients with this disorder experience excessive daytime sleepiness, sudden and uncontrollable sleep attacks, loss of muscle tone triggered by emotional stimuli, realistic and frightening hallucinations upon waking or falling asleep, an inability to move when they awaken, automatic behavior, and disrupted nighttime sleep; and

       WHEREAS, It often takes an average of ten years to receive a diagnosis of narcolepsy, and medical professionals frequently are inadequately educated on the diagnosis and treatment of narcolepsy; and

       WHEREAS, Increased awareness and expanded knowledge of the realities of life with narcolepsy will allow the community at large to better support people who struggle with the challenges of this chronic neurological disorder; and

       WHEREAS, Narcolepsy Network is a nonprofit charitable organization serving the needs of patients with narcolepsy and their family members, friends, and care providers; and

       WHEREAS, Narcolepsy Network and other groups around our country have joined together to promote narcolepsy awareness and support - including improved education, diagnosis, research, and treatment; and

       WHEREAS, Narcolepsy Network is urging narcolepsy patients and their supporters, health care providers, and the general public to demonstrate their caring by sharing the road patients walk, the facts about narcolepsy, and ever-growing awareness about the cause of this disorder and potential treatments; and

       WHEREAS, The community's focus on narcolepsy and its impact on patients' lives will help guarantee hope for a better future for people with narcolepsy;

       NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize the needs of these chronically affected people and urge all of our citizens to support the search for the cause, cure, and prevention of narcolepsy and assist those individuals and families who deal with this devastating disorder on a daily basis.


       HOUSE RESOLUTION NO. 4698 was adopted.


       HOUSE RESOLUTION NO. 4699, by Representatives McCoy, Hankins and Skinner


       WHEREAS, Demitri Robinson, who is a young member of the Tulalip Tribes in Snohomish County, wrestled his way to the 2008 Washington State Class B Championship in the 103-pound division; and

       WHEREAS, Demitri is a freshman at Tulalip Heritage High School, and he is the very first Tulalip tribal member to win a state wrestling crown; and

       WHEREAS, Wrestling for Marysville-Pilchuck High School because his high school does not have a wrestling team, Demitri finished his unforgettable season with a record of twenty-five triumphs and only two defeats; and

       WHEREAS, The newly crowned state champion wrestler bested a competitive finals opponent who brought an impressive record of his own going into the decisive showdown with Demitri; and

       WHEREAS, Capturing one of the most exciting matches in the Mat Classic XX wrestling tournament, Demitri was leading 4-0 in the closing moments of the thrilling championship contest when he pinned his Oroville High School rival; and

       WHEREAS, A son of proud foster parents Lee Gilford and Michelle Myles, the soft-spoken Demitri let his superb wrestling talent and prowess do the talking in the young man's historic Saturday, February 16, 2008, state championship; and

       WHEREAS, Tulalip Tribal Council member Tony Hatch, who is an assistant wrestling coach at Marysville-Pilchuck, was quoted in the Everett Herald newspaper as saying that for Demitri "to be able to step in as a freshman and win it, that's great";

       NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington honor, commend, and celebrate 2008 Washington state wrestling champion Demitri Robinson; and

       BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Demitri Robinson and his family, to the Tulalip Tribes and Tulalip Heritage High School, and to Marysville-Pilchuck High School.


       HOUSE RESOLUTION NO. 4699 was adopted.


       HOUSE RESOLUTION NO. 4700, by Representatives Kenney, Skinner, Hailey, Campbell, Kretz, Hankins, Sells, Herrera, Rolfes, Darneille, Williams, Appleton, Dickerson, Seaquist, Upthegrove, Warnick, Nelson, Hasegawa, Ericks, Hunt, Morrell, Pearson, Kessler, Walsh, Quall, Green, Jarrett, Smith, and Van De Wege


       WHEREAS, Colorectal cancer is second to lung cancer in the number of deaths it causes in the United States; and

       WHEREAS, In the United States alone, over 100,000 people are diagnosed with and over 49,000 people die of colorectal cancer every year; and

       WHEREAS, It is estimated that in Washington State 2,800 people are diagnosed with and 940 people will die every year of colorectal cancer; and

       WHEREAS, Colorectal cancer can affect anyone of any age, race, or sex; nine out of ten diagnoses will occur in people aged 50 and older; men are slightly more likely to be diagnosed with colorectal cancer than women; and African-Americans are 10% more likely to be diagnosed with colorectal cancer than Caucasians and 30% more likely to die of the disease; and

       WHEREAS, Colorectal cancer starts with a growth (polyp) that is not cancer; screening can find and remove these growths before they develop into cancer; early detection is the best defense against this devastating disease; and regular screening can prevent over half of all colorectal cancer deaths; and

       WHEREAS, The American Cancer Society recommends all people be screened starting at age 50 or earlier if you have a family history of colon cancer or polyps; and

       WHEREAS, Despite its high rate of incidence, colorectal cancer is one of the most detectable forms of cancer, and, if found early enough, one of the most treatable forms of cancer; and

       WHEREAS, Ninety percent of those diagnosed early, while the cancer is still localized, survive more than five years, but sadly, only 37% of all colorectal cancers are detected early enough for survival to occur; and

       WHEREAS, When colorectal cancer is diagnosed at a more advanced stage, having spread to the surrounding region, the five-year survival rate drops from 90% to 65%, and when diagnosed at an advanced stage, having spread to distant organs, the five-year survival rate is only 9%; and

       WHEREAS, Early detection is still our best defense against this devastating disease and regular screening can prevent over half of all colorectal cancer deaths in the United States, yet, a majority of Americans are not being screened on a regular basis early enough to catch the cancer while it is still localized; and

       WHEREAS, In a recent survey, the Centers for Disease Control found that only 40% of all Americans reported having ever used the most basic of screening methods and just 42% reported having used a more advanced screening, compared to 85% of all women who had been screened for breast cancer; and

       WHEREAS, Low screening rates for colorectal cancer are due to many factors, including a lack of public awareness about colorectal cancer and of the benefits of regular screening, negative attitudes towards the screening procedures, the complete lack of symptoms in most cases, and the absence of social support for openly discussing and doing something about this particular disease; and

       WHEREAS, The United States Senate has designated March as National Colorectal Cancer Awareness Month;

       NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives commend the American Cancer Society for its outstanding work in creating public awareness about colorectal cancer and the benefits of regular screening and urge the citizens of this state to celebrate the month of March as Colorectal Cancer Awareness Month, and to become more aware of the risks regarding this disease and the need to get regular screenings for colorectal cancer; and

       BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the American Cancer Society.


       HOUSE RESOLUTION NO. 4700 was adopted.


       HOUSE RESOLUTION NO. 4701, by Representatives Skinner, Pearson, Hankins, and Warnick


       WHEREAS, The Prudential Spirit of Community Awards program is America's largest youth recognition program based exclusively on volunteerism; and

       WHEREAS, The Prudential Spirit of Community Awards program honors young people in middle school and high school for outstanding volunteer service to their communities; and

       WHEREAS, A State Honoree of the Prudential Spirit of Community Awards program will receive a $1,000 award, an engraved silver medallion, and a trip to Washington, D.C., for a series of national recognition events; and

       WHEREAS, Brian Vance, 17, of Yakima, Washington, a junior at Selah High School in Selah has been recognized as a State Honoree of the Prudential Spirit of Community Awards program; and


       WHEREAS, Brian Vance contacted a wide variety of individuals and organizations to gather information on methamphetamine use, and collaborated with high school teachers to create the classroom curriculum on the dangers of methamphetamine; and

       WHEREAS, Brian Vance produced an informational DVD and a classroom curriculum that have been distributed to more than 500 schools and public officials across the country to educate students about the dangers of methamphetamine; and

       WHEREAS, Brian Vance presented the DVD, entitled "Meth: There's Never Just Once," at more than 20 public forums, and when requests for copies were made, Brian Vance organized fund-raisers and applied for grants in order to make them available free of charge; and

       WHEREAS, Samantha McTee, 12, of Yakima, Washington, a sixth-grader at Naches Valley Middle School in Naches has been recognized as a State Honoree of the Prudential Spirit of Community Awards program; and

       WHEREAS, Samantha McTee raised $1,200 to help save a community swimming pool by planning a spaghetti dinner and raffle; and

       WHEREAS, Samantha McTee organized a place to host the dinner event, set a date for the event, sought donations of food and raffle prizes, posted promotional flyers around the community, and recruited members of her school leadership club to help cook, serve, and clean up at the dinner; and

       WHEREAS, Samantha McTee hopes to hold another fund-raiser this year;

       NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington honor the vision, the commitment, and the hard work of Brian Vance and Samantha McTee, and celebrate Brian Vance's and Samantha McTee's contribution and dedication to making Washington a better place for all Washingtonians; and

       BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Brian Vance, Samantha McTee, the Principal of Selah High School, the Principal of Naches Valley Middle School, and the Editor of the Yakima Herald Republic.


       HOUSE RESOLUTION NO. 4701 was adopted.


MESSAGES FROM THE SENATE

February 29, 2008

Mr. Speaker:


       The Senate has passed:

SUBSTITUTE SENATE BILL NO. 6423,

SECOND SUBSTITUTE SENATE BILL NO. 6626,

SUBSTITUTE SENATE BILL NO. 6828,

and the same are herewith transmitted.

Thomas Hoemann, Secretary


February 28, 2008

Mr. Speaker:


       The Senate has passed:

SENATE BILL NO. 6375,

SENATE BILL NO. 6450,

SECOND SUBSTITUTE SENATE BILL NO. 6468,

and the same are herewith transmitted.

Thomas Hoemann, Secretary


MESSAGE FROM THE SENATE

February 20, 2008

Mr. Speaker:


       The Senate has passed HOUSE BILL NO. 2437, with the following amendment:


        On page 1, on line 7, after "account" insert the following:


        ", and no loan authorized in this act shall bear an interest rate greater than one half of one percent"


and the same is herewith transmitted.

Thomas Hoemann, Secretary


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


SENATE AMENDMENT TO HOUSE BILL


       There being no objection, the House concurred in the Senate amendment to HOUSE BILL NO. 2437 and advanced the bill as amended by the Senate to final passage.


FINAL PASSAGE OF HOUSE BILL

AS SENATE AMENDED


       Representatives Fromhold and McDonald spoke in favor of the passage of the bill.


       The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 2437, as amended by the Senate.


MOTIONS


       On motion of Representative Santos, Representative Williams was excused. On motion of Representative Schindler, Representatives Armstrong, Hailey, Roach and Walsh were excused.


ROLL CALL


       The Clerk called the roll on the final passage of House Bill No. 2437, as amended by the Senate, and the bill passed the House by the following vote: Yeas - 93, Nays - 0, Absent - 0, Excused - 5.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Bailey, Barlow, Blake, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Herrera, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Liias, Linville, Loomis, McCoy, McCune, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schmick, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Smith, Sommers, Springer, Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Warnick, Wood and Mr. Speaker - 93.

       Excused: Representatives Armstrong, Hailey, Roach, Walsh and Williams - 5.

  

       HOUSE BILL NO. 2437, as amended by the Senate, having received the necessary constitutional majority, was declared passed.


       There being no objection, the House reverted to the sixth order of business.


SECOND READING


       ENGROSSED SUBSTITUTE SENATE BILL NO. 5261, By Senate Committee on Health & Long-Term Care (originally sponsored by Senators Keiser, Franklin, Kohl-Welles, Fairley and Kline; by request of Insurance Commissioner)


       Granting the insurance commissioner the authority to review individual health benefit plan rates.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Health Care & Wellness was before the House for purpose of amendment. (For Committee amendment, see Journal, 26th Day, February 8, 2008.)


       Representative Pedersen moved the adoption of amendment (1356) to the committee amendment:


        On page 1, line 28 of the amendment, after "commissioner." insert "If the commissioner does not disapprove a rate filing within sixty days after the insurer has filed the documents required in RCW 48.20.025(2) and any rules adopted pursuant thereto, the filing shall be deemed approved."


        On page 3, line 2 of the amendment, after "commissioner." insert "If the commissioner does not disapprove a rate filing within sixty days after the health care service contractor has filed the documents required in RCW 48.44.017(2) and any rules adopted pursuant thereto, the filing shall be deemed approved."


        On page 4, line 26 of the amendment, after "commissioner." insert "If the commissioner does not disapprove a rate filing within sixty days after the health maintenance organization has filed the documents required in RCW 48.46.062(2) and any rules adopted pursuant thereto, the filing shall be deemed approved."


        Correct the title.


       Representative Pedersen spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


       With the consent of the House, amendment (1040) to the committee amendment was withdrawn.


       Representative Hinkle moved the adoption of amendment (1068) to the committee amendment:


        On page 6, line 25 of the amendment, after "(3)" insert "Any disapproval of a rate filing shall, upon written demand of the carrier, be submitted to hearing under chapters 48.04 and 34.05 RCW before an administrative law judge assigned under chapter 34.12 RCW. The administrative law judge shall review the issue presented for hearing de novo and shall issue and enter a final order. The commissioner or the insurer may appeal the final order of the administrative law judge directly to superior court.

        (4)"


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


        On page 9, line 29 of the amendment, after "(3)" insert "Any disapproval of a rate filing shall, upon written demand of the carrier, be submitted to hearing under chapters 48.04 and 34.05 RCW before an administrative law judge assigned under chapter 34.12 RCW. The administrative law judge shall review the issue presented for hearing de novo and shall issue and enter a final order. The commissioner or the insurer may appeal the final order of the administrative law judge directly to superior court.

        (4)"


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


        On page 12, line 33 of the amendment, after "(3)" insert "Any disapproval of a rate filing shall, upon written demand of the carrier, be submitted to hearing under chapters 48.04 and 34.05 RCW before an administrative law judge assigned under chapter 34.12 RCW. The administrative law judge shall review the issue presented for hearing de novo and shall issue and enter a final order. The commissioner or the insurer may appeal the final order of the administrative law judge directly to superior court.

        (4)"


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


       Representatives Hinkle and Hinkle (again) spoke in favor of the adoption of the amendment to the committee amendment.



       Representative Cody spoke against the adoption of the amendment to the committee amendment.


       An electronic roll call was requested.


       The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1068) to the committee amendment to Engrossed Substitute Senate Bill No. 5261.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (1068) to the committee amendment to Engrossed Substitute Senate Bill No. 5261, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 59, Absent - 0, Excused - 5.

       Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Hunter, Hurst, Kelley, Kretz, Kristiansen, Liias, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Sump and Warnick - 34.

       Voting nay: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Wood and Mr. Speaker - 59.

       Excused: Representatives Armstrong, Hailey, Roach, Walsh and Williams - 5.


       Representative Cody moved the adoption of amendment (1068) to the committee amendment:


        On page 7, line 32, after "the" strike "health care service contractor's" and insert "insurer's"


        On page 8, line 5, after "Eight Percent (8%)" insert "or more"


        On page 8, line 22, after "for" strike "an insurer" and insert "a health care service contractor"


        On page 8, line 24, after "that" strike "insurer" and insert "health care service contractor"


        On page 8, line 25, after "that" strike "insurer" and insert "health care service contractor"


        On page 11, line 8, after "Eight Percent (8%)" insert "or more"


        On page 11, line 25, after "for" strike "an insurer" and insert "a health maintenance organization"


        On page 11, line 27, after "that" strike "insurer" and insert "health maintenance organization"


        On page 11, line 28, after "that" strike "insurer" and insert "health maintenance organization"


        On page 14, line 13, after "Eight Percent (8%)" insert "or more"


       Representatives Cody and Hinkle spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


       Representative Herrera moved the adoption of amendment (1359) to the committee amendment:


        On page 14, after line 16, insert the following:


        "NEW SECTION. Sec. 8. (1) The office of the insurance commissioner shall explore the feasibility of entering into a multistate health insurance plan compact for the purpose of providing affordable health insurance coverage for persons purchasing individual health coverage. The office of the insurance commissioner shall propose model state legislation that each participating state would enact prior to entering into the multistate health insurance plan compact. If federal legislation is necessary to permit the operation of the multistate health insurance plan, the office of the insurance commissioner shall identify needed changes in federal statutes and rules.

     (2) The office of the insurance commissioner shall report the findings and recommendations of the feasibility study to the appropriate committees of the senate and house of representatives by December 1, 2008."


       Representatives Herrera and Cody spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


       The committee amendment as amended was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Cody, Schual-Berke, Wallace, Appleton and Morrell spoke in favor of the passage of the bill.


       Representatives Hinkle, Schindler, Alexander and Rodne spoke against the passage of the bill.


POINT OF ORDER


       Representative Newhouse: "Thank you. It seems that the speaker is impugning the motives of the people on this side of the aisle for not protecting consumers. We would like to remind her not to do that."



SPEAKER'S RULING


       Mr. Speaker (Representative Morris presiding): "We have reviewed what was said. I think because the comments were clearly not on the subject before the House which is the final passage of granting the Insurance Commissioner the authority to review individual health benefit plan rates, it was a bit off mark. The Speaker takes your point very well."


       Representatives Condotta and DeBolt spoke against the passage of the bill.


       The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5261, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5261, as amended by the House, and the bill passed the House by the following vote: Yeas - 68, Nays - 26, Absent - 0, Excused - 4.

       Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Green, Haigh, Hankins, Hasegawa, Herrera, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McCune, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Orcutt, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 68.

       Voting nay: Representatives Ahern, Alexander, Anderson, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Grant, Haler, Hinkle, Kretz, Kristiansen, McDonald, Newhouse, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Smith, Sump and Warnick - 26.

       Excused: Representatives Armstrong, Hailey, Roach and Walsh - 4.


       ENGROSSED SUBSTITUTE SENATE BILL NO. 5261, as amended by the House, having received the necessary constitutional majority, was declared passed.


       HOUSE BILL NO. 3096, By Representatives Clibborn and McIntire; by request of Governor Gregoire


       Financing the state route number 520 bridge replacement project.


       The bill was read the second time.


       There being no objection, Substitute House Bill No. 3096 was substituted for House Bill No. 3096 and the substitute bill was placed on the second reading calendar.


       SUBSTITUTE HOUSE BILL NO. 3096 was read the second time.


       With the consent of the House, amendment (1229) was withdrawn.


       Representative Clibborn moved the adoption of amendment (1357):


        Beginning on page 1, line 16, strike all material through "bridge." on page 2, line 2 and insert the following:

        "NEW SECTION. Sec. 2. A new section is added to chapter 47.01 RCW to read as follows:

        (1) The SR 520 Bridge Replacement and HOV project shall be designed to provide six total lanes, with two lanes that are for transit and high occupancy vehicle travel, and four general purpose lanes.

        (2) The SR 520 Bridge Replacement and HOV project shall be designed to accommodate effective connections for transit, including high-capacity transit, to the light-rail station at the University of Washington.


        NEW SECTION. Sec. 3. A new section is added to chapter 47.56 RCW to read as follows:

        The SR 520 Bridge Replacement and HOV project finance plan must include:

        (1) Recognition of revenue sources that include: One billion seven hundred million dollars in state and federal funds allocated to the project; one billion five hundred million dollars to two billion dollars in tolling revenue, including early tolls that could begin in late 2009; eighty-five million dollars in federal urban partnership grant funds; and other contributions from private and other government sources; and

        (2) Recognition of savings to be realized from:

        (a) Potential early construction of traffic improvements from the eastern Lake Washington shoreline to 108th Avenue Northeast in Bellevue;

        (b) Early construction of a single string of pontoons to support two lanes that are for transit and high-occupancy vehicle travel and four general purpose lanes;

        (c) Preconstruction tolling to reduce total financing costs; and

        (d) A rebate of the sales taxes paid on construction costs, which will be dedicated to construction of the project."


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


       Representative Anderson moved the adoption of amendment (1358) to amendment (1357):


        On page 1, line 8 of the amendment, after "lanes" insert ", and to provide for additional lanes or dedicated right-of-way for high-capacity transportation without additional retrofitting or construction"


        On page 1, line 20 of the amendment, after "revenue," strike all material through "funds;" on line 22



        On page 1, line 28 of the amendment, after "construction of" strike "a single string of"


        On page 1, line 30 of the amendment, after "lanes" strike ";" and insert ", and additional lanes or dedicated right-of-way for high-capacity transportation without additional retrofitting or construction; and"


        On page 2, line 1 of the amendment, after "(c)" strike all material through "(d)" on line 3


        Renumber the remaining subsections consecutively


       Representatives Anderson, Ericksen and Rodne spoke in favor of the adoption of the amendment to amendment (1357).


       Representatives Simpson, Jarrett and Hunter spoke against the adoption of the amendment to amendment (1357).


       An electronic roll call was requested.


       The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of the amendment to amendment (1357) to Substitute House Bill No. 3096.


ROLL CALL


       The Clerk called the roll on the adoption of the amendment to amendment (1357) to Substitute House Bill No. 3096, and the amendment to amendment (1357) was not adopted by the following vote: Yeas - 32, Nays - 62, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Kelley, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Sump and Warnick - 32.

       Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 62.

       Excused: Representatives Armstrong, Hailey, Roach and Walsh - 4.


       Representatives Clibborn and Clibborn (again) spoke in favor of the adoption of the amendment (1357).


       Representative Ericksen spoke against the adoption of the amendment (1357).


       The amendment was adopted.


       With the consent of the House, amendments (1143) and (1144) were withdrawn.


       Representative Rodne moved the adoption of amendment (1226):


        On page 2, after line 2, insert the following:

        "NEW SECTION. Sec. 2. A new section is added to chapter 47.56 RCW to read as follows:

        All revenue from tolling the replacement state route number 520 bridge must be used only on state route number 520 between state route 5 and state route 405 for highway purposes consistent with Article II, section 40 of the state Constitution."

 

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


       Representatives Rodne, Anderson, Hinkle, Ericksen and Rodne (again) spoke in favor of the adoption of the amendment.


       Representative Jarrett, Eddy and Clibborn spoke against the adoption of the amendment.


       An electronic roll call was requested.


       The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1226) to Substitute House Bill No. 3096.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (1226) to Substitute House Bill No. 3096, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 60, Absent - 0, Excused - 4.

       Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Hurst, Kelley, Kirby, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Sump and Warnick - 34.

       Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 60.

       Excused: Representatives Armstrong, Hailey, Roach and Walsh - 4.



       Representative Anderson moved the adoption of amendment (1231):


        On page 2, after line 2, insert the following:

        "Replacing the state route number 520 bridge is an emergency and thus a top priority of the state, and the legislature therefore finds that the replacement state route number 520 bridge must be open to traffic in five years, rather than the current completion date of 2018. The legislature further finds that it should immediately take the necessary actions to accomplish this goal."


       Representatives Anderson, Smith, Newhouse and Ericksen spoke in favor of the adoption of the amendment.


       Representatives Pedersen, Hunter and Jarrett spoke against the adoption of the amendment.


       An electronic roll call was requested.


       The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1231) to Substitute House Bill No. 3096.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (1231) to Substitute House Bill No. 3096, and the amendment was not adopted by the following vote: Yeas - 35, Nays - 58, Absent - 0, Excused - 5.

       Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Goodman, Haler, Hankins, Herrera, Hinkle, Hurst, Kelley, Kretz, Kristiansen, Loomis, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Springer, Sump and Warnick - 35.

       Voting nay: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Liias, Linville, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 58.

       Excused: Representatives Armstrong, Dickerson, Hailey, Roach and Walsh - 5.


       Representative Anderson moved the adoption of amendment (1225):


        On page 2, line 7, after "tolls" strike "on the existing state route number 520 bridge or"


        On page 3, beginning on line 8, strike all of subsection (i)


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


       Representatives Anderson, Rodne and Ericksen spoke in favor of the adoption of the amendment.


       Representatives Hunter and Clibborn spoke against the adoption of the amendment.


       An electronic roll call was requested.


       The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1225) to Substitute House Bill No. 3096.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (1225) to Substitute House Bill No. 3096, and the amendment was not adopted by the following vote: Yeas - 33, Nays - 60, Absent - 0, Excused - 5.

       Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Hurst, Kelley, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Sump and Warnick - 33.

       Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 60.

       Excused: Representatives Armstrong, Dickerson, Hailey, Roach and Walsh - 5.


       Representative Jarrett moved the adoption of amendment (1137):


        On page 2, line 27, after "522" insert "and local roadways"


        On page 2, line 27, after "520" insert "or other corridors, and recommend mitigation measures to address the diversion"


        On page 2, line 33, after "bridge" insert "and other impacted facilities"


        On page 3, line 4, after "(e)" insert "Confer with the mayors and city councils of jurisdictions adjacent to the state route number 520 corridor, the state route number 522 corridor, and the interstate 90 corridor regarding the implementation of tolls, the impacts that the implementation of tolls might have on the operation of the corridors, the diversion of traffic to local streets, and potential mitigation measures;

        (f)"



        Reletter the remaining subsection alphabetically.


       Representative Jarrett spoke in favor of the adoption of the amendment.


       The amendment was adopted.


       Representative Schindler moved the adoption of amendment (1235):


        On page 3, after line 21, insert the following:


        "NEW SECTION. Sec. 5. A new section is added to chapter 47.01 RCW to read as follows:

        The department shall use the process described under subsections (1) through (6) of this section for the state route number 520 bridge replacement project. The department shall determine which steps have already been completed and begin at the appropriate step in the process described in this section.

        (1) Step 1: Conceptual description. The department shall identify project purposes, the approximate location or alternative locations, the federal, state, and local agencies that might have authority to review and approve the project or portions of the project at any such locations, a preliminary interagency communication list identifying agencies that may be interested in the proposed project, and, where known, contact persons in such agencies. If the department intends to proceed with step 2 or abandon the project, it may complete this step by: (a) Providing a summary of the outcome to all agencies on the interagency communication list; and (b) making the summary available to the public.

        (2) Step 2: Early involvement of other agencies.

        (a) At any time after completing step 1, the department shall provide notice to all agencies on the interagency communication list and the public. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:

        (i) A primary contact person to coordinate future communications with the department and other interested agencies regarding the project, or indicate that it has no interest in the project and does not need to remain on the project information list;

        (ii) Its role with respect to the proposed project;

        (iii) Additional alternative locations the department should consider and the roles it would expect to have with the project at those locations;

        (iv) Other agencies it believes should be added to the interagency communication list for the project; and

        (v) Other information it requests the department to consider.

        (b) After all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by: (i) Proposing one or more conceptual designs for the project at a proposed location and any alternative locations then being considered; (ii) providing a summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies, to all agencies on the interagency communication list; and (iii) making the summary available to the public.

        (3) Step 3: Identify environmental reviews, permits, and other approvals, application procedures, and decision standards.

        (a) At any time after completing step 2, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public. This notice may include a threshold determination on whether an environmental impact statement or supplemental environmental impact statement will be prepared or an environmental checklist and request for comments on what steps should be taken to comply with chapter 43.21C RCW. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:

        (i) The procedures under which it expects environmental reviews of the project to occur;

        (ii) All permits and other approvals it might require for the project at each alternative location and conceptual design;

        (iii) What is needed for the department to file a complete application for each permit or other approval;

        (iv) The laws, regulations, ordinances, and policies it would administer with respect to the project at each alternative location and conceptual design; and

        (v) Other information it requests the department to consider in deciding whether, when, where, or how to proceed with the project.

        (b) After all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by:

        (i) Adopting a list of all environmental reviews, permits, and other approvals it believes are needed for the project under each alternative being considered;

        (ii) Providing all agencies on the interagency communication list a copy of that list and a summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies; and

        (iii) Making the list described under (b)(i) of this subsection and summary available to the public.

        (c) The list described under (b)(i) of this subsection and summary are presumed to accurately identify all environmental reviews, permits, and other approvals needed for each alternative described, what is required for applications to be considered complete, and the standards under which applications will be reviewed and approved, unless an aggrieved agency or person files objections within thirty days after the list and summary are distributed.

        (4) Step 4: Tentative selection of a preferred alternative.

        (a) At any time after completing step 3, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public. This notice may be accompanied by a scoping notice for an environmental impact statement or supplemental environmental impact statement or, if available, be accompanied by a draft environmental impact statement or supplemental environmental impact statement. It also may be accompanied by the department's preliminary analysis of the advantages and disadvantages of each identified alternative, or other information that may be helpful to other interested agencies and the public in identifying advantages and disadvantages. Within fourteen days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:

        (i) For each identified alternative, the specific features it considers significant with respect to its role in environmental reviews, permits, or other approvals for the project, the reasons these features are significant, and any concerns it may have about the alternative because of potential adverse impacts of these features on resources or social policies within its jurisdiction;

        (ii) For each feature for which it raises concerns, recommendations on how the potential adverse impacts could be avoided, minimized, and mitigated;

        (iii) For each feature for which it raises concerns, an assessment of the relative ranking of each alternative with respect to whether and to what extent these concerns apply;

        (iv) Recommendations it may have as to which alternatives should be retained or dropped from further consideration, and ways in which alternatives might be modified or combined to address its concerns, recognizing that (A) final decisions can be made only through the applicable environmental review, permit, and other approval processes and (B) the agency making these decisions is not bound with respect to any future decisions it may make regarding the project; and

        (v) Other information it requests the department to consider in deciding whether, when, where, or how to proceed with the project.

        (b) After all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by:

        (i) Selecting a preferred alternative for purposes of all environmental reviews, permits, and other approvals needed for the project;

        (ii) Providing all agencies on the interagency communication list with a description of the preferred alternative and summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies; and

        (iii) Making the preferred alternative and summary available to the public. The preferred alternative must be identified in all environmental reviews, permits, and other approvals needed for the project.

        (5) Step 5: Completing environmental reviews and applications for permits and other approvals.

        (a) At any time after completing step 4, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public. A draft environmental impact statement or supplemental environmental impact statement, the department's draft plans and specifications for the project, and draft applications for some or all permits and other approvals may be provided with the notice or when these materials subsequently become available. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:

        (i) All concerns it previously raised regarding the alternative, and other alternatives still under consideration, that have not been resolved to its satisfaction;

        (ii) Additional concerns it may have, particularly concerns resulting from additional information about the project location and design and other new information received since the completion of step 4;

        (iii) Additional environmental reviews, permits, or other approvals needed for the preferred alternative because of changes in laws, regulations, or policies, or changes in the project location or design, since these issues were last reviewed under step 3 or 4;

        (iv) Changes in applicable requirements for complete applications for permits or other approvals under its jurisdiction since these issues were last reviewed under step 3 or 4;

        (v) Other changes in applicable laws, regulations, ordinances, or policies administered by the agency since these issues were last reviewed under step 3 or 4; and

        (vi) Whether a draft application proposed by the department for a permit or other approval from the agency is complete, and if not, what additional information or other changes are needed for it to be complete.

        (b) When all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by:

        (i) Completing some or all of the environmental review processes and draft application forms for permits and other approvals that it reasonably believes to be complete;

        (ii) Providing all agencies on the interagency communication list with environmental review and application documents and a summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies; and

        (iii) Making the completed environmental review documents and summary available to the public. The preferred alternative must be identified in all environmental reviews, permits, and other approvals needed for the project.

        (c) If an interested agency or aggrieved person files objections within fourteen days after the preferred alternative and summary are distributed, the objections must be addressed in subsequent environmental reviews and agency decisions regarding the project.

        (6) Step 6: Completing the environmental review, permit, and other approval processes.

        (a) At any time after completing step 5, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public and by filing applications for some or all permits and other approvals needed for the project. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to:

        (i) Acknowledge receipt of draft environmental review documents and provide comments on these documents;

        (ii) Acknowledge receipt of final environmental review documents and determine that these documents are adequate for purposes of their roles regarding the project or specify what additional information or changes are needed for these documents to be considered adequate;

        (iii) Acknowledge receipt of each application filed and determine that the application is complete or specify what additional information or changes are needed for the application to be considered complete;

        (iv) Acknowledge that the applications submitted will be processed under the laws, regulations, ordinances, and policies previously identified under steps 3, 4, and 5 or specify what changes have occurred in the governing standards that were in effect on the date a complete application was filed and, as a result, apply to the project;

        (v) Identify the significant steps necessary for it to reach a final decision on applications and the estimated time needed for each step; and

        (vi) Identify ways its decision-making process might be made more efficient and effective through additional coordination with other agencies, with any recommendations for such methods as joint solicitation and review of public comments and jointly conducting public hearings.


        (b) This step may require an iterative process with several drafts of various environmental review documents and applications being considered and revised, and that changes in project location or design resulting from the permit decisions of one agency may require revising applications or reopening permit decisions of other agencies. All state and local agencies are expected, and federal agencies are encouraged, to communicate and cooperate to minimize the number of iterations required and make the process as efficient and effective as possible. Unless significant new information is obtained, decisions made under this step should not be reopened except at the request of the department, and the most recent information available under steps 3, 4, and 5 should be presumed accurate until significant new information becomes available.

        (c) If all environmental reviews have not been completed and all permits and other approvals have not been obtained within forty-five days after this step is initiated, the department, by providing notice to all agencies on the interagency communication list and the public, may set a deadline for completing reviews and decisions. At any time after the deadline, the department may terminate the coordination process of this section as to some or all of the reviews and decisions that are still not completed."


        Renumber the remaining section consecutively and correct the title.


       Representatives Schindler and Ericksen spoke in favor of the adoption of the amendment.


       Representative Clibborn spoke against the adoption of the amendment.


       An electronic roll call was requested.


       The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1235) to Substitute House Bill No. 3096.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (1235) to Substitute House Bill No. 3096, and the amendment was not adopted by the following vote: Yeas - 30, Nays - 63, Absent - 0, Excused - 5.

       Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Sump and Warnick - 30.

       Voting nay: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 63.

       Excused: Representatives Armstrong, Dickerson, Hailey, Roach and Walsh - 5.


       With the consent of the House, amendment (1355) was withdrawn.


       Representative Ericksen moved the adoption of amendment (1360):


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that the replacement of the vulnerable state route number 520 bridge is a matter of urgency for the safety of Washington's traveling public and the needs of the transportation system in central Puget Sound. The state route number 520 bridge is forty-four years old and one hundred fifteen thousand vehicles travel on the bridge each day. There is an ever present likelihood that wind or an earthquake could suddenly destroy the bridge or render it unusable. Therefore, the state must develop a comprehensive approach to fund a state route number 520 bridge replacement to be constructed as quickly as possible.

        The legislature further finds that one billion seven hundred million dollars in state and federal funding sources have been allocated to the SR 520 Bridge Replacement and HOV project. Therefore, all current resources must be used as efficiently as possible and constructing immediate improvements for SR 520 will provide safety and congestion relief benefits.


        NEW SECTION. Sec. 2. A new section is added to chapter 82.32 RCW to read as follows:

        The tax imposed and collected under chapters 82.08 and 82.12 RCW on the construction of the SR 520 Bridge Replacement and HOV project must be transferred to the project to defray the costs or pay debt service on that project.


        NEW SECTION. Sec. 3. A new section is added to chapter 47.01 RCW to read as follows:

        (1) The SR 520 Bridge Replacement and HOV project shall proceed in two phases. Phase one will provide immediate safety and congestion reduction benefits and phase two will provide additional improvements as funding becomes available. All improvements identified in this section shall be constructed on pontoons that provide capacity for six lanes and provide for additional lanes or dedicated right-of-way for high-capacity transportation without additional retrofitting or construction.

        (2) Within existing resources allocated by the legislature to the SR 520 Bridge Replacement and HOV project, the department shall immediately proceed with design and construction of phase one of the SR 520 Bridge Replacement and HOV project. Phase one shall include the following elements:

        (a) Replacement of the floating bridge with eight lanes or six lanes and dedicated right-of-way for high-capacity transportation;

        (b) Replacement of over water approach structures from the Montlake interchange to 84th Avenue Northeast and elimination of the west side s-curve; and

        (c) Replacement of the Portage Bay Viaduct with a structure that meets the needs of the preferred alternative.

        (3) As additional funding becomes available, phase two shall include all other elements of the preferred alternative not constructed as part of phase one including rebuilding the over land segments of the SR 520 corridor and ramps to and from the Interstate 5 Express Lanes."


        Correct the title.


       Representatives Ericksen spoke in favor of the adoption of the amendment.


       Representative McIntire spoke against the adoption of the amendment.


       An electronic roll call was requested.


       The Speaker (Representative Morris presiding) stated the question before the House to be the adoption of amendment (1360) to Substitute House Bill No. 3096.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (1360) to Substitute House Bill No. 3096, and the amendment was not adopted by the following vote: Yeas - 31, Nays - 62, Absent - 0, Excused - 5.

       Voting yea: Representatives Ahern, Alexander, Anderson, Bailey, Campbell, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hankins, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Sump and Warnick - 31.

       Voting nay: Representatives Appleton, Barlow, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 62.

       Excused: Representatives Armstrong, Dickerson, Hailey, Roach and Walsh - 5.


       The bill was ordered engrossed.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representative Clibborn spoke in favor of the passage of the bill.


       Representative Ericksen spoke against the passage of the bill.


       The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed Substitute House Bill No. 3096.


ROLL CALL


       The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 3096 and the bill passed the House by the following vote: Yeas - 63, Nays - 30, Absent - 0, Excused - 5.

       Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hankins, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Liias, Linville, Loomis, McCoy, McIntire, Miloscia, Moeller, Morrell, Morris, Nelson, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 63.

       Voting nay: Representatives Ahern, Alexander, Anderson, Bailey, Chandler, Condotta, Crouse, DeBolt, Dunn, Ericksen, Haler, Hasegawa, Herrera, Hinkle, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Schmick, Skinner, Smith, Sump and Warnick - 30.

       Excused: Representatives Armstrong, Dickerson, Hailey, Roach and Walsh - 5.


       ENGROSSED SUBSTITUTE HOUSE BILL NO. 3096, having received the necessary constitutional majority, was declared passed.


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


REPORTS OF STANDING COMMITTEES

February 26, 2008

ESSB 5831   Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Providing for the certification of heating, ventilation, air conditioning, and refrigeration contractors and mechanics. (REVISED FOR ENGROSSED: Creating the joint legislative task force on heating, ventilation, air conditioning, and refrigeration.) Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.


        (1) "Applicant" means a person who has submitted the appropriate form or forms to be considered for an HVAC/R mechanic certificate, a temporary HVAC/R mechanic certificate, a trainee certificate, or an HVAC/R operator certificate, as required by the department.

        (2) "Board" means the HVAC/R board established in section 24 of this act.

        (3) "Boiler" means a closed vessel in which water is heated, steam is generated, steam is superheated, or a combination thereof, under pressure or vacuum by the application of heat, electricity, or nuclear energy. "Boiler" also includes fired units for heating or vaporizing liquids other than water where these systems are complete within themselves.

        (4) "BTUH" means British thermal units per hour.

        (5) "Certified HVAC/R mechanic" means a person who has been issued a valid HVAC/R mechanic certificate under section 16 of this act.

        (6) "Certified specialty mechanic" means a person who has been issued one or more valid specialty mechanic certificates under section 16 of this act.

        (7) "CFM" means cubic feet per minute.

        (8) "Department" means the department of labor and industries.

        (9) "Director" means the director of the department or the director's designee.

        (10) "Gas company" has the same meaning as in RCW 80.04.010.

        (11) "Gas company service piping" means gas piping that is owned by or under the control of a gas company and used for transmission or distribution of fuel to the point of contact at the premises or property supplied or to be supplied, including service connections, meters, or other apparatus or appliance used in the measurement of the consumption of fuel by the customer. For the purposes of this subsection, "point of contact" means the outlet of the meter or the connection to the customer's gas piping, whichever is farther downstream.

        (12) "Gas piping" means pipes, valves, or fittings used to convey fuel gas installed on a premise or in a building. "Gas piping" does not include gas company service piping or any gas piping used directly in the generation of electricity by an electric utility or a commercial-scale nonutility generator of electricity.

        (13) "Gas piping work" means to design, fabricate, construct, install, replace, or service gas piping and venting related to gas piping.

        (14) "Hearth products" means any fuel gas or oil-fueled appliance that has a visual presence in a living space of a residence or any outdoor fuel gas barbecue or fireplace that is listed to the appropriate underwriters laboratories, American national standards institute, or ASTM international product safety standard.

        (15) "Hours of HVAC/R work" means any combination of accrued hours of HVAC/R work performed while:

        (a) Employed by an HVAC/R contractor or a person exempt from the requirements of chapter 18.27 RCW, chapter 19.28 RCW, or this chapter;

        (b) Employed by a registered or licensed general or specialty contractor, or the equivalent, in another state or country; or

        (c) Serving in the United States armed forces.

        (16) "HVAC" means heating, ventilating, and air conditioning.

        (17)(a) "HVAC equipment and systems" means equipment necessary for any system that heats, cools, conditions, ventilates, filters, humidifies, or dehumidifies environmental air for residential, industrial, or commercial use, including all related ventilation and ducting systems.

        (b) "HVAC equipment and systems" does not include: (i) Solid fuel burning devices, such as wood stoves and coal stoves; (ii) gas company service piping; (iii) gas piping other than that necessary to deliver fuel; or (iv) boilers.

        (18) "HVAC work" means to design, fabricate, construct, install, replace, service, test, or adjust and balance HVAC equipment and systems.

        (19) "HVAC/R" means heating, ventilating, air conditioning, and refrigeration.

        (20) "HVAC/R contractor" means any person who:

        (a) Advertises for, offers to perform, submits a bid for, or performs any HVAC/R work covered by the provisions of this chapter;

        (b) Employs anyone, or offers or advertises to employ anyone, to perform any HVAC/R work that is subject to the provisions of this chapter; or

        (c) Is registered under section 2(1)(b) of this act.

        (21) "HVAC/R equipment and systems" means HVAC equipment and systems, refrigeration systems, and gas piping.

        (22) "HVAC/R mechanic certificate" means any of the certificates identified under section 7 of this act.

        (23) "HVAC/R operator certificate" means the certificate identified under section 10 of this act.

        (24) "HVAC/R work" means all HVAC work, refrigeration work, and gas piping work not otherwise exempted by this chapter.

        (25) "Person" or "company," used interchangeably throughout this chapter, means any individual, corporation, partnership, limited partnership, organization, or any other entity whatsoever, whether public or private.

        (26) "Property management company" means a company that is operating in compliance with state real estate licensing rules and is under contract with a property owner to manage the buildings.

        (27) "Refrigeration system" means a combination of interconnected refrigerant-containing parts constituting one closed refrigerant circuit in which a refrigerant is circulated for the purpose of extracting heat and includes systems in which a secondary coolant, cooled or heated by the refrigeration system, is circulated to the air or other substance to be cooled or heated.

        (28) "Refrigeration work" means to design, fabricate, construct, install, replace, or service refrigeration systems.

        (29) "Service" means to repair, modify, or perform other work required for the normal continued performance of HVAC/R equipment and systems.

        (30) "Specialty certificate" means any of the certificates identified under section 6 of this act.

        (31) "Technical college" means a public community or technical college, or a not-for-profit nationally accredited technical or trade school licensed by the workforce training and education coordinating board under chapter 28C.10 RCW.

        (32) "Temporary certificate" means any of the certificates issued under section 8 of this act.

        (33) "Trainee" means a person who has been issued a trainee certificate by the department under section 9 of this act.

        (34) "Trainee certificate" means any certificate issued under section 9 of this act.

        (35) "Valid" means not expired, revoked, or suspended.


        NEW SECTION. Sec. 2. CONTRACTOR REGISTRATION--CONCURRENT REGISTRATION--REQUIREMENTS. (1) Except as provided in this chapter, it is unlawful for:


        (a) Any person to engage in business as an HVAC/R contractor, within the state, without having been issued a valid registration as a contractor under chapter 18.27 RCW;

        (b) Any person, on or after July 1, 2009, to engage in business as an HVAC/R contractor, within the state, without having been issued a valid registration as an HVAC/R contractor from the department; and

        (c) Any person, on and after July 1, 2010, to employ a person to perform or offer to perform HVAC/R work who has not been issued a valid HVAC/R mechanic certificate, specialty certificate, temporary HVAC/R mechanic certificate, trainee certificate, or HVAC/R operator certificate issued by the department under this chapter.

        (2) The department shall prescribe an application form to be used to apply for an HVAC/R contractor registration under this chapter, and shall ensure that the person applying for an HVAC/R contractor registration is also a registered general or specialty contractor under chapter 18.27 RCW before it issues that person an HVAC/R contractor registration.

        (3) For a person who may be issued two or more registrations or licenses provided for in chapter 18.27 RCW, chapter 19.28 RCW, or this chapter, the department shall establish on or before July 1, 2011, a single registration/licensing document. The document shall list all of the person's registrations and licenses.

        (4) Regardless of when the HVAC/R contractor registration is issued, it shall become suspended, revoked, expired, or renewed at the same time as the registration issued under chapter 18.27 RCW.

        (5) No bond or security in addition to that required of contractors under chapter 18.27 RCW shall be required of an HVAC/R contractor under this chapter.

        (6) This section does not apply to:

        (a) A person who is contracting for HVAC/R work on his or her own residence;

        (b) A person whose employees perform only HVAC/R work exempted under section 4 of this act; or

        (c) A person who is specifically exempted under RCW 18.27.090 from contractor registration requirements.


        NEW SECTION. Sec. 3. CERTIFICATE REQUIRED--LOCAL PREEMPTION. (1) Except as provided in this chapter, it is unlawful for any person, on and after July 1, 2010, to perform or offer to perform HVAC/R work without having been issued a valid HVAC/R mechanic certificate, specialty certificate, temporary HVAC/R mechanic certificate, or trainee certificate under this chapter.

        (2) Except as provided in section 4(1)(o) of this act, no political subdivision of the state shall require a person possessing a valid HVAC/R certificate, specialty certificate, temporary HVAC/R mechanic certificate, trainee certificate issued by the department under this chapter, or any person who is exempted under this chapter to demonstrate any additional proof of competency in, obtain any license for, or pay any fee to perform HVAC/R work in that political subdivision.


        NEW SECTION. Sec. 4. EXEMPTIONS FROM CERTIFICATION. (1) The provisions of section 3(1) of this act do not apply to a person:

        (a) Cleaning or replacing air filters, lubricating bearings, replacing fan belts, cleaning evaporators or condensers, cleaning cooling towers, or equipment logging on any HVAC/R equipment or systems;

        (b) Performing HVAC/R work on HVAC/R equipment or systems that: (i) Contain six pounds or less of any refrigerant and is actuated by a motor or engine having a standard rating of one-quarter horsepower or less; or (ii) are an absorption system that has a rating of one-quarter ton or less refrigeration effect;

        (c) Setting oil tanks and related piping to a furnace;

        (d) Setting propane tanks and related piping outside a building;

        (e) Performing gas piping work on a fuel burning appliance with a maximum capacity of five hundred thousand BTUH while holding a valid journeyman plumber certificate issued under chapter 18.106 RCW or a valid specialty plumber certificate issued under chapter 18.106 RCW for performing services in RCW 18.106.010(10)(a);

        (f) Performing HVAC/R work at his or her residence, farm, place of business, or on other property owned by him or her, unless the HVAC/R work is performed in the construction of a new building intended for rent, sale, or lease;

        (g) Performing HVAC/R work on his or her own property or to regularly employed persons working on the premises of their employer, unless the HVAC/R work is performed in the construction of a new building intended for rent, sale, or lease;

        (h) Performing HVAC/R work for or on behalf of a gas company when such work is (i) incidental to the business of delivering fuel gas to the premises or (ii) performed pursuant to any tariff on file with the state utilities and transportation commission;

        (i) Licensed under chapter 18.08 or 18.43 RCW who is designing HVAC/R equipment or systems, but who is not otherwise performing HVAC/R work;

        (j) Making a like-in-kind replacement of a household appliance;

        (k) Installing wood or pellet stoves, including directly related venting such as a chimney or flue;

        (l) Performing minor flexible ducting repairs in a single-family residential structure;

        (m) Performing cleaning, repair, or replacement of fuel oil filters and nozzles of an oil heat burner assembly;

        (n) Making like-in-kind replacement of an oil heat furnace in a single-family residential structure and the associated fittings necessary to connect the replacement oil heat furnace to existing ductwork in a single-family residential structure; or

        (o) Installing, replacing, and servicing hearth products. As used in this subsection, "installing and replacing" means removing and setting the hearth product pursuant to manufacturer instructions and specifications, connecting a hearth product with or disconnecting the hearth product from an approved flexible gas supply line not to exceed thirty-six inches in length, and installing or uninstalling venting that is directly related to the hearth product and that has been provided in the same packaging of the hearth product by the manufacturer.

        (2) Nothing in this section precludes any person who is exempted under this section from obtaining an HVAC/R mechanic certificate, specialty certificate, temporary HVAC/R mechanic certificate, trainee certificate, or HVAC/R operator certificate if they otherwise meet the requirements of this chapter.


        NEW SECTION. Sec. 5. TEMPORARY EXEMPTION FROM CERTIFICATION. (1) Except for persons performing refrigeration work in a city with a population of five hundred thousand or more, the provisions of section 3(1) of this act do not apply to a person performing refrigeration work on a refrigeration system:

        (a) Using only class A1 refrigerants;

        (b) Used primarily for the refrigeration of food products; and

        (c) Physically located in an establishment whose North American industry classification system code is within "445."


        (2) Nothing in this section precludes any person exempted under this section from obtaining any of the certificates provided for in this chapter if he or she otherwise meets the requirements of this chapter.

        (3) This section expires June 30, 2013.


        NEW SECTION. Sec. 6. SPECIALTY CERTIFICATES--SCOPE OF WORK. The department may issue the following specialty certificates to an applicant who has successfully met the requirements under this chapter for a specialty certificate, and the scope of work that may be performed by a person under each of the specialty certificates is as follows:

        (1) Gas piping specialty mechanic I/II. A person issued a gas piping specialty mechanic I/II certificate may perform gas piping work on a fuel burning appliance with a maximum capacity of five hundred thousand BTUH.

        (2) Refrigeration specialty mechanic I. A person issued a refrigeration specialty mechanic I certificate may perform refrigeration work on a refrigeration system that contains less than thirty pounds of class A1 refrigerants.

        (3) HVAC specialty mechanic I. A person issued an HVAC specialty mechanic I certificate may perform HVAC work on HVAC equipment and systems of seven and one-half tons or less or HVAC equipment and systems of three thousand three hundred seventy-five CFM or less.

        (4) Refrigeration specialty mechanic II. A person issued a refrigeration specialty mechanic II certificate may perform refrigeration work on a refrigeration system that contains less than seventy pounds of class A1 refrigerants.

        (5) HVAC specialty mechanic II. A person issued an HVAC specialty mechanic II certificate may perform:

        (a) HVAC work authorized to be performed by an HVAC specialty mechanic I; and

        (b) HVAC work on HVAC equipment and systems of twenty tons or less or HVAC equipment and systems of nine thousand CFM or less.

        (6) Gas piping specialty mechanic III. A person issued a gas piping specialty mechanic III certificate may perform all gas piping work on any fuel burning appliance.

        (7) Refrigeration specialty mechanic III. A person issued a refrigeration specialty mechanic III certificate may perform refrigeration work on any refrigeration system using any refrigerant.

        (8) HVAC specialty mechanic III. A person issued an HVAC specialty mechanic III certificate may perform all HVAC work on HVAC equipment and systems.


        NEW SECTION. Sec. 7. HVAC/R MECHANIC CERTIFICATES--SCOPE OF WORK. The department may issue the following HVAC/R mechanic certificates to an applicant who has successfully met the requirements under this chapter for an HVAC/R certificate, and the scope of work that may be performed by a person under each of the HVAC/R mechanic certificates is as follows:

        (1) HVAC/R mechanic I. A person issued an HVAC/R mechanic I certificate may perform:

        (a) Gas piping work authorized to be performed by a gas piping specialty mechanic I/II;

        (b) Refrigeration work authorized to be performed by a refrigeration specialty mechanic I; and

        (c) HVAC work authorized to be performed by an HVAC specialty mechanic I.

        (2) HVAC/R mechanic II. A person issued an HVAC/R mechanic II certificate may perform:

        (a) Gas piping work authorized to be performed by a gas piping specialty mechanic I/II;

        (b) Refrigeration work authorized to be performed by a refrigeration specialty mechanic II; and

        (c) HVAC work authorized to be performed by an HVAC specialty mechanic II.

        (3) HVAC/R mechanic III. A person issued an HVAC/R mechanic III certificate may perform:

        (a) Gas piping work authorized to be performed by a gas piping specialty mechanic III;

        (b) Refrigeration work authorized to be performed by a refrigeration specialty mechanic III; and

        (c) HVAC work authorized to be performed by an HVAC specialty mechanic III.


        NEW SECTION. Sec. 8. TEMPORARY HVAC/R CERTIFICATE--APPLICATION--EXAMINATION REQUIRED. (1) On and after July 1, 2010, a person who has performed HVAC/R work in other states or countries may, in a form and manner prescribed by the department, apply for a temporary HVAC/R mechanic certificate to perform HVAC/R work in this state. The application shall contain evidence of the person's hours of HVAC/R work in the other states or countries that is verifiable by the department.

        (2) Upon review of the application provided in subsection (1) of this section, the department may:

        (a) If the applicant has accrued less than two thousand hours of HVAC/R work, not issue a temporary HVAC/R mechanic certificate;

        (b) If the applicant has accrued two thousand hours or more, but less than four thousand hours of HVAC/R work, issue a temporary HVAC/R mechanic I certificate;

        (c) If the applicant has accrued four thousand hours or more, but less than eight thousand hours of HVAC/R work, issue a temporary HVAC/R mechanic II certificate; or

        (d) If the applicant has accrued eight thousand hours or more of HVAC/R work, issue a temporary HVAC/R mechanic III certificate.

        (3) The temporary HVAC/R mechanic certificate issued under this section shall clearly indicate on the document that it is temporary in nature and contain the period for which it is valid.

        (4) A person issued a temporary HVAC/R mechanic certificate shall have that certificate in his or her possession when performing any HVAC/R work and shall show the certificate to any authorized representative of the department upon request.

        (5) A person issued a temporary HVAC/R mechanic certificate under this section may only perform the scope of work authorized under section 7 of this act for the equivalent HVAC/R mechanic certificate and may not supervise any person with a trainee certificate issued under this chapter.

        (6) A temporary HVAC/R mechanic certificate issued under this section shall be valid for ninety days from the date the department issues a certificate or until the date the department furnishes to the applicant the results of their examination for the equivalent HVAC/R mechanic certificate, whichever is later. The applicant must take the examination provided under this chapter for the equivalent HVAC/R mechanic certificate within the ninety-day period granted under this subsection.


        NEW SECTION. Sec. 9. TRAINEE CERTIFICATE. (1) A person may, in a form and manner prescribed by the department, apply for a trainee certificate to perform HVAC/R work in the state.

        (2) Upon receipt of the application, the department shall issue a trainee certificate to the applicant.


        (3) The HVAC/R work performed under a trainee certificate issued pursuant to this section must be:

        (a) Within the scope of work authorized under that certificate;

        (b) On the same job site and under the direction of an appropriately certified HVAC/R mechanic or an appropriately certified specialty mechanic; and

        (c) Under the applicable supervision ratios required in section 17 of this act.

        (4) A trainee shall have his or her certificate in his or her possession when performing any HVAC/R work and shall show the certificate to any authorized representative of the department upon request.

        (5) A trainee certificate shall be valid for a maximum of two years from the date of issuance. The certificate shall include the expiration date.

        (6) The department may only renew a training certificate when the trainee provides the department with:

        (a) An accurate list of the persons who employed the trainee in HVAC/R work for the previous two-year period and the number of hours of HVAC/R work performed under each employer; and

        (b) Evidence that the trainee has met the continuing education requirements in section 19 of this act.

        (7) If a person applies for a trainee certificate under this section and electrical trainee status under chapter 19.28 RCW, the department shall create, on or before July 1, 2011, a single document for that person that represents this concurrent trainee status.

        (8) A trainee who has not successfully passed any portion of the examinations provided for in section 13 of this act is prohibited from performing HVAC/R work in excess of two thousand hours beyond the amount of hours required to become eligible under the requirements of section 14(2)(c) of this act to take the examination for an HVAC/R mechanic III certificate.


        NEW SECTION. Sec. 10. HVAC/R OPERATOR CERTIFICATION. (1) An HVAC/R operating engineer may, in a form and manner prescribed by the department, apply for an HVAC/R operator certificate. For the purposes of this subsection, "HVAC/R operating engineer" means a full-time employee who spends a substantial portion of time in the maintenance and operation of HVAC/R equipment and systems in a building, or portion thereof, used for occupant comfort, manufacturing, processing, or storage of materials or products including, but not limited to, chemicals, food, candy, and ice cream factories, ice-making plants, meat packing plants, refineries, perishable food warehouses, hotels, hospitals, restaurants, and similar occupancies and equipped with a refrigeration system and whose duty it is to operate, maintain, and keep safe and in serviceable condition all of the employer's HVAC/R equipment and systems.

        (2) The department may issue an HVAC/R operator certificate to an applicant who has successfully passed the examination provided for in subsection (8) of this section.

        (3) The scope of work that may be performed by a person under an HVAC/R operator certificate is as follows:

        (a) Cleaning or replacing air filters, lubricating bearings, replacing fan belts, cleaning evaporators or condensers, cleaning cooling towers, or equipment logging on any HVAC/R equipment or systems; or

        (b) Performing minor HVAC/R equipment and systems repair and HVAC/R work on sealed HVAC/R equipment and systems.

        (4) A person who performs HVAC/R work on HVAC/R equipment or systems that: (a) Contain six pounds or less of any refrigerant and is actuated by a motor or engine having a standard rating of one-quarter horsepower or less; or (b) are an absorption system that has a rating of one-quarter ton or less refrigeration effect, is not required to obtain a certificate under this section.

        (5) Any person issued a valid refrigeration operating engineer license by the city of Seattle shall be issued an HVAC/R operator certificate without meeting any additional requirements.

        (6) A person issued a valid HVAC/R operator certificate under this section shall have his or her certificate in his or her possession when performing any HVAC/R work and shall show the certificate to any authorized representative of the department upon request.

        (7) An HVAC/R operator certificate issued under this section shall be valid for a maximum of three years and shall expire on the holder's birthdate. The certificate shall include the expiration date.

        (8) The department shall develop an examination that an applicant must pass before they can be issued an HVAC/R operator certificate under this section. The exam shall be comparable to the current refrigeration operating engineer license test used by the city of Seattle.

        (9) The hours accrued as an HVAC/R operating engineer under this section may accrue towards the hours required to be eligible to take an examination for an HVAC/R mechanic certificate under section 14 of this act only if the HVAC/R operating engineer is supervised by an appropriately certified HVAC/R mechanic or appropriately supervised specialty mechanic and was issued a trainee certificate under section 9 of this act.


        NEW SECTION. Sec. 11. HVAC/R MECHANIC CERTIFICATION WITHOUT EXAMINATION. (1) From July 1, 2009, until June 30, 2010, a person who has performed HVAC/R work may, in a form and manner prescribed by the department, apply for an HVAC/R mechanic certificate without examination. The application shall contain evidence of the person's hours of HVAC/R work or other required information that is verifiable by the department.

        (2) Upon review of the application provided in subsection (1) of this section, the department shall:

        (a) If the applicant has, since January 1, 1988, accrued less than two thousand hours of HVAC/R work, not issue any HVAC/R mechanic certificate;

        (b) If the applicant has, since January 1, 1988, accrued two thousand hours or more, but less than four thousand hours of HVAC/R work, issue an HVAC/R mechanic I certificate;

        (c) If the applicant has, since January 1, 1988, accrued four thousand hours or more, but less than eight thousand hours of HVAC/R work, issue an HVAC/R mechanic II certificate; or

        (d) If the applicant has, since January 1, 1988:

        (i) Accrued eight thousand hours or more of HVAC/R work;

        (ii) Completed an appropriately related apprenticeship program approved under chapter 49.04 RCW; or

        (iii) Completed an appropriately related apprenticeship program in another state or country equivalent to that provided in chapter 49.04 RCW, issue an HVAC/R mechanic III certificate.

        (3) Once the appropriate level of HVAC/R mechanic certificate is issued to a person under this section, that person shall become subject to the other provisions of this chapter for any additional certifications.

        (4) This section expires July 1, 2010.


        NEW SECTION. Sec. 12. SPECIALTY CERTIFICATION WITHOUT EXAMINATION. (1) From July 1, 2009, until June 30, 2010, a person who has performed HVAC/R work may, in a form and manner prescribed by the department, apply for specialty certificates without examination. The application shall contain evidence of the person's hours of HVAC/R work or other required information that is verifiable by the department.

        (2) Upon review of the application provided in subsection (1) of this section, the department shall:

        (a) If the applicant holds a valid journey refrigeration mechanic license issued by the city of Seattle, issue a refrigeration specialty mechanic III certificate and an HVAC specialty mechanic III certificate;

        (b) If the applicant has, since January 1, 1988, accrued one thousand hours of gas piping work, issue a gas piping specialty mechanic I/II certificate;

        (c) If the applicant was licensed in any local jurisdiction to perform gas piping work on a fuel burning appliance with a maximum capacity of five hundred thousand BTUH or less, issue a gas piping specialty mechanic I/II certificate; and

        (d) If the applicant was licensed in any local jurisdiction to perform all gas piping work on any fuel burning appliance, issue a gas piping specialty mechanic III certificate.

        (3) The specialty certificates provided for in subsection (2) of this section shall be in addition to any HVAC/R mechanic certificate issued by the department under section 11 of this act.

        (4) Once the appropriate level of specialty certificate is issued to a person under this section, that person shall become subject to the other provisions of this chapter for any additional certifications.

        (5) This section expires July 1, 2010.


        NEW SECTION. Sec. 13. EXAMINATION. (1) The department, with advice from the board, shall prepare three separate examinations for the assessment of each level of HVAC/R mechanic certification created in section 7 of this act. Within each examination, there shall be a distinct portion that assesses the competency of the applicant in the appropriate level of gas piping work, refrigeration work, and HVAC work. The department shall adopt rules necessary to implement this section.

        (2) The examinations provided for under this section shall be constructed to determine:

        (a) Whether the applicant possesses general knowledge of the technical information and practical procedures that are identified within the relevant scope of work; and

        (b) Whether the applicant is familiar with the applicable laws and administrative rules of the department pertaining to the relevant scope of work.

        (3) The department, with advice from the board, may enter into a contract with a professional testing agency to develop, administer, and score the examinations provided for in this section.

        (4) The department must administer, at least four times annually, each examination provided under this section to applicants who are eligible for examination under this chapter.

        (5) The department must certify the results of each examination administered under this section upon the terms and after such a period of time as the department, with the advice of the board, deems necessary and proper.

        (6) A person may be given the appropriate level of examination they are eligible to take as many times as necessary without limit.

        (7) The department, with the advice of the board, may adopt policies and procedures to make examinations available in alternative languages or formats to accommodate all applicants who are eligible for examination under this chapter.


        NEW SECTION. Sec. 14. APPLICATION FOR EXAMINATION--ELIGIBILITY. (1) A person with a valid temporary HVAC/R mechanic certificate or trainee certificate may, in a form and manner prescribed by the department, apply for any of the examinations provided for in section 13 of this act. The application shall contain evidence of the person's hours of HVAC/R work or other required information that is verifiable by the department.

        (2) Upon receipt of an application for examination under this section, the department shall review the application and determine whether the applicant is eligible to take an examination for an HVAC/R mechanic certificate using the following criteria:

        (a) HVAC/R mechanic I certificate. To be eligible to take the examination for an HVAC/R mechanic I certificate, the applicant must have:

        (i) Performed a minimum of one thousand hours of HVAC/R work and the entire amount of those hours must be supervised;

        (ii) Performed two thousand hours of HVAC/R work and seventy-five percent of those hours must be supervised; or

        (iii) Successfully completed an appropriately related apprenticeship program approved under chapter 49.04 RCW that meets the requirements of this level of certification.

        (b) HVAC/R mechanic II certificate. To be eligible to take the examination for an HVAC/R mechanic II certificate, the applicant must have:

        (i) Performed a minimum of four thousand hours of HVAC/R work and seventy-five percent of those hours must be supervised; or

        (ii) Successfully completed an appropriately related apprenticeship program approved under chapter 49.04 RCW that meets the requirements of this level of certification.

        (c) HVAC/R mechanic III certificate. To be eligible to take the examination for an HVAC/R mechanic III certificate, the applicant must have:

        (i) Performed under appropriate supervision levels the amount of HVAC/R work required for an HVAC/R mechanic II certificate under (b)(i) of this subsection plus an additional two thousand hours and the entire amount of the additional hours required under this subsection must be supervised;

        (ii) Performed HVAC/R work for a minimum of eight thousand hours and seventy-five percent of those hours must be supervised; or

        (iii) Successfully completed an appropriately related apprenticeship program under chapter 49.04 RCW that meets the requirements of this level of certification.

        (3) For the purposes of this section, "supervised" means:

        (a) A person has performed HVAC/R work on the same job site and under the direction of an appropriately certified HVAC/R mechanic or an appropriately certified specialty mechanic; and

        (b) The appropriate supervision ratios required in section 17 of this act were followed.

        (4) If any of an applicant's certificates issued prior to the current application have been revoked, the department may deny the current application for up to two years.

        (5) Upon determining that the applicant is eligible to take an examination under this section, the department shall so notify the applicant, indicating the time and place for taking the examination.

        (6) Work hours being accrued by an applicant as hours of HVAC/R work under this chapter or towards electrical certification under chapter 19.28 RCW may be credited for both the hours of HVAC/R work required under this chapter and the hours of work required under chapter 19.28 RCW.

        (7) If an applicant is eligible for an examination under this section and an examination under chapter 19.28 RCW, the department may administer all such examinations at the same examination session. However, upon request of the applicant, the department may administer each examination at the time required in statute or rule for each examination.


        NEW SECTION. Sec. 15. ALTERNATIVES TO WORK EXPERIENCE. (1) A person who has applied for an examination under section 14 of this act and who has successfully completed a board-approved program in HVAC/R work at a technical college, may substitute technical college program hours for hours of HVAC/R work as follows:


 

Type of Certificate

Substitution for Hours of HVAC/R Work

(a)

HVAC/R Mechanic I

Up to 1,000 hours of technical college program may be

substituted for up to 1,000 hours of HVAC/R work.

(b)

HVAC/R Mechanic II

Up to 2,000 hours of technical college program may be

substituted for up to 2,000 hours of required HVAC/R

work.

(c)

HVAC/R Mechanic III

Up to 4,000 hours of technical college program may be

substituted for up to 4,000 hours of HVAC/R work.


        (2) A person who has applied for an examination under section 14 of this act and who has received training in HVAC/R work in the United States armed forces may substitute those training hours for hours of HVAC/R work subject to approval of the department.

        (3) The department shall determine whether program hours accrued under subsection (1) of this section or the training hours accrued under subsection (2) of this section are in HVAC/R work and are appropriate as a substitute for hours of HVAC/R work.


        NEW SECTION. Sec. 16. ISSUANCE OF CERTIFICATES--RENEWAL. (1) If an applicant passes all portions of the examination administered to him or her under this chapter, that person:

        (a) Is entitled to be issued the appropriate level of HVAC/R mechanic certificate; and

        (b) Is subject to the other provisions of this chapter for additional certifications.

        (2) If an applicant fails to pass one or more portions of an examination administered to him or her under this chapter, that person:

        (a) Is still entitled to be issued the appropriate specialty certificate for each portion of the examination that was passed; and

        (b) Is subject to the other provisions of this chapter for additional certifications.

        (3)(a) If an applicant demonstrates that he or she has passed required modules of a national certification program and, as a result, has been issued an equivalent level of certification by the national propane gas association, that person is entitled to be issued a gas piping specialty mechanic I/II certificate.

        (b) A person certified as a gas piping specialty mechanic I/II under (a) of this subsection is subject to the requirements of this chapter to obtain any additional certificates.

        (c) Nothing in this subsection (3) shall be construed to prohibit a person from obtaining any of the other certificates provided for in this chapter if they otherwise meet the requirements of this chapter.

        (4) An HVAC/R mechanic certificate or specialty certificates shall be valid for a maximum of three years and shall expire on the holder's birthdate. All certificates shall include the expiration date.

        (5) A person issued an HVAC/R mechanic certificate or specialty certificate may only perform the scope of work authorized under sections 6 and 7 of this act for the certificate.

        (6) A person issued an HVAC/R mechanic certificate or specialty certificate shall have the certificate in his or her possession when performing any HVAC/R work and shall show the certificate to any authorized representative of the department upon request.

        (7) The department shall renew an HVAC/R mechanic certificate or specialty certificate if the person issued the certificate:

        (a) Applies for renewal of his or her certificate not more than ninety days after the certificate expires; and

        (b) Has complied with the continuing education requirement in section 19 of this act.

        (8) The department may not renew a certificate that has been revoked or suspended.

        (9) The department may deny renewal of a certificate if the person seeking renewal owes outstanding penalties for a final judgment under this chapter.

        (10) The department shall, on or before July 1, 2011, create a single document and establish a single expiration date for a person who holds two or more certificates or specialty certificates under chapter 18.106 RCW, chapter 19.28 RCW, and this chapter. The document shall list all of the person's certificates and specialty certificates.


        NEW SECTION. Sec. 17. SUPERVISION RATIOS--SUPERVISION. (1) The ratio of trainees to appropriately certified HVAC/R mechanics or appropriately certified specialty mechanics on the same job site must not be greater than:

        (a) For trainees not in a technical college program, two trainees to each appropriately certified HVAC/R mechanic or appropriately certified specialty mechanic; or

        (b) For trainees in a technical college program, four trainees to each appropriately certified HVAC/R mechanic or appropriately certified specialty mechanic.

        (2) When the ratio of trainees to appropriately certified HVAC/R mechanics or appropriately certified specialty mechanics on a job site is one appropriately certified HVAC/R mechanic or appropriately certified specialty mechanic to one or two trainees, the appropriately certified HVAC/R mechanic or appropriately certified specialty mechanic must be on the same job site as the trainees for a minimum of seventy- five percent of each working day.

        (3) When the ratio of trainees to appropriately certified HVAC/R mechanics or appropriately certified specialty mechanics on a job site is one appropriately certified HVAC/R mechanic or appropriately certified specialty mechanic to three or four trainees, the appropriately certified HVAC/R mechanic or appropriately certified specialty mechanic must:

        (a) Directly supervise and instruct the trainees and may not directly make or engage in HVAC/R work; and

        (b) Be on the same job site as the trainees for one hundred percent of each working day.


        (4) Hours of HVAC/R work that are performed when the supervision ratios are not in compliance with this section do not qualify as supervised hours when accruing hours of HVAC/R work under this chapter.

        (5) Notwithstanding any other provision of this chapter, a person:

        (a) Who has successfully completed, or is currently enrolled in, an approved appropriately related apprenticeship program or an HVAC/R program at a technical college may perform, unsupervised, the remaining six months of the experience requirements of this chapter;

        (b) Determined to be eligible for examination under section 14(2)(a)(i) of this act and who passes all portions of that examination, may perform, unsupervised, the remaining one thousand hours of HVAC/R work required under this chapter for an HVAC/R mechanic I certificate. However, all HVAC/R work performed by this person must be within the scope of work for an HVAC/R mechanic I certificate and this person may not supervise other trainees until they have completed the full two thousand hours of HVAC/R work required by this chapter;

        (c) Determined to be eligible for examination under section 14(2)(c)(i) of this act and who passes all portions of that examination, may perform, unsupervised, the remaining two thousand hours of HVAC/R work required under this chapter for an HVAC/R mechanic III certificate. However, all HVAC/R work performed by this person must be within the scope of work for an HVAC/R mechanic III certificate and this person may not supervise other trainees until they have completed the full eight thousand hours of HVAC/R work required by this chapter.


        NEW SECTION. Sec. 18. CONTRACTOR REPORTING--AUDIT OF RECORDS. (1) Every person who employs a trainee performing HVAC/R work shall report to the department:

        (a) The names and certificate numbers of any trainee who performed HVAC/R work for them and the hours of HVAC/R work performed by each trainee; and

        (b) The names and certificate numbers of the appropriately certified HVAC/R mechanics or appropriately certified specialty mechanics who supervised the trainees identified in (a) of this subsection.

        (2) Every person who reported hours of HVAC/R work performed by trainees under subsection (1) of this section shall attest that all of the reported hours of HVAC/R work performed by trainees was in compliance with the supervision ratio requirements in section 17 of this act.

        (3) The department may audit the records of a person who reported hours of HVAC/R work performed by trainees under subsection (1) of this section in the following circumstances: (a) Excessive hours were reported; (b) hours were reported outside the normal course of the HVAC/R contractor's business; (c) the type of hours reported do not reasonably match the type of permits purchased; or (d) for other similar circumstances in which the department demonstrates a likelihood of excessive hours being reported. The department shall limit the audit to records necessary to verify hours.

        (4) Information obtained by the department from any person under this section is confidential and exempt from public disclosure under chapter 42.56 RCW.


        NEW SECTION. Sec. 19. CONTINUING EDUCATION. (1) A person issued an HVAC/R mechanic certificate or any specialty certificates under this chapter must, prior to the renewal date on their certificate, demonstrate satisfactory completion of twenty-four hours of continuing education.

        (2) The department, with the advice of the board, shall determine the contents of the continuing education courses required in subsection (1) of this section and establish the requirements for satisfactory completion of such courses. If the department determines that a continuing education course offered in another state is comparable to courses offered in Washington, the department shall accept proof of satisfactory completion of the out-of-state course as meeting the continuing education requirement in this section.

        (3) A trainee must, prior to the renewal date on their certificate, demonstrate satisfactory completion of sixty hours of related supplemental instruction or equivalent training courses, or courses taken as part of an appropriately related apprenticeship program approved under chapter 49.04 RCW.

        (4) The department, with the advice of the board, shall determine the contents of the related supplemental instruction or equivalent training courses, or courses taken as part of an appropriately related apprenticeship program approved under chapter 49.04 RCW required under subsection (3) of this section, and establish the requirements for satisfactory completion of such courses.

        (5) All hours required under this section shall be accrued concurrently and shall not exceed sixty hours for any person in any certificate renewal period.

        (6) Hours of approved continuing education required under this section and hours of approved continuing education required under chapter 19.28 RCW may be accrued concurrently. However, nothing in this subsection shall be construed to relieve any person from having to complete any continuing education mandated by the department by rule pursuant to this chapter or pursuant to chapter 19.28 RCW.


        NEW SECTION. Sec. 20. RECIPROCITY. The department may enter into a reciprocity agreement with another state whose certification requirements are equal to the standards set under this chapter. The reciprocity agreement shall provide for the acceptance of Washington and the other state's certification program or its equivalent by Washington and the other state.


        NEW SECTION. Sec. 21. SUSPENSION AND REVOCATION. (1) The department may revoke any certificate issued under this chapter if the department determines that the recipient: (a) Obtained the certificate through error or fraud; (b) is incompetent to perform HVAC/R work; or (c) committed a violation of this chapter or rules adopted under this chapter that presents imminent danger to the public.

        (2) The department shall immediately suspend the certificates of any person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.


        NEW SECTION. Sec. 22. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. The proceedings for denying applications, suspending or revoking certificates, and imposing civil penalties or other remedies issued pursuant to this chapter and any appeal from those proceedings or review of those proceedings shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW.


        NEW SECTION. Sec. 23. LIABILITY. (1) This chapter may not be construed to relieve from or lessen the responsibility or liability of any person for injury or damage to person or property caused by or resulting from any HVAC/R work performed by the person.

        (2) The state of Washington and its officers, agents, and employees may not be held liable for any acts performed pursuant to this chapter.


        NEW SECTION. Sec. 24. HVAC/R BOARD. (1) An HVAC/R board is established.

        (2) The board shall consist of thirteen members to be appointed by the governor with the advice of the director.

        (a) Four members shall be certified HVAC/R mechanics, of which at least one, but not more than two, shall be a certified HVAC/R mechanic performing HVAC/R work east of the crest of the Cascade mountains.

        (b) Four members shall be HVAC/R contractors, of which at least one, but not more than two, shall be an HVAC/R contractor doing business east of the crest of the Cascade mountains.

        (c) One member shall be from the general public and be familiar with HVAC/R work.

        (d) One member shall be a building operator representing the commercial property management industry.

        (e) One member shall be from the stationary operating engineers.

        (f) One member shall be from a technical college or an approved apprenticeship training program.

        (g) One member shall be a building official familiar with enforcement of HVAC/R work.

        (3) Except as provided in this subsection, the term of each member shall be three years. The term of each initial member shall expire as follows: (a) The terms of the first certified HVAC/R mechanic and the first HVAC/R contractor shall expire July 1, 2009; (b) the terms of the second certified HVAC/R mechanic, the second HVAC/R contractor, and the public member shall expire July 1, 2010; and (c) the terms of the third certified HVAC/R mechanic and the third certified HVAC/R contractor shall expire July 1, 2011. To ensure that the board may continue to act, a member whose term expires shall continue to serve until his or her replacement is appointed. In the case of any vacancy on the board for any reason, the governor shall appoint a new member to serve out the term of the person whose position has become vacant.

        (4) The board shall, at its first meeting, elect one of its members to serve as chair.

        (5) The board shall meet at least quarterly in accordance with a schedule established by the board.

        (6) The board shall:

        (a) Conduct proceedings for denying applications, suspending or revoking certificates, and imposing civil penalties or other remedies. Such proceedings shall be conducted in accordance with chapter 34.05 RCW;

        (b) Review and make recommendations to adopt, amend, or repeal any rules under this chapter. The director may not adopt, amend, or repeal any rules until the board has conducted its review and made its recommendations;

        (c) Establish an alternative method or methods for persons to attest for hours of HVAC/R work when applying for certificates under this chapter, but only when all traditional methods allowing for verification of hours of HVAC/R work have been exhausted;

        (d) Approve expenditures from the plumbing and HVAC/R certificate fund; and

        (e) Advise the department on all other matters relative to this chapter.

        (7) The members of the board are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.


        NEW SECTION. Sec. 25. ADMINISTRATION. (1) The director may adopt rules necessary for the administration of this chapter.

        (2) The department shall administer this chapter in conjunction with its administration of chapter 18.106 RCW.

        (3) In the administration of this chapter, the department shall not enter any controversy arising over work assignments with respect to the trades involved in the construction industry.


        NEW SECTION. Sec. 26. EFFECT ON OTHER LAWS. With the exception of sections 2(3), 9(7), 14 (6) and (7), 16(10), and 19(6) of this act, nothing in this chapter shall be construed to:

        (1) Modify, amend, or supersede chapter 18.106 or 19.28 RCW;

        (2) Prohibit or restrict an individual who is certified under chapter 18.106 or 19.28 RCW from engaging in the trade in which he or she is certified; or

        (3) Regulate or include plumbing work defined in chapter 18.106 RCW and its applicable rules or electrical work defined in chapter 19.28 RCW and its applicable rules.


        NEW SECTION. Sec. 27. COMPLIANCE AGENTS. (1) The director shall appoint compliance agents to investigate alleged or apparent violations of this chapter. The director, or authorized compliance agent, upon presentation of appropriate credentials, may inspect and investigate job sites at which an HVAC/R contractor had bid or presently is working to determine whether the HVAC/R contractor is registered and their employees are certified and working in accordance with this chapter or the rules adopted under this chapter or whether there is a violation of this chapter. Upon request of the compliance agent, an HVAC/R contractor or an employee of the HVAC/R contractor shall provide information identifying the HVAC/R contractor and those employees working on-site.

        (2) If the employee of an unregistered HVAC/R contractor is cited by a compliance agent, that employee is cited as the agent of the employer, and issuance of the infraction to the employee is notice to the unregistered HVAC/R contractor that the contractor is in violation of this chapter. An employee who is cited by a compliance agent shall not be liable for any of the alleged violations contained in the citation unless the employee is also the unregistered HVAC/R contractor or the employee is performing HVAC/R work that requires a certification under this chapter without proper proof of the certification.


        NEW SECTION. Sec. 28. NOTICE OF INFRACTION. The department may issue a notice of infraction if the department reasonably believes that a person has committed an infraction under this chapter. A notice of infraction issued under this section shall be personally served on the person named in the notice by the department's compliance agents or service can be made by certified mail directed to the person named in the notice of infraction at the last known address as provided to the department.



        NEW SECTION. Sec. 29. NOTICE OF INFRACTION FORM. The form of the notice of infraction issued under this chapter shall include the following:

        (1) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;

        (2) A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;

        (3) A statement of the violation that necessitated issuance of the infraction;

        (4) A statement of penalty involved if the infraction is established;

        (5) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

        (6) A statement that at any hearing to contest the notice of infraction the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses, including the compliance agent of the department who issued and served the notice of infraction;

        (7) A statement that, at any hearing to contest the notice of infraction against a person who is not properly registered or certified as required under this chapter, the person given the infraction has the burden of proving that the infraction did not occur;

        (8) A statement that the person named on the notice of infraction must respond to the notice in one of the ways provided in this chapter; and

        (9) A statement that the person's failure to timely select one of the options for responding to the notice of infraction after receiving a statement of the options provided in this chapter for responding to the notice of infraction and the procedures necessary to exercise these options is guilty of a gross misdemeanor and may be punished by a fine or imprisonment in jail.


        NEW SECTION. Sec. 30. VIOLATIONS. A violation designated as an infraction under this chapter shall be heard and determined by an administrative law judge of the office of administrative hearings. If a person desires to contest the notice of infraction, the person shall file a notice of appeal with the department specifying the grounds of the appeal within twenty days of service of the infraction in a manner provided by this chapter. The administrative law judge shall conduct hearings in these cases at locations in the county where the infraction occurred.


        NEW SECTION. Sec. 31. RESPONSE TO NOTICE OF INFRACTION. (1) A person who is issued a notice of infraction shall respond within twenty days of the date of issuance of the notice of infraction.

        (2) If the person named in the notice of infraction does not elect to contest the notice of infraction, then the person shall pay to the department, by check or money order, the amount of the penalty prescribed for the infraction. When a response that does not contest the notice of infraction is received by the department with the appropriate penalty, the department shall make the appropriate entry in its records.

        (3) If the person named in the notice of infraction elects to contest the notice of infraction, the person shall respond by filing with the department specifying the appeal to the department in the manner specified in this chapter.

        (4) If any person issued a notice of infraction fails to respond within the prescribed response period, the person shall be guilty of a misdemeanor and prosecuted in the county where the infraction occurred.

        (5) After final determination by an administrative law judge that an infraction has been committed, a person who fails to pay a monetary penalty within thirty days, that is not waived pursuant to this chapter, and who fails to file an appeal shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred.

        (6) A person who fails to pay a monetary penalty within thirty days after exhausting appellate remedies shall be guilty of a misdemeanor and be prosecuted in the county where the infraction occurred.

        (7) If a person who is issued a notice of infraction is a person who has failed to register or be certified as required under this chapter, the person is subject to a monetary penalty per infraction as provided in the schedule of penalties established by the department, and each day the person works without becoming registered or certified is a separate infraction.


        NEW SECTION. Sec. 32. CODIFICATION. Sections 1 through 31 of this act constitute a new chapter in Title 18 RCW.


        NEW SECTION. Sec. 33. CAPTIONS. Captions used in this act are not any part of the law.


        NEW SECTION. Sec. 34. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


        NEW SECTION. Sec. 35. EFFECTIVE DATE. This act takes effect July 1, 2008."


        Correct the title.

 

Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

 

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


       Passed to Committee on Rules for second reading.


February 27, 2008

ESSB 5959   Prime Sponsor, Senate Committee on Ways & Means: Providing assistance to homeless individuals and families. (REVISED FOR ENGROSSED: Providing assistance to individuals and families who are homeless or at risk of being homeless. ) Reported by Committee on Housing

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. (1) The legislature finds that there is a large, unmet need for affordable housing and affordable housing assistance in the state of Washington, causing many low-income individuals and families to be at risk of homelessness. The legislature declares that a decent, appropriate, and affordable home in a healthy, safe environment for every household should be a state goal. Furthermore, this goal includes increasing the percentage of low-income households who are ultimately able to obtain and retain housing without government subsidies or other public support.

        (2) The legislature finds that the state should provide financial resources as well as case management to help individuals and families at risk of homelessness obtain and retain housing and work towards a goal of self-sufficiency where possible.

        (3) The legislature finds that there are many root causes of the affordable housing shortage and declares that it is critical that such causes be analyzed, effective solutions be developed, implemented, monitored, and evaluated, and that these causal factors be eliminated. The legislature also finds that there is a taxpayer and societal cost associated with a lack of jobs that pay self-sufficiency standard wages and a shortage of affordable housing, and that the state must identify and quantify that cost.

        (4) The legislature finds that the support and commitment of all sectors of the statewide community is critical to accomplishing the state's affordable housing for all goal. The legislature finds that the provision of housing and housing-related services should be administered both at the state level and at the local level. However, the state should play a primary role in: Providing financial resources to achieve the goal at all levels of government; researching, evaluating, benchmarking, and implementing best practices; continually updating and evaluating statewide housing data; developing a state plan that integrates the strategies, goals, objectives, and performance measures of all other state housing plans and programs; coordinating and supporting county government plans and activities; and directing quality management practices by monitoring both state and county government performance towards achieving interim and ultimate goals.

        (5) The legislature declares that the systematic and comprehensive performance measurement and evaluation of progress toward interim goals and the immediate state affordable housing goal of a decent, appropriate, and affordable home in a healthy, safe environment for every household in the state by 2020 is a necessary component of the statewide effort to end the affordable housing crisis.


        NEW SECTION. Sec. 2. This chapter may be known and cited as the Washington affordable housing for all act.


        NEW SECTION. Sec. 3. There is created within the department the state affordable housing for all program. The goal of the program is a decent, appropriate, and affordable home in a healthy, safe environment for every household in the state by 2020. A priority must be placed upon achieving this goal for extremely low-income households as well as all households who are at risk of homelessness. This goal includes: (1) Increasing the percentage of households who access housing that is affordable for their income or wage level without government assistance by increasing the number of previously very low-income households who achieve self-sufficiency and economic independence; (2) providing financial assistance, either from the state or local resources to individuals and families at risk of homelessness, coupled with supportive services to assist families to ultimately achieve self-sufficiency whenever possible; and (3) implementing strategies to keep the rising price of housing for all economic segments to a rate less than that of the overall growth in wages for each economic segment. The department shall develop and administer the affordable housing for all program. Each county shall participate in the affordable housing for all program except as provided in section 8 of this act; however, in the development and implementation of the program scope and requirements at the county level, the department shall consider: The funding level to counties, number of county staff available to implement the program, and competency of each county to meet the goals of the program; and establish program guidelines, performance measures, and reporting requirements appropriate to the existing capacity of the participating counties.


        NEW SECTION. Sec. 4. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

        (1) "Affordable housing" means housing that has a sales price or rental amount that is within the means of a household that may occupy low, very low, and extremely low-income housing. The department shall adopt policies for residential rental and homeownership housing, occupied by extremely low, very low, and low-income households, that specify the percentage of household income that may be spent on monthly housing costs, including utilities other than telephone, to qualify as affordable housing.

        (2) "Affordable housing for all program" means the program authorized under this chapter, as administered by the department at the state level and by each county at the local level.

        (3) "At risk of homelessness" means any low, very low, or extremely low-income individual or family residing in housing that is not affordable housing.

        (4) "Authority" or "housing authority" means any of the public corporations created in RCW 35.82.030.

        (5) "County" means a county government in the state of Washington or, except under RCW 36.22.178 (as recodified by this act), a city government or collaborative of city governments within that county if (a) the county government declines to participate in the affordable housing program and (b) as described under section 8 of this act, a city or collaborative of city governments elects to participate in the program.

        (6) "County affordable housing for all plan" or "county plan" means the plan developed by each county with the goal of ensuring that every household in the county has a decent, appropriate, and affordable home in a healthy, safe environment by 2020.

        (7) "County affordable housing task force" means a county committee, as described in section 6 of this act, created to prepare and recommend to its county legislative authority a county affordable housing for all plan, and also to recommend expenditures of the funds from the affordable housing for all program surcharge in RCW 36.22.178 (as recodified by this act) and all other sources directed to the county's affordable housing for all program.

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

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

        (10) "Eligible organizations" means eligible organizations as described in RCW 43.185.060.

        (11) "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than thirty percent of the median family income, adjusted for household size for the county where the project is located.

        (12) "First-time home buyer" means an individual or his or her spouse who have not owned a home during the three-year period prior to purchase of a home.


        (13) "Local government" means a county or city government in the state of Washington or, except under RCW 36.22.178 (as recodified by this act), a city government or collaborative of city governments within that county if (a) the county government declines to participate in the affordable housing program and (b) as described under section 8 of this act, a city or collaborative of city governments elects to participate in the program.

        (14) "Low-income household," for the purposes of the affordable housing for all program, means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median household income, adjusted for household size for the county where the project is located.

        (15) "Nonprofit organization" means any public or private nonprofit organization that: (a) Is organized under federal, state, or local laws; (b) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; and (c) has among its purposes, significant activities related to the provision of decent housing that is affordable to extremely low-income, very low-income, low-income, or moderate-income households and special needs populations.

        (16) "Performance evaluation" means the process of evaluating the performance by established objective, measurable criteria according to the achievement of outlined goals, measures, targets, standards, or other outcomes using a ranked scorecard from highest to lowest performance which employs a scale of one to one hundred, one hundred being the optimal score.

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

        (18) "Quality management program" means a nationally recognized program using criteria similar or equivalent to the Baldridge criteria. Beginning in 2010, each city, town, and county receiving over five hundred thousand dollars a year during the previous calendar year from (a) state housing-related funding sources, including the housing trust fund and the transitional housing operating and rent program created in section 12 of this act, (b) the affordable housing for all program surcharge in RCW 36.22.178 (as recodified by this act), (c) the home security fund surcharges in RCW 36.22.179 and 36.22.1791 (as recodified by this act), and (d) any other surcharge charged under chapter 36.22 or 43.185C RCW to fund homelessness or other housing programs shall apply to the Washington state quality award program for an independent assessment of its quality management, accountability, and performance system, once every three years beginning by January 1, 2011.

        (19) "Regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies, including those embodied in statutes, ordinances, regulations, or administrative procedures or processes, required to be identified by the state, cities, towns, or counties in connection with strategies under section 105(b)(4) of the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.).

        (20) "State affordable housing for all plan" or "state plan" means the plan developed by the department in collaboration with the affordable housing advisory board with the goal of ensuring that every household in Washington has a decent, appropriate, and affordable home in a healthy, safe environment by 2020.

        (21) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than fifty percent of the median family income, adjusted for household size for the county where the project is located.


        Sec. 5. RCW 43.185B.040 and 1993 c 478 s 12 are each amended to read as follows:

        (1) The department shall, in consultation with the affordable housing advisory board created in RCW 43.185B.020 (as recodified by this act), prepare and ((from time to time amend a five-year)) annually update a state affordable housing ((advisory)) for all plan with an ultimate goal of achieving a decent, appropriate, and affordable home in a healthy, safe environment for every household in the state by 2020. The state plan must also incorporate the strategies, objectives, goals, and performance measures of all other housing-related state plans, including the state homeless housing strategic plan required under RCW 43.185C.040 and all state housing programs. The state affordable housing for all plan may be combined with the state homeless housing strategic plan required under RCW 43.185C.040 or any other existing state housing plan as long as the requirements of all of the plans to be merged are met.

        (2) The purpose of the state affordable housing for all plan is to:

        (a) Document the need for affordable housing in the state, including the need amongst households at risk of homelessness, and the extent to which that need is being met through public and private sector programs((, to));

        (b) Outline the development of sound strategies and programs to provide affordable housing to all households;

        (c) Establish, evaluate, and report upon performance measures, goals, and timelines that are determined by the department for the affordable housing for all program and the state and local affordable housing for all plans, as well as for all federal, state, and local housing programs and plans operated or coordinated by the department, including: (i) Federal block grant programs; (ii) the Washington housing trust fund; and (iii) all local surcharge funds collected with the purpose of addressing homelessness and affordable housing; and

        (d) Facilitate state and county government planning to meet the state affordable housing ((needs of the state, and to enable the development of sound strategies and programs for affordable housing)) for all goal.

        ((The information in the five-year housing advisory plan must include:

        (a) An assessment of the state's housing market trends;

        (b) An assessment of the housing needs for all economic segments of the state and special needs populations;

        (c) An inventory of the supply and geographic distribution of affordable housing units made available through public and private sector programs;

        (d) A status report on the degree of progress made by the public and private sector toward meeting the housing needs of the state;

        (e) An identification of state and local regulatory barriers to affordable housing and proposed regulatory and administrative techniques designed to remove barriers to the development and placement of affordable housing; and

        (f) Specific recommendations, policies, or proposals for meeting the affordable housing needs of the state.

        (2))) (3)(a) The department, in consultation with the affordable housing advisory board, shall develop recommendations for affordable housing for all program performance measures, short-term and long-term goals, and timelines, as well as information to be collected, analyzed, and reported upon in the state and local affordable housing for all plans. One performance measure must address the program's effectiveness in achieving the ultimate goal of a decent, appropriate, and affordable home in a healthy, safe environment for every household in the state by 2020. Another specific performance measure must be to ensure that the rate of growth in the overall price of housing for each economic segment is less than that of the overall growth in wages for each economic segment. The department shall present its recommendations for additional performance measures to the appropriate committees of the legislature by December 31, 2008.

        (b) Performance measures and other required plan components must be reviewed annually by the department after soliciting feedback from the affordable housing advisory board, appropriate committees of the legislature, and all county affordable housing for all task forces.

        (c) The department may determine a timeline to implement and measure each performance measure for the state and county affordable housing for all programs, except that the state and all counties participating in the affordable housing for all program must implement and respond to all performance measures by January 1, 2011, unless the department determines that a performance measure is not applicable to a specific county based on parameters and thresholds established by the department.

        (4) The ((five-year)) state affordable housing ((advisory)) for all plan required under ((subsection (1) of)) this section must be submitted to the appropriate committees of the legislature on or before ((February 1, 1994)) January 15, 2010, and subsequent updated plans must be submitted ((every five years)) by January 15th each year thereafter.

        (((b) Each February 1st, beginning February 1, 1995, the department shall submit an annual progress report, to the legislature, detailing the extent to which the state's affordable housing needs were met during the preceding year and recommendations for meeting those needs))

        (5) To guide counties in preparation of county affordable housing for all plans required under section 7 of this act, the department shall issue, by December 31, 2009, guidelines for preparing county plans consistent with this chapter. County plans must include, at a minimum, the same information reporting and analysis on a local level and the same performance measures as the state plan.

        (6) Each year, beginning in 2010, the department shall:

        (a) Summarize key information from county plans, including a summary of local city and county housing program activities and a summary of legislative recommendations;

        (b) Conduct annual performance evaluations of county plans; and

        (c) Conduct annual performance evaluations of all counties according to their performance in achieving affordable housing goals stated in their plans.

        (7) The department shall include a summary of county affordable housing for all plans and the results of performance evaluations in the state affordable housing for all plan beginning in 2010.

        (8) Based on changes to the general population and in the housing market, the department may revise the performance measures and goals of the state affordable housing for all plan and set goals for years following December 31, 2020.


        NEW SECTION. Sec. 6. Each county shall convene a county affordable housing task force. The task force must be a committee, made up of volunteers, created to prepare and recommend to the county legislative authority a county affordable housing for all plan and also to recommend appropriate expenditures of the affordable housing for all program funds provided for in RCW 36.22.178 (as recodified by this act) and any other sources directed to the county program. The county affordable housing task force must include a representative of the county, a representative from the city with the highest population in the county, a representative from all other cities in the county with a population greater than fifty thousand, a member representing beneficiaries of affordable housing programs, other members as may be required to maintain eligibility for federal funding related to housing programs and services, and a representative from both a private nonprofit organization and a private for-profit organization with experience in very low-income housing. The task force may be the same as the homeless housing task force created in RCW 43.185C.160 or the same as another existing task force or other formal committee that meets the requirements of this section.


        NEW SECTION. Sec. 7. (1) Each county shall direct its affordable housing task force to prepare and recommend to its county legislative authority a county affordable housing for all plan for its jurisdictional area. Each county shall adopt a county plan by June 30, 2010, and update the plan annually by June 30th thereafter. All plans must be forwarded to the department by the date of the adoption. County affordable housing for all plans may be combined with the local homeless housing plans required under RCW 43.185C.040, county comprehensive plans required under RCW 36.70A.040, or any other existing plan addressing housing within a county as long as the requirements of all of the plans to be merged are met. For counties required or choosing to plan under RCW 36.70A.040, county affordable housing for all plans must be consistent with the housing elements of comprehensive plans described in RCW 36.70A.070(2). County plans must also be consistent with any existing local homeless housing plan required in RCW 43.185C.050.

        (2) County affordable housing for all plans must be primarily focused on (a) ensuring that every household, including those households at risk of homelessness, in the county jurisdictional area has a decent, appropriate, and affordable home in a healthy, safe environment by 2020 with a priority placed on achieving this goal for low-income households and (b) increasing the percentage of households, who receive assistance from the transitional housing operating and rent program created in section 12 of this act, who ultimately are able to access affordable housing without government assistance. County affordable housing for all plans must include:

        (i) At a minimum, the same information, analysis, and performance measures as the state affordable housing for all plan, including information and performance measurement data, where available, on state supported housing programs and all city and county housing programs, including local housing-related levy initiatives, housing-related tax exemption programs, and federally funded programs operated or coordinated by local governments;

        (ii) Information on the uses of the affordable housing for all surcharge as required in RCW 36.22.178(4) (as recodified by this act);

        (iii) Information on the activities and accomplishments of the transitional housing operating and rent program, as required in section 12 of this act;

        (iv) Timelines for the accomplishment of interim goals and targets, and for the acquisition of projected financing that is appropriate for outlined goals and targets;

        (v) An identification of challenges to reaching the affordable housing for all goal;

        (vi) A total estimated amount of funds needed to reach the local affordable housing for all goal and an identification of potential funding sources; and


        (vii) State legislative recommendations to enable the county to achieve its affordable housing for all goals. Legislative recommendations must be specific and, if necessary, include an estimated amount of funding required and suggestions of an appropriate funding source.


        NEW SECTION. Sec. 8. (1) Any county may decline to participate in the affordable housing for all program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution must also be transmitted to the county auditor and treasurer. Counties that decline to participate shall not be required to establish an affordable housing task force or to create a county affordable housing for all plan. Counties declining to participate in the affordable housing for all program shall continue to be eligible to receive funding through the transitional housing operating and rent program created in section 12 of this act. Counties declining to participate in the affordable housing for all program shall also continue to collect and utilize the affordable housing for all surcharge for the purposes described in RCW 36.22.178 (as recodified by this act); however, such counties shall not be allocated any additional affordable housing for all program funding that is specifically provided for program planning and administrative purposes. Counties may opt back into the affordable housing for all program authorized by this chapter at a later date through a process and timeline to be determined by the department.

        (2) If a county declines to participate in the affordable housing for all program authorized in this chapter, a city or formally organized collaborative of cities within that county may forward a resolution to the department stating its intention and willingness to operate an affordable housing for all program within its jurisdictional limits. The department must establish procedures to choose amongst cities or collaboratives of cities in the event that more than one city or collaborative of cities express an interest in participating in the program. Participating cities or collaboratives of cities must fulfill the same requirements as counties participating in the affordable housing for all program.


        NEW SECTION. Sec. 9. A county may subcontract with any other county, city, town, housing authority, community action agency, or other nonprofit organization for the execution of programs contributing to the affordable housing for all goal. All subcontracts must be: Consistent with the county affordable housing for all plan adopted by the legislative authority of the county; time limited; and filed with the department, and must have specific performance terms as specified by the county. County governments must strongly encourage each subcontractor under the affordable housing for all program to apply to the Washington state quality award program for an independent assessment of its quality management, accountability, and performance system. This authority to subcontract with other entities does not affect participating counties' ultimate responsibility for meeting the requirements of the affordable housing for all program.


        NEW SECTION. Sec. 10. The department shall contract with two statewide organizations addressing affordable housing issues or homeless issues, or both, to create comprehensive independent statewide affordable housing for all plans consistent with the goals and performance measures of the state and local affordable housing for all plans as described in this chapter. Recipient organizations must present their affordable housing for all plans to the department and the appropriate committees of the legislature within one year following the receipt of contract funds.


        Sec. 11. RCW 36.22.178 and 2007 c 427 s 1 are each amended to read as follows:

        The surcharge provided for in this section shall be named the affordable housing for all surcharge.

        (1) Except as provided in subsection (3) of this section, a surcharge of ten dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law. The county may retain up to five percent of these funds collected solely for the collection, administration, and local distribution of these funds. Of the remaining funds, forty percent of the revenue generated through this surcharge will be transmitted monthly to the state treasurer who will deposit the funds into the affordable housing for all account created in RCW 43.185C.190. The department of community, trade, and economic development must use these funds to provide housing and shelter for extremely low-income households, including but not limited to grants for building operation and maintenance costs of housing projects or units within housing projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses.

        (2) All of the remaining funds generated by this surcharge will be retained by the county and be deposited into a fund that must be used by the county and its cities and towns for eligible housing activities as described in this subsection that serve very low-income households with incomes at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated to eligible housing activities that serve extremely low and very low- income households in the county and the cities within a county according to an interlocal agreement between the county and the cities within the county consistent with countywide and local housing needs and policies. A priority must be given to eligible housing activities that serve extremely low-income households with incomes at or below thirty percent of the area median income. Eligible housing activities to be funded by these county funds are limited to:

        (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farm worker housing units, and single room occupancy units;

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

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

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

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


        (4) All counties shall report at least annually by May 1st upon receipts and expenditures of the affordable housing for all surcharge funds created in this section to the department. The department may require more frequent reports. The report must include the amount of funding generated by the surcharge, the total amount of funding distributed to date, the amount of funding allocated to each eligible housing activity, a description of each eligible housing activity funded, including information on the income or wage level and numbers of extremely low, very low, and low-income households the eligible housing activity is intended to serve, and the outcome or anticipated outcome of each eligible housing activity.


        NEW SECTION. Sec. 12. (1) The transitional housing operating and rent program is created in the department to assist individuals and families who are homeless or who are at risk of becoming homeless to secure and retain safe, decent, and affordable housing. The department shall provide grants to eligible organizations, as described in RCW 43.185.060, to provide assistance to program participants. The eligible organizations must use grant moneys for:

        (a) Rental assistance, which includes security or utility deposits, first and last month's rent assistance, and eligible moving expenses to be determined by the department;

        (b) Case management services designed to assist program participants to secure and retain immediate housing and to transition into permanent housing and greater levels of self-sufficiency;

        (c) Operating expenses of transitional housing facilities that serve homeless families with children; and

        (d) Administrative costs of the eligible organization, which must not exceed limits prescribed by the department.

        (2) Eligible to receive assistance through the transitional housing operating and rent program are:

        (a) Families with children who are homeless or who are at risk of becoming homeless and who have household incomes at or below fifty percent of the median household income for their county;

        (b) Individuals or families without children who are homeless or at risk of becoming homeless and who have household incomes at or below thirty percent of the median household income for their county;

        (c) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who has a mental health or chemical dependency disorder; and

        (d) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who is an offender released from confinement within the past eighteen months.

        (3) All program participants must be willing to create and actively participate in a housing stability plan for achieving permanent housing and greater levels of self-sufficiency.

        (4) Data on all program participants must be entered into and tracked through the Washington homeless client management information system as described in RCW 43.185C.180.

        (5) Beginning in 2011, each eligible organization receiving over five hundred thousand dollars during the previous calendar year from the transitional housing operating and rent program and from sources including: (a) State housing-related funding sources; (b) the affordable housing for all surcharge in RCW 36.22.178 (as recodified by this act); (c) the home security fund surcharges in RCW 36.22.179 and 36.22.1791 (as recodified by this act); and (d) any other surcharge imposed under chapter 36.22 or 43.185C RCW to fund homelessness programs or other housing programs, shall apply to the Washington state quality award program for an independent assessment of its quality management, accountability, and performance system, once every three years.

        (6) The department may develop rules, requirements, procedures, and guidelines as necessary to implement and operate the transitional housing operating and rent program.

        (7) The department shall produce an annual transitional housing operating and rent program report that must be included in the department's affordable housing for all plan as described in RCW 43.185B.040 (as recodified by this act). The report must include performance measures to be determined by the department that address, at a minimum, the following issue areas:

        (a) The success of the program in helping program participants transition into permanent affordable housing and increase their levels of self-sufficiency;

        (b) The financial performance of the program related to efficient program administration by the department and program operation by selected eligible organizations, including an analysis of the costs per program participant served;

        (c) The quality, completeness, and timeliness of the information on program participants provided to the Washington homeless client management information system database; and

        (d) The satisfaction of program participants in the assistance provided through the program.


        NEW SECTION. Sec. 13. The transitional housing operating and rent account is created in the custody of the state treasurer. All receipts from sources directed to the transitional housing operating and rent program must be deposited into the account. Expenditures from the account may be used solely for the purpose of the transitional housing operating and rent program as described in section 12 of this act. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.


        NEW SECTION. Sec. 14. This chapter does not require either the department or any local government to expend any funds to accomplish the goals of this chapter other than the revenues authorized in this act and other revenue that may be appropriated by the legislature for these purposes. However, neither the department nor any local government may use any funds authorized in this act to supplant or reduce any existing expenditures of public money to address the affordable housing shortage.


        Sec. 15. RCW 43.185A.100 and 2006 c 349 s 11 are each amended to read as follows:

        The department((,)) shall collaborate with the housing finance commission, the affordable housing advisory board, and all local governments, housing authorities, and other ((nonprofits)) eligible organizations receiving state housing funds, affordable housing for all funds, home security funds, or financing through the housing finance commission ((shall, by December 31, 2006, and annually thereafter, review current housing reporting requirements related to housing programs and services and give)) to include in the state affordable housing for all plan, by December 31, 2009, recommendations, where possible:

        (1) To streamline and simplify all housing planning, application, and reporting requirements ((to the department of community, trade, and economic development, which will compile and present the recommendations annually to the legislature. The entities listed in this section shall also give recommendations for additional)); and


        (2) For legislative actions that could promote the affordable housing for all goal and the state goal to end homelessness.


        Sec. 16. RCW 43.185.070 and 2005 c 518 s 1802 and 2005 c 219 s 2 are each reenacted and amended to read as follows:

        (1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department shall announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement shall be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department. Administrative costs paid out of the housing trust fund may not exceed five percent of annual revenues available for distribution to housing trust fund projects. In awarding funds under this chapter, the department shall provide for a geographic distribution on a statewide basis.

        (2) The department shall give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities shall be evaluated under subsection (3) of this section. Second priority shall be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities shall be evaluated by some or all of the criteria under subsection (3) of this section, and similar projects and activities shall be evaluated under the same criteria.

        (3) The department shall give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities shall be evaluated under the same criteria:

        (a) The degree of leveraging of other funds that will occur;

        (b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;

        (c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;

        (d) Local government project contributions in the form of infrastructure improvements, and others;

        (e) Projects that encourage ownership, management, and other project-related responsibility opportunities;

        (f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty-five years;

        (g) The applicant has the demonstrated ability, stability and resources to implement the project;

        (h) The applicant has committed to quality improvement and submitted an application to the Washington state quality award program for an independent assessment of its quality management, accountability, and performance system within the previous three years;

        (i) Projects which demonstrate serving the greatest need;

        (((i))) (j) Projects that provide housing for persons and families with the lowest incomes;

        (((j))) (k) Projects that provide housing for persons at risk of homelessness;

        (l) Projects serving special needs populations which are under statutory mandate to develop community housing;

        (((k))) (m) Project location and access to employment centers in the region or area;

        (((l))) (n) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and

        (((m))) (o) Project location and access to available public transportation services.

        (4) The department shall only approve applications for projects for ((mentally ill)) persons with mental illness that are consistent with a regional support network six-year capital and operating plan.


        NEW SECTION. Sec. 17. RCW 59.18.600 (Rental to offenders--Limitation on liability) and 2007 c 483 s 602 are each repealed.


        NEW SECTION. Sec. 18. RCW 36.22.179, 36.22.1791, and 43.20A.790 are each recodified as sections in chapter 43.185C RCW.


        NEW SECTION. Sec. 19. RCW 36.22.178, 43.185A.100, 43.185B.020, and 43.185B.040 are each recodified as sections in chapter 43.--- RCW (created in section 20 of this act).


        NEW SECTION. Sec. 20. Sections 1 through 4, 6 through 10, and 12 through 14 of this act constitute a new chapter in Title 43 RCW.


        NEW SECTION. Sec. 21. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."


        Correct the title.

 

Signed by Representatives Miloscia, Chair; Springer, Vice Chair; Liias and Ormsby.

 

MINORITY recommendation: Do not pass. Signed by Representatives McCune and Schindler.


       Passed to Committee on Rules for second reading.


February 25, 2008

SSB 6195     Prime Sponsor, Senate Committee on Economic Development, Trade & Management: Modifying the definition of rural county for economic development purposes. Reported by Committee on Community & Economic Development & Trade

 

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


       Referred to Committee on Appropriations General Government & Audit Review.



February 27, 2008

2SSB 6227   Prime Sponsor, Senate Committee on Ways & Means: Providing support and resources to outer coast marine resources committees. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Van De Wege, Vice Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Eickmeyer, Grant, Kristiansen, Lantz, Loomis, McCoy, Nelson, Newhouse and Orcutt.


       Referred to Committee on Appropriations Subcommittee on General Government & Audit Review.


February 26, 2008

SB 6237       Prime Sponsor, Senator Kilmer: Modifying armed forces provisions. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Flannigan, Vice Chair; Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Dickerson; Eddy; Herrera; Hudgins; Jarrett; Kristiansen; Loomis; Rodne; Rolfes; Sells; Smith; Springer; Takko; Upthegrove; Wallace; Warnick; Williams and Wood.

 

Passed to Committee on Rules for second reading.


February 27, 2008

SSB 6273     Prime Sponsor, Senate Committee on Transportation: Addressing the nondivisible gross weight limit of farm implements on public highways. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Flannigan, Vice Chair; Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Campbell; Eddy; Herrera; Hudgins; Jarrett; Kristiansen; Loomis; Rodne; Rolfes; Sells; Simpson; Smith; Springer; Takko; Upthegrove; Wallace; Warnick; Williams and Wood.

 

Passed to Committee on Rules for second reading.


February 27, 2008

SB 6289       Prime Sponsor, Senator Spanel: Regarding Puget Sound Dungeness crab catch record cards. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 77.32.070 and 2005 c 418 s 1 are each amended to read as follows:

        (1) Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. However, the director may not require the purchaser of a razor clam license under RCW 77.32.520 to provide any personal information except for proof of residency. The commission may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of or effort to harvest fish, shellfish, and wildlife. The reporting requirement may be waived where, for any reason, the department is not able to receive the report. The department must provide reasonable options for a licensee to submit information to a live operator prior to the reporting deadline.

        (2) The commission may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of taking or effort to harvest wildlife. The commission may also adopt rules requiring hunters who have not reported for the previous license year to complete a report and pay the assessed administrative penalty before a new hunting license is issued.

        (a) The total administrative penalty per hunter set by the commission must not exceed ten dollars.

        (b) By December 31st of each year, the department shall report the rate of hunter compliance with the harvest reporting requirement, the administrative penalty imposed for failing to report, and the amount of administrative penalties collected during that year to the appropriate fiscal and policy committees of the senate and house of representatives.

        (3) The commission may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of data from catch record cards officially endorsed for Puget Sound Dungeness crab. The commission may also adopt rules requiring fishers who possessed a catch record card officially endorsed for Puget Sound Dungeness crab and who have not reported for the previous license year to complete a report and pay the assessed administrative penalty before a new catch record card officially endorsed for Puget Sound Dungeness crab is issued.

        (a) The total administrative penalty per fisher set by the commission must not exceed ten dollars.

        (b) By December 31st of each year, the department shall report the rate of fisher compliance with the Puget Sound Dungeness crab catch record card reporting requirement, the administrative penalty imposed for failing to report, and the amount of administrative penalties collected during that year to the appropriate fiscal and policy committees of the senate and house of representatives.


        Sec. 2. RCW 77.15.280 and 2005 c 418 s 2 are each amended to read as follows:

        (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:

        (a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any rule of the commission or the director;

        (b) Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;

        (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or


        (d) Fails to return a catch record card to the department as required by rule of the commission or director, except for catch record cards officially endorsed for Puget Sound Dungeness crab.

        (2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor."


        Correct the title.

 

Signed by Representatives Blake, Chair; Van De Wege, Vice Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Grant; Lantz; McCoy; Nelson and Newhouse.

 

MINORITY recommendation: Do not pass. Signed by Representatives Eickmeyer; Loomis and Orcutt.


       Passed to Committee on Rules for second reading.


February 26, 2008

SB 6321       Prime Sponsor, Senator Marr: Transferring jurisdictional route transfer responsibilities from the transportation improvement board to the transportation commission. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Flannigan, Vice Chair; Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Dickerson; Eddy; Herrera; Hudgins; Jarrett; Kristiansen; Loomis; Rodne; Rolfes; Sells; Smith; Springer; Takko; Upthegrove; Wallace; Warnick; Williams and Wood.

 

Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6324     Prime Sponsor, Senate Committee on Transportation: Providing liability immunity for aerial search and rescue activities managed by the department of transportation. Reported by Committee on Judiciary

 

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

 

Passed to Committee on Rules for second reading.


February 27, 2008

ESSB 6333   Prime Sponsor, Senate Committee on Health & Long-Term Care: Establishing a citizens' work group on health care. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


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

        (1) In the past two decades, Washington state has implemented legislative initiatives to improve access to quality, affordable health care in the state. These initiatives, which placed Washington in the forefront of states addressing their residents' health care needs, include:

        (a) The basic health plan providing affordable coverage to over one hundred thousand individuals and families below two hundred percent of the federal poverty level;

        (b) The "cover all children" initiative, expanding publicly funded coverage to children in families under three hundred percent of the federal poverty level and promising to cover all children by 2010;

        (c) The blue ribbon commission on health care costs and access resulting in the passage of Engrossed Second Substitute Senate Bill No. 5930, that, among other actions, directed state agencies to integrate prevention, chronic care management, and the medical home concept into state purchased health care programs;

        (d) The movement toward evidence-based health care purchasing for state health care programs, including the prescription drug program and its preferred drug list, the health technology assessment program, the use of medical evidence to evaluate medical necessity under state medical assistance programs and the direction provided in Engrossed Second Substitute Senate Bill No. 5930 relating to aligning payment with evidence-based care; and

        (e) The development of patient safety initiatives, including health care facility reporting of adverse medical events and hospital-acquired infection reporting.

        (2) Despite these initiatives, the cost of health care has continued to increase at a disproportionately high rate.

        (3) Affordability is key to accessing health care, as evidenced by the fact that more than half of the uninsured people in Washington state are in low-income families, and low-wage workers are far more likely to be uninsured than those with higher incomes. These increasing costs are placing quality care beyond the reach of a growing number of Washington citizens and contributing to health care expenditures that strain the resources of individuals, businesses, and public programs.

        (4) Efforts by public and private purchasers to control expenditures, and the stress these efforts place on the stability of the health care workforce and viability of health care facilities, threaten to reduce access to quality care for all residents of the state.

        (5) Prompt action is crucial to prevent further deterioration of the health and well-being of Washingtonians.

        (6) Addressing an issue of this importance and magnitude demands the full engagement of concerned Washingtonians in a reasoned examination of options to improve access to quality, affordable health care.


        NEW SECTION. Sec. 2. The Washington citizens' work group on health care reform is established. The work group shall engage Washingtonians in a public process on improving access to quality, affordable health care, and review and develop recommendations to the governor and the legislature related to the health care reform proposals in section 3 of this act.

        (1) The governor shall appoint nine citizen members who may include, but are not limited to, representatives from business, labor, health care providers and consumer groups, and persons with expertise in health care financing. The citizen members shall be selected from individuals recognized for their independent judgment. In addition, the majority and minority caucus in the house of representatives and the majority and minority caucus in the senate shall submit the names of two members of their caucus to the governor, who shall select one member from each caucus to participate in the work group.

        (2) Consistent with funds appropriated specifically for this purpose, the work group may employ up to two full-time staff to enable the work group to complete its responsibilities in a timely and effective manner.

        (3) The work group shall design the public engagement process with a goal of having structured, in-depth discussions related to:

        (a) Trends or issues that affect affordability, access, quality, and efficiency in our health care system; and

        (b) The health care proposals described in section 3 of this act, the principles guiding evaluation of the proposals, and the economic analysis of the proposals.

        The public engagement process shall begin when the work group receives the results of the evaluation of health care proposals under section 3 of this act. The process may include, but is not limited to, public forums, invitational meetings with community leaders or other interested individuals and organizations, and web-based communication.

        (4) By November 1, 2009, the work group shall submit a final report to the public, the governor, and the legislature that includes a summary of the information received during the public engagement process, and a summary of the work group's conclusions, and recommendations related to its review of the proposals, including suggestions for the adoption of any health care proposal by the legislature. The work group may develop its own proposal or proposals.

        (5) In reviewing the proposals, the work group shall evaluate the extent to which each proposal:

        (a) Provides a medical home for every family;

        (b) Provides health care that Washington families can afford;

        (c) Promotes improved health outcomes, in part through a more efficient delivery system;

        (d) Requires that individuals, employers, and government share in financing the proposal; and

        (e) Enables Washington families to choose their provider and health network, and have the option of retaining their current provider.

        (6) The work group may seek other funds including private contributions and in-kind donations for activities described under subsection (3) of this section.

        This section expires December 31, 2009.


        NEW SECTION. Sec. 3. (1) Consistent with funds appropriated specifically for this purpose, the legislature shall contract with an independent consultant with expertise in health economics and actuarial science to evaluate the following health care reform proposals:

        (a) A proposal, similar to Proposed Second Substitute Senate Bill No. 5789 (2008), proposing modifications to insurance regulations to address specific groups that have lower rates of coverage, such as small employers and young adults;

        (b) A proposal that includes the components of health care reform legislation enacted in Massachusetts in 2006 as Chapter 58 of the Acts of 2006 - "An Act Providing Access to Affordable, Quality, Accountable Health Care";

        (c) A proposal, as described in Senate Bill No. 6221 (2008), to cover all Washingtonians with a comprehensive, standardized benefit package purchased through a competitive procurement process or a fee-for-service option, funded through a payroll assessment applied to employers and employees; and

        (d) A proposal to establish a single payer health care system, similar to an approach described in Senate Bill No. 5756 (2007) and to the health care system in Canada.

        (2) In addition to the evaluation of the three proposals described in subsection (1) of this section, the consultant shall conduct a review to validate the actuarial analysis of the insurance commissioner's guaranteed benefit plan, as described in Senate Bill No. 6603 (2008). The consultant group may seek additional information from sponsors of the proposals described in this section.

        (3) Each evaluation shall address the impact of implementation of the proposal on:

        (a) The number of Washingtonians covered and number remaining uninsured;

        (b) The scope of coverage available to persons covered under the proposal;

        (c) The impact on affordability of health care to individuals, businesses, and government;

        (d) The redistribution of amounts currently spent by individuals, businesses, and government on health, as well as any savings;

        (e) The impact on employment;

        (f) The impact on consumer choice;

        (g) Administrative efficiencies and resulting savings;

        (h) The impact on hospital charity care;

        (i) The cost of health care as experienced throughout the state by individuals and families, employees of small and large businesses, businesses of all sizes, associations, local governments, public health districts, and networks, and by the state; and

        (j) The extent to which each proposal promotes:

        (i) Improved health outcomes;

        (ii) Prevention and early intervention;

        (iii) Chronic care management;

        (iv) Services based on empirical evidence;

        (v) Incentives to use effective and necessary services;

        (vi) Disincentives to discourage use of marginally effective or inappropriate services; and

        (vii) A medical home.

        (4) To the extent that any proposal has recent, detailed analysis available, the consultant shall review and may make use of the available analysis.

        (5) The results of the evaluation under this section shall be submitted to the governor, the health policy committees of the legislature, and the work group on or before December 15, 2008.


        NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."


        Correct the title.

 

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

 

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



       Referred to Committee on Appropriations.

February 26, 2008

SB 6369       Prime Sponsor, Senator Eide: Regarding the Washington community learning center program. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chair; Barlow, Vice Chair; Priest, Ranking Minority Member; Haigh; Liias; Santos and Sullivan.

 

MINORITY recommendation: Without recommendation. Signed by Representative Anderson, Assistant Ranking Minority Member.


       Passed to Committee on Rules for second reading.


February 27, 2008

E2SSB 6438        Prime Sponsor, Senate Committee on Ways & Means: Creating a statewide high-speed internet deployment and adoption initiative. (REVISED FOR PASSED LEGISLATURE: Regarding high-speed internet services and community technology opportunities. ) Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. (1) The legislature finds and declares the following:

        (a) The deployment and adoption of high-speed internet services and information technology has resulted in enhanced economic development and public safety for the state's communities, improved health care and educational opportunities, and a better quality of life for the state's residents;

        (b) Continued progress in the deployment and adoption of high-speed internet services and other advanced telecommunications services, both land-based and wireless, is vital to ensuring Washington remains competitive and continues to create business and job growth; and

        (c) That the state must encourage and support strategic partnerships of public, private, nonprofit, and community-based sectors in the continued growth and development of high-speed internet services and information technology for state residents and businesses, and do so through formalized and structured arrangements that ensure the protection of proprietary information maintained by telecommunications providers and internet service providers.

        (2) Therefore, the legislature resolves that it will create a comprehensive, statewide high-speed internet deployment and adoption strategy to improve technology literacy, improve access to affordable and reliable high-speed internet services, and to establish and sustain an environment ripe for telecommunications and technology investment statewide.


        NEW SECTION. Sec. 2. (1) After the broadband study authorized by the legislature in 2007 has been completed, the department of information services, in coordination with the department of community, trade, and economic development and the utilities and transportation commission, shall convene a work group to develop a high-speed internet deployment and adoption strategy for the state.

        (2) The department of information services shall invite representatives from the following organizations to participate in the work group:

        (a) Representatives of public, private, and nonprofit agencies and organizations representing economic development, local community development, local government, community planning, technology planning, education, and health care;

        (b) Representatives of telecommunications providers, technology companies, telecommunications unions, public utilities, and relevant private sector entities;

        (c) Representatives of community-based organizations; and

        (d) Representatives of other relevant entities as the department of information services may deem appropriate.

        (3) In developing the high-speed internet deployment and adoption strategy, the department of information services shall consider the following:

        (a) How to create a detailed, geographic information system map at the census block level of the high-speed internet services and other relevant telecommunications and information technology services owned or leased by public entities in the state. Development of this geographic information system map may include collaboration with students and faculty at community colleges and universities in the state. The statewide inventory must, at a minimum, detail:

        (i) The physical location of all high-speed internet infrastructure owned or leased by public entities;

        (ii) The amount of excess capacity available; and

        (iii) Whether the high-speed internet infrastructure is active or inactive;

        (b) How to work with telecommunications providers and internet service providers to assess and create a geographic information system map at the census block level of the privately owned high-speed internet infrastructure in the state, with instructions on how proprietary and competitively sensitive data will be handled, stored, and used;

        (c) How to combine the geographic information system map of high-speed internet infrastructure owned by public entities with the geographic information system map of high-speed internet infrastructure owned by private entities to create a statewide inventory of all high-speed internet infrastructure in the state;

        (d) How to use the geographic information system map of all high-speed internet infrastructure in the state, both public and privately owned, to identify the geographic gaps in high-speed internet service, including an assessment of the population located in each of the geographic gaps;

        (e) How the state might create or utilize a nonprofit organization to spur the development of high-speed internet resources in the state, which may include, but is not limited to, soliciting funding in the form of grants or donations; establishing technology literacy programs in conjunction with institutions of higher education; establishing low-cost hardware and software purchasing programs; and developing loan programs targeting small businesses or businesses located in underserved areas;

        (f) How to track statewide residential and business adoption of high-speed internet, computers, and related information technology, including an identification of barriers to adoption;


        (g) How to effectively build and facilitate local technology planning teams and partnerships led by local economic development organizations with members representing cross-sections of the community, which may include participation from the following organizations: Representatives of business, telecommunications unions, K-12 education, community colleges, health care, libraries, universities, community-based organizations, local governments, tourism, parks and recreation, and agriculture;

        (h) How to use the local technology planning teams and partnerships led by local economic development organizations to:

        (i) Conduct a needs assessment;

        (ii) Determine the appropriate type of technology needed to implement high-speed internet services in the area;

        (iii) Determine the hardware and software needed; and

        (iv) Write a request for proposals to meet the community's needs;

        (i) How to work collaboratively with high-speed internet providers and technology companies across the state to encourage deployment and use, especially in unserved areas, through use of local demand aggregation, mapping analysis, and creation of market intelligence to improve the investment rationale and business case; and

        (j) How to establish low-cost programs to improve computer ownership, technology literacy, and high-speed internet access for disenfranchised or unserved populations across the state.

        (4) By September 1, 2008, the department of information services shall provide a status update to the telecommunications committees in the house of representatives and the senate, outlining the progress made to date by the work group and the issues remaining to be considered.

        (5) By December 1, 2008, the department of information services shall provide a report to the fiscal and telecommunications committees in the house of representatives and the senate. The main objective of the report is to outline, based on the efforts of the work group, what legislation is needed in order to implement the high-speed internet deployment and adoption strategy, including a range of potential funding requests to accompany the legislation. Specifically, the report shall include the following:

        (a) Benchmarks, performance measures, milestones, deliverables, timelines, and such other indicators of performance and progress as are necessary to guide development and implementation of the high-speed internet deployment and adoption strategy, both short term and long term, including an assessment of the amount of funding needed to accomplish a baseline assessment of the high-speed internet infrastructure owned by public and private entities of the state in an eighteen-month period;

        (b) Ways to structure and appropriately scale and phase development and implementation of the high-speed internet deployment and adoption strategy so as to link to, leverage, and otherwise synchronize with other relevant and related funding, technology, capital initiatives, investments, and opportunities; and

        (c) A range of implementation options that would address the handling, storage, and use of proprietary and competitively sensitive data submitted by telecommunications or internet service providers, with consideration given to the potential of creating or utilizing an independent, nonprofit organization that would be charged with implementing the high-speed internet deployment and adoption strategy.


        NEW SECTION. Sec. 3. A new section is added to chapter 43.105 RCW to read as follows:

        (1) By January 1, 2009, the department, in consultation with the utilities and transportation commission and other relevant agencies, shall identify and make publicly available a web directory of public facilities that provide community technology programs throughout the state.

        (2) For the purposes of this section, "community technology program," also known as a digital inclusion program, means a program engaged in diffusing information and communications technology in local communities, particularly in unserved areas. These programs may include, but are not limited to, programs that provide education and skill-building opportunities, hardware and software ownership, internet connectivity, and development of locally relevant content and delivery of vital services through technology.


        NEW SECTION. Sec. 4. Nothing in this act may be construed as giving the department of information services or any other entities any additional authority, regulatory or otherwise, over providers of telecommunications and information technology.


        NEW SECTION. Sec. 5. If sections 1 through 4 of this act become null and void, the department of information services shall include high-speed internet adoption and deployment in its 2009-2011 strategic plan.


        NEW SECTION. Sec. 6. If specific funding for the purposes of sections 1 through 4 of this act, referencing sections 1 through 4 of this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, sections 1 through 4 of this act are null and void."


        Correct the title.

 

Signed by Representatives Linville, Chair; Ericks, Vice Chair; Skinner, Assistant Ranking Minority Member; Blake; Kretz; Lantz; Liias; Miloscia; Morris and Nelson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Alexander and Chandler.


       Referred to Committee on Appropriations Subcommittee on General Government & Audit Review.


February 26, 2008

SSB 6453     Prime Sponsor, Senate Committee on Early Learning & K-12 Education: Clarifying the timeline for release of education records to the department of social and health services. Reported by Committee on Education

 

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

 

Passed to Committee on Rules for second reading.


February 27, 2008


ESSB 6488   Prime Sponsor, Senate Committee on Human Services & Corrections: Providing for broader collection of biological samples for the DNA identification of convicted sex offenders and other persons. Reported by Committee on Public Safety & Emergency Preparedness

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 43.43.753 and 2002 c 289 s 1 are each amended to read as follows:

        The legislature finds that recent developments in molecular biology and genetics have important applications for forensic science. It has been scientifically established that there is a unique pattern to the chemical structure of the deoxyribonucleic acid (DNA) contained in each cell of the human body. The process for identifying this pattern is called "DNA identification."

        The legislature further finds that DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts. It is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in both the identification and detection of individuals in criminal investigations and the identification and location of missing and unidentified persons. Therefore, it is in the best interest of the state to establish a DNA database and DNA data bank containing DNA samples submitted by persons convicted of felony offenses and other crimes as specified in RCW 43.43.754. DNA samples necessary for the identification of missing persons and unidentified human remains shall also be included in the DNA database.

        The legislature further finds that the DNA identification system used by the federal bureau of investigation and the Washington state patrol has no ability to predict genetic disease or predisposal to illness. Nonetheless, the legislature intends that biological samples collected under RCW 43.43.754, and DNA identification data obtained from the samples, be used only for purposes related to criminal investigation, identification of human remains or missing persons, or improving the operation of the system authorized under RCW 43.43.752 through 43.43.758.


        NEW SECTION. Sec. 2. A new section is added to chapter 10.01 RCW to read as follows:

        (1) In a prosecution for a misdemeanor or gross misdemeanor in a court of limited jurisdiction, the prosecuting attorney may file a special allegation of sexual motivation when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact-finder.

        (2) In a criminal case wherein there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation.

        (3) The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.

        (4) For purposes of this section, "sexual motivation" has the same meaning as in RCW 9.94A.030.


        Sec. 3. RCW 43.43.754 and 2002 c 289 s 2 are each amended to read as follows:

        (1) A biological sample must be collected for purposes of DNA identification analysis from:

        (a) Every adult or juvenile individual convicted of a felony, ((stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, communicating with a minor for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense must have a biological sample collected for purposes of DNA identification analysis in the following manner)) or any of the following crimes (or equivalent juvenile offenses):

        Any misdemeanor or gross misdemeanor with a finding of sexual motivation under RCW 9.94A.835, 13.40.135, or section 2 of this act

        Communication with a minor for immoral purposes (RCW 9.68A.090)

        Custodial sexual misconduct in the second degree (RCW 9A.44.170)

        Failure to register (RCW 9A.44.130)

        Harassment (RCW 9A.46.020)

        Patronizing a prostitute (RCW 9A.88.110)

        Permitting commercial sexual abuse of a minor (RCW 9.68A.103)

        Permitting prostitution (RCW 9A.88.090)

        Prostitution (RCW 9A.88.030)

        Sexual misconduct with a minor in the second degree (RCW 9A.44.096)

        Stalking (RCW 9A.46.110)

        Violation of a sexual assault protection order granted under chapter 7.90 RCW; and

        (b) Every adult or juvenile individual who is required to register under RCW 9A.44.130.

        (2) If the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent submission is not required to be submitted.

        (3) Biological samples shall be collected in the following manner:

        (a) For persons convicted of ((such offenses)) any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do serve a term of confinement in a city or county jail facility, the city or county shall be responsible for obtaining the biological samples ((either as part of the intake process into the city or county jail or detention facility for those persons convicted on or after July 1, 2002, or within a reasonable time after July 1, 2002, for those persons incarcerated before July 1, 2002, who have not yet had a biological sample collected, beginning with those persons who will be released the soonest)).

        (b) The local police department or sheriff's office shall be responsible for obtaining the biological samples for:


         (i) Persons convicted of ((such offenses)) any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do not serve a term of confinement in a city or county jail facility((, the local police department or sheriff's office is responsible for obtaining the biological samples after sentencing on or after July 1, 2002)); and

        (ii) Persons who are required to register under RCW 9A.44.030.

        (c) For persons convicted of ((such offenses)) any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who are serving or who are to serve a term of confinement in a department of corrections facility or a department of social and health services facility, the facility holding the person shall be responsible for obtaining the biological samples ((either as part of the intake process into such facility for those persons convicted on or after July 1, 2002, or within a reasonable time after July 1, 2002,)). For those persons incarcerated before ((July 1, 2002)) the effective date of this section, who have not yet had a biological sample collected, ((beginning with)) priority shall be given to those persons who will be released the soonest.

        (((2))) (4) Any biological sample taken pursuant to RCW 43.43.752 through 43.43.758 may be retained by the forensic laboratory services bureau, and shall be used solely for the purpose of providing DNA or other tests for identification analysis and prosecution of a criminal offense or for the identification of human remains or missing persons. Nothing in this section prohibits the submission of results derived from the biological samples to the federal bureau of investigation combined DNA index system.

        (((3))) (5) The ((director of the)) forensic laboratory services bureau of the Washington state patrol ((shall perform)) is responsible for testing performed on all biological samples that are collected under subsection (1) of this section, to the extent allowed by funding available for this purpose. The director shall give priority to testing on samples collected from those adults or juveniles convicted of a felony or adjudicated guilty of an equivalent juvenile offense that is defined as a sex offense or a violent offense in RCW 9.94A.030. Known duplicate samples may be excluded from testing unless testing is deemed necessary or advisable by the director.

         (((4) This section applies to all adults who are convicted of a sex or violent offense after July 1, 1990; and to all adults who were convicted of a sex or violent offense on or prior to July 1, 1990, and who are still incarcerated on or after July 25, 1999. This section applies to all juveniles who are adjudicated guilty of a sex or violent offense after July 1, 1994; and to all juveniles who were adjudicated guilty of a sex or violent offense on or prior to July 1, 1994, and who are still incarcerated on or after July 25, 1999. This section applies to all adults and juveniles who are convicted of a felony other than a sex or violent offense, stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, or communicating with a minor for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense, on or after July 1, 2002; and to all adults and juveniles who were convicted or adjudicated guilty of such an offense before July 1, 2002, and are still incarcerated on or after July 1, 2002.

        (5))) (6) This section applies to:

        (a) All adults and juveniles to whom this section applied prior to the effective date of this section;

        (b) All adults and juveniles to whom this section did not apply prior to the effective date of this section who:

        (i) Are convicted on or after the effective date of this section of an offense listed in subsection (1)(a) of this section; or

        (ii) Were convicted prior to the effective date of this section of an offense listed in subsection (1)(a) of this section and are still incarcerated on or after the effective date of this section; and

        (c) All adults and juveniles who are required to register under RCW 9A.44.130 on or after the effective date of this section, whether convicted before, on, or after the effective date of this section.

        (7) This section creates no rights in a third person. No cause of action may be brought based upon the noncollection or nonanalysis or the delayed collection or analysis of a biological sample authorized to be taken under RCW 43.43.752 through 43.43.758.

        (((6))) (8) The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the sample was obtained or placed in the database by mistake, or if the conviction or juvenile adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered in any future proceeding including but not limited to posttrial or postfact-finding motions, appeals, or collateral attacks.


        Sec. 4. RCW 43.43.7541 and 2002 c 289 s 4 are each amended to read as follows:

        Every sentence imposed under chapter 9.94A RCW((,)) for a ((felony)) crime specified in RCW 43.43.754 ((that is committed on or after July 1, 2002,)) must include a fee of one hundred dollars ((for collection of a biological sample as required under RCW 43.43.754, unless the court finds that imposing the fee would result in undue hardship on the offender)). The fee is a court-ordered legal financial obligation as defined in RCW 9.94A.030, payable by the offender after payment of all other legal financial obligations included in the sentence has been completed. The clerk of the court shall transmit eighty percent of the fee((s)) collected to the state treasurer for deposit in the state DNA database account created under RCW 43.43.7532, and shall transmit twenty percent of the fee collected to the agency responsible for collection of a biological sample from the offender as required under RCW 43.43.754.


        Sec. 5. RCW 43.43.756 and 1989 c 350 s 5 are each amended to read as follows:

        The Washington state patrol ((in consultation with the University of Washington school of medicine)) forensic laboratory services bureau may:

        (1) Provide DNA analysis services to law enforcement agencies throughout the state ((after July 1, 1990));

        (2) Provide assistance to law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court; and

        (3) Provide expert testimony in court on DNA evidentiary issues."


        Correct the title.

 

Signed by Representatives O'Brien, Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern; Goodman and Kirby.


       Referred to Committee on Appropriations.


February 26, 2008

SSB 6498     Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Modifying provisions concerning real estate licensure law. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Green; Moeller and Williams.


       Referred to Committee on Appropriations.


February 27, 2008

SSB 6556     Prime Sponsor, Senate Committee on Early Learning & K-12 Education: Requiring the office of the superintendent of public instruction to develop anaphylactic policy guidelines. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. A new section is added to chapter 28A.210 RCW to read as follows:

        (1) The office of the superintendent of public instruction, in consultation with the department of health, shall develop anaphylactic policy guidelines for schools to prevent anaphylaxis and deal with medical emergencies resulting from it. The policy guidelines shall be developed with input from pediatricians, school nurses, other health care providers, parents of children with life-threatening allergies, school administrators, teachers, and food service directors.

The policy guidelines shall include, but need not be limited to:

        (a) A procedure for each school to follow to develop a treatment plan including the responsibilities for school nurses and other appropriate school personnel responsible for responding to a student who may be experiencing anaphylaxis;

        (b) The content of a training course for appropriate school personnel for preventing and responding to a student who may be experiencing anaphylaxis;

        (c) A procedure for the development of an individualized emergency health care plan for children with food or other allergies that could result in anaphylaxis;

        (d) A communication plan for the school to follow to gather and disseminate information on students with food or other allergies who may experience anaphylaxis;

        (e) Strategies for reduction of the risk of exposure to anaphylactic causative agents including food and other allergens.

        (2) For the purpose of this section "anaphylaxis" means a severe allergic and life-threatening reaction that is a collection of symptoms, which may include breathing difficulties and a drop in blood pressure or shock.

        (3)(a) By October 15, 2008, the superintendent of public instruction shall report to the select interim legislative task force on comprehensive school health reform created in section 6, chapter 5, Laws of 2007, on the following:

        (i) The implementation within school districts of the 2008 guidelines for care of students with life-threatening food allergies developed by the superintendent pursuant to section 501, chapter 522, Laws of 2007, including a review of policies developed by the school districts, the training provided to school personnel, and plans for follow-up monitoring of policy implementation; and

        (ii) Recommendations on requirements for effectively implementing the school anaphylactic policy guidelines developed under this section.

        (b) By March 31, 2009, the superintendent of public instruction shall report policy guidelines to the appropriate committees of the legislature and to school districts for the districts to use to develop and adopt their policies.

        (4) By September 1, 2009, each school district shall use the guidelines developed under subsection (1) of this section to develop and adopt a school district policy for each school in the district to follow to assist schools to prevent anaphylaxis."


        Correct the title.

 

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

 

Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6678     Prime Sponsor, Senate Committee on Transportation: Authorizing the issuance of special license plates to parents of United States armed forces members who have died while in service to his or her country or as a result of such service. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Flannigan, Vice Chair; Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Dickerson; Eddy; Herrera; Hudgins; Jarrett; Kristiansen; Loomis; Rodne; Rolfes; Sells; Smith; Springer; Takko; Upthegrove; Wallace; Warnick; Williams and Wood.

 

Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6726     Prime Sponsor, Senate Committee on Early Learning & K-12 Education: Granting the professional educator standards board ongoing authority to establish professional-level certification assessments and performance standards. Reported by Committee on Education

 

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

 


Passed to Committee on Rules for second reading.


February 26, 2008

2SSB 6732   Prime Sponsor, Senate Committee on Ways & Means: Implementing the recommendations of the joint legislative task force on the underground economy in the construction industry. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


        On page 16, after line 12, insert the following:


        "NEW SECTION. Sec. 11. (1)(a) Three staff members, one being a working supervisor, must be added to the department of labor and industries' fraud audit infraction and revenue contractor fraud team.

        (b) The department of labor and industries and the employment security department shall hire more auditors to assist with their enforcement activities relating to the underground economy in the construction industry. At a minimum, the department of labor and industries shall hire three more auditors.

        (2) If funds are made available in the 2008 supplemental budget, money must be dedicated to the attorney general's office to be used in the enforcement of contractor compliance cases."


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

 

Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

 

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


       Referred to Committee on Appropriations.


February 26, 2008

SB 6740       Prime Sponsor, Senator Regala: Regarding the provision of teacher certification services. Reported by Committee on Education

 

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

 

Passed to Committee on Rules for second reading.


February 27, 2008

SB 6849       Prime Sponsor, Senator Oemig: Regarding resident student classification. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


        On page 4, after line 24, insert the following:

        "NEW SECTION. Sec. 2. Section 1 of this act expires June 30, 2013.

 

        NEW SECTION. Sec. 3. The state board for community and technical colleges and the public four-year institutions shall report to the appropriate committees of the legislature on the impact of the expansion of the definition of resident student under section 1 of this act by December 1, 2012."


        Renumber the remaining section consecutively and correct any internal references accordingly. Correct the title.

 

Signed by Representatives Wallace, Chair; Sells, Vice Chair; Anderson, Ranking Minority Member; Hankins; McIntire; Schmick and Sommers.

 

MINORITY recommendation: Do not pass. Signed by Representatives Hasegawa and Roberts.


       Referred to Committee on Appropriations.


February 26, 2008

SSB 6879     Prime Sponsor, Senate Committee on Early Learning & K-12 Education: Regarding the joint task force on basic education finance. Reported by Committee on Education

 

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

 

Passed to Committee on Rules for second reading.


February 26, 2008

SB 6885       Prime Sponsor, Senator King: Expanding the list of persons and entities that may acquire driving record abstracts for certain purposes. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Flannigan, Vice Chair; Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Dickerson; Eddy; Herrera; Hudgins; Jarrett; Kristiansen; Loomis; Rodne; Rolfes; Sells; Smith; Springer; Takko; Upthegrove; Wallace; Warnick; Williams and Wood.

 

Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6932     Prime Sponsor, Senate Committee on Transportation: Addressing ferry vessel and terminal planning. Reported by Committee on Transportation

 


MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 47.60.005 and 2007 c 512 s 3 are each amended to read as follows:

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

        (1) "Adaptive management" means a systematic process for continually improving management policies and practices by learning from the outcomes of operational programs.

        (2) "Capital plan" means the state ferry system plan developed by the department as described in RCW 47.06.050(2) ((and adopted)), reviewed by the commission, and reported to the transportation committees of the legislature by the commission.

        (3) "Capital project" has the same meaning as used in budget instructions developed by the office of financial management.

        (4) "Commission" means the transportation commission created in RCW 47.01.051.

        (5) "Improvement project" has the same meaning as in the budget instructions developed by the office of financial management. If the budget instructions do not define improvement project, then it has the same meaning as "program project" in the budget instructions. If a project meets both the improvement project and preservation project definitions in this section it must be defined as an improvement project. New vessel acquisitions must be defined as improvement projects.

        (6) "Life-cycle cost model" means that portion of a capital asset inventory system which, among other things, is used to estimate future preservation needs.

        (7) "Maintenance cost" has the same meaning as used in budget instructions developed by the office of financial management.

        (8) "Preservation project" has the same meaning as used in budget instructions developed by the office of financial management.

        (9) "Route" means all ferry sailings from one location to another, such as the Seattle to Bainbridge route or the Port Townsend to Keystone route.

        (10) "Sailing" means an individual ferry sailing for a specific route, such as the 5:00 p.m. sailing from Seattle to Bremerton.

        (11) "Travel shed" means one or more ferry routes with distinct characteristics as determined by the department.


        NEW SECTION. Sec. 2. A new section is added to chapter 47.60 RCW to read as follows:

        The department shall develop and maintain a vessel rebuild and replacement plan that, at a minimum:

        (1) Includes projected retirement dates for all vessels, distinguishing between active and inactive vessels;

        (2) Includes projected rebuild dates for all vessels;

        (3) Includes timelines for vessel replacement, including business decisions, design, procurement, and construction; and

        (4) Includes a summary of the condition of all vessels, distinguishing between active and inactive vessels.


        Sec. 3. RCW 47.60.375 and 2007 c 512 s 13 are each amended to read as follows:

        (1) The capital plan must adhere to the following:

        (((1))) (a) A current ridership demand forecast;

        (((2))) (b) Vehicle level of service standards as described in RCW 47.06.140;

        (((3))) (c) Operational strategies as described in RCW 47.60.327; and

        (((4))) (d) Terminal design standards as described in RCW 47.60.365.

        (2) The capital plan must include the following:

        (a) A current vessel preservation plan;

        (b) A current systemwide vessel rebuild and replacement plan, which includes an evaluation of the long-term vessel operating costs related to fuel efficiency and staffing;

        (c) A current vessel deployment plan; and

        (d) A current terminal preservation plan.


        Sec. 4. RCW 47.60.345 and 2007 c 512 s 10 are each amended to read as follows:

        (1) The department shall maintain a life-cycle cost model on capital assets such that:

        (a) Available industry standards are used for estimating the life of an asset, and department-adopted standard life cycles derived from the experience of similar public and private entities are used when industry standards are not available;

        (b) Standard estimated life is adjusted for asset condition when inspections are made;

        (c) It does not include utilities or other systems that are not replaced on a standard life cycle; and

        (d) It does not include assets not yet built.

        (2) All assets in the life-cycle cost model must be inspected and updated in the life-cycle cost model for asset condition at least every three years.

        (3) The life-cycle cost model shall be used when estimating future ((system)) terminal and vessel preservation needs.

        (4) The life-cycle cost model shall be the basis for developing the budget request for terminal and vessel preservation funding.


        NEW SECTION. Sec. 5. A new section is added to chapter 47.60 RCW to read as follows:

        (1) The department shall develop and maintain a vessel maintenance and preservation program that meets or exceeds all federal requirements and, at a minimum:

        (a) Includes a bilge and void maintenance program;

        (b) Includes a visual inspection/audio gauging steel preservation program; and

        (c) Uses a lowest life-cycle cost method.

        (2) The vessel maintenance and preservation program must maximize cost efficiency by, at a minimum:

        (a) Reducing planned out-of-service time to the greatest extent possible; and

        (b) Striving to eliminate planned peak season out-of-service periods.

        (3) When construction is underway for the replacement of a vessel, the vessel that is scheduled for retirement is exempt from the requirement in subsection (1)(c) of this section.

        (4) The department shall include a plain language status report on the maintenance and preservation vessel program with each budget submittal to the office of financial management. This report must include, at a minimum:

        (a) A description of the maintenance and preservation of each vessel in the fleet;

        (b) A highlight and explanation of any significant deviation from the norm;

        (c) A highlight and explanation of any significant deviation from the vessel preservation plan required under RCW 47.60.375;


        (d) A highlight and explanation of decisions not to invest in vessels; and

        (e) A highlight and explanation of decisions to invest early in vessels."


        Correct the title.

 

Signed by Representatives Clibborn, Chair; Flannigan, Vice Chair; Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Dickerson; Eddy; Herrera; Hudgins; Jarrett; Kristiansen; Loomis; Rodne; Rolfes; Sells; Smith; Springer; Takko; Upthegrove; Wallace; Warnick; Williams and Wood.

 

Passed to Committee on Rules for second reading.


February 26, 2008

SJM 8024     Prime Sponsor, Senator Hargrove: Requesting that Highway 112 be named the "Vietnam War Veterans' Memorial Highway." Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Flannigan, Vice Chair; Ericksen, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Appleton; Dickerson; Eddy; Herrera; Hudgins; Jarrett; Kristiansen; Loomis; Rodne; Rolfes; Sells; Smith; Springer; Takko; Upthegrove; Wallace; Warnick; Williams and Wood.

 

Passed to Committee on Rules for second reading.


FIRST SUPPLEMENTAL REPORTS

OF STANDING COMMITTEES


February 28, 2008

2ESSB 5100 Prime Sponsor, Senate Committee on Early Learning & K-12 Education: Regarding health insurance information for students. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. A new section is added to chapter 28A.210 RCW to read as follows:

        (1) Beginning with the 2008-09 school year, as part of a public school's enrollment process, the school shall annually inquire whether a student has health insurance. If a student's parent or guardian indicates that a student does not have health insurance coverage or does not indicate whether the student has or does not have health insurance, the school district or a designated community health care collaborative under written contract with the school district shall provide the parent or guardian with information about the existence of the medicaid and children's health insurance program and how to get additional information about the programs. The information shall be provided in writing via postal mail, electronic mail, or existing communication channels, by December 1, 2008, and annually thereafter.

        (2) The office of the superintendent of public instruction shall work with the department of social and health services, the office of the education ombudsman, and established community health care collaboratives that have proven outreach and enrollment services to schools in developing a one-page informational sheet that contains the information schools are required to provide to parents under subsection (1) of this section and make that informational sheet available to schools on the superintendent of public instruction's web site and the office of the education ombudsman's web site by August 1, 2008.

        (3) In carrying out their duties under this section, the specified agencies and collaboratives shall coordinate with the work of the select interim legislative task force on comprehensive school health established by chapter 5, Laws of 2007.

         (4) Beginning December 1, 2008, schools shall report annually to the superintendent of public instruction the number of students that reported not having health insurance under subsection (1) of this section.

        (5) As used in this section, "community health care collaborative" means a nonprofit organization or a local government entity that sponsors a community-based public-private collaborative with the stated purpose of improving health care access for a defined geographic area and target population, with an emphasis on active outreach to the uninsured and low-income persons. The collaborative must demonstrate formal governance accountability to a broad base of health care safety-net providers, school districts, hospitals, and public health and other community-based organizations."

 

Signed by Representatives Quall, Chair; Barlow, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Haigh, Liias, Roach, Santos and Sullivan.


       Referred to Committee on Appropriations Subcommittee on Education.


February 28, 2008

SSB 5254     Prime Sponsor, Senate Committee on Ways & Means: Authorizing a grant program for industry skill panels. Reported by Committee on Appropriations Subcommittee on Education

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 47.60.005 and 2007 c 512 s 3 are each amended to read as follows:

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

        (1) "Adaptive management" means a systematic process for continually improving management policies and practices by learning from the outcomes of operational programs.

        (2) "Capital plan" means the state ferry system plan developed by the department as described in RCW 47.06.050(2) ((and adopted)), reviewed by the commission, and reported to the transportation committees of the legislature by the commission.

        (3) "Capital project" has the same meaning as used in budget instructions developed by the office of financial management.

        (4) "Commission" means the transportation commission created in RCW 47.01.051.

        (5) "Improvement project" has the same meaning as in the budget instructions developed by the office of financial management. If the budget instructions do not define improvement project, then it has the same meaning as "program project" in the budget instructions. If a project meets both the improvement project and preservation project definitions in this section it must be defined as an improvement project. New vessel acquisitions must be defined as improvement projects.

        (6) "Life-cycle cost model" means that portion of a capital asset inventory system which, among other things, is used to estimate future preservation needs.

        (7) "Maintenance cost" has the same meaning as used in budget instructions developed by the office of financial management.

        (8) "Preservation project" has the same meaning as used in budget instructions developed by the office of financial management.

        (9) "Route" means all ferry sailings from one location to another, such as the Seattle to Bainbridge route or the Port Townsend to Keystone route.

        (10) "Sailing" means an individual ferry sailing for a specific route, such as the 5:00 p.m. sailing from Seattle to Bremerton.

        (11) "Travel shed" means one or more ferry routes with distinct characteristics as determined by the department.


        NEW SECTION. Sec. 2. A new section is added to chapter 47.60 RCW to read as follows:

        The department shall develop and maintain a vessel rebuild and replacement plan that, at a minimum:

        (1) Includes projected retirement dates for all vessels, distinguishing between active and inactive vessels;

        (2) Includes projected rebuild dates for all vessels;

        (3) Includes timelines for vessel replacement, including business decisions, design, procurement, and construction; and

        (4) Includes a summary of the condition of all vessels, distinguishing between active and inactive vessels.


        Sec. 3. RCW 47.60.375 and 2007 c 512 s 13 are each amended to read as follows:

        (1) The capital plan must adhere to the following:

        (((1))) (a) A current ridership demand forecast;

        (((2))) (b) Vehicle level of service standards as described in RCW 47.06.140;

        (((3))) (c) Operational strategies as described in RCW 47.60.327; and

        (((4))) (d) Terminal design standards as described in RCW 47.60.365.

        (2) The capital plan must include the following:

        (a) A current vessel preservation plan;

        (b) A current systemwide vessel rebuild and replacement plan, which includes an evaluation of the long-term vessel operating costs related to fuel efficiency and staffing;

        (c) A current vessel deployment plan; and

        (d) A current terminal preservation plan.


        Sec. 4. RCW 47.60.345 and 2007 c 512 s 10 are each amended to read as follows:

        (1) The department shall maintain a life-cycle cost model on capital assets such that:

        (a) Available industry standards are used for estimating the life of an asset, and department-adopted standard life cycles derived from the experience of similar public and private entities are used when industry standards are not available;

        (b) Standard estimated life is adjusted for asset condition when inspections are made;

        (c) It does not include utilities or other systems that are not replaced on a standard life cycle; and

        (d) It does not include assets not yet built.

        (2) All assets in the life-cycle cost model must be inspected and updated in the life-cycle cost model for asset condition at least every three years.

        (3) The life-cycle cost model shall be used when estimating future ((system)) terminal and vessel preservation needs.

        (4) The life-cycle cost model shall be the basis for developing the budget request for terminal and vessel preservation funding.


        NEW SECTION. Sec. 5. A new section is added to chapter 47.60 RCW to read as follows:

        (1) The department shall develop and maintain a vessel maintenance and preservation program that meets or exceeds all federal requirements and, at a minimum:

        (a) Includes a bilge and void maintenance program;

        (b) Includes a visual inspection/audio gauging steel preservation program; and

        (c) Uses a lowest life-cycle cost method.

        (2) The vessel maintenance and preservation program must maximize cost efficiency by, at a minimum:

        (a) Reducing planned out-of-service time to the greatest extent possible; and

        (b) Striving to eliminate planned peak season out-of-service periods.

        (3) When construction is underway for the replacement of a vessel, the vessel that is scheduled for retirement is exempt from the requirement in subsection (1)(c) of this section.

        (4) The department shall include a plain language status report on the maintenance and preservation vessel program with each budget submittal to the office of financial management. This report must include, at a minimum:

        (a) A description of the maintenance and preservation of each vessel in the fleet;

        (b) A highlight and explanation of any significant deviation from the norm;

        (c) A highlight and explanation of any significant deviation from the vessel preservation plan required under RCW 47.60.375;

        (d) A highlight and explanation of decisions not to invest in vessels; and

        (e) A highlight and explanation of decisions to invest early in vessels."


        Correct the title.

 

Signed by Representatives Haigh, Chair; Sullivan, Vice Chair; Barlow; Fromhold; Haler; Herrera; Hunter; Jarrett; Kagi; Kenney; Ormsby; Quall; Seaquist; Springer and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; and Crouse.


       Passed to Committee on Rules for second reading.


February 27, 2008

SSB 5256     Prime Sponsor, Senate Committee on Ways & Means: Providing for the exclusion of veterans benefits from the income calculation for the retired person property tax relief program. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Hasegawa, Vice Chair; Orcutt, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Conway; Ericks; McIntire; Roach and Santos.

 

Passed to Committee on Rules for second reading.


February 28, 2008

E2SSB 5278 Prime Sponsor, Senate Committee on Government Operations & Elections: Concerning use of public funds to finance campaigns for local office. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Liias; Miloscia and Ormsby.

 

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


Passed to Committee on Rules for second reading.


February 28, 2008

SB 5319       Prime Sponsor, Senator Berkey: Regarding the issuance of checks by joint operating agencies and public utility districts. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Simpson, Chair; Takko, Vice Chair; Warnick, Ranking Minority Member; Schindler, Assistant Ranking Minority Member; Eddy; Nelson and Schmick.

 

Passed to Committee on Rules for second reading.


February 27, 2008

2SSB 5367   Prime Sponsor, Senate Committee on Ways & Means: Establishing the Washington trade corps fellowship program. Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The Washington trade corps fellowship program is established at the University of Washington center for international business education and research to promote international trade and award fellowships to students who have shown significant interest in pursuing a career in international trade.


        NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply to sections 1 through 7 of this act.

        (1) "Center" means the center for international business education and research at the University of Washington.

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

        (3) "Fellow" means the recipient of a Washington trade corps fellowship award.

        (4) "Institution" means an accredited public or private university or college within the state of Washington.

        (5) "Trade office" means an office located outside the United States operated by a private company, an industry association, an agricultural commodity commission, or similar organization to promote its products or services; or funded by the department of community, trade, and economic development, the department of agriculture, or the United States commercial service of the department of commerce for the purpose of promoting international trade and commerce.

        (6) "Trading company" means a private company operating in the state with at least one trade office.


        NEW SECTION. Sec. 3. (1) Candidates for the fellowship must be:

         (a) A resident student as defined in RCW 28B.15.012;

        (b) Enrolled in an institution's program offering a degree or credential in international trade, international relations, international business, or a related area;

        (c) Proficient in the language common to the area in which they will be placed;

        (d) Able to work in international trade activities that benefit Washington state products, services, or international trade interests for two years after completing the fellowship. This requirement may start as soon as the fellowship is completed but no later than one year after graduation from the educational program in which the fellow is enrolled; and

        (e) Accountable for repayment to the trade corps fellowship program the total amount of state funding provided to the fellow if the requirements of the fellowship are not fulfilled in their entirety.

        (2) The center also may require that prospective fellowship candidates intern in the state with a trading company or a department as a prerequisite to applying for a fellowship.


        NEW SECTION. Sec. 4. (1) A fellowship must be available for no more than five persons per year. Fellows shall serve a minimum of six months and may serve a maximum of eighteen months.

        (2) Fellows shall be compensated with a stipend and provided living and travel expenses while overseas. The total cost provided by the center per fellow, per year, must not exceed twenty-five thousand dollars, at least fifty percent of which must be derived by the center from nonstate sources.


        (3) Institutions are encouraged to and may provide students with college credit for serving as a fellow.

        (4) To raise the nonstate funding match required by subsection (2) of this section, the center shall seek matching funds from trading companies, other private companies, foundations, and other relevant sources.


        NEW SECTION. Sec. 5. The center must appoint a committee to assist it in evaluating and selecting applicants for the fellowships. At least three of the committee members must be members of organizations concerned with international trade; at least one must be from a statewide organization; and at least two must represent regional organizations from different regions of the state. At least three of the committee members must be from institutions and have expertise in international trade. The decision of the center in selecting fellows is final.


        NEW SECTION. Sec. 6. (1) The center must assign fellows to trade offices in consultation with each fellow's institution. A placement in a department's trade office will be made with the approval of the department. The department may impose additional requirements as necessary to facilitate the efficient operation of its trade offices. No more than two fellows shall be assigned to any trade office at one time.

        (2) The center must require that the work of each fellow be focused on activities that benefit products, services, and international trade interests of Washington state.

        (3) The center must establish reporting requirements, which the fellows must meet. The center's reporting requirements may include research of value to a trading company, a department's international trade staff, or to trade promotion groups in the state, and may be in conjunction with or in addition to any requirements of the institution.

        (4) The center may require that the fellow enter into postfellowship employment with a trading company or a department.

        (5) The center may require that some or all of the fellowship costs be repaid if the fellowship requirements are not met.

        (6) The center must report to the legislature on the Washington trade corps fellowship program by December 1, 2010, and by December 1st of every other year thereafter.


        NEW SECTION. Sec. 7. Neither the center, the trading companies, the departments, the institution, nor any other division of the state is liable for injuries caused by a change in the security situation of the country in which a fellow is stationed. Fellows must follow all travel advisories published by the United States department of state for the country in which they are stationed.


        NEW SECTION. Sec. 8. Sections 1 through 7 of this act are each added to chapter 43.31 RCW.


        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, 2008, in the omnibus appropriations act, this act is null and void."


        Correct the title.

 

Signed by Representatives Kenney, Chair; Pettigrew, Vice Chair; McDonald, Assistant Ranking Minority Member; Darneille; Rolfes and Sullivan.

 

MINORITY recommendation: Do not pass. Signed by Representatives Bailey, Ranking Minority Member; Chase and Haler.


       Referred to Committee on Appropriations.


February 28, 2008

SSB 5378     Prime Sponsor, Senate Committee on Judiciary: Modifying deeds of trust provisions. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 61.24.010 and 1998 c 295 s 2 are each amended to read as follows:

        (1) The trustee of a deed of trust under this chapter shall be:

        (a) Any domestic corporation incorporated under Title 23B, 30, 31, 32, or 33 RCW of which at least one officer is a Washington resident; or

        (b) Any title insurance company authorized to insure title to real property under the laws of this state, or its agents; or

        (c) Any attorney who is an active member of the Washington state bar association at the time the attorney is named trustee; or

        (d) Any professional corporation incorporated under chapter 18.100 RCW, any professional limited liability company formed under chapter 25.15 RCW, any general partnership, including limited liability partnerships, formed under chapter 25.04 RCW, all of whose shareholders, members, or partners, respectively, are either licensed attorneys or entities, provided all of the owners of those entities are licensed attorneys, or any domestic corporation wholly owned by any of the entities under this subsection (1)(d); or

        (e) Any agency or instrumentality of the United States government; or

        (f) Any national bank, savings bank, or savings and loan association chartered under the laws of the United States.

        (2) The trustee may resign at its own election or be replaced by the beneficiary. The trustee shall give prompt written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the deed of trust is recorded. If a trustee is not appointed in the deed of trust, or upon the resignation, incapacity, disability, absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee.

        (3) The trustee or successor trustee shall have no fiduciary duty or fiduciary obligation to the grantor or other persons having an interest in the property subject to the deed of trust.

        (4) The trustee or successor trustee shall act impartially between the borrower, grantor, and beneficiary.


        Sec. 2. RCW 61.24.030 and 1998 c 295 s 4 are each amended to read as follows:

        It shall be requisite to a trustee's sale:

        (1) That the deed of trust contains a power of sale;


        (2) That the deed of trust contains a statement that the real property conveyed is not used principally for agricultural purposes; provided, if the statement is false on the date the deed of trust was granted or amended to include that statement, and false on the date of the trustee's sale, then the deed of trust must be foreclosed judicially. Real property is used for agricultural purposes if it is used in an operation that produces crops, livestock, or aquatic goods;

        (3) That a default has occurred in the obligation secured or a covenant of the grantor, which by the terms of the deed of trust makes operative the power to sell;

        (4) That no action commenced by the beneficiary of the deed of trust is now pending to seek satisfaction of an obligation secured by the deed of trust in any court by reason of the grantor's default on the obligation secured: PROVIDED, That (a) the seeking of the appointment of a receiver shall not constitute an action for purposes of this chapter; and (b) if a receiver is appointed, the grantor shall be entitled to any rents or profits derived from property subject to a homestead as defined in RCW 6.13.010. If the deed of trust was granted to secure a commercial loan, this subsection shall not apply to actions brought to enforce any other lien or security interest granted to secure the obligation secured by the deed of trust being foreclosed;

        (5) That the deed of trust has been recorded in each county in which the land or some part thereof is situated;

        (6) That prior to the date of the notice of trustee's sale and continuing thereafter through the date of the trustee's sale, the trustee must ((have)) maintain a street address in this state where personal service of process may be made, and the trustee must maintain a physical presence and have telephone service at such address; and

        (7) That at least thirty days before notice of sale shall be recorded, transmitted or served, written notice of default shall be transmitted by the beneficiary or trustee to the borrower and grantor at their last known addresses by both first class and either registered or certified mail, return receipt requested, and the beneficiary or trustee shall cause to be posted in a conspicuous place on the premises, a copy of the notice, or personally served on the borrower and grantor. This notice shall contain the following information:

        (a) A description of the property which is then subject to the deed of trust;

        (b) Each county in which the deed of trust is recorded and the document number given to the deed of trust upon recording by each county auditor or recording officer;

        (c) That the beneficiary has declared the borrower or grantor to be in default, and a concise statement of the default alleged;

        (d) An itemized account of the amount or amounts in arrears if the default alleged is failure to make payments;

        (e) An itemized account of all other specific charges, costs, or fees that the borrower, grantor, or any guarantor is or may be obliged to pay to reinstate the deed of trust before the recording of the notice of sale;

        (f) The total of (d) and (e) of this subsection, designated clearly and conspicuously as the amount necessary to reinstate the note and deed of trust before the recording of the notice of sale;

        (g) That failure to cure the alleged default within thirty days of the date of mailing of the notice, or if personally served, within thirty days of the date of personal service thereof, may lead to recordation, transmittal, and publication of a notice of sale, and that the property described in (a) of this subsection may be sold at public auction at a date no less than one hundred twenty days in the future;

        (h) That the effect of the recordation, transmittal, and publication of a notice of sale will be to (i) increase the costs and fees and (ii) publicize the default and advertise the grantor's property for sale;

        (i) That the effect of the sale of the grantor's property by the trustee will be to deprive the grantor of all their interest in the property described in (a) of this subsection; and

        (j) That the borrower, grantor, and any guarantor has recourse to the courts pursuant to RCW 61.24.130 to contest the alleged default on any proper ground.


        Sec. 3. RCW 61.24.040 and 1998 c 295 s 5 are each amended to read as follows:

        A deed of trust foreclosed under this chapter shall be foreclosed as follows:

        (1) At least ninety days before the sale, the trustee shall:

        (a) Record a notice in the form described in RCW 61.24.040(1)(f) in the office of the auditor in each county in which the deed of trust is recorded;

        (b) To the extent the trustee elects to foreclose its lien or interest, or the beneficiary elects to preserve its right to seek a deficiency judgment against a borrower or grantor under RCW 61.24.100(3)(a), and if their addresses are stated in a recorded instrument evidencing their interest, lien, or claim of lien, or an amendment thereto, or are otherwise known to the trustee, cause a copy of the notice of sale described in RCW 61.24.040(1)(f) to be transmitted by both first class and either certified or registered mail, return receipt requested, to the following persons or their legal representatives, if any, at such address:

        (i) The borrower and grantor;

        (ii) The beneficiary of any deed of trust or mortgagee of any mortgage, or any person who has a lien or claim of lien against the property, that was recorded subsequent to the recordation of the deed of trust being foreclosed and before the recordation of the notice of sale;

        (iii) The vendee in any real estate contract, the lessee in any lease, or the holder of any conveyances of any interest or estate in any portion or all of the property described in such notice, if that contract, lease, or conveyance of such interest or estate, or a memorandum or other notice thereof, was recorded after the recordation of the deed of trust being foreclosed and before the recordation of the notice of sale;

        (iv) The last holder of record of any other lien against or interest in the property that is subject to a subordination to the deed of trust being foreclosed that was recorded before the recordation of the notice of sale;

        (v) The last holder of record of the lien of any judgment subordinate to the deed of trust being foreclosed; and

        (vi) The occupants of property consisting solely of a single-family residence, or a condominium, cooperative, or other dwelling unit in a multiplex or other building containing fewer than five residential units, whether or not the occupant's rental agreement is recorded, which notice may be a single notice addressed to "occupants" for each unit known to the trustee or beneficiary;

        (c) Cause a copy of the notice of sale described in RCW 61.24.040(1)(f) to be transmitted by both first class and either certified or registered mail, return receipt requested, to the plaintiff or the plaintiff's attorney of record, in any court action to foreclose a lien or other encumbrance on all or any part of the property, provided a court action is pending and a lis pendens in connection therewith is recorded in the office of the auditor of any county in which all or part of the property is located on the date the notice is recorded;


        (d) Cause a copy of the notice of sale described in RCW 61.24.040(1)(f) to be transmitted by both first class and either certified or registered mail, return receipt requested, to any person who has recorded a request for notice in accordance with RCW 61.24.045, at the address specified in such person's most recently recorded request for notice;

        (e) Cause a copy of the notice of sale described in RCW 61.24.040(1)(f) to be posted in a conspicuous place on the property, or in lieu of posting, cause a copy of said notice to be served upon any occupant of the property;

        (f) The notice shall be in substantially the following form:


NOTICE OF TRUSTEE'S SALE


I.


NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the . . . . day of . . . . . ., . . ., at the hour of . . . . o'clock . . . . M. at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [street address and location if inside a building] in the City of . . . . . ., State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County(ies) of . . . . . ., State of Washington, to-wit:

 

[If any personal property is to be included in the trustee's sale, include a description that reasonably identifies such personal property]


which is subject to that certain Deed of Trust dated . . . . . ., . . ., recorded . . . . . ., . . ., under Auditor's File No. . . . ., records of . . . . . . County, Washington, from . . . . . . . . ., as Grantor, to . . . . . . . . ., as Trustee, to secure an obligation in favor of . . . . . . . . ., as Beneficiary, the beneficial interest in which was assigned by . . . . . . . . ., under an Assignment recorded under Auditor's File No. . . . . [Include recording information for all counties if the Deed of Trust is recorded in more than one county.]


II.


No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower's or Grantor's default on the obligation secured by the Deed of Trust.

 

[If there is another action pending to foreclose other security for all or part of the same debt, qualify the statement and identify the action.]


III.


The default(s) for which this foreclosure is made is/are as follows:

 

[If default is for other than payment of money, set forth the particulars]


Failure to pay when due the following amounts which are now in arrears:


IV.


The sum owing on the obligation secured by the Deed of Trust is: Principal $ . . . . . ., together with interest as provided in the note or other instrument secured from the . . . . day of . . . . . ., . . ., and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute.


V.


The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the . . . . day of . . . . . ., . . . The default(s) referred to in paragraph III must be cured by the . . . . day of . . . . . ., . . . (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the . . . . day of . . . . . ., . . ., (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the . . . . day of . . . . . ., . . . (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.


VI.


A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:


 

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

 

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

 

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


by both first class and certified mail on the . . . . day of . . . . . ., . . ., proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the . . . . day of . . . . . ., . . ., with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting.


VII.


The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.


VIII.


The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.


IX.


Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's sale.



[Add Part X to this notice if applicable under RCW 61.24.040(9)]


 

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

 

. . . . . . . . . . . .  ,

Trustee

 

. . . . . . . .  




 

 

 

. . . . . . . .  

Address

 

. . . . . . . .  

 

 

. . . . . . . .  

}

Phone


[Acknowledgment]


        (2) In addition to providing the borrower and grantor the notice of sale described in RCW 61.24.040(1)(f), the trustee shall include with the copy of the notice which is mailed to the grantor, a statement to the grantor in substantially the following form:


NOTICE OF FORECLOSURE

Pursuant to the Revised Code of Washington,

Chapter 61.24 RCW#


        The attached Notice of Trustee's Sale is a consequence of default(s) in the obligation to . . . . . ., the Beneficiary of your Deed of Trust and owner of the obligation secured thereby. Unless the default(s) is/are cured, your property will be sold at auction on the . . . . day of . . . . . ., . . .

        To cure the default(s), you must bring the payments current, cure any other defaults, and pay accrued late charges and other costs, advances, and attorneys' fees as set forth below by the . . . . day of . . . . . ., . . . [11 days before the sale date]. To date, these arrears and costs are as follows:


 

 

Estimated amount

 

Currently due

that will be due

 

to reinstate

to reinstate

 

on . . . . .

on . . . . .

 

 . . . . . .

 . . . . . .

 

 

(11 days before

 

 

the date set

 

 

for sale)

Delinquent payments

 

from . . . . . .,

 

 

 . . ., in the

 

 

amount of

 

 

$ . . . ./mo.:

$ . . . .

$ . . . .

Late charges in

 

 

the total

 

 

amount of:

$ . . . .

$ . . . .

 

 

 

Estimated

 

 

 

Amounts

Attorneys' fees:

$ . . . .

$ . . . .

Trustee's fee:

$ . . . .

$ . . . .

Trustee's expenses:

 

(Itemization)

 

 

Title report

$ . . . .

$ . . . .

Recording fees

$ . . . .

$ . . . .

Service/Posting

of Notices


$ . . . .


$ . . . .

Postage/Copying

expense


$ . . . .


$ . . . .

Publication

$ . . . .

$ . . . .

Telephone

charges


$ . . . .

$ . . . .

Inspection fees

$ . . . .

$ . . . .

 . . . . . .

$ . . . .

$ . . . .

 . . . . . .

$ . . . .

$ . . . .

TOTALS

$ . . . .

$ . . . .


To pay off the entire obligation secured by your Deed of Trust as of the . . . . . day of . . . . . . you must pay a total of $. . . . . in principal, $. . . . . in interest, plus other costs and advances estimated to date in the amount of $. . . . . . From and after the date of this notice you must submit a written request to the Trustee to obtain the total amount to pay off the entire obligation secured by your Deed of Trust as of the payoff date.

As to the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust, you must cure each such default. Listed below are the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust. Opposite each such listed default is a brief description of the action necessary to cure the default and a description of the documentation necessary to show that the default has been cured.


Default

Description of Action Required to Cure and

 

Documentation Necessary to Show Cure

. . . . . . . . . . . 

 

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

 

 

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

 

 

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

. . . . . . . . . . . 

 

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

 

 

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

 

 

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


You may reinstate your Deed of Trust and the obligation secured thereby at any time up to and including the . . . . day of . . . . . ., . . . [11 days before the sale date], by paying the amount set forth or estimated above and by curing any other defaults described above. Of course, as time passes other payments may become due, and any further payments coming due and any additional late charges must be added to your reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured in order to effect reinstatement. In addition, because some of the charges can only be estimated at this time, and because the amount necessary to reinstate or to pay off the entire indebtedness may include presently unknown expenditures required to preserve the property or to comply with state or local law, it will be necessary for you to contact the Trustee before the time you tender reinstatement or the payoff amount so that you may be advised of the exact amount you will be required to pay. Tender of payment or performance must be made to: . . . . . ., whose address is . . . . . ., telephone (   ) . . . . . . AFTER THE . . . . DAY OF . . . . . ., . . ., YOU MAY NOT REINSTATE YOUR DEED OF TRUST BY PAYING THE BACK PAYMENTS AND COSTS AND FEES AND CURING THE OTHER DEFAULTS AS OUTLINED ABOVE. The Trustee will respond to any written request for current payoff or reinstatement amounts within ten days of receipt of your written request. In such a case, you will only be able to stop the sale by paying, before the sale, the total principal balance ($ . . . . . .) plus accrued interest, costs and advances, if any, made pursuant to the terms of the documents and by curing the other defaults as outlined above.

                                                                                                                            You may contest this default by initiating court action in the Superior Court of the county in which the sale is to be held. In such action, you may raise any legitimate defenses you have to this default. A copy of your Deed of Trust and documents evidencing the obligation secured thereby are enclosed. You may wish to consult a lawyer. Legal action on your part may prevent or restrain the sale, but only if you persuade the court of the merits of your defense.

                                                                                                                            The court may grant a restraining order or injunction to restrain a trustee's sale pursuant to RCW 61.24.130 upon five days notice to the trustee of the time when, place where, and the judge before whom the application for the restraining order or injunction is to be made. This notice shall include copies of all pleadings and related documents to be given to the judge. Notice and other process may be served on the trustee at:


 

NAME:

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

 

ADDRESS:

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

 

 

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

 

TELEPHONE NUMBER:

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


                                                                                                                            If you do not reinstate the secured obligation and your Deed of Trust in the manner set forth above, or if you do not succeed in restraining the sale by court action, your property will be sold. The effect of such sale will be to deprive you and all those who hold by, through or under you of all interest in the property;

                                                                                                                            (3) In addition, the trustee shall cause a copy of the notice of sale described in RCW 61.24.040(1)(f) (excluding the acknowledgment) to be published in a legal newspaper in each county in which the property or any part thereof is situated, once on or between the thirty-fifth and twenty-eighth day before the date of sale, and once on or between the fourteenth and seventh day before the date of sale;

                                                                                                                            (4) On the date and at the time designated in the notice of sale, the trustee or its authorized agent shall sell the property at public auction to the highest bidder. The trustee may sell the property in gross or in parcels as the trustee shall deem most advantageous;

                                                                                                                            (5) The place of sale shall be at any designated public place within the county where the property is located and if the property is in more than one county, the sale may be in any of the counties where the property is located. The sale shall be on Friday, or if Friday is a legal holiday on the following Monday, and during the hours set by statute for the conduct of sales of real estate at execution;

                                                                                                                            (6) The trustee has no obligation to, but may, for any cause the trustee deems advantageous, continue the sale for a period or periods not exceeding a total of one hundred twenty days by (a) a public proclamation at the time and place fixed for sale in the notice of sale and if the continuance is beyond the date of sale, by giving notice of the new time and place of the sale by both first class and either certified or registered mail, return receipt requested, to the persons specified in RCW 61.24.040(1)(b) (i) and (ii) to be deposited in the mail (i) not less than four days before the new date fixed for the sale if the sale is continued for up to seven days; or (ii) not more than three days after the date of the continuance by oral proclamation if the sale is continued for more than seven days, or, alternatively, (b) by giving notice of the time and place of the postponed sale in the manner and to the persons specified in RCW 61.24.040(1) (b), (c), (d), and (e) and publishing a copy of such notice once in the newspaper(s) described in RCW 61.24.040(3), more than seven days before the date fixed for sale in the notice of sale. No other notice of the postponed sale need be given;

(7) The purchaser shall forthwith pay the price bid and on payment the trustee shall execute to the purchaser its deed; the deed shall recite the facts showing that the sale was conducted in compliance with all of the requirements of this chapter and of the deed of trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value, except that these recitals shall not affect the lien or interest of any person entitled to notice under RCW 61.24.040(1), if the trustee fails to give the required notice to such person. In such case, the lien or interest of such omitted person shall not be affected by the sale and such omitted person shall be treated as if such person was the holder of the same lien or interest and was omitted as a party defendant in a judicial foreclosure proceeding;

(8) The sale as authorized under this chapter shall not take place less than one hundred ninety days from the date of default in any of the obligations secured.

(9) If the trustee elects to foreclose the interest of any occupant or tenant of property comprised solely of a single-family residence, or a condominium, cooperative, or other dwelling unit in a multiplex or other building containing fewer than five residential units, the following notice shall be included as Part X of the Notice of Trustee's Sale:


X.

NOTICE TO OCCUPANTS OR TENANTS#


The purchaser at the trustee's sale is entitled to possession of the property on the 20th day following the sale, as against the grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, chapter 59.12 RCW.

(10) Only one copy of all notices required by this chapter need be given to a person who is both the borrower and the grantor. All notices required by this chapter that are given to a general partnership are deemed given to each of its general partners, unless otherwise agreed by the parties.


Sec. 4. RCW 61.24.045 and 1985 c 193 s 1 are each amended to read as follows:

Any person desiring a copy of any notice of sale described in RCW 61.24.040(1)(f) under any deed of trust, other than a person entitled to receive such a notice under RCW 61.24.040(1) (b) or (c), must, after the recordation of such deed of trust and before the recordation of the notice of sale, cause to be filed for record, in the office of the auditor of any county in which the deed of trust is recorded, a duly acknowledged request for a copy of any notice of sale. The request shall be signed and acknowledged by the person to be notified or such person's agent, attorney, or representative; shall set forth the name, mailing address, and telephone number, if any, of the person or persons to be notified; shall identify the deed of trust by stating the names of the parties thereto, the date the deed of trust was recorded, the legal description of the property encumbered by the deed of trust, and the auditor's file number under which the deed of trust is recorded; and shall be in substantially the following form:


REQUEST FOR NOTICE


Request is hereby made that a copy of any notice of sale described in RCW 61.24.040(1)(f) under that certain Deed of Trust dated . . . . . ., ((19)) 20. . ., recorded on . . . . . ., ((19)) 20. . ., under auditor's file No. . . . . . ., records of . . . . . . County, Washington, from . . . . . ., as Grantor, to . . . . . . . . ., as Trustee, to secure an obligation in favor of . . . . . . . . ., as Beneficiary, and affecting the following described real property:


(Legal Description)


be sent by both first class and either registered or certified mail, return receipt requested, to . . . . . . . . . at . . . . . . . . .

                                                                                                                            Dated this . . . . day of . . . . . ., ((19)) 20. . .


 

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

 

Signature


(Acknowledgment)


A request for notice under this section shall not affect title to, or be deemed notice to any person that any person has any right, title, interest in, lien or charge upon, the property described in the request for notice.


                                                                                                                            Sec. 5. RCW 61.24.130 and 1998 c 295 s 14 are each amended to read as follows:

                                                                                                                            (1) Nothing contained in this chapter shall prejudice the right of the borrower, grantor, any guarantor, or any person who has an interest in, lien, or claim of lien against the property or some part thereof, to restrain, on any proper legal or equitable ground, a trustee's sale. The court shall require as a condition of granting the restraining order or injunction that the applicant pay to the clerk of the court the sums that would be due on the obligation secured by the deed of trust if the deed of trust was not being foreclosed:

                                                                                                                            (a) In the case of default in making the periodic payment of principal, interest, and reserves, such sums shall be the periodic payment of principal, interest, and reserves paid to the clerk of the court every thirty days.

                                                                                                                            (b) In the case of default in making payment of an obligation then fully payable by its terms, such sums shall be the amount of interest accruing monthly on said obligation at the nondefault rate, paid to the clerk of the court every thirty days.

                                                                                                                            In the case of default in performance of any nonmonetary obligation secured by the deed of trust, the court shall impose such conditions as it deems just.

                                                                                                                            In addition, the court may condition granting the restraining order or injunction upon the giving of security by the applicant, in such form and amount as the court deems proper, for the payment of such costs and damages, including attorneys' fees, as may be later found by the court to have been incurred or suffered by any party by reason of the restraining order or injunction. The court may consider, upon proper showing, the grantor's equity in the property in determining the amount of said security.

                                                                                                                            (2) No court may grant a restraining order or injunction to restrain a trustee's sale unless the person seeking the restraint gives five days notice to the trustee of the time when, place where, and the judge before whom the application for the restraining order or injunction is to be made. This notice shall include copies of all pleadings and related documents to be given to the judge. No judge may act upon such application unless it is accompanied by proof, evidenced by return of a sheriff, the sheriff's deputy, or by any person eighteen years of age or over who is competent to be a witness, that the notice has been served on the trustee.

(3) If the restraining order or injunction is dissolved after the date of the trustee's sale set forth in the notice as provided in RCW 61.24.040(1)(f), the court granting such restraining order or injunction, or before whom the order or injunction is returnable, shall, at the request of the trustee, set a new sale date which shall be not less than forty-five days from the date of the order dissolving the restraining order. The trustee shall:

(a) Comply with the requirements of RCW 61.24.040(1) (a) through (f) at least thirty days before the new sale date; and

(b) Cause a copy of the notice of trustee's sale as provided in RCW 61.24.040(1)(f) to be published in a legal newspaper in each county in which the property or any part thereof is situated once between the thirty-fifth and twenty-eighth day before the sale and once between the fourteenth and seventh day before the sale.

(4) If a trustee's sale has been stayed as a result of the filing of a petition in federal bankruptcy court and an order is entered in federal bankruptcy court granting relief from the stay or closing or dismissing the case, or discharging the debtor with the effect of removing the stay, the trustee may set a new sale date which shall not be less than forty-five days after the date of the bankruptcy court's order. The trustee shall:

(a) Comply with the requirements of RCW 61.24.040(1) (a) through (f) at least thirty days before the new sale date; and

(b) Cause a copy of the notice of trustee's sale as provided in RCW 61.24.040(1)(f) to be published in a legal newspaper in each county in which the property or any part thereof is situated, once between the thirty-fifth and twenty-eighth day before the sale and once between the fourteenth and seventh day before the sale.

(5) Subsections (3) and (4) of this section are permissive only and do not prohibit the trustee from proceeding with a trustee's sale following termination of any injunction or stay on any date to which such sale has been properly continued in accordance with RCW 61.24.040(6).

(6) The issuance of a restraining order or injunction shall not prohibit the trustee from continuing the sale as provided in RCW 61.24.040(6).


Sec. 6. RCW 61.24.135 and 1998 c 295 s 15 are each amended to read as follows:

It is an unfair or deceptive act or practice under the consumer protection act, chapter 19.86 RCW, for any person, acting alone or in concert with others, to offer, or offer to accept or accept from another, any consideration of any type not to bid, or to reduce a bid, at a sale of property conducted pursuant to a power of sale in a deed of trust. The trustee may decline to complete a sale or deliver the trustee's deed and refund the purchase price, if it appears that the bidding has been collusive or defective, or that the sale might have been void. However, it is not an unfair or deceptive act or practice for any person, including a trustee, to state that a property subject to a recorded notice of trustee's sale or subject to a sale conducted pursuant to this chapter is being sold in an "as-is" condition, or for the beneficiary to arrange to provide financing for a particular bidder or to reach any good faith agreement with the borrower, grantor, any guarantor, or any junior lienholder."


Correct the title.


 

Signed by Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern; Flannigan; Kirby; Moeller; Pedersen; Ross and Williams.


                                                                                                               Passed to Committee on Rules for second reading.


February 27, 2008

ESSB 5387                                                                                                           Prime Sponsor, Senate Committee on Ways & Means: Promoting economic development through commercialization of technologies. Reported by Committee on Community & Economic Development & Trade

 

MAJORITY recommendation: Do pass as amended.


                                                                                                                            Strike everything after the enacting clause and insert the following:


                                                                                                                            "NEW SECTION. Sec. 1. A new section is added to chapter 43.31 RCW to read as follows:

                                                                                                                            (1) The legislature finds that small technology-based firms are the source of approximately one-half of the economy's major innovations. The legislature further finds that economic development in the state is increasingly driven by innovative firms and that it is in the interest of the state to:

                                                                                                                            (a) Increase the number of innovative firms that understand and engage in the technology commercialization process by providing information resources and technical assistance in accessing new technologies; and

                                                                                                                            (b) Increase funding for product development and production by providing information on available finance options and facilitating the matching of investors with innovative entrepreneurs.

                                                                                                                            (2) To the extent funds are appropriated for these purposes, the department shall:

                                                                                                                            (a) In conjunction with public universities and colleges and private and federal research laboratories in the state:

                                                                                                                            (i) Develop and disseminate a guide to the technology commercialization process in general and the particular commercialization assistance available from research and academic institutions in the state;

                                                                                                                            (ii) Develop, maintain, and provide access to a database of technologies and inventions developed in the state available for commercialization and licensing; and

                                                                                                                            (iii) Offer training on the provision of commercialization assistance to technical assistance providers at the state's small business development centers, economic development councils, chambers of commerce, industry associations, the Washington manufacturing service, and private consulting firms;

                                                                                                                            (b) Develop a funding resource guide, offer workshops on how to access financing for commercializing new technologies, provide opportunities for novice investors to learn about investing in technology-based companies, host events to connect entrepreneurs and investors, and maintain an interactive web site accessible by both entrepreneurs and investors; and

                                                                                                                            (c) Report to the governor and the legislature on the impact of commercialization activities at Washington research institutions on an annual basis.

(3) The department shall contract with outside entities on a competitive bid basis to accomplish the requirements of subsection (2)(a) and (b) of this section."


Correct the title.

 

Signed by Representatives Kenney, Chair; Pettigrew, Vice Chair; Bailey, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Chase; Darneille; Haler; Rolfes and Sullivan.


Referred to Committee on Appropriations.


February 26, 2008

ESB 5425Prime Sponsor, Senator Kohl-Welles: Adding additional appropriate locations for the transfer of newborn children. Reported by Committee on Early Learning & Children's Services

 

MAJORITY recommendation: Do pass. Signed by Representatives Kagi, Chair; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Goodman; Hinkle and Pettigrew.

 

MINORITY recommendation: Without recommendation. Signed by Representative Roberts, Vice Chair.


Passed to Committee on Rules for second reading.


February 27, 2008

2SSB 5596Prime Sponsor, Senate Committee on Ways & Means: Requiring fair payment for chiropractic services. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass as amended.

 

Strike everything after the enacting clause and insert the following:


"NEW SECTION. Sec. 1. A new section is added to chapter 48.43 RCW to read as follows:

(1)(a) Except as provided in (b) of this subsection, a health carrier may not develop and use a payment methodology that would result in a payment to a chiropractor under a payment or billing code in an amount less than a payment to a different provider licensed under Title 18 RCW who is being paid under the same payment or billing code. For payment methodologies that are developed and used after January 1, 2009, it is presumed that payment or billing codes that apply only to health care services provided by chiropractors are not in compliance with this requirement unless the carrier shows to the commissioner's satisfaction that the payment or billing codes are used only to achieve the purposes permitted under (b) of this subsection.

(b) This section does not affect a health carrier's:

(i) Implementation of a health care quality improvement program to promote cost-effective and clinically efficacious health care services, including but not limited to pay-for-performance payment methodologies and other programs fairly applied to all health care providers licensed under Title 18 RCW that are designed to promote evidence-based and research-based practices; or

                                                                                                                            (ii) Health care provider contracting to comply with RCW 48.43.515 and rules adopted by the commissioner establishing provider network adequacy standards.

                                                                                                                            (c) This section does not, and may not be construed to:

                                                                                                                            (i) Require the payment of provider billings that do not meet billing and claim payment standards set forth in rules adopted by the commissioner;

                                                                                                                            (ii) Require any health plan to include coverage of any condition; or

                                                                                                                            (iii) Expand the scope of practice for any health care provider.

                                                                                                                            (2) This section applies only to payment methodologies developed or used on and after January 1, 2009."


                                                                                                                            Correct the title.

 

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

 

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


                                                                                                               Referred to Committee on Appropriations.


February 28, 2008

SSB 5628                                                                                                             Prime Sponsor, Senate Committee on Government Operations & Elections: Adopting the interstate agreement for the election of the president of the United States by national popular vote. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Liias; Miloscia and Ormsby.

 

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


                                                                                                               Passed to Committee on Rules for second reading.


February 28, 2008

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

 

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

 

Passed to Committee on Rules for second reading.


February 28, 2008

2ESB 5723Prime Sponsor, Senator Rasmussen: Creating and funding the community agricultural worker safety grant program. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


Strike everything after the enacting clause and insert the following:


"NEW SECTION. Sec. 1. The legislature finds that agricultural workers are challenged not only in finding full-time, year-round work, but also face difficulties in upgrading their agricultural skills. The legislature also finds that the agricultural industry's demand for skilled workers far outnumbers the current supply. In addition, the legislature finds that despite recent advances in the safety of agricultural production, additional training of agricultural workers should assist the agricultural sector in ongoing efforts to reduce occupational injuries.


NEW SECTION. Sec. 2. A new section is added to chapter 15.04 RCW to read as follows:

(1) The community agricultural worker safety grant program is created within the department.

(2) Subject to amounts appropriated for this specific purpose, the department shall conduct a competitive grant process and award a grant to a nonprofit organization exempt from federal income tax under Title 26 U.S.C. Sec. 501(c)(3) of the internal revenue code to develop and provide practical, hands-on training for the state's agricultural workers.

(3) The grant recipient may receive up to two hundred fifty thousand dollars per year.

(4)(a) In developing practical, hands-on training for the state's agricultural workers, the grant recipient shall work with specific stakeholders as follows:

(i) Farmers, farm workers, and related organizations to develop training related to tractor and farm machinery skills and safety and pesticides; and

 (ii) Community and technical colleges to develop training related to adult basic skills, civics, English as a second language, commercial drivers' licensing, and other related topics.

(b) Stakeholders identified under this subsection (4) may not receive compensation for their participation with the grant recipient.

(5) The department shall monitor the effectiveness of any training developed and provided under this section.


NEW SECTION. Sec. 3. A new section is added to chapter 15.04 RCW to read as follows:

The department of agriculture shall report to the appropriate committees of the legislature by December 1st of each year on the implementation of agricultural worker training pursuant to section 309(7), chapter 522, Laws of 2007 and section 2 of this act, as appropriate. The report shall include, as appropriate, information about any competitive grant process used and the grant recipient selected, training developed and provided, the number of people trained, and any reduction in workplace injuries.



                                                                                                                            NEW SECTION. Sec. 4. Section 2 of this act takes effect July 1, 2009.


                                                                                                                            NEW SECTION. Sec. 5. This act expires July 1, 2012."


                                                                                                                            Correct the title.

 

Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

 

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


                                                                                                               Referred to Committee on Appropriations.


February 28, 2008

ESSB 5746                                                                                                           Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Regarding the practice of landscape architecture. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


                                                                                                                            On page 7, beginning on line 13, strike all of section 8 and insert the following:


                                                                                                                            "Sec. 8. RCW 18.96.080 and 1993 c 35 s 2 are each amended to read as follows:

                                                                                                                            (1) Application for ((registration)) licensure shall be filed with the ((director prior to the date set for examination and shall contain statements made under oath showing the applicant's education and a detailed summary of practical experience, and shall contain not less than three references who are landscape architects having personal knowledge of the applicant's landscape architectural experience)) board as provided by rule.

                                                                                                                            (2) The application ((fee)) for ((initial)) examination shall be ((determined by the director as provided in RCW 43.24.086. The application and fee must be submitted to the agency prior to the application deadline established by the director.

                                                                                                                            Fees for initial examination and reexamination shall be determined by the director as provided in RCW 43.24.086, and must be filed with the agency prior to the application deadline established by the director)) filed with the board as prescribed by rule."


                                                                                                                            Beginning on page 9, line 1, strike all of sections 10 and 11 and insert the following:


                                                                                                                            "Sec. 10. RCW 18.96.100 and 1993 c 35 s 4 are each amended to read as follows:

                                                                                                                            (1) The director may((, upon payment of a reciprocity application fee and the current registration fee in an amount as determined by the director as provided in RCW 43.24.086, grant a certificate of registration, upon recommendation by the board, to any applicant who is a registered landscape architect in any other state or country whose requirements for registration are at least substantially equivalent to the requirements of this state for registration by examination, and which extends the same privileges of reciprocity to landscape architects registered in this state)) grant a certificate of licensure to an applicant who is a licensed landscape architect in another state or territory of the United States, the District of Columbia, or another country, if that individual's qualifications and experience are determined by the board to be equivalent to the qualifications and experience required of a person licensed under RCW 18.96.070.

(2) A landscape architect licensed or registered in any other jurisdiction recognized by the board may offer to practice landscape architecture in this state if:

(a) It is clearly and prominently stated in any such offer that the landscape architect is not licensed to practice landscape architecture in Washington state; and

(b) Before practicing landscape architecture or signing a contract to provide landscape architectural services, the landscape architect obtains a certificate of licensure.


Sec. 11. RCW 18.96.110 and 1993 c 35 s 5 are each amended to read as follows:

(1) The renewal dates for certificates of ((registration shall be set by the director. The director shall set the fee for renewal which shall be determined as provided in RCW 43.24.086.

If a registrant fails to pay the renewal fee within thirty days after the renewal date, the renewal shall be delinquent. The renewal fee for a delinquent renewal and the penalty fee for a delinquent renewal shall be established by the director. Any registrant in good standing, upon fully retiring from landscape architectural practice, may withdraw from practice by giving written notice to the director, and may thereafter resume practice at any time upon payment of the then current renewal fee. Any registrant, other than a properly withdrawn licensee, who fails to renew his or her registration for a period of more than five years may be reinstated under the)) licensure shall be set by the director in accordance with RCW 43.24.086.

(2) Any licensee in good standing may withdraw from the practice of landscape architecture by giving written notice to the director, and may within five years thereafter resume active practice upon complying with this chapter. A licensee may be reinstated after a withdrawal of more than five years under such circumstances as the board determines.

(3) A licensed landscape architect must demonstrate continuing professional education activities since the landscape architect's last renewal or initial licensure, as the case may be; the board shall by rule describe the professional development activities required by the board. The board may decline to renew a license if the landscape architect's continuing professional education activities do not meet the standards in the board's rules. In the application of this subsection, the board shall strive to ensure that rules are consistent with the continuing professional education requirements in use by the national professional organizations representing landscape architects and in use by other cohort states. Cohort states are those other United States determined by the board to be comparable to Washington in natural factors and landscape architecture licensure."


Beginning on page 12, line 3, strike all of section 14 and insert the following:


"Sec. 14. RCW 18.96.150 and 1993 c 35 s 6 are each amended to read as follows:

((The director shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to any applicant who has satisfactorily met all requirements for registration. All certificates of registration shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman and the executive secretary of the board, and by the director.

                                                                                                                            Each registrant shall obtain a seal of a design authorized by the board, bearing the registrant's name and the legend, "registered landscape architect". All sheets of drawings and title pages of specifications prepared by the registrant shall be stamped with said seal.)) (1) The director shall issue a certificate of licensure to any applicant who has, to the satisfaction of the board, met all the requirements for licensure as provided in this chapter. All certificates of licensure shall show the full name of the licensee, have the license number, and shall be signed by the chair of the board and by the director. The issuance of a certificate of licensure by the director is prima facie evidence that the person named therein is entitled to all the rights and privileges of a licensed landscape architect.

                                                                                                                            (2) Each licensee shall obtain a seal of the design authorized by the board bearing the landscape architect's name, license number, the legend "Licensed Landscape Architect," and the name of this state. Drawings prepared by the licensee shall be sealed and signed by the licensee when filed with public authorities. It is unlawful to seal and sign a document after a licensee's certificate of licensure or authorization has expired, been revoked, or is suspended. A landscape architect shall not seal and sign technical submissions not prepared by the landscape architect or his or her regularly employed subordinates, or individuals under his or her direct control, or if prepared by a landscape architect licensed in any jurisdiction recognized by the board, reviewed and accepted as the sealing landscape architect's own work; a landscape architect who signs or seals drawings or specifications that he or she has reviewed is responsible to the same extent as if prepared by that landscape architect."


                                                                                                                            Beginning on page 13, line 22, strike all of sections 16 and 17 and insert the following:


                                                                                                                            "Sec. 16. RCW 18.96.190 and 1996 c 293 s 15 are each amended to read as follows:

                                                                                                                            The ((director)) board shall suspend the certificate of ((registration)) licensure of any person who has been certified by a lending agency and reported to the ((director)) board for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. ((Prior to)) Before the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate of ((registration)) licensure shall not be reissued until the person provides the ((director)) board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for certification of licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and ((payment of any reinstatement fee the director may impose)) compliance with this chapter."


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


                                                                                                                            On page 14, line 32, after "(10)" strike all material through "jurisdictions" on line 34 and insert "Preparation of conceptual landscape drawings that are not for use in bidding, permitting, or construction"

 

Signed by Representatives Conway, Chair; Wood, Vice Chair; Green; Moeller and Williams.

 

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


Referred to Committee on Appropriations.


February 28, 2008

ESB 5751Prime Sponsor, Senator Kohl-Welles: Creating a wine and beer tasting pilot project in grocery stores. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


On page 2, line 16, after "and" strike "obviously" and insert "apparently"


On page 2, after line 20, insert the following:

"(h) The board may prohibit tasting at a pilot project location that is within the boundaries of an alcohol impact area recognized by resolution of the board if the board finds that the tasting activities at the location are having an adverse effect on the reduction of chronic public inebriation in the area."


Reletter the remaining subsections consecutively and correct any internal references accordingly.

 

Signed by Representatives Conway, Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Moeller and Williams.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Wood, Vice Chair; Crouse and Green.


Referred to Committee on Appropriations.


February 28, 2008

SSB 5869Prime Sponsor, Senate Committee on Government Operations & Elections: Monitoring personal information collected by state agencies. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass as amended.


On page 1, line 11, after "the" strike "state interoperability executive" and insert "((state interoperability executive)) enterprise architecture"


On page 6, line 36, after "schedule;" strike "and"



                                                                                                                            On page 6, line 37, after "interfaces;" strike "and" and insert the following:

                                                                                                                            "(i) Unique agency identifiers; and

                                                                                                                            (j) Whether information in the system is shared with other government entities under a data-sharing agreement or regulation; and"

 

Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Chandler, Ranking Minority Member; Kretz; Liias; Miloscia and Ormsby.

 

Passed to Committee on Rules for second reading.


February 28, 2008

SSB 6060                                                                                                             Prime Sponsor, Senate Committee on Judiciary: Addressing unlawful detainer actions based on nonpayment of rent. Reported by Committee on Judiciary

 

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

 

Passed to Committee on Rules for second reading.


February 26, 2008

SB 6183                                                                                                                Prime Sponsor, Senator Parlette: Providing a process for the dissolution of first-class school directors' districts. Reported by Committee on Education

 

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

 

Passed to Committee on Rules for second reading.


February 28, 2008

SB 6187                                                                                                                Prime Sponsor, Senator Shin: Creating the food animal veterinarian conditional scholarship program. Reported by Committee on Appropriations Subcommittee on Education

 

MAJORITY recommendation: Do pass as amended.


                                                                                                                            Strike everything after the enacting clause and insert the following:


                                                                                                                            "NEW SECTION. Sec. 1. The legislature finds that there is a critical shortage of food animal veterinarians particularly in rural areas of the state. The legislature finds that among the factors contributing to this shortage is the need to repay student loans that are taken out to pay for an extensive and high-cost education. To pay these student loans, licensed graduates currently find it necessary to take higher paying positions that provide service to companion and small animals.

The legislature finds that the livestock industry provides a critical component of the food supply. Providing adequate animal health and disease diagnostic services is of high importance not only to protect animal health, but also for the protection of our food supply, the protection of public health from potential effects of contagious diseases, and to provide an essential disease detection and response capability.

The legislature intends to increase the supply of food animal veterinarians by providing incentives to graduates of Washington State University college of veterinary medicine to focus on food animal health services to address this critical shortage.


NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "College" means the Washington State University college of veterinary medicine.

(2) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a food animal veterinarian in this state.

(3) "Eligible student" means a student who is registered for at least six credit hours or the equivalent, is making satisfactory academic progress as defined by the college, has declared veterinary medicine for his or her major, and has a declared intention to practice veterinary medicine with an emphasis in food animal medicine in the state of Washington.

(4) "Food animal" means any species commonly recognized as livestock including, but not limited to, poultry, cattle, swine, and sheep.

(5) "Food animal veterinarian" means a veterinarian licensed and registered under chapter 18.92 RCW and engaged in general and food animal practice as a primary specialty, who has at least fifty percent of his or her practice time devoted to large production animal veterinary practice.

(6) "Forgiven" or "to forgive" or "forgiveness" means to practice veterinary medicine with an emphasis in food animal medicine in the state of Washington in lieu of monetary repayment.

(7) "Participant" means an eligible student who has received a conditional scholarship under this chapter.

(8) "Satisfied" means paid-in-full.

(9) "University" means Washington State University.


NEW SECTION. Sec. 3. The food animal veterinarian conditional scholarship program is established. The program shall be administered by the university. In administering the program, the university has the following powers and duties:

(1) To select, in consultation with the college, up to two students each year to receive conditional scholarships;

(2) To adopt necessary rules and guidelines;

(3) To publicize the program;

(4) To collect and manage repayments from students who do not meet their obligations under this chapter; and

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


NEW SECTION. Sec. 4. (1) The university shall select participants based on an application process conducted by the university.

(2) The university shall establish a selection committee for screening and selecting recipients of the conditional scholarships. The selection committee shall include at least two representatives from the college, at least one of whom is a faculty member teaching in food animal veterinary medicine, and at least one representative from the beef, dairy, or sheep industry.

                                                                                                                            (3) The selection criteria shall emphasize factors demonstrating a sustained interest in food animals and serving the needs of Washington's agricultural communities. The criteria shall also take into account the need for food animal veterinarians in diverse areas of the state and allocate funds in a manner designed to represent a cross-section of geographic locations.


                                                                                                                            NEW SECTION. Sec. 5. To remain an eligible student and receive continuing disbursements under the program, a participant must be considered by the college to be making satisfactory academic progress.


                                                                                                                            NEW SECTION. Sec. 6. The university may award conditional scholarships to eligible students from the funds appropriated to the university for this purpose, or from any private donations, or any other funds given to the university for this program. The amount of the conditional scholarship awarded an individual may not exceed the amount of resident tuition and fees at the college, as well as the cost of room, board, laboratory fees and supplies, and books, incurred by an eligible student and approved by a financial aid administrator at the university. Participants are eligible to receive conditional scholarships for a maximum of five years.


                                                                                                                            NEW SECTION. Sec. 7. (1) A participant in the conditional scholarship program incurs an obligation to repay the conditional scholarship, with interest, unless he or she is employed as a food animal veterinarian in Washington state for each year of scholarship received, under rules adopted by the university.

                                                                                                                            (2) The interest rate shall be determined annually by the university.

                                                                                                                            (3) The minimum payment shall be set by the university. The maximum period for repayment is ten years, with payments of principal and interest accruing quarterly commencing six months from the date the participant completes or discontinues the course of study, including any internship or residency in food animal medicine and surgery. Provisions for deferral of payment shall be determined by the university.

                                                                                                                            (4) The entire principal and interest of each payment shall be forgiven for each payment period in which the participant is employed as a food animal veterinarian in this state until the entire repayment obligation is satisfied. Should the participant cease to be employed as a food animal veterinarian in this state before the participant's repayment obligation is completed, payments on the unsatisfied portion of the principal and interest shall begin the next payment period and continue until the remainder of the participant's repayment obligation is satisfied.

                                                                                                                            (5) The university is responsible for collection of repayments made under this section and shall exercise due diligence in such collection, maintaining all necessary records to ensure that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using the full extent of the law, including wage garnishment if necessary. The university is responsible to forgive all or parts of such repayments under the criteria established in this section and shall maintain all necessary records of forgiven payments.

                                                                                                                            (6) Receipts from the payment of principal or interest or any other subsidies to which the university as administrator is entitled, that are paid by or on behalf of participants under this section, shall be deposited in the food animal veterinarian conditional scholarship account and shall be used to cover the costs of granting the conditional scholarships, maintaining necessary records, and making collections under subsection (5) of this section. The university shall maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant conditional scholarships to eligible students.

(7) The university shall adopt rules to define the terms of repayment, including applicable interest rates, fees, and deferments.


NEW SECTION. Sec. 8. (1) The food animal veterinarian conditional scholarship account is created in the custody of the state treasurer. No appropriation is required for expenditures of funds from the account. The account is not subject to allotment procedures under chapter 43.88 RCW except for moneys used for program administration.

(2) The university shall deposit into the account all moneys received for the program. The account shall be self-sustaining and consist of funds appropriated by the legislature for the food animal veterinarian conditional scholarship program, private contributions to the program, and receipts from participant repayments.

(3) Expenditures from the account may be used solely for conditional scholarships to participants in the program established by this chapter and costs associated with program administration by the university.

(4) Disbursements from the account may be made only on the authorization of the university.


Sec. 9. RCW 43.79A.040 and 2007 c 523 s 5, 2007 c 357 s 21, and 2007 c 214 s 14 are each reenacted and amended to read as follows:

(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment 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)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and fire fighters' plan 2 expense fund, the local tourism promotion account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, and the reading achievement account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

                                                                                                                            (c) 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 advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

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


                                                                                                                            NEW SECTION. Sec. 10. Sections 1 through 8 of this act constitute a new chapter in Title 28B RCW.


                                                                                                                            NEW SECTION. Sec. 11. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."


                                                                                                                            Correct the title.

 

Signed by Representatives Haigh, Chair; Sullivan, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Barlow; Crouse; Fromhold; Haler; Herrera; Hunter; Jarrett; Kagi; Kenney; Ormsby; Quall; Seaquist; Springer and Wallace.

 

Passed to Committee on Rules for second reading.


February 26, 2008

SB 6193                                                                                                                Prime Sponsor, Senator Hargrove: Giving county clerks authority to withhold and deliver funds from criminal defendants who owe legal financial obligations. Reported by Committee on Judiciary

 

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

 

Passed to Committee on Rules for second reading.


February 27, 2008

SB 6196Prime Sponsor, Senator Pridemore: Modifying definitions applicable to local infrastructure financing tool program demonstration projects. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Hasegawa, Vice Chair; Orcutt, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Conway; Ericks; McIntire and Roach.

 

MINORITY recommendation: Without recommendation. Signed by Representative Santos.


Passed to Committee on Rules for second reading.


February 27, 2008

SB 6204Prime Sponsor, Senator Sheldon: Dividing water resource inventory area 14 into WRIA 14a and WRIA 14b. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Van De Wege, Vice Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Eickmeyer; Grant; Lantz; Loomis; McCoy; Nelson; Newhouse and Orcutt.

 

Passed to Committee on Rules for second reading.


February 28, 2008

2SSB 6206Prime Sponsor, Senate Committee on Ways & Means: Concerning agency reviews and reports regarding child abuse, neglect, and near fatalities. Reported by Committee on Early Learning & Children's Services

 

MAJORITY recommendation: Do pass as amended.


Strike everything after the enacting clause and insert the following:


"Sec. 1. RCW 74.13.640 and 2004 c 36 s 1 are each amended to read as follows:

(1) The department of social and health services shall conduct a child fatality review in the event of an unexpected death of a minor in the state who is in the care of or receiving services described in chapter 74.13 RCW from the department or who has been in the care of or received services described in chapter 74.13 RCW from the department within one year preceding the minor's death.

                                                                                                                            (2) Upon conclusion of a child fatality review required pursuant to subsection (1) of this section, the department shall within one hundred eighty days following the fatality issue a report on the results of the review to the appropriate committees of the legislature and shall make copies of the report available to the public upon request, unless an extension has been granted by the governor.

                                                                                                                            (3) The department shall develop and implement procedures to carry out the requirements of subsections (1) and (2) of this section.

                                                                                                                            (4) In the event a child fatality is the result of apparent abuse or neglect by the child's parent or caregiver, the department shall ensure that the fatality review team is comprised of individuals who had no previous involvement in the case and whose professional expertise is pertinent to the dynamics of the case.

                                                                                                                            (5) In the event of a near-fatality of a child who is in the care of or receiving services described in this chapter from the department or who has been in the care of or received services described in this chapter from the department within one year preceding the near-fatality, the department shall promptly notify the office of the family and children's ombudsman.


                                                                                                                            NEW SECTION. Sec. 2. A new section is added to chapter 43.06A RCW to read as follows:

                                                                                                                            The office of the family and children's ombudsman shall issue an annual report to the legislature on the status of the implementation of child fatality review recommendations.


                                                                                                                            Sec. 3. RCW 43.06A.100 and 1999 c 390 s 5 are each amended to read as follows:

                                                                                                                            The department of social and health services shall:

                                                                                                                            (1) Allow the ombudsman or the ombudsman's designee to communicate privately with any child in the custody of the department for the purposes of carrying out its duties under this chapter;

                                                                                                                            (2) Permit the ombudsman or the ombudsman's designee physical access to state institutions serving children, and state licensed facilities or residences for the purpose of carrying out its duties under this chapter;

                                                                                                                            (3) Upon the ombudsman's request, grant the ombudsman or the ombudsman's designee the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the department that the ombudsman considers necessary in an investigation; and

                                                                                                                            (4) Grant the office of the family and children's ombudsman unrestricted on-line access to the case and management information system (CAMIS) or any successor information system for the purpose of carrying out its duties under this chapter.


                                                                                                                            Sec. 4. RCW 26.44.030 and 2007 c 387 s 3 are each amended to read as follows:

                                                                                                                            (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of early learning, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

(b) When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service. No one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060.

Nothing in this subsection (1)(b) shall limit a person's duty to report under (a) of this subsection.

For the purposes of this subsection, the following definitions apply:

(i) "Official supervisory capacity" means a position, status, or role created, recognized, or designated by any nonprofit or for-profit organization, either for financial gain or without financial gain, whose scope includes, but is not limited to, overseeing, directing, or managing another person who is employed by, contracted by, or volunteers with the nonprofit or for-profit organization.

(ii) "Regularly exercises supervisory authority" means to act in his or her official supervisory capacity on an ongoing or continuing basis with regards to a particular person.

(c) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

 (d) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

(e) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known.

(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.

(3) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.


                                                                                                                            (4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.

                                                                                                                             (5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

                                                                                                                            (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

                                                                                                                            (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.

                                                                                                                            (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

                                                                                                                            (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

(10) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

(11) Upon receiving a report of alleged child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

(12) In investigating and responding to allegations of child abuse and neglect, the department may conduct background checks as authorized by state and federal law.

(13) If a report of alleged abuse or neglect is founded and constitutes the third founded report received by the department within the last twelve months involving the same child or family, the department shall promptly notify the office of the family and children's ombudsman of the contents of the report. The department shall also notify the ombudsman of the disposition of the report.

 (14) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

(((14))) (15) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

(((15))) (16) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

(((16))) (17) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which: (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral.

(18) Upon receiving a report of alleged abuse or neglect involving a child under the court's jurisdiction under chapter 13.34 RCW, the department shall promptly notify the child's guardian ad litem of the report's contents. The department shall also notify the guardian ad litem of the disposition of the report. For purposes of this subsection, "guardian ad litem" has the meaning provided in RCW 13.34.030.


                                                                                                                            Sec. 5. RCW 26.44.030 and 2007 c 387 s 3 and 2007 c 220 s 2 are each reenacted and amended to read as follows:

                                                                                                                            (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of early learning, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

                                                                                                                            (b) When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service. No one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060.

                                                                                                                            Nothing in this subsection (1)(b) shall limit a person's duty to report under (a) of this subsection.

                                                                                                                            For the purposes of this subsection, the following definitions apply:

                                                                                                                            (i) "Official supervisory capacity" means a position, status, or role created, recognized, or designated by any nonprofit or for-profit organization, either for financial gain or without financial gain, whose scope includes, but is not limited to, overseeing, directing, or managing another person who is employed by, contracted by, or volunteers with the nonprofit or for-profit organization.

                                                                                                                            (ii) "Regularly exercises supervisory authority" means to act in his or her official supervisory capacity on an ongoing or continuing basis with regards to a particular person.

                                                                                                                             (c) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

                                                                                                                            (d) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

(e) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known.

(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.

(3) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

(4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.

(5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

(6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

(7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.

(8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

                                                                                                                            (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

                                                                                                                            (10) Upon receiving a report of alleged abuse or neglect, the department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which:

                                                                                                                            (a) The department believes there is a serious threat of substantial harm to the child;

                                                                                                                            (b) The report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or

                                                                                                                            (c) The department has a prior founded report of abuse or neglect with regard to a member of the household that is within three years of receipt of the referral.

                                                                                                                            (11)(a) For reports of alleged abuse or neglect that are accepted for investigation by the department, the investigation shall be conducted within time frames established by the department in rule. In no case shall the investigation extend longer than ninety days from the date the report is received, unless the investigation is being conducted under a written protocol pursuant to RCW 26.44.180 and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary. At the completion of the investigation, the department shall make a finding that the report of child abuse or neglect is founded or unfounded.

                                                                                                                            (b) If a court in a civil or criminal proceeding, considering the same facts or circumstances as are contained in the report being investigated by the department, makes a judicial finding by a preponderance of the evidence or higher that the subject of the pending investigation has abused or neglected the child, the department shall adopt the finding in its investigation.

                                                                                                                            (12) In conducting an investigation of alleged abuse or neglect, the department or law enforcement agency:

                                                                                                                            (a) May interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation; and

(b) Shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

(13) If a report of alleged abuse or neglect is founded and constitutes the third founded report received by the department within the last twelve months involving the same child or family, the department shall promptly notify the office of the family and children's ombudsman of the contents of the report. The department shall also notify the ombudsman of the disposition of the report.

 (14) In investigating and responding to allegations of child abuse and neglect, the department may conduct background checks as authorized by state and federal law.

(((14))) (15) The department shall maintain investigation records and conduct timely and periodic reviews of all founded cases of abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

(((15))) (16) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

(((16))) (17) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

(18) Upon receiving a report of alleged abuse or neglect involving a child under the court's jurisdiction under chapter 13.34 RCW, the department shall promptly notify the child's guardian ad litem of the report's contents. The department shall also notify the guardian ad litem of the disposition of the report. For purposes of this subsection, "guardian ad litem" has the meaning provided in RCW 13.34.030.


NEW SECTION. Sec. 6. A new section is added to chapter 43.06A RCW to read as follows:

The ombudsman shall analyze a random sampling of referrals made by mandated reporters during 2006 and 2007 and report to the appropriate committees of the legislature on the following: The number and types of referrals from mandated reporters; the disposition of the referrals by category of mandated reporters; how many referrals resulted in the filing of dependency actions; any patterns established by the department in how it dealt with such referrals; whether the history of fatalities in 2006 and 2007 showed referrals by mandated reporters; and any other information the ombudsman deems relevant. The ombudsman may contract for all or a portion of the tasks essential to completing the analysis and report required under this section. The report is due no later than June 30, 2009.


NEW SECTION. Sec. 7. Section 4 of this act expires October 1, 2008.


NEW SECTION. Sec. 8. Section 5 of this act takes effect October 1, 2008."


Correct the title.

 

Signed by Representatives Kagi, Chair; Roberts, Vice Chair; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Goodman; Hinkle and Pettigrew.



                                                                                                               Referred to Committee on Appropriations.


February 28, 2008

SB 6216                                                                                                                Prime Sponsor, Senator Prentice: Authorizing of the governor to enter into a cigarette tax contract with the Shoalwater Bay Tribe. Reported by Committee on State Government & Tribal Affairs

 

MAJORITY recommendation: Do pass. Signed by Representatives Hunt, Chair; Appleton, Vice Chair; Chandler, Ranking Minority Member; Kretz; Liias; Miloscia and Ormsby.

 

Passed to Committee on Rules for second reading.


February 27, 2008

2SSB 6220                                                                                                           Prime Sponsor, Senate Committee on Ways & Means: Allowing the delegation of nursing tasks to care for persons with diabetes. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass as amended.


                                                                                                                            On page 5, after line 29, insert the following:


                                                                                                                            "NEW SECTION. Sec. 4. A new section is added to chapter 18.79 RCW to read as follows:

                                                                                                                            (1) The commission, in cooperation with the department of social and health services, shall develop a monitoring system for insulin administered by injection by nursing assistants pursuant to a delegation from a registered nurse made in accordance with RCW 18.79.260(3)(e). The monitoring system shall include information reported by delegating nurses on the number of nursing assistants who administer insulin by injection; the number of patients those nursing assistants serve; the number of injections that have been administered; the number, type, and outcome of any inappropriately administered insulin injections; and other relevant information.

                                                                                                                            (2) The commission shall report to the governor and the legislature on the findings of the monitoring system and any recommendations for continuing or discontinuing to permit registered nurses to delegate the administration of insulin by injection to nursing assistants in accordance with RCW 18.79.260(3)(e). The report shall be submitted to the governor and the legislature by November 15, 2012.


                                                                                                                            NEW SECTION. Sec. 5. This act expires June 1, 2013."


                                                                                                                            Correct the title.

 

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

 

Passed to Committee on Rules for second reading.


February 29, 2008

SSB 6231Prime Sponsor, Senate Committee on Ways & Means: Improving the coordination of marine protected areas. Reported by Committee on Early Learning & Children's Services

 

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

 

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


Referred to Committee on Appropriations.


February 27, 2008

SSB 6241Prime Sponsor, Senate Committee on Health & Long-Term Care: Prohibiting the sale or use of prescriber-identifiable prescription data for commercial or marketing purposes. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chair; Morrell, Vice Chair; Barlow; Campbell; Green; Moeller; Pedersen; Schual-Berke and Seaquist.

 

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


Passed to Committee on Rules for second reading.


February 28, 2008

SSB 6246Prime Sponsor, Senate Committee on Labor, Commerce, Research & Development: Authorizing travel expenses for closed industrial insurance claims. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Green; Moeller and Williams.

 

Passed to Committee on Rules for second reading.


February 27, 2008

SB 6267Prime Sponsor, Senator Keiser: Repealing RCW 18.79.255. Reported by Committee on Health Care & Wellness

 

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

 

Passed to Committee on Rules for second reading.


February 27, 2008

SB 6275                                                                                                                Prime Sponsor, Senator Haugen: Granting authority for drainage district commissioners to implement drainage maintenance plans. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Van De Wege, Vice Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Eickmeyer; Grant; Lantz; Loomis; McCoy; Nelson; Newhouse and Orcutt.

 

Passed to Committee on Rules for second reading.


February 27, 2008

SSB 6297                                                                                                             Prime Sponsor, Senate Committee on Ways & Means: Changing elected prosecuting attorney salaries. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended.


                                                                                                                            Strike everything after the enacting clause and insert the following:


                                                                                                                            "NEW SECTION. Sec. 1. The legislature finds that an elected county prosecuting attorney functions as both a state officer in pursuing criminal cases on behalf of the state of Washington, and as a county officer who acts as civil counsel for the county, and provides services to school districts and lesser taxing districts by statute.

                                                                                                                            The elected prosecuting attorney's dual role as a state officer and a county officer is reflected in various provisions of the state Constitution and within state statute.

                                                                                                                            The legislature finds that the responsibilities and decisions required of the elected prosecuting attorney are essentially the same in every county within Washington state, from a decision to seek the death penalty in an aggravated murder case, to the decision not to prosecute but refer an offender to drug court; from a decision to pursue child rape charges based solely upon the testimony of the child, to a decision to divert juvenile offenders out of the justice system. Therefore, the legislature finds that elected prosecuting attorneys need to exercise the same level of skill and expertise in the least populous county as in the most populous county.

                                                                                                                            The legislature finds that the salary of the elected county prosecuting attorney should be tied to that of a superior court judge. This furthers the state's interests and responsibilities under the state Constitution, and is consistent with the current practice of several counties in Washington state, the practices of several other states, and the national district attorneys' association national standards.


Sec. 2. RCW 36.17.020 and 2001 c 73 s 3 are each amended to read as follows:

The county legislative authority of each county or a county commissioner or councilmember salary commission which conforms with RCW 36.17.024 is authorized to establish the salaries of the elected officials of the county. ((One-half of the salary of each prosecuting attorney shall be paid by the state.)) The state and county shall contribute to the costs of the salary of the elected prosecuting attorney as set forth in subsection (11) of this section. The annual salary of a county elected official shall not be less than the following:

(1) In each county with a population of one million or more: Auditor, clerk, treasurer, sheriff, members of the county legislative authority, and coroner, eighteen thousand dollars; and assessor, nineteen thousand dollars((; and prosecuting attorney, thirty thousand three hundred dollars));

(2) In each county with a population of from two hundred ten thousand to less than one million: Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand six hundred dollars; treasurer, seventeen thousand six hundred dollars; sheriff, nineteen thousand five hundred dollars; assessor, seventeen thousand six hundred dollars; ((prosecuting attorney, twenty-four thousand eight hundred dollars;)) members of the county legislative authority, nineteen thousand five hundred dollars; and coroner, seventeen thousand six hundred dollars;

(3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor, sixteen thousand dollars; ((prosecuting attorney, twenty-four thousand eight hundred dollars;)) members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, sixteen thousand dollars;

(4) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand: Auditor, fourteen thousand nine hundred dollars; clerk, fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine hundred dollars; assessor, fourteen thousand nine hundred dollars; sheriff, fourteen thousand nine hundred dollars; ((prosecuting attorney, twenty-three thousand seven hundred dollars;)) members of the county legislative authority, fourteen thousand nine hundred dollars; and coroner, fourteen thousand nine hundred dollars;

(5) In each county with a population of from forty thousand to less than seventy thousand: Auditor, thirteen thousand eight hundred dollars; clerk, thirteen thousand eight hundred dollars; treasurer, thirteen thousand eight hundred dollars; assessor, thirteen thousand eight hundred dollars; sheriff, thirteen thousand eight hundred dollars; ((prosecuting attorney, twenty-three thousand seven hundred dollars;)) members of the county legislative authority, thirteen thousand eight hundred dollars; and coroner, thirteen thousand eight hundred dollars;

(6) In each county with a population of from eighteen thousand to less than forty thousand: Auditor, twelve thousand one hundred dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars; sheriff, twelve thousand one hundred dollars; assessor, twelve thousand one hundred dollars; ((prosecuting attorney in such a county in which there is no state university or college, fourteen thousand three hundred dollars; in such a county in which there is a state university or college, sixteen thousand five hundred dollars;)) and members of the county legislative authority, eleven thousand dollars;

(7) In each county with a population of from twelve thousand to less than eighteen thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; ((prosecuting attorney, thirteen thousand two hundred dollars;)) and members of the county legislative authority, nine thousand four hundred dollars;

                                                                                                                            (8) In each county with a population of from eight thousand to less than twelve thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; ((prosecuting attorney, nine thousand nine hundred dollars;)) and members of the county legislative authority, seven thousand dollars;

                                                                                                                            (9) In each county with a population of from five thousand to less than eight thousand: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; assessor, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; ((prosecuting attorney, nine thousand nine hundred dollars;)) and members of the county legislative authority, six thousand five hundred dollars;

                                                                                                                            (10) In each other county: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; assessor, nine thousand one hundred dollars; ((prosecuting attorney, nine thousand nine hundred dollars;)) and members of the county legislative authority, six thousand five hundred dollars;

                                                                                                                            (11) The state of Washington shall contribute an amount equal to one-half the salary of a superior court judge towards the salary of the elected prosecuting attorney. Upon receipt of the state contribution, a county shall continue to contribute towards the salary of the elected prosecuting attorney in an amount that equals or exceeds that contributed by the county in 2008.


                                                                                                                            NEW SECTION. Sec. 3. This act takes effect July 1, 2008.


                                                                                                                            NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."


                                                                                                                            Correct the title.

 

Signed by Representatives Sommers, Chair; Dunshee, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Haler, Assistant Ranking Minority Member; Anderson; Chandler; Cody; Conway; Darneille; Ericks; Fromhold; Grant; Green; Haigh; Hinkle; Hunt; Hunter; Kagi; Kenney; Kessler; Kretz; Linville; McIntire; Morrell; Pettigrew; Priest; Ross; Schmick; Schual-Berke; Seaquist; Sullivan and Walsh.

 

Passed to Committee on Rules for second reading.


February 28, 2008

SSB 6306                                                                                                             Prime Sponsor, Senate Committee on Human Services & Corrections: Providing an additional procedure for visitation rights for relatives of dependent children. Reported by Committee on Early Learning & Children's Services

 

MAJORITY recommendation: Do pass. Signed by Representatives Kagi, Chair; Roberts, Vice Chair; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Goodman; Hinkle and Pettigrew.

 

Passed to Committee on Rules for second reading.


February 27, 2008

SSB 6307Prime Sponsor, Senate Committee on Water, Energy & Telecommunications: Regarding marine managed areas. Reported by Committee on Ecology & Parks

 

MAJORITY recommendation: Do pass as amended.


Strike everything after the enacting clause and insert the following:


"NEW SECTION. Sec. 1. (1) The legislature finds that many state agencies and local governments administer marine protected areas, preserves, conservation areas, and other similar geographically based area designations that are a valuable means to protect and enhance Puget Sound's marine resources. The legislature further finds that climate change impacts and increased population and development in the Puget Sound basin will place further stresses upon sustaining the biological diversity and ecosystem health of Puget Sound.

(2) It is the intent of the legislature that state and local actions intended to protect, conserve, and manage marine life and resources be conducted in a coordinated manner, use the best available science, consider the projected impacts on Puget Sound's marine areas from climate change, and contribute to the recovery of the Puget Sound's environmental health by 2020.

(3) It is the purpose of this act to:

(a) Create a strategic network of marine managed areas that contribute to conserving the biological diversity and ecosystem health of Puget Sound and that maximizes the effectiveness of the role of marine managed areas in achieving the recovery of Puget Sound's health by 2020;

(b) Strengthen the coordination of marine managed areas among multiple state agencies and local governments and align these efforts with the work of the Puget Sound partnership to recover the Puget Sound's health by 2020;

(c) Provide for management and designation of marine managed areas programs on an ecosystem basis and incorporate the best available scientific information into these programs;

 (d) Adopt a plan that builds a comprehensive system of marine managed areas, adopts goals and benchmarks for maintaining the diversity of marine life and resources in Puget Sound, and is based upon anticipated threats and stressors such as climate change impacts;

(e) Recognize the interrelationship of the marine ecosystem throughout the Pacific Northwest, and the multiple entities, including local, state, provincial, and federal governments, as well as tribal governments and first nations, that are involved in managing marine managed areas; and

(f) Adopt codified criteria and procedures applicable to the aquatic reserve program on state-owned aquatic lands.


Sec. 2. RCW 90.71.010 and 2007 c 341 s 2 are each amended to read as follows:


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

                                                                                                                            (1) "Action agenda" means the comprehensive schedule of projects, programs, and other activities designed to achieve a healthy Puget Sound ecosystem that is authorized and further described in RCW 90.71.300 and 90.71.310.

                                                                                                                            (2) "Action area" means the geographic areas delineated as provided in RCW 90.71.260.

                                                                                                                            (3) "Benchmarks" means measurable interim milestones or achievements established to demonstrate progress towards a goal, objective, or outcome.

                                                                                                                            (4) "Board" means the ecosystem coordination board.

                                                                                                                            (5) "Council" means the leadership council.

                                                                                                                            (6) "Environmental indicator" means a physical, biological, or chemical measurement, statistic, or value that provides a proximate gauge, or evidence of, the state or condition of Puget Sound.

                                                                                                                            (7) "Implementation strategies" means the strategies incorporated on a biennial basis in the action agenda developed under RCW 90.71.310.

                                                                                                                            (8) "Marine managed area" means a named, discrete geographic marine or estuarine area designated by statute, ordinance, resolution, or administrative action, whose designation is intended to protect, conserve, or otherwise manage the marine life and resources within the area.

                                                                                                                             (9) "Nearshore" means the area beginning at the crest of coastal bluffs and extending seaward through the marine photics zone, and to the head of tide in coastal rivers and streams. "Nearshore" also means both shoreline and estuaries.

                                                                                                                            (((9))) (10) "Panel" means the Puget Sound science panel.

                                                                                                                            (((10))) (11) "Partnership" means the Puget Sound partnership.

                                                                                                                            (((11))) (12) "Plan" means the Puget Sound marine managed areas plan developed under section 3 of this act.

                                                                                                                            (13) "Puget Sound" means Puget Sound and related inland marine waters, including all salt waters of the state of Washington inside the international boundary line between Washington and British Columbia, and lying east of the junction of the Pacific Ocean and the Strait of Juan de Fuca, and the rivers and streams draining to Puget Sound as mapped by water resource inventory areas 1 through 19 in WAC 173-500-040 as it exists on July 1, 2007.

                                                                                                                            (((12))) (14) "Puget Sound partner" means an entity that has been recognized by the partnership, as provided in RCW 90.71.340, as having consistently achieved outstanding progress in implementing the 2020 action agenda.

                                                                                                                            (((13))) (15) "Watershed groups" means all groups sponsoring or administering watershed programs, including but not limited to local governments, private sector entities, watershed planning units, watershed councils, shellfish protection areas, regional fishery enhancement groups, marine ((resource[s])) resources committees including those working with the Northwest straits commission, nearshore groups, and watershed lead entities.

                                                                                                                            (((14))) (16) "Watershed programs" means and includes all watershed-level plans, programs, projects, and activities that relate to or may contribute to the protection or restoration of Puget Sound waters. Such programs include jurisdiction-wide programs regardless of whether more than one watershed is addressed.


                                                                                                                            NEW SECTION. Sec. 3. A new section is added to chapter 90.71 RCW to read as follows:

                                                                                                                            (1) The partnership shall prepare a Puget Sound marine managed areas plan to coordinate and strengthen all of the marine managed areas programs managed by state agencies and local governments.

 (2) The chair of the council shall designate a work group to prepare the plan. The work group shall include one or more members of the Puget Sound science panel, one of whom must chair the work group. The work group must include, but not be limited to, state agencies and local governments with regulatory jurisdiction over or that manage marine managed areas including, but not limited to, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and the department of ecology. The work group shall also include the state biodiversity council, created by executive order 04-02, or the biodiversity council's successor entity. The chair of the council shall also invite representatives of tribal governments, federal agencies, cities, counties, and nongovernmental organizations that have designated or have significant interests in the management of Puget Sound marine managed areas. The chair of the council may also invite representatives from other states and provinces and first nation and tribal governments with interests in marine managed areas in the Pacific Northwest to participate on the work group as observers.

(3) The plan must include, but not be limited to:

(a) Guidelines for identifying key species of concern, threats to these species, and threshold levels of protected habitat needed to recover these species and Puget Sound as a whole to health by 2020;

(b) Guidelines for incorporating the best available scientific information when designating and managing marine managed areas;

(c) Guidelines for managing areas on an ecosystem basis and for coordinating multiple programs and areas within the same biogeographical regions to achieve ecosystem-based management;

(d) Benchmarks to measure progress toward the recovery of species and protected habitat;

(e) Recommendations for adequate levels of funding for the designation, long-term management, and monitoring of the marine managed areas in the network;

(f) Strategies to address the projected impacts to marine managed areas from population growth, existing and proposed upland and aquatic lands development, and storm water discharges to Puget Sound;

(g) Strategies to prepare for and manage the impacts of climate change, including impacts due to sea level changes, salinity changes, water temperature, increased acidification, and changes in frequency and intensity of precipitation events affecting storm water discharges to marine waters;

(h) An adaptive management component in which new information on the progress of implementing management goals for the individual marine managed areas and overall goals for all such areas, the contribution these areas are making toward the goals of recovering the health of Puget Sound by 2020, and climate change impacts may be considered and integrated into the designation and management of marine managed areas; and

(i) Methodologies for synthesizing monitoring results with programmatic goals to inform decision making on subsequent designation and marine managed areas strategies and any necessary changes in implementation strategies to increase the effectiveness of the marine managed areas program in achieving the goal of recovering the Puget Sound's health by 2020.

(4) The plan must also include comprehensive objectives for coordinating existing marine managed areas and designating additional areas to achieve a network of marine managed areas contributing to long-term conservation of important biota and marine ecosystems and recovery of Puget Sound by 2020. In developing the objectives the work group shall rely primarily upon existing plans and objectives relating to conservation of marine life in Puget Sound, and the program plans prepared by state agencies and local governments administering marine managed areas programs. The plan must also consider activities and uses within or adjacent to marine managed areas that are allowed under existing leases of state-owned aquatic lands issued under chapter 79.105 RCW.

                                                                                                                            (5) The plan must be completed by July 1, 2010, and submitted to the council for its review and approval. The plan must be incorporated into the Puget Sound action agenda adopted under RCW 90.71.310. The council shall provide for public review and comment on the plan in a manner comparable to the other provisions of the Puget Sound action agenda. The council may, with the assistance of the work group, amend the plan from time to time using public review and comment procedures comparable to those that apply when other elements of the Puget Sound action agenda are revised.


                                                                                                                            Sec. 4. RCW 79.105.210 and 2005 c 155 s 143 are each amended to read as follows:

                                                                                                                            (1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in state-owned aquatic land planning and in resolving conflicts between competing lease applications. In cases of conflict between water-dependent uses, priority shall be given to uses which enhance renewable resources, water-borne commerce, and the navigational and biological capacity of the waters, and to statewide interests as distinguished from local interests.

                                                                                                                            (2) Nonwater-dependent use of state-owned aquatic lands is a low-priority use providing minimal public benefits and shall not be permitted to expand or be established in new areas except in exceptional circumstances where it is compatible with water-dependent uses occurring in or planned for the area.

                                                                                                                            (3) The department shall consider the natural values of state-owned aquatic lands as wildlife habitat, natural area preserve, representative ecosystem, or spawning area prior to issuing any initial lease or authorizing any change in use. The department may withhold from leasing lands which it finds to have significant natural values, or may provide within any lease for the protection of such values. When withdrawing lands from leasing for the purposes of managing an aquatic reserve, the department shall be guided by the procedures and criteria of section 5 of this act.

                                                                                                                            (4) The power to lease state-owned aquatic lands is vested in the department, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.105 through 79.140 RCW.

                                                                                                                            (5) State-owned aquatic lands shall not be leased to persons or organizations which discriminate on the basis of race, color, creed, religion, sex, age, or physical or mental handicap.


                                                                                                                            NEW SECTION. Sec. 5. A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:

                                                                                                                            (1) The aquatic reserve system is established. The aquatic reserve system is comprised of those areas of state-owned aquatic lands designated by the department prior to the effective date of this section and any areas added to the system by order of the commissioner thereafter.

                                                                                                                            (2) State-owned aquatic lands that have one or more of the following characteristics may be included by order of the commissioner in the system as an aquatic reserve:

                                                                                                                            (a) The lands have been identified as having high priority for conservation, natural systems, wildlife, or low-impact public use values;

(b) The lands have flora, fauna, geological, recreational, archaeological, cultural, scenic, or similar features of critical importance and have retained to some degree or reestablished its natural character;

(c) The lands provide significant examples of native ecological communities;

(d) The lands have significant sites or features threatened with conversion to incompatible uses; and

(e) The lands have been identified by the Puget Sound science panel created in RCW 90.71.270 as critical to achieving recovery of Puget Sound by 2020.

(3)(a) The commissioner shall adopt procedures for submission of reserve nominations and for public participation in the review of proposed reserves.

(b) If, consistent with the best available scientific information, a reserve no longer meets the goals and objectives for which it was designated, and adaptive management has not been successful to meet the goals and objectives, the commissioner may by order modify the reserve boundaries or remove the area from reserve status. The commissioner shall provide public participation procedures for the proposals.

(4) In the designation and management of reserves within Puget Sound, as geographically defined in RCW 90.71.010, the commissioner shall be guided by the marine managed areas plan adopted under section 3 of this act. Within twenty-four months of the adoption of the marine managed areas plan under section 3 of this act, the department shall complete a review of existing management plans and pending reserve nominations for consistency with the guidelines and recommendations in the marine managed areas plan. The commissioner shall accord substantial weight to any recommendations provided by the Puget Sound partnership regarding the designation and management of reserves within Puget Sound.

(5) Where the commissioner determines that management of the taking of fish, shellfish, or wildlife within or adjacent to the reserve would enhance the objectives for which the reserve has been created, the commissioner shall request that the fish and wildlife commission act pursuant to section 6 of this act to adopt supporting rules.

(6) The aquatic reserve system must be coordinated with other marine managed areas and related regulatory programs. The department shall cooperate with other state agencies and local governments to manage state-owned aquatic lands consistently with the management of uses and activities in the same geographic areas by state parks, the department of fish and wildlife, the department of ecology, and other state agencies. The department shall also provide recommendations to local governments in updating their shoreline master programs and in sponsoring local marine park reserves or voluntary stewardship areas to seek consistent planning and management activities in areas adjacent to designated reserves.

(7) State agencies with authority over construction activities or water discharges in state waters or that otherwise implement programs that affect a designated reserve shall give special consideration to increasing protection and reducing and preventing pollution of these areas, consistent with the management objectives of the reserve.


NEW SECTION. Sec. 6. A new section is added to chapter 77.12 RCW to read as follows:

(1) The commission may adopt rules governing the taking of fish, shellfish, or wildlife within or adjacent to a designated aquatic reserve, or other marine managed areas. The commission shall give consideration within sixty days to any rule changes requested by the commissioner of public lands to support the purposes of an aquatic reserve designated by the department of natural resources under section 5 of this act.

                                                                                                                            (2) This section is in addition to and does not limit the commission's authority to establish rules governing the taking of fish, shellfish, or wildlife under any other authority.


                                                                                                                            NEW SECTION. Sec. 7. The Puget Sound partnership shall provide the plan required by section 3 of this act to the appropriate committees of the legislature by December 1, 2010, together with its recommendations for further policy legislation and budget recommendations to enhance Puget Sound marine managed areas programs.


                                                                                                                            Sec. 8. RCW 90.71.300 and 2007 c 341 s 12 are each amended to read as follows:

                                                                                                                            (1) The action agenda shall consist of the goals and objectives in this section, implementation strategies to meet measurable outcomes, benchmarks, ((and)) identification of responsible entities, and the marine managed areas plan adopted under section 3 of this act. By 2020, the action agenda shall strive to achieve the following goals:

                                                                                                                            (a) A healthy human population supported by a healthy Puget Sound that is not threatened by changes in the ecosystem;

                                                                                                                            (b) A quality of human life that is sustained by a functioning Puget Sound ecosystem;

                                                                                                                            (c) Healthy and sustaining populations of native species in Puget Sound, including a robust food web;

                                                                                                                            (d) A healthy Puget Sound where freshwater, estuary, nearshore, marine, and upland habitats are protected, restored, and sustained;

                                                                                                                            (e) An ecosystem that is supported by ground water levels as well as river and stream flow levels sufficient to sustain people, fish, and wildlife, and the natural functions of the environment;

                                                                                                                            (f) Fresh and marine waters and sediments of a sufficient quality so that the waters in the region are safe for drinking, swimming, shellfish harvest and consumption, and other human uses and enjoyment, and are not harmful to the native marine mammals, fish, birds, and shellfish of the region.

                                                                                                                            (2) The action agenda shall be developed and implemented to achieve the following objectives:

                                                                                                                            (a) Protect existing habitat and prevent further losses;

                                                                                                                            (b) Restore habitat functions and values;

                                                                                                                            (c) Significantly reduce toxics entering Puget Sound fresh and marine waters;

                                                                                                                            (d) Significantly reduce nutrients and pathogens entering Puget Sound fresh and marine waters;

                                                                                                                             (e) Improve water quality and habitat by managing storm water runoff;

                                                                                                                            (f) Provide water for people, fish and wildlife, and the environment;

                                                                                                                            (g) Protect ecosystem biodiversity and recover imperiled species; and

                                                                                                                            (h) Build and sustain the capacity for action.


                                                                                                                            Sec. 9. RCW 36.125.030 and 2007 c 344 s 4 are each amended to read as follows:

                                                                                                                            (1) The Puget Sound ((action team, or its successor organization,)) partnership shall serve as the regional coordinating entity for marine resources committees created in the southern Puget Sound and the department of fish and wildlife shall serve as the regional coordinating entity for marine resources committees created for the outer coast.

(2) The regional coordinating entity shall serve as a resource to, at a minimum:

(a) Coordinate and pool grant applications and other funding requests for marine resources committees;

(b) Coordinate communications and information among marine resources committees;

(c) Assist marine resources committees to measure themselves against regional performance benchmarks;

(d) Assist marine resources committees with coordinating local projects to complement regional priorities;

(e) Assist marine resources committees to interact with and complement other marine resources committees, and other similar groups, constituted under a different authority; and

(f) Coordinate with the Northwest Straits commission on issues common to marine resources committees statewide."


Correct the title.

 

Signed by Representatives Upthegrove, Chair; Rolfes, Vice Chair; Dickerson; Eickmeyer and O'Brien.

 

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


Referred to Committee on Appropriations Subcommittee on General Government & Audit Review.


February 28, 2008

ESSB 6308Prime Sponsor, Senate Committee on Water, Energy & Telecommunications: Preparing for and adapting to climate change. Reported by Committee on Ecology & Parks

 

MAJORITY recommendation: Do pass as amended.


Strike everything after the enacting clause and insert the following:


"NEW SECTION. Sec. 1. (1) While significant efforts to reduce the rate of climate change are underway in the state and throughout the nation, significant adverse impacts are likely inevitable over the course of the twenty-first century. Therefore it is in the public interest for Washington state to be actively working to both mitigate the effects of climate change as well as to prepare for the impacts that cannot be avoided. While the legislature in chapter 307, Laws of 2007, has adopted goals for reducing emissions of climate change gases, and work is underway to establish a comprehensive program to achieve these goals, there is not yet a comprehensive program to coordinate the research and information being compiled on localized impacts of climate change, and to assist local and state entities and the public generally in preparing for and adapting to such impacts.

(2) It is the purpose of this chapter to authorize a study that will recommend the elements of such a comprehensive program of climate change research, preparation, and adaptation.


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 ecology.


                                                                                                                            (2) "Institute" means the joint institute for the study of the atmosphere and ocean, within the University of Washington.

                                                                                                                            (3) "Work groups" means preparation and adaptation working groups created under executive order 07-02 and other participants who may be added under section 4 of this act. All members of work groups must live in the state of Washington.


                                                                                                                            NEW SECTION. Sec. 3. (1) Not later than November 1, 2008, the department shall prepare a report and deliver it to the governor and the climate-related policy and fiscal committees of the senate and house of representatives. The report must contain the department's recommendations for the creation of a comprehensive climate change research, preparation, and adaptation program.

                                                                                                                            (2) The department shall develop the report required in subsection (1) of this section using the work groups efforts on public health, agriculture, the coast line, forestry, and infrastructure as a foundation, and include recommendations for specific steps to prepare for impacts to water resources and management, flood response, protection of ecosystems, and biodiversity, including the protection of threatened or endangered species and species of economic importance to the state.

                                                                                                                            (3) The report must include recommendations for at least the following:

                                                                                                                            (a) Criteria to establish state-funded research priorities;

                                                                                                                            (b) Methods to ensure data and information systems will be most effective for and accessible to relevant planning jurisdictions and the public generally;

                                                                                                                            (c) Delivering technical and financial assistance to and integrating data and analyses into state and local programs and planning;

                                                                                                                            (d) Funding that may be needed by local, regional, state, and other planning jurisdictions to incorporate climate change into their planning processes, including requirements for such integration when receiving state funding;

                                                                                                                            (e) The range of time horizons and geographic scales to be addressed in climate impact research and analysis;

                                                                                                                            (f) Phasing in implementation of the program in the 2009-2011 biennium, including funding and legislation necessary to implement each component of this initial phase; and

                                                                                                                            (g) Any specific projects or pilot projects that the work groups and the institute have identified to ensure the state is adequately prepared for the impacts of climate change and the necessary funding for those projects or pilot projects.

                                                                                                                            (4) In developing the report required under subsection (1) of this section, the department shall, in consultation with the institute, use the comprehensive state climate change assessment prepared under section 404, chapter 348, Laws of 2007, and the reports prepared by the work groups. The department shall make both reports and the report required under subsection (1) of this section available to the public and ensure they are available on the department's web site or otherwise widely disseminated.


                                                                                                                            NEW SECTION. Sec. 4. In preparing the report required under section 3 of this act, the department shall consider if other private, public, or tribal interests who may be impacted by the recommendations of the report or by the specific impacts of climate change being considered by the work groups are represented and shall invite those interests to participate. The department shall include in its report a list of interests represented in the work groups and which interests were invited but did not participate. In order to allow for broad participation by all areas of the state, the department shall hold as many meetings as possible by teleconference, video conference, or other means that do not require travel. In the event that meetings are held so that interested parties may attend in person, the meetings shall alternate between eastern and western Washington.


NEW SECTION. Sec. 5. (1) The office of Washington state climatologist is created within the University of Washington.

(2) The office of Washington state climatologist consists of the director of the office, who is the state climatologist, and appropriate staff and administrative support as necessary to carry out the powers and duties of the office as enumerated in this section.

(3) The director of the office must be appointed by the president of the University of Washington.

(4) The office of Washington state climatologist has the following powers and duties:

(a) To serve as a credible and expert source of climate and weather information for state and local decision makers and agencies working on drought, flooding, climate change, and other related issues;

(b) To gather and disseminate, and where practicable archive, in the most cost-effective manner possible, all climate and weather information that is or could be of value to policy and decision makers in the state;

 (c) To act as the representative of the state in all climatological and meteorological matters, both within and outside of the state, when requested by the legislative or executive branches of the state government;

(d) To prepare, publish, and disseminate climate summaries for those individuals, agencies, and organizations whose activities are related to the welfare of the state and are affected by climate and weather;

(e) To supply critical information for drought preparedness and emergency response as needed to implement the state's drought contingency response plan maintained by the department under RCW 43.83B.410, and to serve as a member of the state's drought water supply and emergency response committees as may be formed in response to a drought event;

(f) To conduct and report on studies of climate and weather phenomena of significant socioeconomic importance to the state; and

(g) To evaluate the significance of natural and man-made changes in important features of the climate affecting the state, and to report this information to those agencies and organizations in the state who are likely to be affected by these changes. Natural changes include, but are not limited to, estimated annual amounts of greenhouse gases emitted during in-state volcanic and forest fire events.


NEW SECTION. Sec. 6. (1) Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW.

(2) If chapter --- (Engrossed Second Substitute House Bill No. 2815), Laws of 2008 becomes law and is codified as a new chapter in Title 70 RCW, sections 1 through 5 of this act shall be codified in the same new chapter in Title 70 RCW."


Correct the title.

 

Signed by Representatives Upthegrove, Chair; Rolfes, Vice Chair; Dickerson; Dunshee and O'Brien.

 

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



                                                                                                               Referred to Committee on Appropriations.


February 28, 2008

SB 6313                                                                                                                Prime Sponsor, Senator McAuliffe: Recognizing disability history in the public education system. Reported by Committee on Appropriations Subcommittee on Education

 

MAJORITY recommendation: Do pass as amended.


                                                                                                                            Strike everything after the enacting clause and insert the following:


                                                                                                                            "NEW SECTION. Sec. 1. (1) While significant efforts to reduce the rate of climate change are underway in the state and throughout the nation, significant adverse impacts are likely inevitable over the course of the twenty-first century. Therefore it is in the public interest for Washington state to be actively working to both mitigate the effects of climate change as well as to prepare for the impacts that cannot be avoided. While the legislature in chapter 307, Laws of 2007, has adopted goals for reducing emissions of climate change gases, and work is underway to establish a comprehensive program to achieve these goals, there is not yet a comprehensive program to coordinate the research and information being compiled on localized impacts of climate change, and to assist local and state entities and the public generally in preparing for and adapting to such impacts.

                                                                                                                            (2) It is the purpose of this chapter to authorize a study that will recommend the elements of such a comprehensive program of climate change research, preparation, and adaptation.


                                                                                                                            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 ecology.

                                                                                                                            (2) "Institute" means the joint institute for the study of the atmosphere and ocean, within the University of Washington.

                                                                                                                            (3) "Work groups" means preparation and adaptation working groups created under executive order 07-02 and other participants who may be added under section 4 of this act. All members of work groups must live in the state of Washington.


                                                                                                                            NEW SECTION. Sec. 3. (1) Not later than November 1, 2008, the department shall prepare a report and deliver it to the governor and the climate-related policy and fiscal committees of the senate and house of representatives. The report must contain the department's recommendations for the creation of a comprehensive climate change research, preparation, and adaptation program.

                                                                                                                            (2) The department shall develop the report required in subsection (1) of this section using the work groups efforts on public health, agriculture, the coast line, forestry, and infrastructure as a foundation, and include recommendations for specific steps to prepare for impacts to water resources and management, flood response, protection of ecosystems, and biodiversity, including the protection of threatened or endangered species and species of economic importance to the state.

                                                                                                                            (3) The report must include recommendations for at least the following:

                                                                                                                            (a) Criteria to establish state-funded research priorities;

                                                                                                                            (b) Methods to ensure data and information systems will be most effective for and accessible to relevant planning jurisdictions and the public generally;

(c) Delivering technical and financial assistance to and integrating data and analyses into state and local programs and planning;

(d) Funding that may be needed by local, regional, state, and other planning jurisdictions to incorporate climate change into their planning processes, including requirements for such integration when receiving state funding;

(e) The range of time horizons and geographic scales to be addressed in climate impact research and analysis;

(f) Phasing in implementation of the program in the 2009-2011 biennium, including funding and legislation necessary to implement each component of this initial phase; and

(g) Any specific projects or pilot projects that the work groups and the institute have identified to ensure the state is adequately prepared for the impacts of climate change and the necessary funding for those projects or pilot projects.

(4) In developing the report required under subsection (1) of this section, the department shall, in consultation with the institute, use the comprehensive state climate change assessment prepared under section 404, chapter 348, Laws of 2007, and the reports prepared by the work groups. The department shall make both reports and the report required under subsection (1) of this section available to the public and ensure they are available on the department's web site or otherwise widely disseminated.


NEW SECTION. Sec. 4. In preparing the report required under section 3 of this act, the department shall consider if other private, public, or tribal interests who may be impacted by the recommendations of the report or by the specific impacts of climate change being considered by the work groups are represented and shall invite those interests to participate. The department shall include in its report a list of interests represented in the work groups and which interests were invited but did not participate. In order to allow for broad participation by all areas of the state, the department shall hold as many meetings as possible by teleconference, video conference, or other means that do not require travel. In the event that meetings are held so that interested parties may attend in person, the meetings shall alternate between eastern and western Washington.


NEW SECTION. Sec. 5. (1) The office of Washington state climatologist is created within the University of Washington.

(2) The office of Washington state climatologist consists of the director of the office, who is the state climatologist, and appropriate staff and administrative support as necessary to carry out the powers and duties of the office as enumerated in this section.

(3) The director of the office must be appointed by the president of the University of Washington.

(4) The office of Washington state climatologist has the following powers and duties:

(a) To serve as a credible and expert source of climate and weather information for state and local decision makers and agencies working on drought, flooding, climate change, and other related issues;

(b) To gather and disseminate, and where practicable archive, in the most cost-effective manner possible, all climate and weather information that is or could be of value to policy and decision makers in the state;

 (c) To act as the representative of the state in all climatological and meteorological matters, both within and outside of the state, when requested by the legislative or executive branches of the state government;


                                                                                                                            (d) To prepare, publish, and disseminate climate summaries for those individuals, agencies, and organizations whose activities are related to the welfare of the state and are affected by climate and weather;

                                                                                                                            (e) To supply critical information for drought preparedness and emergency response as needed to implement the state's drought contingency response plan maintained by the department under RCW 43.83B.410, and to serve as a member of the state's drought water supply and emergency response committees as may be formed in response to a drought event;

                                                                                                                            (f) To conduct and report on studies of climate and weather phenomena of significant socioeconomic importance to the state; and

                                                                                                                            (g) To evaluate the significance of natural and man-made changes in important features of the climate affecting the state, and to report this information to those agencies and organizations in the state who are likely to be affected by these changes. Natural changes include, but are not limited to, estimated annual amounts of greenhouse gases emitted during in-state volcanic and forest fire events.


                                                                                                                            NEW SECTION. Sec. 6. (1) Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW.

                                                                                                                            (2) If chapter --- (Engrossed Second Substitute House Bill No. 2815), Laws of 2008 becomes law and is codified as a new chapter in Title 70 RCW, sections 1 through 5 of this act shall be codified in the same new chapter in Title 70 RCW."


                                                                                                                            Correct the title.

 

Signed by Representatives Haigh, Chair; Sullivan, Vice Chair; Priest, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Barlow; Crouse; Fromhold; Haler; Herrera; Hunter; Jarrett; Kagi; Kenney; Ormsby; Quall; Seaquist; Springer and Wallace.

 

Passed to Committee on Rules for second reading.


February 27, 2008

SSB 6337                                                                                                             Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Regarding the state's management of the Puget Sound commercial salmon fishery. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Eickmeyer; Grant; Lantz; Loomis; McCoy; Nelson and Newhouse.

 

MINORITY recommendation: Do not pass. Signed by Representatives Van De Wege, Vice Chair; and Orcutt.


                                                                                                               Passed to Committee on Rules for second reading.


February 27, 2008

SSB 6343                                                                                                             Prime Sponsor, Senate Committee on Natural Resources, Ocean & Recreation: Creating a pilot program to examine the impacts of small scale mineral prospecting on coastal areas. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Van De Wege, Vice Chair; Kretz, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Eickmeyer; Grant; Lantz; Loomis; McCoy; Nelson; Newhouse and Orcutt.

 

Passed to Committee on Rules for second reading.


February 26, 2008

SSB 6367Prime Sponsor, Senate Committee on Human Services & Corrections: Changing provisions relating to child protective services investigations. Reported by Committee on Early Learning & Children's Services

 

MAJORITY recommendation: Do pass as amended.


On page 5, line 27, after "(12)" strike "(a)"


On page 5, line 29, after "law." insert "In all cases in which the department is investigating or responding to allegations of child sexual abuse, the department shall conduct background checks as authorized in state and federal law."


On page 5, beginning on line 30, strike all material through "offender." on line 34


On page 11, line 22, after "(13)" strike "(a)"


On page 5, line 24, after "law." insert "In all cases in which the department is investigating or responding to allegations of child sexual abuse, the department shall conduct background checks as authorized in state and federal law."


On page 11, beginning on line 25, strike all material through "offender." on line 28


On page 12, beginning on line 7, strike all of section 3


Renumber the remaining sections consecutively and correct the title.

 

Signed by Representatives Kagi, Chair; Roberts, Vice Chair; Haler, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Goodman; Hinkle and Pettigrew.

 

Passed to Committee on Rules for second reading.


February 27, 2008

ESSB 6371Prime Sponsor, Senate Committee on Higher Education: Regarding tuition and fee waivers for veterans' families. Reported by Committee on Higher Education

 


MAJORITY recommendation: Do pass as amended.


                                                                                                                            On page 2, beginning on line 10, after "section" strike "and the limitations in RCW 28B.15.910"


                                                                                                                            On page 4, after line 2, insert the following:

                                                                                                                            "(10) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges shall report to the higher education committees of the legislature by November 15, 2010, and every two years thereafter, regarding the status of implementation of the waivers under subsection (4) of this section. The reports shall include the following data and information:

                                                                                                                            (a) Total number of waivers;

                                                                                                                            (b) Total amount of tuition waived;

                                                                                                                            (c) Total amount of fees waived;

                                                                                                                            (d) Average amount of tuition and fees waived per recipient;

                                                                                                                            (e) Recipient demographic data that is disaggregated by distinct ethnic categories within racial subgroups; and

                                                                                                                            (f) Recipient income level, to the extent possible."


                                                                                                                            On page 4, beginning on line 10, strike all of section 3


                                                                                                                            Correct the title.

 

Signed by Representatives Wallace, Chair; Sells, Vice Chair; Anderson, Ranking Minority Member; Hankins; Hasegawa; McIntire; Roberts; Schmick and Sommers.

 

Passed to Committee on Rules for second reading.


February 28, 2008

2SSB 6377                                                                                                           Prime Sponsor, Senate Committee on Ways & Means: Regarding secondary career and technical education. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


                                                                                                                            Strike everything after the enacting clause and insert the following:


                                                                                                                            "NEW SECTION. Sec. 1. (1) The legislature finds that many secondary career and technical education programs have made progress in retooling for the twenty-first century by aligning with state and nationally certified programs that meet industry standards and by increasing the rigor of academic content in core skills such as reading, writing, mathematics, and science.

                                                                                                                            (2) However, the legislature also finds that increased expectations for students to meet the state's academic learning standards require students to take remedial courses. The state board of education is considering increasing credit requirements for high school graduation. Together these policies could restrict students from pursuing high quality career and technical education programs because students would not have adequate time in their schedules to enroll in a progressive sequence of career and technical courses.

                                                                                                                            (3) The legislature further finds that teachers, counselors, students, and parents are not well-informed about the opportunities presented by high quality career and technical education. Secondary career and technical education is not a stopping point but a beginning point for further education, including through a bachelor's degree. Secondary preapprenticeships and courses aligned to industry standards can lead directly to workforce entry as well as to additional education. Career and technical education is a proven strategy to engage and motivate students, including students at risk of dropping out of school entirely.

(4) Finally, the legislature finds that state policies have been piecemeal in support of career and technical education. Laws exist to require state approval of career and technical programs, but could be strengthened by requiring alignment with industry standards and focusing on high-demand fields. Tech prep consortia have developed articulation agreements for dual credit and smooth transitions between high schools and colleges, but agreements remain highly decentralized between individual faculty and individual schools. Laws require school districts to create equivalences between academic and career and technical courses, but more support and professional development is needed to expand these opportunities.

(5) Therefore it is the legislature's intent to identify the gaps in current laws and policies regarding secondary career and technical education and fill those gaps in a comprehensive fashion to create a coherent whole. This act seeks to increase the quality and rigor of secondary career and technical education, improve links to postsecondary education, encourage and facilitate academic instruction through career and technical courses, and expand access to and awareness of the opportunities offered by high quality career and technical education.


PART I

QUALITY, RIGOR, AND LINKS

TO POSTSECONDARY EDUCATION


Sec. 101. RCW 28C.04.100 and 2001 c 336 s 2 are each amended to read as follows:

(1) To ensure high quality career and technical programs, the office of the superintendent of public instruction shall periodically review and approve the plans of local districts for the delivery of career and technical education. Standards for career and technical programs shall be established by the office of the superintendent of public instruction. ((These standards should:)) The office of the superintendent of public instruction shall develop a schedule for career and technical education plan reapproval under this section that includes an abbreviated review process for programs reapproved after 2005, but before the effective date of this section. All school district career and technical education programs must meet the requirements of this section by August 31, 2010.

(2) To receive approval, school district plans must:

(a) Demonstrate how career and technical education programs will ensure academic rigor; align with the state's education reform requirements; help address the skills gap of Washington's economy; and maintain strong relationships with local career and technical education advisory councils for the design and delivery of career and technical education; ((and))

(b) Demonstrate a strategy to align the five-year planning requirement under the federal Carl Perkins act with the state and district ((vocational)) career and technical program planning requirements that include:

(i) An assessment of equipment and technology needs to support the skills training of technical students;

(ii) An assessment of industry internships required for teachers to ensure the ability to prepare students for industry-defined standards or certifications, or both;


                                                                                                                            (iii) An assessment of the costs of supporting job shadows, mentors, community service and industry internships, and other activities for student learning in the community; ((and))

                                                                                                                            (iv) A description of the leadership activities to be provided for technical education students; and

                                                                                                                            (v) Annual local school board approval;

                                                                                                                            (c) Demonstrate that all preparatory career and technical education courses offered by the district meet the requirements of RCW 28C.04.110 (as recodified by this act);