FIFTY-SEVENTH DAY

 

MORNING SESSION

Senate Chamber, Olympia, Monday, March 10, 2008

 

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

      The Sergeant at Arms Color Guard consisting of Pages Brian Freshley and Zach Rasmussen, presented the Colors. Pastor Dennis Magnuson of the Redmond United Methodist Church offered the prayer.

 

MOTION

 

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

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6328, with the following amendment: 6328-S AMH ENGR H5879.E

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28B.10.569 and 1990 c 288 s 7 are each amended to read as follows:

      (1) Each institution of higher education with a commissioned police force shall report to the Washington association of sheriffs and police chiefs or its successor agency, on a monthly basis, crime statistics for the Washington state uniform crime report, in the format required by the Washington association of sheriffs and police chiefs, or its successor agency. Institutions of higher education which do not have commissioned police forces shall report crime statistics through appropriate local law enforcement agencies.

      (2) Each institution of higher education shall publish and distribute a report which shall be updated annually and which shall include the crime statistics as reported under subsection (1) of this section for the most recent three-year period. Upon request, the institution shall provide the report to every person who submits an application for admission to either a main or branch campus, and to each new employee at the time of employment. In its acknowledgment of receipt of the formal application for admission, the institution shall notify the applicant of the availability of such information. The information also shall be provided on an annual basis to all students and employees. Institutions with more than one campus shall provide the required information on a campus-by-campus basis.

      (3)(a) Within existing resources, each institution of higher education shall ((provide to every new student and new employee)) make available to all students, faculty, and staff, and upon request to other interested persons, ((information which follows the general categories for safety policies and procedures outlined in this section. Such categories shall, at a minimum, include)) a campus safety plan that includes, at a minimum, the following:

      (i) Data regarding:

      (A) Campus enrollments((,));

      (B) Campus nonstudent workforce profile((,)); and

      (C) The number ((and duties)) of campus security personnel((,));

      (ii) Policies, procedures, and programs related to:

      (A) Preventing and responding to violence and other campus emergencies;

      (B) Setting the weapons policy on campus;

      (C) Controlled substances as defined in RCW 64.44.010; and

      (D) Governing student privacy;

      (iii) Information about:

      (A) Sexual assault, domestic violence, and stalking, including contact information for campus and community victim advocates, information on where to view or receive campus policies on complaints, and the name and contact information of the individual or office to whom students and employees may direct complaints of sexual assault, stalking, or domestic violence; and

      (B) Sexual harassment, including contact information for campus and community victim advocates, information on where to view or receive campus policies on complaints, and the name and contact information of the individual or office to whom students and employees may direct complaints of sexual harassment;

      (iv) Descriptions of:

      (A) Mutual assistance arrangements with state and local police((, sexual assault and domestic violence and policies on controlled substances));

      (B) Methods and options that persons with disabilities or special needs have to access services and programs;

      (C) Escort and transportation services that provide for individual security;

      (D) Mental health and counseling services available to students, faculty, and staff;

      (E) Procedures for communicating with students, faculty, staff, the public, and the media, during and following natural and nonnatural emergencies.

      ((Information)) (b) The campus safety plan shall include, for the most recent academic year ((also shall include)):

      (i) A description of ((any)) programs and services offered by ((an institution's student affairs or services department, and by student government organizations regarding)) the institution and student-sponsored organizations that provide for crime prevention and counseling((, including a directory)). The description must include a listing of the available services ((and appropriate telephone numbers and physical locations of these services. In addition)), the service locations, and how the services may be contacted; and

      (ii) For institutions maintaining student housing facilities ((shall include)), information detailing security policies and programs for those facilities.

      (c)(i) Institutions with a main campus and one or more branch campuses shall provide the information on a campus-by-campus basis.

      ((In the case of)) (ii) Community and technical colleges((, colleges)) shall provide such information ((to)) for the main campuses only, and shall provide reasonable alternative information ((at)) for any off-campus centers and ((other)) affiliated college sites enrolling ((less)) fewer than one hundred students.

      (4)(a) Each institution shall enter into memoranda of understanding that set forth responsibilities for the various local jurisdictions in the event of a campus emergency.

      (b) Each institution shall enter into mutual aid agreements with local jurisdictions regarding the shared use of equipment and technology in the event of a campus emergency.

      (c) Memoranda of understanding and mutual aid agreements shall be updated and included in campus safety plans.

      (5)(a) Each institution shall establish a task force ((which shall annually)) that examines campus security and safety issues at least annually. ((The task force shall review the report published and distributed pursuant to this section in order to ensure the accuracy and effectiveness of the report, and make any suggestions for improvement. This)) Each task force shall include representation from the institution's administration, faculty, staff, recognized student organizations, and police or security organization.

      (b) Each task force shall review the campus safety plan published and distributed under this section for its respective institution, in order to ensure its accuracy and effectiveness and to make any suggestions for improvement.

      (6) The president of each institution shall designate a specific individual responsible for monitoring and coordinating the institution's compliance with this section and shall ensure that contact information for this individual is made available to all students, faculty, and staff.

      NEW SECTION. Sec. 2. A new section is added to chapter 28B.10 RCW to read as follows:

      (1) Each institution of higher education shall take the following actions:

      (a) By October 30, 2008, submit a self-study assessing its ability to facilitate the safety of students, faculty, staff, administration, and visitors on each campus, including an evaluation of the effectiveness of these measures, an assessment of the institution's ability to disseminate information in a timely and efficient manner to students, faculty, and staff, an evaluation of the institution's ability to provide an appropriate level of mental health services, and an action plan and timelines describing plans to maximize program effectiveness for the next two biennia. Four-year institutions shall submit their studies to the higher education coordinating board. Community and technical colleges shall submit their studies to the state board for community and technical colleges.

      (b) By October 30th of each even-numbered year, beginning in 2010, each institution shall submit an update to its plan, including an assessment of the results of activities undertaken under any previous plan to address unmet safety issues, and additional activities, or modifications of current activities, to be undertaken to address remaining safety issues at the institution.

      (2) The higher education coordinating board and the state board for community and technical colleges shall report biennially, beginning December 31, 2010, to the governor and the higher education committees of the house of representatives and the senate on:

      (a) The efforts of each institution and the extent to which it has complied with RCW 28B.10.569 and subsection (1)(b) of this section; and

      (b) Recommendations on measures to assist institutions to ensure and enhance campus safety.

      NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Shin moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6328.


      Senator Shin spoke in favor of the motion.

 

MOTION

 

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

 

MOTION

 

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

 

 

The President declared the question before the Senate to be the motion by Senator Shin that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6328.

The motion by Senator Shin carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6328 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6328, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6328, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.

      Voting yea: Senators Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McCaslin, Morton, Murray, Oemig, Parlette, Prentice, Pridemore, Regala, Roach, Rockefeller, Schoesler, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 41

      Absent: Senators Brown, Hargrove and Rasmussen - 3

      Excused: Senators Benton, McAuliffe, McDermott, Pflug and Sheldon - 5

SUBSTITUTE SENATE BILL NO. 6328, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 4, 2008

 

MR. PRESIDENT:

 

      The House has passed SENATE BILL NO. 6381, with the following amendment: 6381 AMH IFCP H5840.1

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 19.146 RCW to read as follows:

      (1) A mortgage broker has a fiduciary relationship with the borrower. For the purposes of this section, the fiduciary duty means that the mortgage broker has the following duties:

      (a) A mortgage broker must act in the borrower's best interest and in the utmost good faith toward the borrower, and shall disclose any and all interests to the borrower including, but not limited to, interests that may lie with the lender that are used to facilitate a borrower's request. A mortgage broker shall not accept, provide, or charge any undisclosed compensation or realize any undisclosed remuneration that inures to the benefit of the mortgage broker on an expenditure made for the borrower;

      (b) A mortgage broker must carry out all lawful instructions provided by the borrower;

      (c) A mortgage broker must disclose to the borrower all material facts of which the mortgage broker has knowledge that might reasonably affect the borrower's rights, interests, or ability to receive the borrower's intended benefit from the residential mortgage loan;

      (d) A mortgage broker must use reasonable care in performing duties; and

      (e) A mortgage broker must provide an accounting to the borrower for all money and property received from the borrower.

      (2) A mortgage broker may contract for or collect a fee for services rendered if the fee is disclosed to the borrower in advance of the provision of those services.

      (3) The fiduciary duty in this section does not require a mortgage broker to offer or obtain access to loan products and services other than those that are available to the mortgage broker at the time of the transaction.

      (4) The director must adopt rules to implement this section."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Weinstein moved that the Senate concur in the House amendment(s) to Senate Bill No. 6381.

      Senator Weinstein spoke in favor of the motion.

 

MOTION

 

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

 

The President declared the question before the Senate to be the motion by Senator Weinstein that the Senate concur in the House amendment(s) to Senate Bill No. 6381.

The motion by Senator Weinstein carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6381 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6381, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6381, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 9; Absent, 0; Excused, 5.

      Voting yea: Senators Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McCaslin, Morton, Murray, Oemig, Prentice, Pridemore, Regala, Rockefeller, Sheldon, Shin, Spanel, Swecker, Tom and Weinstein - 35

      Voting nay: Senators Benton, Hewitt, Holmquist, Honeyford, Parlette, Roach, Schoesler, Stevens and Zarelli - 9

      Excused: Senators Brown, McAuliffe, McDermott, Pflug and Rasmussen - 5

SENATE BILL NO. 6381, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PARLIAMENTARY INQUIRY

 

      Senator Benton: “Are we working out of both books, the book left over from Saturday and the book from this morning or does fifty-seventh day book replace all previous versions?”

 


REPLY BY THE PRESIDENT

 

      President Owen: “You have new books today and they’re working off the green and it is noted on the calendar.”

 

      Senator Benton: “That replaces all previous......”

 

      President Owen: “Yes, all previous books are replaced.”

 

      Senator Benton: “We’ve had some difficulty finding these bills this morning in these books so, thank you.”

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6297, with the following amendment: 6297-S AMH APP H5850.1

      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.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Prentice moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6297.

      Senator Prentice spoke in favor of the motion.

 

MOTION

 

      On motion of Senator Regala, Senator Weinstein was excused.

 

The President declared the question before the Senate to be the motion by Senator Prentice that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6297.

The motion by Senator Prentice carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6297 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6297, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6297, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brown, McAuliffe, McDermott, Pflug and Weinstein - 5

SUBSTITUTE SENATE BILL NO. 6297, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SENATE BILL NO. 6310, with the following amendment: 6310 AMH DICK MERE 026

      On page 1, beginning on line 1, strike all of section 1

      Renumber remaining sections consecutively and correct any internal references accordingly.

      On page 21, beginning on line 14, strike all of section 15 and insert the following:

      "NEW SECTION. Sec. 15. RCW 10.77.800 (Evaluation of chapter 297, Laws of 1998--Recidivism, competency restoration, information sharing) and 1998 c 297 s 54 are each repealed."

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

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate concur in the House amendment(s) to Senate Bill No. 6310.

      Senator Hargrove spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Senate Bill No. 6310.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6310 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6310, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6310, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

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

      Absent: Senator Brandland - 1

      Excused: Senators Brown, McAuliffe, McDermott, Pflug and Weinstein - 5

SENATE BILL NO. 6310, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6400, with the following amendment: 6400-S AMH HS MORI 093

      On page 1, beginning on line 6, after “have” strike all material though “believing” on line 14 and insert “the need to develop pro-social behaviors”

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Carrell moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6400.

      Senator Carrell spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Carrell that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6400.


The motion by Senator Carrell carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6400 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6400, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6400, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brown, McAuliffe, McDermott, Pflug and Weinstein - 5

SUBSTITUTE SENATE BILL NO. 6400, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6442, with the following amendment: 6442-S.E AMH JUDI TANG 096

      On page 3, line 37, after “counties;” insert “and

      On page 4, beginning on line 1, after “cities” strike all material through “experience” on line 8

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6442.

      Senator Kline spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6442.

The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6442 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6442, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6442, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Brown, McAuliffe and Pflug - 3

ENGROSSED SUBSTITUTE SENATE BILL NO. 6442, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed SENATE BILL NO. 6447, with the following amendment: 6447 AMH ENGR H5865.E

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. In order to support the families of military personnel serving in military conflicts, and to assure that these families are able to spend time together after being notified of an impending call or order to active duty and before deployment and during a military member's leave from deployment, the legislature hereby creates the military family leave act.

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

      (1) "Department" and "spouse" have the same meanings as in RCW 49.78.020.

      (2) "Employee" means a person who performs service for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer, but does not include an independent contractor.

      (3) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state; (b) the state, state institutions, and state agencies; and (c) any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.

      (4) "Period of military conflict" means a period of war declared by the United States Congress, declared by executive order of the president, or in which a member of a reserve component of the armed forces is ordered to active duty pursuant to either sections 12301 and 12302 of Title 10 of the United States Code or Title 32 of the United States Code.

      NEW SECTION. Sec. 3. (1) During a period of military conflict, an employee who is the spouse of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of fifteen days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment or when the military spouse is on leave from deployment.

      (2) An employee who takes leave under this chapter is entitled: (a) To be restored to a position of employment in the same manner as an employee entitled to leave under chapter 49.78 RCW is restored to a position of employment, as specified in RCW 49.78.280; and (b) to continue benefits in the same manner as an employee entitled to leave under chapter 49.78 RCW continues benefits, as specified in RCW 49.78.290.

      (3) An employee who seeks to take leave under this chapter must provide the employer with notice, within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment, of the employee's intention to take leave under this chapter.

      (4) An employer from which an employee seeks to take leave or takes leave under this chapter shall not engage in prohibited acts as specified in RCW 49.78.300.


      (5) An employee who takes leave under this chapter may elect to substitute any of the accrued leave to which the employee may be entitled for any part of the leave provided under this chapter.

      (6) The department shall administer the provisions of this chapter, and may adopt rules as necessary to implement this chapter.

      (7) This chapter shall be enforced as provided in chapter 49.78

RCW.

      NEW SECTION. Sec. 4. Sections 1 through 3 of this act constitute a new chapter in Title 49 RCW.

      Sec. 5. RCW 38.40.060 and 2001 c 71 s 1 are each amended to read as follows:

      Every officer and employee of the state or of any county, city, or other political subdivision thereof who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding ((fifteen)) twenty-one days during each year beginning October 1st and ending the following September 30th. Such leave shall be granted in order that the person may report for active duty, when called, or take part in active training duty in such manner and at such time as he or she may be ordered to active duty or active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his or her normal pay."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hobbs moved that the Senate concur in the House amendment(s) to Senate Bill No. 6447.

      Senator Hobbs spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hobbs that the Senate concur in the House amendment(s) to Senate Bill No. 6447.

The motion by Senator Hobbs carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6447 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6447, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6447, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators McAuliffe and Pflug - 2

SENATE BILL NO. 6447, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6560, with the following amendment: 6560-S.E AMH SGTA TAYT 217

      On page 3, line 18, after “dollars” insert “per calendar month

      On page 3, line 19, after “dollars” insert “per calendar month

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Rockefeller moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6560.

      Senator Rockefeller spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Rockefeller that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6560.

The motion by Senator Rockefeller carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6560 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6560, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6560, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators McAuliffe and Pflug - 2

ENGROSSED SUBSTITUTE SENATE BILL NO. 6560, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6580, with the following amendment: 6580-S.E AMH ENGR H5948.E

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature recognizes that the implications of a changed climate will affect the people, institutions, and economies of Washington. The legislature also recognizes that it is in the public interest to reduce the state's dependence upon foreign sources of carbon fuels that do not promote energy independence or the economic strength of the state. The legislature finds that the state, including its counties, cities, and residents, must engage in activities that reduce greenhouse gas emissions and dependence upon foreign oil.

      (2) The legislature further recognizes that: (a) Patterns of land use development influence transportation-related greenhouse gas emissions and the need for foreign oil; (b) fossil fuel-based transportation is the largest source of greenhouse gas emissions in Washington; and (c) the state and its residents will not achieve emission reductions established in RCW 80.80.020 without a significant decrease in transportation emissions.

      (3) The legislature, therefore, finds that it is in the public interest of the state to provide appropriate legal authority, where required, and to aid in the development of policies, practices, and methodologies that may assist counties and cities in addressing challenges associated with greenhouse gas emissions and our state's dependence upon foreign oil.

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

      (1) The department must develop and provide to counties and cities a range of advisory climate change response methodologies, a computer modeling program, and estimates of greenhouse gas emission reductions resulting from specific measures. The advisory methodologies, computer modeling program, and estimates must reflect regional and local variations and the diversity of counties and cities planning under RCW 36.70A.040. Advisory methodologies, the computer modeling program, estimates, and guidance developed under this section must be consistent with recommendations developed by the advisory policy committee established in section 4 of this act.

      (2) The department, in complying with this section, must work with the department of transportation on reductions of vehicle miles traveled through efforts associated with, and independent of, the process directed by RCW 47.01.--- (section 8, chapter . . . (E2SHB 2815)), Laws of 2008.

      (3) The department must complete and make available the advisory climate change response methodologies, computer program, and estimates required by this section by December 1, 2009. The advisory climate change response methodologies, computer program, and estimates must be updated two years before each completion date established in RCW 36.70A.130(4)(a).

      (4) This section expires January 1, 2011.

      NEW SECTION. Sec. 3. (1) A local government global warming mitigation and adaptation program is established. The program must be administered by the department of community, trade, and economic development and must conclude by June 30, 2010. The department must, through a competitive process, select three or fewer counties and six or fewer cities for the program. Counties selected must reflect a range of opportunities to address climate change in urbanizing, resource, or agricultural areas. Cities selected must reflect a range of sizes, geographic locations, and variations between those that are highly urbanized and those that are less so that have more residential dwellings than employment positions.

      (2) The program is established to assist the selected counties and cities that: (a) Are addressing climate change through their land use and transportation planning processes; and (b) aspire to address climate change through their land use and transportation planning processes, but lack necessary resources to do so. The department of community, trade, and economic development may fund proposals to inventory and mitigate global warming emissions, or adapt to the adverse impacts of global warming, using criteria it develops to accomplish the objectives of this section and sections 2 and 4 of this act.

      (3) The department of community, trade, and economic development must provide grants and technical assistance to aid the selected counties and cities in their efforts to anticipate, mitigate, and adapt to global warming and its associated problems. The department, in providing grants and technical assistance, must ensure that grants and assistance are awarded to counties and cities meeting the criteria established in subsection (2)(a) and (b) of this section.

      (4) The department of community, trade, and economic development must provide a report of program findings and recommendations to the governor and the appropriate committees of the house of representatives and the senate by January 1, 2011. The report must also consider the positive and negative impacts to affordable housing, employment, transportation costs, and economic development that result from addressing the impacts of climate change at the local level.

      (5) This section expires January 1, 2011.

      NEW SECTION. Sec. 4. (1)(a) With the use of funds provided by specific appropriation, the department must prepare a report that includes:

      (i) Descriptions of actions counties and cities are taking to address climate change issues. The department must use readily available information when completing the requirements of this subsection (1)(a)(i);

      (ii) Recommendations of changes, if any, to chapter 36.70A RCW and other relevant statutes that would enable state and local governments to address climate change issues and the need to reduce dependence upon foreign oil through land use and transportation planning processes;

      (iii) Descriptions of existing and potential computer modeling and other analytic and assessment tools that could be used by counties and cities in addressing their proprietary and regulatory activities to reduce greenhouse gas emissions and/or dependence upon foreign oil;

      (iv) Considerations of positive and negative impacts to affordable housing, employment, transportation costs, and economic development that result from addressing the impacts of climate change at the local level;

      (v) Assessments of state and local resources, financial and otherwise, needed to fully implement recommendations resulting from and associated with (a)(ii) and (iii) of this subsection; and

      (vi) Recommendations for additional funding to implement the recommendations resulting from (a)(ii) of this subsection.

      (b) The department must submit the report required by this section to the governor and the appropriate committees of the house of representatives and the senate by December 1, 2008.

      (2)(a) In preparing the report required by this section, the department must convene an advisory policy committee, with members as provided in this subsection.

      (i) The speaker of the house of representatives must appoint one member from each of the two largest caucuses of the house of representatives.

      (ii) The president of the senate must appoint one member from each of the two largest caucuses of the senate.

      (iii) Three elected official members representing counties and five elected official members representing cities. Members appointed under this subsection (2)(a)(iii) must represent each of the jurisdictional areas of growth management hearings boards and must be appointed by state associations representing counties and cities.

      (iv) One member representing tribal governments, appointed by the governor.

      (b) Recommendations produced by the department under this section must be approved by a majority of the voting members of the advisory policy committee.

      (c) The advisory policy committee must have the following nonvoting ex officio members:

      (i) One member representing the office of the governor;

      (ii) One member representing an association of builders;

      (iii) One member representing an association of real estate professionals;

      (iv) One member representing an association of local government planners;

      (v) One member representing an association of agricultural interests;

      (vi) One member representing a nonprofit entity with experience in growth management and land use planning issues;

      (vii) One member representing a statewide business association;

      (viii) One member representing a nonprofit entity with experience in climate change issues;


      (ix) One member representing a nonprofit entity with experience in mobility and transportation issues;

      (x) One member representing an association of office and industrial properties;

      (xi) One member representing an association of architects; and

      (xii) One member representing an association of commercial forestry interests.

      (d)(i) The department, in preparing the report and presenting information and recommendations to the advisory policy committee, must convene a technical support team, with members as provided in this subsection.

      (A) The department of ecology must appoint one member representing the department of ecology.

      (B) The department must appoint one member representing the department.

      (C) The department of transportation must appoint one member representing the department of transportation.

      (ii) The department, in complying with this subsection (2)(d), must consult with the professional staffs of counties and cities or their state associations, and regional transportation planning organizations and must solicit assistance from these staffs in developing materials and options for consideration by the advisory policy committee.

      (3) Nominations for organizations represented in subsection (2) of this section must be submitted to the department by April 15, 2008.

      (4) For purposes of this section, "department" means the department of community, trade, and economic development.

      (5) This section expires December 31, 2008.

      Sec. 5. RCW 36.70A.280 and 2003 c 332 s 2 are each amended to read as follows:

      (1) A growth management hearings board shall hear and determine only those petitions alleging either:

      (a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW. Nothing in this subsection authorizes a board to hear petitions alleging noncompliance with section 3 of this act; or

      (b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.

      (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.

      (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.

      (4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.

      (5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.

      The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.

      If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

      NEW SECTION. Sec. 6. This act is not intended to amend or affect chapter 353, Laws of 2007.

      NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

      NEW SECTION. Sec. 8. If specific funding for the purposes of section 2 of this act, referencing section 2 of this act by bill or chapter number and section number, is not provided by June 30, 2008, in the omnibus appropriations act, section 2 of this act is null and void.

      NEW SECTION. Sec. 9. If specific funding for the purposes of section 3 of this act, referencing section 3 of this act by bill or chapter number and section number, is not provided by June 30, 2008, in the omnibus appropriations act, section 3 of this act is null and void.

      NEW SECTION. Sec. 10. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Marr moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6580.

      Senator Marr spoke in favor of the motion.

      Senator Honeyford spoke against the motion.

 

The President declared the question before the Senate to be the motion by Senator Marr that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6580.

The motion by Senator Marr carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6580 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6580, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6580, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Swecker, Tom and Weinstein - 30

      Voting nay: Senators Benton, Brandland, Carrell, Delvin, Hargrove, Hatfield, Hewitt, Holmquist, Honeyford, King, McCaslin, Morton, Parlette, Roach, Schoesler, Sheldon, Stevens and Zarelli - 18

      Excused: Senator Pflug - 1

ENGROSSED SUBSTITUTE SENATE BILL NO. 6580, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 


      The House has passed SUBSTITUTE SENATE BILL NO. 6596, with the following amendment: 6596-S AMH CHAB MACB 043

      On page 4, after line 28, insert the following:

      "(3) The board shall report annually starting December 1, 2008 to the governor and the legislature with findings on (i) current research and best practices related to risk assessment, treatment, and supervision of sex offenders; (ii) community education regarding sex offenses and offenders; (iii) prevention of sex offenses; (iv) sex offender management; (v) the performance of sex offender prevention and response systems; and (vii) any other activities performed by the board in the prior 12 months in the furtherance of the purposes of this act."

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6596.

      Senator Hargrove spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6596.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6596 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6596, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6596, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

      Absent: Senator Brown - 1

      Excused: Senator Pflug - 1

SUBSTITUTE SENATE BILL NO. 6596, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 4, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6439, with the following amendment: 6439-S AMH HCW H5786.1.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 18.84.010 and 1991 c 222 s 1 are each amended to read as follows:

      It is the intent and purpose of this chapter to protect the public by the certification and registration of practitioners of radiological technology. By promoting high standards of professional performance, by requiring professional accountability, and by credentialing those persons who seek to provide radiological technology under the title of ((radiological)) radiologic technologists, and by regulating all persons utilizing ionizing radiation on human beings this chapter identifies those practitioners who have achieved a particular level of competency. Nothing in this chapter shall be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person certified under this chapter.

      The legislature finds and declares that this chapter conforms to the guidelines, terms, and definitions for the credentialing of health or health-related professions specified under chapter 18.120 RCW.

      Sec. 2. RCW 18.84.020 and 2000 c 93 s 42 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) "Department" means the department of health.

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

      (3) "Licensed practitioner" means any licensed health care practitioner performing services within the person's authorized scope of practice.

      (4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner, who practices radiologic technology as a:

      (a) Diagnostic radiologic technologist, who is a person who actually handles X-ray equipment in the process of applying radiation on a human being for diagnostic purposes at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; ((or))

      (b) Therapeutic radiologic technologist, who is a person who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57 RCW; ((or))

      (c) Nuclear medicine technologist, who is a person who prepares radiopharmaceuticals and administers them to human beings for diagnostic and therapeutic purposes and who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of a licensed practitioner; or

      (d) Radiologist assistant, who is an advanced-level certified diagnostic radiologic technologist who assists radiologists by performing advanced diagnostic imaging procedures as determined by rule under levels of supervision defined by the secretary, this includes but is not limited to enteral and parenteral procedures when performed under the direction of the supervising radiologist, and that these procedures may include injecting diagnostic agents to sites other than intravenous, performing diagnostic aspirations and localizations, and assisting radiologists with other invasive procedures.

      (5) "Approved school of radiologic technology" means a school of radiologic technology or radiologist assistant program approved by the ((council on medical education of the American medical association)) secretary or a school found to maintain the equivalent of such a course of study as determined by the department. Such school may be operated by a medical or educational institution, and for the purpose of providing the requisite clinical experience, shall be affiliated with one or more general hospitals.

      (6) "Approved radiologist assistant program" means a school approved by the secretary. The secretary may recognize other organizations that establish standards for radiologist assistant programs and designate schools that meet the organization's standards as approved.


      (7) "Radiologic technology" means the use of ionizing radiation upon a human being for diagnostic or therapeutic purposes.

      (((7))) (8) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.

      (((8))) (9) "Registered X-ray technician" means a person who is registered with the department, and who applies ionizing radiation at the direction of a licensed practitioner and who does not perform parenteral procedures.

      Sec. 3. RCW 18.84.030 and 1991 c 222 s 3 are each amended to read as follows:

      No person may practice radiologic technology without being registered or certified under this chapter, unless that person is a licensed practitioner as defined in RCW 18.84.020(3). A person represents himself or herself to the public as a certified ((radiological)) radiologic technologist when that person adopts or uses a title or description of services that incorporates one or more of the following items or designations:

      (1) Certified radiologic technologist or CRT, for persons so certified under this chapter;

      (2) Certified radiologic therapy technologist, CRTT, or CRT, for persons certified in the therapeutic field;

      (3) Certified radiologic diagnostic technologist, CRDT, or CRT, for persons certified in the diagnostic field; ((or))

      (4) Certified nuclear medicine technologist, CNMT, or CRT, for persons certified as nuclear medicine technologists; or

      (5) Certified radiologist assistant or CRA for persons certified as radiologist assistants.

      Sec. 4. RCW 18.84.040 and 1994 sp.s. c 9 s 506 are each amended to read as follows:

      (1) In addition to any other authority provided by law, the secretary may:

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

      (b) Set all registration, certification, and renewal fees in accordance with RCW 43.70.250;

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

      (d) Evaluate and designate those schools from which graduation will be accepted as proof of an applicant's eligibility to receive a certificate;

      (e) Determine whether alternative methods of training are equivalent to formal education, and to establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to receive a certificate;

      (f) Issue a certificate to any applicant who has met the education, training, examination, and conduct requirements for certification; and

      (g) Issue a registration to an applicant who meets the requirement for a registration.

      (2) The secretary may hire clerical, administrative, and investigative staff as needed to implement this chapter.

      (3) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline of registrants and certificants under this chapter. The secretary is the disciplining authority under this chapter.

      (4) The secretary may appoint ad hoc members of the profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated times and provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses under RCW 43.03.040 and 43.03.060.

      Sec. 5. RCW 18.84.080 and 1991 c 3 s 209 are each amended to read as follows:

      (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction, that the following requirements have been met to practice as:

      (a) A diagnostic radiologic technologist, therapeutic radiologic technologist, or nuclear medicine technologist:

      (i) Graduation from an approved school or successful completion of alternate training that meets the criteria established by the secretary; ((and

      (b))) (ii) Satisfactory completion of a radiologic technologist examination approved by the secretary; and

      (iii) Good moral character; or

      (b) A radiologist assistant:

      (i) Satisfactory completion of an approved radiologist assistant program;

      (ii) Satisfactory completion of a radiologist assistant examination approved by the secretary; and

      (iii) Good moral character.

      (2) Applicants shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW.

      (3) The secretary shall establish by rule what constitutes adequate proof of meeting the requirements for certification and for designation of certification in a particular field of radiologic technology.

      NEW SECTION. Sec. 6. A new section is added to chapter 18.84 RCW to read as follows:

      It is unprofessional conduct under chapter 18.130 RCW for any person registered or certified under this chapter to interpret images, make diagnoses, prescribe medications or therapies, or perform other procedures that may be prohibited by rule."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Spanel moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6439.

      Senator Spanel spoke in favor of the motion.

 

MOTION

 

On motion of Senator Regala, Senator Brown was excused.

 

The President declared the question before the Senate to be the motion by Senator Spanel that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6439.

The motion by Senator Spanel carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6439 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6439, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6439, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Swecker, Tom, Weinstein and Zarelli - 42

      Voting nay: Senators Benton, Holmquist, Honeyford, Roach and Stevens - 5

      Excused: Senators Brown and Pflug - 2

SUBSTITUTE SENATE BILL NO. 6439, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE


 

March 7, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6570, with the following amendment: 6570-S.E AMH SGTA REIL 032

      On page 2, line 13, after "(5)" strike all material through "42.52.160" on line 15 and insert the following: "A state employee is presumed not to be in violation of RCW 42.52.070 or 42.52.160 if the employee or the employee's spouse or child complies with this section"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Fairley moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6570.

      Senator Fairley spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Fairley that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6570.

The motion by Senator Fairley carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6570 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6570, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6570, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

      Absent: Senator Hargrove - 1

      Excused: Senators Brown and Pflug - 2

ENGROSSED SUBSTITUTE SENATE BILL NO. 6570, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6606, with the following amendment: 6606-S.E AMH ENGR H5949.E

      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) "Board" means the home inspector advisory licensing board.

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

      (3) "Director" means the director of the department of licensing.

      (4) "Entity" or "entities" means educational groups or organizations, national organizations or associations, or a national test organization.

      (5) "Home inspection" means a professional examination of the current condition of a house.

      (6) "Home inspector" means a person who carries out a noninvasive examination of the condition of a home, often in connection with the sale of that home, using special training and education to carry out the inspection.

      (7) "Report" means a written report prepared and issued after a home inspection.

      (8) "Wood destroying organism" means insects or fungi that consume, excavate, develop in, or otherwise modify the integrity of wood or wood products. "Wood destroying organism" includes but is not limited to carpenter ants, moisture ants, subterranean termites, dampwood termites, beetles in the family Anobiidae, and wood decay fungi, known as wood rot.

      NEW SECTION. Sec. 2. LICENSURE REQUIRED. (1) Beginning September 1, 2009, a person shall not engage in or conduct, or advertise or hold himself or herself out as engaging in or conducting, the business of or acting in the capacity of a home inspector within this state without first obtaining a license as provided in this chapter.

      (2) Any person performing the duties of a home inspector on the effective date of this act has until July 1, 2010, to meet the licensing requirements of this chapter. However, if a person performing the duties of a home inspector on the effective date of this act has proof that he or she has worked as a home inspector for at least two years and has conducted at least one hundred home inspections, he or she may apply to the board before September 1, 2009, for licensure without meeting the instruction and training requirements of this chapter.

      (3) The director may begin issuing licenses under this section beginning on July 1, 2009.

      NEW SECTION. Sec. 3. DUTIES OF A LICENSED HOME INSPECTOR. A person licensed under this chapter is responsible for performing a visual and noninvasive inspection of the following readily accessible systems and components of a home and reporting on the general condition of those systems and components at the time of the inspection in his or her written report: The roof, foundation, exterior, heating system, air-conditioning system, structure, plumbing and electrical systems, and other aspects of the home as may be identified by the board. The inspection must include looking for certain fire and safety hazards as defined by the board. The standards of practice to be developed by the board will be used as the minimum standards for an inspection. The duties of the home inspector with regard to wood destroying organisms are provided in section 19 of this act.

      NEW SECTION. Sec. 4. HOME INSPECTOR ADVISORY LICENSING BOARD. (1) The state home inspector advisory licensing board is created. The board consists of seven members appointed by the governor, who shall advise the director concerning the administration of this chapter. Of the appointments to this board, six must be actively engaged as home inspectors immediately prior to their appointment to the board, and one must be currently teaching in a home inspector education program. Insofar as possible, the composition of the appointed home inspector members of the board must be generally representative of the geographic distribution of home inspectors licensed under this chapter. No more than two board members may be members of a particular national home inspector association or organization.

      (2) A home inspector must have the following qualifications to be appointed to the board:

      (a) Actively engaged as a home inspector in the state of Washington for five years;

      (b) Licensed as a home inspector under this chapter, except for initial appointments; and

      (c) Performed a minimum of five hundred home inspections in the state of Washington.


      (3) Members of the board are appointed for three-year terms. Terms must be staggered so that not more than two appointments are scheduled to be made in any calendar year. Members hold office until the expiration of the terms for which they were appointed. The governor may remove a board member for just cause. The governor may appoint a new member to fill a vacancy on the board for the remainder of the unexpired term. All board members are limited to two consecutive terms.

      (4) Each board member is entitled to compensation for each day spent conducting official business and to reimbursement for travel expenses in accordance with RCW 43.03.240, 43.03.050, and 43.03.060.

      NEW SECTION. Sec. 5. DIRECTOR'S AUTHORITY. The director has the following authority in administering this chapter:

      (1) To adopt, amend, and rescind rules approved by the board as deemed necessary to carry out this chapter;

      (2) To administer licensing examinations approved by the board and to adopt or recognize examinations prepared by other entities as approved by the board;

      (3) To adopt standards of professional conduct, practice, and ethics as approved by the board; and

      (4) To adopt fees as provided in RCW 43.24.086.

      NEW SECTION. Sec. 6. BOARD'S AUTHORITY. The board has the following authority in administering this chapter:

      (1) To establish rules, including board organization and assignment of terms, and meeting frequency and timing, for adoption by the director;

      (2) To establish the minimum qualifications for licensing applicants as provided in this chapter;

      (3) To approve the method of administration of examinations required by this chapter or by rule as established by the director;

      (4) To approve the content of or recognition of examinations prepared by other entities for adoption by the director;

      (5) To set the time and place of examinations with the approval of the director; and

      (6) To establish and review standards of professional conduct, practice, and ethics for adoption by the director. These standards must address what constitutes certain fire and safety hazards as used in section 3 of this act.

      NEW SECTION. Sec. 7. QUALIFICATIONS FOR LICENSURE. In order to become licensed as a home inspector, an applicant must submit the following to the department:

      (1) An application on a form developed by the department;

      (2) Proof of a minimum of one hundred twenty hours of classroom instruction approved by the board;

      (3) Proof of up to forty hours of field training supervised by a licensed home inspector;

      (4) Evidence of successful passage of the written exam as required in section 8 of this act; and

      (5) The fee in the amount set by the department.

      NEW SECTION. Sec. 8. WRITTEN EXAMS. Applicants for licensure must pass an exam that is psychometrically valid, reliable, and legally defensible by the state. The exam is to be developed, maintained, and administered by the department. The board shall recommend to the director whether to use an exam that is prepared by a national entity. If an exam prepared by a national entity is used, a section specific to Washington shall be developed by the director and included as part of the entire exam.

      NEW SECTION. Sec. 9. LICENSE LENGTH AND RENEWAL. Licenses are issued for a term of two years and expire on the applicant's second birthday following issuance of the license.

      NEW SECTION. Sec. 10. ADVERTISING. The term "licensed home inspector" and the license number of the inspector must appear on all advertising, correspondence, and documents incidental to a home inspection. However, businesses and organizations that conduct national or interstate general marketing and advertising campaigns may omit the license number of the inspector in advertising so long as it is included on all documents incident to a home inspection.

      NEW SECTION. Sec. 11. CONTINUING EDUCATION REQUIREMENTS. (1) As a condition of renewing a license under this chapter, a licensed home inspector shall present satisfactory evidence to the board of having completed the continuing education requirements provided for in this section.

      (2) Each applicant for license renewal shall complete at least twenty-four hours of instruction in courses approved by the board every two years.

      NEW SECTION. Sec. 12. WRITTEN REPORTS. (1) A licensed home inspector shall provide a written report of the home inspection to each person for whom the inspector performs a home inspection within a time period set by the board in rule. The issues to be addressed in the report shall be set by the board in rule.

      (2) A licensed home inspector, or other licensed home inspectors or employees who work for the same company or for any company in which the home inspector has a financial interest, shall not, from the time of the inspection until one year from the date of the report, perform any work other than home inspection-related consultation on the home upon which he or she has performed a home inspection.

      NEW SECTION. Sec. 13. SUSPENSION OF LICENSE. (1) The director shall immediately suspend the license of a 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 child support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license is automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the requirements of RCW 34.05.422.

      (2) The director, with the assistance of the board, shall establish by rule under what circumstances a home inspector license may be suspended or revoked. These circumstances shall be based upon accepted industry standards and the board's cumulative experience.

      (3) Any person aggrieved by a decision of the director under this section may appeal the decision as provided in chapter 34.05 RCW. The adjudicative proceeding shall be conducted under chapter 34.05 RCW by an administrative law judge appointed pursuant to RCW 34.12.030.

      NEW SECTION. Sec. 14. CIVIL INFRACTIONS. The department has the authority to issue civil infractions under chapter 7.80 RCW in the following instances:

      (1) Conducting or offering to conduct a home inspection without being licensed in accordance with this chapter;

      (2) Presenting or attempting to use as his or her own the home inspector license of another;

      (3) Giving any false or forged evidence of any kind to the director or his or her authorized representative in obtaining a license;

      (4) Falsely impersonating any other licensee; or

      (5) Attempting to use an expired or revoked license.

      All fines and penalties collected or assessed by a court because of a violation of this section must be remitted to the department to be deposited into the business and professions account created in RCW 43.24.150.

      NEW SECTION. Sec. 15. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

      NEW SECTION. Sec. 16. RELIEF BY INJUNCTION. The director is authorized to apply for relief by injunction without bond, to restrain a person from the commission of any act that is prohibited under section 14 of this act. In such a proceeding, it is not necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violation. The director, individuals acting on the director's behalf, and members of the board are immune from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.

      NEW SECTION. Sec. 17. EXEMPTION FROM LICENSING. The following persons are exempt from the licensing requirements of this chapter when acting within the scope of their license or profession:

      (1) Engineers;

      (2) Architects;

      (3) Electricians licensed under chapter 19.28 RCW;

      (4) Plumbers licensed under chapter 18.106 RCW;

      (5) Pesticide operators licensed under chapter 17.21 RCW;

      (6) Structural pest inspectors licensed under chapter 15.58 RCW; or

      (7) Certified real estate appraisers licensed under chapter 18.140 RCW.

      NEW SECTION. Sec. 18. RECIPROCITY. Persons licensed as home inspectors in other states may become licensed as home inspectors under this chapter as long as the other state has licensing requirements that meet or exceed those required under this chapter and the person seeking a license under this chapter passes the Washington portion of the exam under section 8 of this act.

      NEW SECTION. Sec. 19. STRUCTURAL PEST INSPECTOR. Any person licensed under this chapter who is not also licensed as a pest inspector under chapter 15.58 RCW shall only refer in his or her report to rot or conducive conditions for wood destroying organisms and shall refer the identification of or damage by wood destroying insects to a structural pest inspector licensed under chapter 15.58 RCW.

 

      NEW SECTION. Sec. 20. Captions used in this chapter are not any part of the law.

      Sec. 21. RCW 18.235.020 and 2007 c 256 s 12 are each amended to read as follows:

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

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

      (i) Auctioneers under chapter 18.11 RCW;

      (ii) Bail bond agents and bail bond recovery agents under chapter 18.185 RCW;

      (iii) Camping resorts' operators and salespersons under chapter 19.105 RCW;

      (iv) Commercial telephone solicitors under chapter 19.158 RCW;

      (v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;

      (vi) Court reporters under chapter 18.145 RCW;

      (vii) Driver training schools and instructors under chapter 46.82 RCW;

      (viii) Employment agencies under chapter 19.31 RCW;

      (ix) For hire vehicle operators under chapter 46.72 RCW;

      (x) Limousines under chapter 46.72A RCW;

      (xi) Notaries public under chapter 42.44 RCW;

      (xii) Private investigators under chapter 18.165 RCW;

      (xiii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;

      (xiv) Real estate appraisers under chapter 18.140 RCW;

      (xv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;

      (xvi) Security guards under chapter 18.170 RCW;

      (xvii) Sellers of travel under chapter 19.138 RCW;

      (xviii) Timeshares and timeshare salespersons under chapter 64.36 RCW; ((and))

      (xix) Whitewater river outfitters under chapter 79A.60 RCW; and

       (xx) Home inspectors under chapter 18.-- RCW (the new chapter created in section 25 of this act).

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

      (i) The state board of registration for architects established in chapter 18.08 RCW;

      (ii) The cemetery board established in chapter 68.05 RCW;

      (iii) The Washington state collection agency board established in chapter 19.16 RCW;

      (iv) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW;

      (v) The state board of funeral directors and embalmers established in chapter 18.39 RCW;

      (vi) The state board of registration for landscape architects established in chapter 18.96 RCW; and

      (vii) The state geologist licensing board established in chapter 18.220 RCW.

      (3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered under RCW 18.235.110 by the disciplinary authority.

      Sec. 22. RCW 43.24.150 and 2005 c 25 s 1 are each amended to read as follows:

      (1) The business and professions account is created in the state treasury. All receipts from business or professional licenses, registrations, certifications, renewals, examinations, or civil penalties assessed and collected by the department from the following chapters must be deposited into the account:

      (a) Chapter 18.11 RCW, auctioneers;

      (b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;

      (c) Chapter 18.96 RCW, landscape architects;

      (d) Chapter 18.145 RCW, court reporters;

       (e) Chapter 18.165 RCW, private investigators;

      (f) Chapter 18.170 RCW, security guards;

      (g) Chapter 18.185 RCW, bail bond agents;

      (h) Chapter 18.-- RCW, home inspectors (the new chapter created in section 25 of this act);

      (i) Chapter 19.16 RCW, collection agencies;

      (((i))) (j) Chapter 19.31 RCW, employment agencies;

      (((j))) (k) Chapter 19.105 RCW, camping resorts;

      (((k))) (l) Chapter 19.138 RCW, sellers of travel;

      (((l))) (m) Chapter 42.44 RCW, notaries public; and

      (((m))) (n) Chapter 64.36 RCW, timeshares.

      Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for expenses incurred in carrying out these business and professions licensing activities of the department. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.

      (2) The director shall biennially prepare a budget request based on the anticipated costs of administering the business and professions licensing activities listed in subsection (1) of this section, which shall include the estimated income from these business and professions fees.

      NEW SECTION. Sec. 23. A new section is added to chapter 15.58 RCW to read as follows:

      A person licensed as a home inspector under chapter 18.--- RCW (the new chapter created in section 25 of this act) is exempt from licensing as a structural pest inspector except when reporting on the identification of or damage by wood destroying insects.

      NEW SECTION. Sec. 24. A new section is added to chapter 18.85 RCW to read as follows:

      The commission must establish procedures, to be adopted in rule by the director, for real estate agents to follow when providing potential home buyers with home inspector referrals.

      NEW SECTION. Sec. 25. Sections 1 through 20 of this act constitute a new chapter in Title 18 RCW.

      NEW SECTION. Sec. 26. 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.


and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Spanel moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6606.

      Senators Spanel and Holmquist spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Spanel that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6606.

The motion by Senator Spanel carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6606 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6606, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6606, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brandland, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Murray, Oemig, Parlette, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Swecker, Tom and Weinstein - 39

      Voting nay: Senators Benton, Carrell, Hewitt, Holmquist, Morton, Roach, Stevens and Zarelli - 8

      Excused: Senators Brown and Pflug - 2

ENGROSSED SUBSTITUTE SENATE BILL NO. 6606, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6607, with the following amendment: 6607-S AMH AGNR H5819.1

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 90.72.030 and 2007 c 150 s 1 are each amended to read as follows:

      The legislative authority of each county having shellfish tidelands within its boundaries is authorized to establish a shellfish protection district to include areas in which nonpoint pollution threatens the water quality upon which the continuation or restoration of shellfish farming or harvesting is dependent. The legislative authority shall constitute the governing body of the district and shall adopt a shellfish protection program with elements and activities to be effective within the district. The legislative authority may appoint a local advisory council to advise the legislative authority in preparation and implementation of shellfish protection programs. This program shall include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality over shellfish tidelands, including, but not limited to, requiring the elimination or decrease of contaminants in storm water runoff, establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure management practices are consistent with best management practices, and establishing educational and public involvement programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such pollution. The county legislative authority shall consult with the department of health, the department of ecology, the department of agriculture, or the conservation commission as appropriate as to the elements of the program. An element may be omitted where another program is effectively addressing those sources of nonpoint water pollution. Within the limits of RCW 90.72.040 and 90.72.070, the county legislative authority shall have full jurisdiction and authority to manage, regulate, and control its programs and to fix, alter, regulate, and control the fees for services provided and charges or rates as provided under those programs. Programs established under this chapter, may, but are not required to, be part of a system of sewerage as defined in RCW 36.94.010.

      Sec. 2. RCW 90.72.045 and 2007 c 150 s 2 are each amended to read as follows:

      The county legislative authority shall create a shellfish protection district and establish a shellfish protection program developed under RCW 90.72.030 or an equivalent program to address the causes or suspected causes of pollution within one hundred eighty days after the department of health, because of water quality degradation due to ongoing nonpoint sources of pollution has closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county. The county legislative authority shall initiate implementation of the shellfish protection program within sixty days after it is established.

      A copy of the program must be provided to the departments of health, ecology, and agriculture. An agency that has regulatory authority for any of the sources of nonpoint pollution covered by the program shall cooperate with the county in its implementation. The county legislative authority shall submit a written report to the department of health annually that describes the status and progress of the program. If rates or fees are collected under RCW 90.72.070 for implementation of the shellfish protection district program, the annual report shall provide sufficient detail of the expenditure of the revenue collected to ensure compliance with RCW 90.72.070.

      Sec. 3. RCW 90.72.070 and 1992 c 100 s 6 are each amended to read as follows:

      The county legislative authority establishing a shellfish protection district may finance the protection program through (1) county tax revenues, (2) reasonable inspection fees and similar fees for services provided, (3) reasonable charges or rates specified in its protection program, or (4) federal, state, or private grants. ((Confined animal feeding operations subject to the national pollutant discharge elimination system and implementing regulations shall not be subject to fees, rates, or charges by a shellfish protection district.)) A dairy animal feeding operation with a certified dairy nutrient management plan as required in chapter 90.64 RCW and any other commercial agricultural operation on agricultural lands as defined in RCW 36.70A.030 shall be subject to fees, rates, or charges by a shellfish protection district of no more than five hundred dollars in a calendar year. Facilities permitted and assessed fees for wastewater discharge under the national pollutant discharge elimination system shall not be subject to fees, rates, or charges for wastewater discharge by a shellfish protection district. Lands classified as forest land under chapter 84.33 RCW and timber land under chapter 84.34 RCW shall not be subject to fees, rates, or charges by a shellfish protection district. Counties may collect charges or rates in the manner determined by the county legislative authority."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION


 

Senator Spanel moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6607.

      Senator Spanel spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Spanel that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6607.

The motion by Senator Spanel carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6607 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6607, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6607, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Brown and Pflug - 2

SUBSTITUTE SENATE BILL NO. 6607, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6626, with the following amendment: 6626-S2 AMH FIN H5933.1

      On page 2, after line 35, insert the following:

      "(8) "Operationally complete" means a date no later than one year from the date the project is issued an occupancy permit by the local permit issuing authority."

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

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kilmer moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6626.

      Senator Kilmer spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Kilmer that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6626.

The motion by Senator Kilmer carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 6626 by voice vote.

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6626, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6626, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Brown and Pflug - 2

SECOND SUBSTITUTE SENATE BILL NO. 6626, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 4, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6711, with the following amendment: 6711-S AMH APP H5891.1

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 43.320 RCW to read as follows:

      (1) The smart homeownership choices program is created in the department to assist low-income and moderate-income households, as defined in RCW 84.14.010, facing foreclosure.

      (2) The department shall enter into an interagency agreement with the Washington state housing finance commission to implement and administer this program with moneys from the account created in section 2 of this act. The Washington state housing finance commission will request funds from the department as needed to implement and operate the program.

      (3) The commission shall, under terms and conditions to be determined by the commission, assist homeowners who are delinquent on their mortgage payments to bring their mortgage payments current in order to refinance into a different loan product. Financial assistance received by homeowners under this chapter shall be repaid at the time of refinancing into a different loan product. Homeowners receiving financial assistance shall also agree to partake in a residential mortgage counseling program. Moneys may also be used for outreach activities to raise awareness of this program. Not more than four percent of the total appropriation for this program may be used for administrative expenses of the department and the commission.

      (4) The commission must provide an annual report to the legislature at the end of each fiscal year of program operation. The report must include information including the total number of households seeking help to resolve mortgage delinquency, the number of program participants that successfully avoided foreclosure, and the number of program participants who refinanced a home, including information on the terms of both the new loan product and the product out of which the homeowner refinanced. The commission shall establish and report upon performance measures, including measures to gauge program efficiency and effectiveness and customer satisfaction.

      NEW SECTION. Sec. 2. A new section is added to chapter 43.320 RCW to read as follows:

      The smart homeownership choices program account is created in the custody of the state treasurer. All receipts from the appropriation in section 4 of this act as well as receipts from private contributions and all other sources that are specifically designated for the smart homeownership choices program must be deposited into the account. Expenditures from the account may be used solely for the purpose of preventing foreclosures through the smart homeownership choices program as described in section 1 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. 3. A new section is added to chapter 43.320 RCW to read as follows:

      The Washington state housing finance commission shall only serve low-income households, as defined in RCW 84.14.010, through the smart homeownership choices program described in section 1 of this act using state appropriated general funds in the smart homeownership choices program account created in section 2 of this act. Contributions from private and other sources to the account may be used to serve both low-income and moderate-income households, as defined in RCW 84.14.010, through the smart homeownership choices program.

      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.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kauffman moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6711.

      Senator Kauffman spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Kauffman that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6711.

The motion by Senator Kauffman carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6711 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6711, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6711, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

      Absent: Senator Hargrove - 1

      Excused: Senator Pflug - 1

SUBSTITUTE SENATE BILL NO. 6711, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6732, with the following amendment: 6732-S2 AMH APP H5896.1

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 18.27.030 and 2007 c 436 s 3 are each amended to read as follows:

      (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:

      (a) Employer social security number.

      (b) Unified business identifier number((, if required by the department of revenue)).

      (c) Evidence of workers' compensation coverage for the applicant's employees working in Washington, as follows:

      (i) The applicant's industrial insurance account number issued by the department;

      (ii) The applicant's self-insurer number issued by the department; or

      (iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the payment of compensation under the other state's or province's workers' compensation law.

      (d) Employment security department number.

      (e) ((State excise tax registration number.

      (f))) Unified business identifier (UBI) account number may be substituted for the information required by (c) and (d) of this subsection if the applicant will not employ employees in Washington((, and by (d) and (e) of this subsection)).

      (((g))) (f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.

      (((h))) (g) The name and address of each partner if the applicant is a firm or partnership, or the name and address of the owner if the applicant is an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant is a corporation or the name and address of all members of other business entities. The information contained in such application is a matter of public record and open to public inspection.

      (2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(c) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.

      (3)(a) The department shall deny an application for registration if: (i) The applicant has been previously performing work subject to this chapter as a sole proprietor, partnership, corporation, or other entity and the department has notice that the applicant has an unsatisfied final judgment against him or her in an action based on work performed subject to this chapter or the applicant owes the department money for penalties assessed or fees due under this chapter as a result of a final judgment; (ii) the applicant was an owner, principal, or officer of a partnership, corporation, or other entity that either has an unsatisfied final judgment against it in an action that was incurred for work performed subject to this chapter or owes the department money for penalties assessed or fees due under this chapter as a result of a final judgment; ((or)) (iii) the applicant does not have a valid unified business identifier number((, if required by the department of revenue)); (iv) the department determines that the applicant has falsified information on the application, unless the error was inadvertent; or (v) the applicant does not have an active and valid certificate of registration with the department of revenue.

      (b) The department shall suspend an active registration if (i) the department has determined that the registrant has an unsatisfied final judgment against it for work within the scope of this chapter; (ii) the department has determined that the registrant is a sole proprietor or an owner, principal, or officer of a registered contractor that has an unsatisfied final judgment against it for work within the scope of this chapter; ((or)) (iii) the registrant does not maintain a valid unified business identifier number((, if required by the department of revenue)); (iv) the department has determined that the registrant falsified information on the application, unless the error was inadvertent; or (v) the registrant does not have an active and valid certificate of registration with the department of revenue.

      (c) The department may suspend an active registration if the department has determined that an owner, principal, partner, or officer of the registrant was an owner, principal, or officer of a previous partnership, corporation, or other entity that has an unsatisfied final judgment against it.

      (4) The department shall not deny an application or suspend a registration because of an unsatisfied final judgment if the applicant's or registrant's unsatisfied final judgment was determined by the director to be the result of the fraud or negligence of another party.

      Sec. 2. RCW 18.27.100 and 2001 c 159 s 8 are each amended to read as follows:

      (1) Except as provided in RCW 18.27.065 for partnerships and joint ventures, no person who has registered under one name as provided in this chapter shall engage in the business, or act in the capacity, of a contractor under any other name unless such name also is registered under this chapter.

      (2) All advertising and all contracts, correspondence, cards, signs, posters, papers, and documents which show a contractor's name or address shall show the contractor's name or address as registered under this chapter.

      (3)(a) All advertising that shows the contractor's name or address shall show the contractor's current registration number. The registration number may be omitted in an alphabetized listing of registered contractors stating only the name, address, and telephone number: PROVIDED, That signs on motor vehicles subject to RCW 46.16.010 and on-premise signs shall not constitute advertising as provided in this section. All materials used to directly solicit business from retail customers who are not businesses shall show the contractor's current registration number. A contractor shall not use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required. Advertising by airwave transmission shall not be subject to this subsection (3)(a).

      (b) The director may issue a subpoena to any person or entity selling any advertising subject to this section for the name, address, and telephone number provided to the seller of the advertising by the purchaser of the advertising. The subpoena must have enclosed a stamped, self-addressed envelope and blank form to be filled out by the seller of the advertising. If the seller of the advertising has the information on file, the seller shall, within a reasonable time, return the completed form to the department. The subpoena must be issued no more than two days after the expiration of the issue or publication containing the advertising or after the broadcast of the advertising. The good-faith compliance by a seller of advertising with a written request of the department for information concerning the purchaser of advertising shall constitute a complete defense to any civil or criminal action brought against the seller of advertising arising from such compliance. Advertising by airwave or electronic transmission is subject to this subsection (3)(b).

      (4) No contractor shall advertise that he or she is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter.

      (5) A contractor shall not falsify a registration number and use it, or use an expired registration number, in connection with any solicitation or identification as a contractor. All individual contractors and all partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses at all times while engaged in the business or capacity of a contractor or activities related thereto.

      (6) Any advertising by a person, firm, or corporation soliciting work as a contractor when that person, firm, or corporation is not registered pursuant to this chapter is a violation of this chapter.

      (7) An applicant or registrant who falsifies information on an application for registration commits a violation under this section.

      (8)(a) The finding of a violation of this section by the director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the person committing the violation to a penalty of not more than ten thousand dollars as determined by the director.

      (b) Penalties under this section shall not apply to a violation determined to be an inadvertent error.

      NEW SECTION. Sec. 3. A new section is added to chapter 39.12 RCW to read as follows:

      A contractor shall not be allowed to bid on any public works contract for one year from the date of a final determination that the contractor has committed any combination of two of the following violations or infractions within a five-year period:

      (1) Violated RCW 51.48.020(1) or 51.48.103; or

      (2) Committed an infraction or violation under chapter 18.27 RCW for performing work as an unregistered contractor.

      NEW SECTION. Sec. 4. A new section is added to chapter 18.27 RCW to read as follows:

      A contractor found to have committed an infraction or violation under this chapter for performing work as an unregistered contractor shall, in addition to any penalties under this chapter, be subject to the penalties in section 3 of this act.

      Sec. 5. RCW 51.16.070 and 1997 c 54 s 3 are each amended to read as follows:

      (1)(a) Every employer shall keep at his or her place of business a record of his or her employment from which the information needed by the department may be obtained and such record shall at all times be open to the inspection of the director, supervisor of industrial insurance, or the traveling auditors, agents, or assistants of the department, as provided in RCW 51.48.040.

      (b) An employer who contracts with another person or entity for work subject to chapter 18.27 or 19.28 RCW shall obtain and preserve a record of the unified business identifier account number for and the compensation paid to the person or entity performing the work. Failure to obtain or maintain the record is subject to RCW 39.06.010 and to a penalty under RCW 51.48.030.

      (2) Information obtained from employing unit records under the provisions of this title shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but any interested party shall be supplied with information from such records to the extent necessary for the proper presentation of the case in question: PROVIDED, That any employing unit may authorize inspection of its records by written consent.

      Sec. 6. RCW 50.13.060 and 2005 c 274 s 322 are each amended to read as follows:

      (1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:

      (a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and

      (b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and

      (c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in a manner which conforms to the civil rules for superior court. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information. The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.

      (2) The requirements of subsections (1) and (9) of this section shall not apply to the state legislative branch. The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes. If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.

      (3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.

      (4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws or to the release of employing unit names, addresses, number of employees, and aggregate employer wage data for the purpose of state governmental agencies preparing small business economic impact statements under chapter 19.85 RCW or preparing cost-benefit analyses under RCW 34.05.328(1) (c) and (d). Information provided by the department and held to be private and confidential under state or federal laws must not be misused or released to unauthorized parties. A person who misuses such information or releases such information to unauthorized parties is subject to the sanctions in RCW 50.13.080.

      (5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied.

      (6) Governmental agencies may have access to certain records and information, limited to employer information possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in cases consistent with the purposes of chapter 50.38 RCW are government agencies not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied. Information provided by the department and held to be private and confidential under state or federal laws shall not be misused or released to unauthorized parties subject to the sanctions in RCW 50.13.080.

      (7) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law. When federal law does not apply to the records or information state law shall control.

      (8) The department may provide information for purposes of statistical analysis and evaluation of the WorkFirst program or any successor state welfare program to the department of social and health services, the office of financial management, and other governmental entities with oversight or evaluation responsibilities for the program in accordance with RCW 43.20A.080. The confidential information provided by the department shall remain the property of the department and may be used by the authorized requesting agencies only for statistical analysis, research, and evaluation purposes as provided in RCW 74.08A.410 and 74.08A.420. The department of social and health services, the office of financial management, or other governmental entities with oversight or evaluation responsibilities for the program are not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section and applicable federal laws and regulations must be satisfied. The confidential information used for evaluation and analysis of welfare reform supplied to the authorized requesting entities with regard to the WorkFirst program or any successor state welfare program are exempt from public inspection and copying under chapter 42.56 RCW.

      (9) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is (a) directly connected to the official purpose for which the records or information were obtained or (b) to another governmental agency which would be permitted to obtain the records or information under subsection (4) or (5) of this section.

      (10) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need not apply.

      (11)(a) To promote the reemployment of job seekers, the commissioner may enter into data-sharing contracts with partners of the one-stop career development system. The contracts shall provide for the transfer of data only to the extent that the transfer is necessary for the efficient provisions of workforce programs, including but not limited to public labor exchange, unemployment insurance, worker training and retraining, vocational rehabilitation, vocational education, adult education, transition from public assistance, and support services. The transfer of information under contracts with one-stop partners is exempt from subsection (1)(c) of this section.

      (b) An individual who applies for services from the department and whose information will be shared under (a) of this subsection (11) must be notified that his or her private and confidential information in the department's records will be shared among the one-stop partners to facilitate the delivery of one-stop services to the individual. The notice must advise the individual that he or she may request that private and confidential information not be shared among the one-stop partners and the department must honor the request. In addition, the notice must:

      (i) Advise the individual that if he or she requests that private and confidential information not be shared among one-stop partners, the request will in no way affect eligibility for services;

      (ii) Describe the nature of the information to be shared, the general use of the information by one-stop partner representatives, and among whom the information will be shared;

      (iii) Inform the individual that shared information will be used only for the purpose of delivering one-stop services and that further disclosure of the information is prohibited under contract and is not subject to disclosure under chapter 42.56 RCW; and

      (iv) Be provided in English and an alternative language selected by the one-stop center or job service center as appropriate for the community where the center is located.

      If the notice is provided in-person, the individual who does not want private and confidential information shared among the one-stop partners must immediately advise the one-stop partner representative of that decision. The notice must be provided to an individual who applies for services telephonically, electronically, or by mail, in a suitable format and within a reasonable time after applying for services, which shall be no later than ten working days from the department's receipt of the application for services. A one-stop representative must be available to answer specific questions regarding the nature, extent, and purpose for which the information may be shared.

      (12) To facilitate improved operation and evaluation of state programs, the commissioner may enter into data-sharing contracts with other state agencies only to the extent that such transfer is necessary for the efficient operation or evaluation of outcomes for those programs. The transfer of information by contract under this subsection is exempt from subsection (1)(c) of this section.

      (13) The misuse or unauthorized release of records or information by any person or organization to which access is permitted by this chapter subjects the person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.

      Sec. 7. RCW 50.12.070 and 2007 c 146 s 1 are each amended to read as follows:

      (1)(a) Each employing unit shall keep true and accurate work records, containing such information as the commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the commissioner or his or her authorized representatives at any reasonable time and as often as may be necessary. The commissioner may require from any employing unit any sworn or unsworn reports with respect to persons employed by it, which he or she deems necessary for the effective administration of this title.

      (b) An employer who contracts with another person or entity for work subject to chapter 18.27 or 19.28 RCW shall obtain and preserve a record of the unified business identifier account number for and compensation paid to the person or entity performing the work. Failure to obtain or maintain the record is subject to RCW 39.06.010 and to a penalty determined by the commissioner, but not to exceed two hundred fifty dollars, to be collected as provided in RCW 50.24.120.

      (2)(a) Each employer shall register with the department and obtain an employment security account number. Registration must include the names and social security numbers of the owners, partners, members, or corporate officers of the business, as well as their mailing addresses and telephone numbers and other information the commissioner may by rule prescribe. Registration of corporations must also include the percentage of stock ownership for each corporate officer, delineated by zero percent, less than ten percent, or ten percent or more. Any changes in the owners, partners, members, or corporate officers of the business, and changes in percentage of ownership of the outstanding shares of stock of the corporation, must be reported to the department at intervals prescribed by the commissioner under (b) of this subsection.

      (b) Each employer shall make periodic reports at such intervals as the commissioner may by regulation prescribe, setting forth the remuneration paid for employment to workers in its employ, the full names and social security numbers of all such workers, and the total hours worked by each worker and such other information as the commissioner may by regulation prescribe.

      (c) If the employing unit fails or has failed to report the number of hours in a reporting period for which a worker worked, such number will be computed by the commissioner and given the same force and effect as if it had been reported by the employing unit. In computing the number of such hours worked, the total wages for the reporting period, as reported by the employing unit, shall be divided by the dollar amount of the state's minimum wage in effect for such reporting period and the quotient, disregarding any remainder, shall be credited to the worker: PROVIDED, That although the computation so made will not be subject to appeal by the employing unit, monetary entitlement may be redetermined upon request if the department is provided with credible evidence of the actual hours worked. Benefits paid using computed hours are not considered an overpayment and are not subject to collections when the correction of computed hours results in an invalid or reduced claim; however:

      (i) A contribution paying employer who fails to report the number of hours worked will have its experience rating account charged for all benefits paid that are based on hours computed under this subsection; and

      (ii) An employer who reimburses the trust fund for benefits paid to workers and fails to report the number of hours worked shall reimburse the trust fund for all benefits paid that are based on hours computed under this subsection.

      Sec. 8. RCW 51.48.103 and 2003 c 53 s 283 are each amended to read as follows:

      (1) It is a gross misdemeanor:

      (a) For any employer to engage in business subject to this title without having obtained a certificate of coverage as provided for in this title;

      (b) For the president, vice president, secretary, treasurer, or other officer of any company to cause or permit the company to engage in business subject to this title without having obtained a certificate of coverage as provided for in this title.

      (2) It is a class C felony punishable according to chapter 9A.20 RCW:

      (a) For any employer to engage in business subject to this title after the employer's certificate of coverage has been revoked by order of the department;

      (b) For the president, vice president, secretary, treasurer, or other officer of any company to cause or permit the company to engage in business subject to this title after revocation of a certificate of coverage.

      (3) An employer found to have violated this section shall, in addition to any other penalties, be subject to the penalties in section 3 of this act.

      Sec. 9. RCW 51.48.020 and 1997 c 324 s 1 are each amended to read as follows:

      (1)(a) Any employer, who knowingly misrepresents to the department the amount of his or her payroll or employee hours upon which the premium under this title is based, shall be liable to the state for up to ten times the amount of the difference in premiums paid and the amount the employer should have paid and for the reasonable expenses of auditing his or her books and collecting such sums. Such liability may be enforced in the name of the department.

      (b) An employer is guilty of a class C felony, if:

      (i) The employer, with intent to evade determination and payment of the correct amount of the premiums, knowingly makes misrepresentations regarding payroll or employee hours; or

      (ii) The employer engages in employment covered under this title and, with intent to evade determination and payment of the correct amount of the premiums, knowingly fails to secure payment of compensation under this title or knowingly fails to report the payroll or employee hours related to that employment.

      (c) Upon conviction under (b) of this subsection, the employer shall be ordered by the court to pay the premium due and owing, a penalty in the amount of one hundred percent of the premium due and owing, and interest on the premium and penalty from the time the premium was due until the date of payment. The court shall:

      (i) Collect the premium and interest and transmit it to the department of labor and industries; and

      (ii) Collect the penalty and disburse it pro rata as follows: One-third to the investigative agencies involved; one-third to the prosecuting authority; and one-third to the general fund of the county in which the matter was prosecuted.

      Payments collected under this subsection must be applied until satisfaction of the obligation in the following order: Premium payments; penalty; and interest.

      (d) An employer found to have violated this subsection shall, in addition to any other penalties, be subject to the penalties in section 3 of this act.


      (2) Any person claiming benefits under this title, who knowingly gives false information required in any claim or application under this title shall be guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW.

      Sec. 10. 2007 c 288 s 2 (uncodified) is amended to read as follows:

      (1) The joint legislative task force on the underground economy in the Washington state construction industry is established. For purposes of this section, "underground economy" means contracting and construction activities in which payroll is unreported or underreported with consequent nonpayment of payroll taxes to federal and state agencies including nonpayment of workers' compensation and unemployment compensation taxes.

      (2) The purpose of the task force is to formulate a state policy to establish cohesion and transparency between state agencies so as to increase the oversight and regulation of the underground economy practices in the construction industry in this state. To assist the task force in achieving this goal and to determine the extent of and projected costs to the state and workers of the underground economy in the construction industry, the task force shall contract with the institute for public policy, or, if the institute is unavailable, another entity with expertise capable of providing such assistance.

      (3)(a) The task force shall consist of the following members:

      (i) The chair and ranking minority member of the senate labor, commerce, research and development committee;

      (ii) The chair and ranking minority member of the house of representatives commerce and labor committee;

      (iii) Four members representing the construction business, selected from nominations submitted by statewide construction business organizations and appointed jointly by the president of the senate and the speaker of the house of representatives;

      (iv) Four members representing construction laborers, selected from nominations submitted by statewide labor organizations and appointed jointly by the president of the senate and the speaker of the house of representatives.

      (b) In addition, the employment security department, the department of labor and industries, and the department of revenue shall cooperate with the task force and shall each maintain a liaison representative, who is a nonvoting member of the task force. The departments shall cooperate with the task force and the institute for public policy, or other entity as appropriate, and shall provide information and data as the task force or the institute, or other entity as appropriate, may reasonably request.

      (c) The task force shall choose its chair or cochairs from among its legislative membership. The chairs of the senate labor, commerce, research and development committee and the house of representatives commerce and labor committee shall convene the initial meeting of the task force.

      (4)(a) The task force shall use legislative facilities and staff support shall be provided by senate committee services and the house of representatives office of program research. Within available funding, the task force may hire additional staff with specific technical expertise if such expertise is necessary to carry out the mandates of this study.

      (b) Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      (c) The expenses of the task force will be paid jointly by the senate and house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

      (5) The task force shall report its preliminary findings and recommendations to the legislature by January 1, 2008, and submit a final report to the legislature by December 31, 2008.

      (6) This section expires July 1, ((2008)) 2009.

      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.

      NEW SECTION. Sec. 12. A new section is added to chapter 18.27 RCW to read as follows:

      The department shall create an expanded social marketing campaign using currently available materials and newly created materials as needed. This campaign should be aimed at consumers and warn them of the risks and potential consequences of hiring unregistered contractors or otherwise assisting in the furtherance of the underground economy. The campaign may include: Providing public service announcements and other similar materials, made available in English as well as other languages, to the media and to community groups; providing information on violations and penalties; and encouraging legitimate contractors and the public to report fraud.

 

      NEW SECTION. Sec. 13. A new section is added to chapter 43.22 RCW to read as follows:

      (1) A pilot project must be established between the department and certain local jurisdictions to explore ways to improve the collection and sharing of building permit information. Participation must be voluntary for the local jurisdictions who participate, but one large city, some smaller cities, and at least one county are encouraged to participate.

      (2) The department must report back to the appropriate committees of the legislature on the progress of the pilot project by November 15, 2013.

      (3) The department may adopt rules to undertake the pilot project under this section.

      (4) This section expires December 1, 2014.

      NEW SECTION. Sec. 14. An advisory committee must be organized by the Washington state institute for public policy with the assistance of the department of revenue, the department of labor and industries, and the employment security department, with a goal of establishing benchmarks for future monitoring of activities recommended by the task force on the underground economy in the construction industry. Benchmarks should measure the effect of task force recommendations to determine their efficiency and effectiveness and to determine if additional approaches should be explored. Establishment of these benchmarks along with a more concerted effort to develop data that answer the baseline question of the magnitude of the problem could be discussed in a legislative extension of the task force. The institute must provide a preliminary report to the senate labor, commerce, research and development committee and the house of representatives commerce and labor committee by December 31, 2008.

      NEW SECTION. Sec. 15. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

      NEW SECTION. Sec. 16. 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. 17. 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.


and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6732.

      Senator Kohl-Welles spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6732.

The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 6732 by voice vote.

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6732, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6732, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

      Absent: Senator Brown - 1

      Excused: Senator Pflug - 1

SECOND SUBSTITUTE SENATE BILL NO. 6732, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

      At the request of the President, “Bumble Bee Rock” by the Ventures was played in the chamber in honor of the Ventures.

 

REMARKS BY THE PRESIDENT

 

      President Owen: “Well, ladies and gentlemen of the Senate, the President took a little of his discretionary authority here to play a little classic rock music because, about three years ago, this August body chose to send a resolution to the Rock and Roll Hall of Fame asking that our own Ventures from Tacoma, Washington be inducted into the Rock and Roll Hall of Fame after selling over one-hundred and ten million albums and being ignored year after year, after year. Well, today’s the day that they will be inducted into the Rock and Roll Hall of Fame, finally.

      The President did pass around the Governor’s proclamation that declares today ‘Ventures Day’ today and encourage you to get your 45s, your LPs, our eight-track cassettes, your cassettes, your CDs, your iPods and whatever else you have and play some Ventures music today. We just thought we’d start your day off with that. All right. Oh, and by the way, the President will that Senator McAuliffe did not get the right memo today. She thought we were honoring KISS today. If you notice those...The Ventures. I don’t know where you find them but you do a...She’s really only four foot, eleven.”

 

PERSONAL PRIVILEGE

 

      Senator Eide: “Mr. President, it’s interesting that you would mention Senator McAuliffe because I had written it down. I was going to mention something about those wonderful boots too. Can’t miss ‘em.”

 

PERSONAL PRIVILEGE

 

      Senator Marr: “I just wonder if, on your and my behalf, we could ask Senator McAuliffe where she got those shoes.”

 

REPLY BY THE PRESIDENT

 

      President Owen: Laughs. “I don’t get it.”

 

MOTION

 

      There being no objection, on motion of Senator Eide, the following measures on the second and third reading calendar were referred to the Committee on Rules and placed in the “X” file.

 

Engrossed Second Substitute House Bill No. 1115

Engrossed Second Substitute House Bill No. 1332

House Bill No. 1345

Substitute House Bill No. 1346

House Bill No. 1403

Engrossed Substitute House Bill No. 1453

Substitute House Bill No. 1534

Substitute House Bill No. 1625

Substitute House Bill No. 1675

Engrossed Substitute House Bill No. 1727

Second Substitute House Bill No. 1734

House Bill No. 1775

Engrossed Fourth Substitute House Bill No. 1806

House Bill No. 2203

Substitute House Bill No. 2337

Substitute House Bill No. 2439

Substitute House Bill No. 2444

Substitute House Bill No. 2452

House Bill No. 2470

House Bill No. 2473

House Bill No. 2485

House Bill No. 2489

Substitute House Bill No. 2501

Second Substitute House Bill No. 2530

House Bill No. 2565

Substitute House Bill No. 2567

Substitute House Bill No. 2595

Engrossed Second Substitute House Bill No. 2631

House Bill No. 2651

House Bill No. 2655

Substitute House Bill No. 2670

House Bill No. 2728

House Bill No. 2740

House Bill No. 2761

House Bill No. 2764

Substitute House Bill No. 2811

Engrossed Substitute House Bill No. 2818

Substitute House Bill No. 2836

Engrossed Substitute House Bill No. 2864

House Bill No. 2894

House Bill No. 2909

Substitute House Bill No. 2925

Substitute House Bill No. 2986

House Bill No. 3006

Substitute House Bill No. 3059

Substitute House Bill No. 3069

Substitute House Bill No. 3103

Second Engrossed Substitute House Bill No. 3133

Engrossed Substitute House Bill No. 3148

Engrossed Substitute House Bill No. 3160

House Bill No. 3161

Engrossed Second Substitute House Bill No. 3180

Engrossed House Bill No. 3181


Substitute House Bill No. 3183

House Bill No. 3220

House Bill No. 3249

Substitute House Bill No. 3255

Engrossed House Bill No. 3276

Engrossed House Bill No. 3317

Second Substitute House Bill No. 3349

House Joint Memorial No. 4029

House Joint Memorial No. 4030

House Joint Memorial No. 4031

Substitute Senate Bill No. 5780

Substitute Senate Bill No. 6866

 

MOTION

 

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

 

MOTION

 

      Senator Delvin moved adoption of the following resolution:

 

SENATE RESOLUTION

8710

 

By Senators Delvin, Franklin, Haugen, Rockefeller, Rasmussen, Prentice, Benton, McCaslin, Brandland, Carrell, Holmquist, Roach, Shin, Morton, Pridemore, Tom, Hobbs, Marr, King, Hatfield, and Eide

 

      WHEREAS, Freemasons, whose long lineage extends to before Washington achieved statehood, have set an example of high moral standards and charity for all people; and

      WHEREAS, The founding fathers of this great State of Washington, many of whom were Freemasons, provided a well-rounded 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 Senate recognize the thousands of Freemasons of Washington and honor them for their many contributions to our state throughout its history; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Freemasons of Washington.

 

      Senators Delvin, Haugen and Benton spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8710.

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

INTRODUCTION OF SPECIAL GUESTS

 

      The President recognized former Representative Brian Thomas, Grand Master of the Freemasons of Washington; the Most Worshipful Wayne I. Smith, Grand Master; and other Freemasons of Washington who were present in the gallery.

 

MOTION

 

At 11:03 a.m., on motion of Senator Eide, the Senate the Senate recessed until 1:00 p.m.

AFTERNOON SESSION

 

The Senate was called to order at 1:00 a.m. by President Owen.

 

      At the request of the President, “Walk Don’t Run” by the Ventures was played in the chamber in honor of the Ventures who were to be inducted into the Rock and Roll Hall of Fame and Museum in Cleveland, Ohio later in the day.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 8, 2008

 

MR. PRESIDENT:

The House concurred in Senate amendment to the following bills and passed the bills as amended by the Senate:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1031,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1621,

      SECOND SUBSTITUTE HOUSE BILL NO. 2557,

      SUBSTITUTE HOUSE BILL NO. 2602,

      SUBSTITUTE HOUSE BILL NO. 2779,

      HOUSE BILL NO. 2781,

      HOUSE BILL NO. 2887,

      SUBSTITUTE HOUSE BILL NO. 2963,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 3166,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3186,

      SUBSTITUTE HOUSE BILL NO. 3283,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

The President signed:

      ENGROSSED SENATE BILL NO. 5927,

      SENATE BILL NO. 6204,

      SUBSTITUTE SENATE BILL NO. 6306,

      SUBSTITUTE SENATE BILL NO. 6317,

      SUBSTITUTE SENATE BILL NO. 6340,

      SUBSTITUTE SENATE BILL NO. 6423,

      SUBSTITUTE SENATE BILL NO. 6602,

      SUBSTITUTE SENATE BILL NO. 6678,

      SUBSTITUTE SENATE BILL NO. 6726,

 

MESSAGE FROM THE HOUSE

 

March 4, 2008

 

MR. PRESIDENT:

 

      The House has passed SENATE BILL NO. 6739, with the following amendment: 6739 AMH HCW H5784.2

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 71.05.020 and 2007 c 375 s 6 and 2007 c 191 s 2 are each reenacted and amended to read as follows:

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

      (1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;


      (2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;

      (3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;

      (4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;

      (5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;

      (6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;

      (7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;

      (8) "Department" means the department of social and health services;

      (9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;

      (10) "Designated crisis responder" means a mental health professional appointed by the county or the regional support network to perform the duties specified in this chapter;

      (11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;

      (12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;

      (13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;

      (14) "Developmental disability" means that condition defined in RCW 71A.10.020(3);

      (15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;

      (16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

      (17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

      (18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;

      (19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;

      (20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;

      (21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:

      (a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

      (b) The conditions and strategies necessary to achieve the purposes of habilitation;

      (c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;

      (d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

      (e) The staff responsible for carrying out the plan;

      (f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and

      (g) The type of residence immediately anticipated for the person and possible future types of residences;

      (22) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;

      (23) "Likelihood of serious harm" means:

      (a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or

      (b) The person has threatened the physical safety of another and has a history of one or more violent acts;

      (24) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;

      (25) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

      (26) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

      (27) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;


      (28) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

      (29) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing.

      (30) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;

      (((30))) (31) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;

      (((31))) (32) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;

      (((32))) (33) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;

      (((33))) (34) "Release" means legal termination of the commitment under the provisions of this chapter;

      (((34))) (35) "Resource management services" has the meaning given in chapter 71.24 RCW;

      (((35))) (36) "Secretary" means the secretary of the department of social and health services, or his or her designee;

      (((36))) (37) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary;

      (((37))) (38) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others;

      (((38))) (39) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

      Sec. 2. RCW 71.05.215 and 1997 c 112 s 16 are each amended to read as follows:

      (1) A person found to be gravely disabled or presents a likelihood of serious harm as a result of a mental disorder has a right to refuse antipsychotic medication unless it is determined that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication in the best interest of that person.

      (2) The department shall adopt rules to carry out the purposes of this chapter. These rules shall include:

      (a) An attempt to obtain the informed consent of the person prior to administration of antipsychotic medication.

      (b) For short-term treatment up to thirty days, the right to refuse antipsychotic medications unless there is an additional concurring medical opinion approving medication by a psychiatrist, psychiatric advanced registered nurse practitioner, or physician in consultation with a mental health professional with prescriptive authority.

      (c) For continued treatment beyond thirty days through the hearing on any petition filed under RCW ((71.05.370(7))) 71.05.217, the right to periodic review of the decision to medicate by the medical director or designee.

      (d) Administration of antipsychotic medication in an emergency and review of this decision within twenty-four hours. An emergency exists if the person presents an imminent likelihood of serious harm, and medically acceptable alternatives to administration of antipsychotic medications are not available or are unlikely to be successful; and in the opinion of the physician or psychiatric advanced registered nurse practitioner, the person's condition constitutes an emergency requiring the treatment be instituted prior to obtaining a second medical opinion.

      (e) Documentation in the medical record of the ((physician's)) attempt by the physician or psychiatric advanced registered nurse practitioner to obtain informed consent and the reasons why antipsychotic medication is being administered over the person's objection or lack of consent.

      Sec. 3. RCW 71.05.217 and 1997 c 112 s 31 are each amended to read as follows:

      Insofar as danger to the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course of treatment, or committed for treatment and evaluation pursuant to this chapter shall have, in addition to other rights not specifically withheld by law, the following rights, a list of which shall be prominently posted in all facilities, institutions, and hospitals providing such services:

      (1) To wear his or her own clothes and to keep and use his or her own personal possessions, except when deprivation of same is essential to protect the safety of the resident or other persons;

      (2) To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;

      (3) To have access to individual storage space for his or her private use;

      (4) To have visitors at reasonable times;

      (5) To have reasonable access to a telephone, both to make and receive confidential calls;

      (6) To have ready access to letter writing materials, including stamps, and to send and receive uncensored correspondence through the mails;

      (7) Not to consent to the administration of antipsychotic medications beyond the hearing conducted pursuant to RCW 71.05.320(((2))) (3) or the performance of electroconvulsant therapy or surgery, except emergency life-saving surgery, unless ordered by a court of competent jurisdiction pursuant to the following standards and procedures:

      (a) The administration of antipsychotic medication or electroconvulsant therapy shall not be ordered unless the petitioning party proves by clear, cogent, and convincing evidence that there exists a compelling state interest that justifies overriding the patient's lack of consent to the administration of antipsychotic medications or electroconvulsant therapy, that the proposed treatment is necessary and effective, and that medically acceptable alternative forms of treatment are not available, have not been successful, or are not likely to be effective.

      (b) The court shall make specific findings of fact concerning: (i) The existence of one or more compelling state interests; (ii) the necessity and effectiveness of the treatment; and (iii) the person's desires regarding the proposed treatment. If the patient is unable to make a rational and informed decision about consenting to or refusing the proposed treatment, the court shall make a substituted judgment for the patient as if he or she were competent to make such a determination.

      (c) The person shall be present at any hearing on a request to administer antipsychotic medication or electroconvulsant therapy filed pursuant to this subsection. The person has the right: (i) To be represented by an attorney; (ii) to present evidence; (iii) to cross-examine witnesses; (iv) to have the rules of evidence enforced; (v) to remain silent; (vi) to view and copy all petitions and reports in the court file; and (vii) to be given reasonable notice and an opportunity to prepare for the hearing. The court may appoint a psychiatrist, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, or physician to examine and testify on behalf of such person. The court shall appoint a psychiatrist, psychiatric advanced registered nurse practitioner, psychologist within their scope of practice, or physician designated by such person or the person's counsel to testify on behalf of the person in cases where an order for electroconvulsant therapy is sought.

      (d) An order for the administration of antipsychotic medications entered following a hearing conducted pursuant to this section shall be effective for the period of the current involuntary treatment order, and any interim period during which the person is awaiting trial or hearing on a new petition for involuntary treatment or involuntary medication.

      (e) Any person detained pursuant to RCW 71.05.320(((2))) (3), who subsequently refuses antipsychotic medication, shall be entitled to the procedures set forth in ((RCW 71.05.217(7))) this subsection.

      (f) Antipsychotic medication may be administered to a nonconsenting person detained or committed pursuant to this chapter without a court order pursuant to RCW 71.05.215(2) or under the following circumstances:

      (i) A person presents an imminent likelihood of serious harm;

      (ii) Medically acceptable alternatives to administration of antipsychotic medications are not available, have not been successful, or are not likely to be effective; and

      (iii) In the opinion of the physician or psychiatric advanced registered nurse practitioner with responsibility for treatment of the person, or his or her designee, the person's condition constitutes an emergency requiring the treatment be instituted before a judicial hearing as authorized pursuant to this section can be held.

      If antipsychotic medications are administered over a person's lack of consent pursuant to this subsection, a petition for an order authorizing the administration of antipsychotic medications shall be filed on the next judicial day. The hearing shall be held within two judicial days. If deemed necessary by the physician or psychiatric advanced registered nurse practitioner with responsibility for the treatment of the person, administration of antipsychotic medications may continue until the hearing is held;

      (8) To dispose of property and sign contracts unless such person has been adjudicated an incompetent in a court proceeding directed to that particular issue;

      (9) Not to have psychosurgery performed on him or her under any circumstances."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Franklin moved that the Senate concur in the House amendment(s) to Senate Bill No. 6739.

      Senator Franklin spoke in favor of the motion.

 

MOTION

 

On motion of Senator Brandland, Senator Zarelli was excused.

 

MOTION

 

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

 

The President declared the question before the Senate to be the motion by Senator Franklin that the Senate concur in the House amendment(s) to Senate Bill No. 6739.

The motion by Senator Franklin carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6739 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6739, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6739, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

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

      Absent: Senators Hargrove and Kline - 2

      Excused: Senators Brown, Prentice and Zarelli - 3

SENATE BILL NO. 6739, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6743, with the following amendment: 6743-S AMH ENGR H5987.E

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28A.155 RCW to read as follows:

      (1) To the extent funds are appropriated for this purpose, by September 1, 2008, the office of the superintendent of public instruction shall print and distribute the autism guidebook as developed by the caring for Washington individuals with autism task force and make it and other relevant materials available through the department of health, department of social and health services, and the office of the superintendent of public instruction web sites and other methods as appropriate. The office of the superintendent of public instruction shall provide copies of the autism guidebook to educational service districts, school districts, and appropriate school level employees, as well as to those parent advocacy groups and other educational staff who request copies. The autism guidebook shall include, but not be limited to, the following guidelines to address the unique needs of students with autism:


      (a) Extended educational programming, including extended day and extended school year services, that consider the duration of programs and settings based on an assessment of behavior, social skills, communication, academics, and self-help skills;

      (b) Daily schedules reflecting minimal unstructured time and active engagement in learning activities, including lunch, snack, and recess, and providing flexibility within routines that are adaptable to individual skill levels and assist with schedule changes, such as field trips, substitute teachers, and pep rallies;

      (c) In-home and community-based training or a viable alternative that assists the student with acquisition of social and behavioral skills, including strategies that facilitate maintenance and generalization of those skills from home to school, school to home, home to community, and school to community;

      (d) Positive behavior support strategies based on information, such as:

      (i) Antecedent manipulation, replacement behaviors, reinforcement strategies, and data-based decisions; and

      (ii) A behavior intervention plan developed from a functional behavioral assessment that uses current data related to target behaviors and addresses behavioral programming across home, school, and community-based settings;

      (e) Beginning at any age, futures planning for integrated living, work, community, and educational environments that considers skills necessary to function in current and postsecondary environments;

      (f) Parent and family training and support, provided by qualified personnel with experience in autism spectrum disorder, that:

      (i) Provides a family with skills necessary for a child to succeed in the home and community setting;

      (ii) Includes information regarding resources such as parent support groups, workshops, videos, conferences, and materials designed to increase parent knowledge of specific teaching and management techniques related to the child's curriculum; and

      (iii) Facilitates parental carryover of in-home training and includes strategies for behavior management and developing structured home environments and communication training so that parents are active participants in promoting the continuity of interventions across all settings;

      (g) A suitable staff-to-student ratio appropriate to identified activities and as needed to achieve social and behavioral progress based on the child's developmental and learning level, including acquisition, fluency, maintenance, and generalization, that encourages work towards individual independence as determined by:

      (i) Adaptive behavior evaluation results;

      (ii) Behavioral accommodation needs across settings; and

      (iii) Transitions within the school day;

      (h) Communication interventions, including language forms and functions that enhance effective communication across settings, such as augmentative, incidental, and naturalistic teaching;

      (i) Social skills supports and strategies based on social skills assessment and curriculum and provided across settings, for example trained peer facilitators such as a circle of friends, video modeling, social stories, and role playing;

      (j) Professional educator and staff support, such as training provided to personnel who work with students to assure the correct implementation of techniques and strategies described in the individualized education programs; and

      (k) Teaching strategies based on peer reviewed and research-based practices for students with autism spectrum disorder, such as those associated with discrete-trial training, visual supports, applied behavior analysis, structured learning, augmentative communication, or social skills training.

      (2) By December 1, 2008, the professional educator standards board and the office of the superintendent of public instruction shall, in collaboration with the educational service districts, local school districts, and the autism center at the University of Washington as appropriate, develop recommendations for autism awareness instruction and methods of teaching students with autism for all educator preparation and professional development programs. It is the intent of the legislature that the recommendations shall be designed with the goal of ensuring that educators and classified staff who work with children with autism are well prepared and up-to-date on the most effective methods of teaching children with autism. The recommendations shall be submitted to the governor and the education committees of the legislature and shall be made available to school districts on the office of the superintendent of public instruction's web site. The professional educator standards board and the office of the superintendent of public instruction may each submit its recommendations separately or the recommendations may be submitted jointly. The recommendations shall at a minimum:

      (a) Establish a date by which all candidates for a Washington instructional certificate shall be required to satisfactorily complete instruction in autism awareness and methods of teaching students with autism at an accredited institution of higher education; and

      (b) Establish appropriate professional development requirements for existing teachers that incorporate methods for teaching students with autism.

      (3) If the legislature formally approves the recommendations through the omnibus appropriations act or by statute or concurrent resolution, by July 1, 2009, each school district shall use the recommendations developed under subsection (2) of this section to develop and adopt a school district policy regarding recommended and required professional development for teachers and appropriate classified staff.

      NEW SECTION. Sec. 2. A new section is added to chapter 28A.155 RCW to read as follows:

      (1) To the extent funds are appropriated for this purpose, by September 1, 2008, the office of the superintendent of public instruction, in collaboration with the department of health, the department of social and health services, educational service districts, local school districts, the autism center at the University of Washington, and the autism society of Washington, shall distribute information on child find responsibilities under Part B and Part C of the federal individuals with disabilities education act, as amended, to agencies, districts, and schools that participate in the location, evaluation, and identification of children who may be eligible for early intervention services or special education services.

      (2) To the extent funds are made available, by September 1, 2008, the office of the superintendent of public instruction, in collaboration with the department of health and the department of social and health services, shall develop posters to be distributed to medical offices and clinics, grocery stores, and other public places with information on autism and how parents can gain access to the diagnosis and identification of autism and contact information for services and support. These must be made available on the internet for ease of distribution."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Rasmussen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6743.

      Senator Rasmussen spoke in favor of the motion.

 

MOTION

 

On motion of Senator Regala, Senators Hargrove and Kline were excused.

 


The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6743.

The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6743 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6743, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6743, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Brown, Kline and Zarelli - 3

SUBSTITUTE SENATE BILL NO. 6743, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 4, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6751, with the following amendment: 6751-S AMH CL H5743.1

      On page 5, line 20, after "council" insert ". Benefits are payable beginning Sunday of the week prior to the week in which the individual begins active participation in the apprenticeship program"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6751.

      Senator Kohl-Welles spoke in favor of the motion.

      Senator Holmquist spoke against the motion.

 

The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6751.

The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6751 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6751, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6751, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

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

      Voting nay: Senators Brandland, Carrell, Delvin, Hewitt, Holmquist, Honeyford, King, McCaslin, Morton, Parlette, Pflug, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 16

      Excused: Senator Brown - 1

SUBSTITUTE SENATE BILL NO. 6751, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6761, with the following amendment: 6761-S AMH ENGR H5845.E

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 90.84.030 and 1998 c 248 s 4 are each amended to read as follows:

      (1) Subject to the requirements of this chapter, the department, through a collaborative process, shall adopt rules for:

      (((1))) (a) Certification, operation, and monitoring of wetlands mitigation banks. The rules shall include procedures to assure that:

      (((a))) (i) Priority is given to banks providing for the restoration of degraded or former wetlands;

      (((b))) (ii) Banks involving the creation and enhancement of wetlands are certified only where there are adequate assurances of success and that the bank will result in an overall environmental benefit; and

      (((c))) (iii) Banks involving the preservation of wetlands or associated uplands are certified only when the preservation is in conjunction with the restoration, enhancement, or creation of a wetland, or in other exceptional circumstances as determined by the department consistent with this chapter;

      (((2))) (b) Determination and release of credits from banks. Procedures regarding credits shall authorize the use and sale of credits to offset adverse impacts and the phased release of credits as different levels of the performance standards are met;

      (((3))) (c) Public involvement in the certification of banks, using existing statutory authority;

      (((4))) (d) Coordination of governmental agencies, including early notification of the local government where the bank is located;

      (((5))) (e) Establishment of criteria for determining service areas for each bank in accordance with subsection (2) of this section;

      (((6))) (f) Performance standards; and

      (((7))) (g) Long-term management, financial assurances, and remediation for certified banks.

      (2) The criteria for determining service areas under subsection (1)(e) of this section shall include a requirement that restricts the maximum extent of the service area of a wetlands mitigation bank to the water resource inventory area (WRIA) as established under chapter 173-500 WAC in which the bank is located except where a service area may include parts of other WRIAs if it is ecologically defensible and appropriate.

      (3) Before adopting rules under this chapter, the department shall submit the proposed rules to the appropriate standing committees of the legislature. By January 30, 1999, the department shall submit a report to the appropriate standing committees of the legislature on its progress in developing rules under this chapter.

      Sec. 2. RCW 90.84.040 and 1998 c 248 s 5 are each amended to read as follows:

      (1) The department may certify only those banks that meet the requirements of this chapter. Certification shall be accomplished through a banking instrument. The local jurisdiction in which the bank is located shall be signatory to the banking instrument.

      (2) For a bank for which an application for a banking instrument was filed January 1, 2008, or thereafter, the department may not certify a bank without local approval of the bank. The local jurisdiction in which the bank is located has final approval over the certification of the mitigation bank. If the local government approves the bank, it shall be a signatory to the banking instrument.

      (3) State agencies and local governments may approve use of credits from a bank for any mitigation required under a permit issued or approved by that state agency or local government to compensate for the proposed impacts of a specific public or private project."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Murray moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6761.

      Senator Murray spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Murray that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6761.

The motion by Senator Murray carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6761 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6761, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6761, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.

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

      Voting nay: Senator Zarelli - 1

      Absent: Senator Weinstein - 1

      Excused: Senator Brown - 1

SUBSTITUTE SENATE BILL NO. 6761, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6804, with the following amendment: 6804-S AMH CB H5881.1

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 28B.50 RCW to read as follows:

      (1) Subject to funding provided specifically for the purposes of this section, the state board for community and technical colleges, in consultation with the exclusive bargaining representative of individual providers under RCW 74.39A.270, shall allocate capital grants on a competitive basis to up to four community college pilot sites for the delivery of training and workforce development services for long-term care workers required under chapter 74.39A RCW. Moneys must be used to renovate or expand existing community college facilities, or to acquire land and facilities in close proximity to a community college campus, to accommodate programs that provide home and community-like long-term care settings, including the installation of durable medical equipment such as assistive devices, lifts, and remote technologies. Community colleges eligible to participate in the pilot program must be located in a county with a population of two hundred thousand or more. Priority consideration must be given to community college applicants: (a) With existing allied health care programs; and (b) that can demonstrate tangible commitments to the project by business or other community partners.

      (2) This section expires July 1, 2015.

      NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:

      By December 1, 2014, the state board for community and technical colleges shall file a report with the capital budget and higher education committees of the legislature regarding the pilot program created in section 1 of this act. With respect to each community college pilot site, the report shall include the following:

      (1) The number of long-term care workers trained prior to the college's participation in the pilot program and duration or extent of such training;

      (2) The number of long-term care workers trained subsequent to the college's participation in the pilot program and duration or extent of such training;

      (3) The identity of community and business partners providing tangible commitments to each pilot site, together with a detailed description of those tangible commitments; and

      (4) The amount of the grant moneys received, dates of receipt, and a detailed description, including costs, of the renovation, expansion, and acquisitions associated with the grant moneys.

      NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act or the omnibus capital appropriations act, this act is null and void."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 


Senator Kilmer moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6804.

      Senator Kilmer spoke in favor of the motion.

 

MOTION

 

On motion of Senator Regala, Senator Weinstein was excused.

 

The President declared the question before the Senate to be the motion by Senator Kilmer that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6804.

The motion by Senator Kilmer carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6804 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6804, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6804, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Brown and Weinstein - 2

SUBSTITUTE SENATE BILL NO. 6804, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6805, with the following amendment: 6805-S AMH APP H5893.1

      Strike everything after the enacting clause and insert the following:

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

      (a) Farmers and small forest landowners should be encouraged through the use of incentives to conserve and restore natural areas on their farms and small tree farming operations in ways that improve the long-term viability of these operations by providing ongoing revenue to these operations without taking whole farms or significant amounts of farmland or small tree farming operations out of production;

      (b) Farmers and small forest landowners have the ability to produce restoration products as well as implement conservation practices on their productive agricultural lands and small tree farms in a way that is likely to be useful to fulfill the mitigation, compliance, and other environmental needs of public agencies such as the Washington state department of transportation, and to meet other market demands such as the availability of feed or conditions for overwintering of migratory waterfowl or for conserving and enhancing fish and wildlife habitat;

      (c) Family farmers and family-owned small tree farming operations currently produce environmental benefits that would cost millions of dollars to replace with man-made infrastructure. Among these benefits are water filtration, floodwater dispersal, fish and wildlife habitat, open spaces, and scenic views;

      (d) Other communities in the United States have established conservation markets in which landowners are paid to produce such restoration products; and

      (e) The use of such markets could provide much needed income to sustain the viability of Washington farmers and small forest landowners, meet mitigation and compliance needs, accelerate permitting of public infrastructure, and provide environmental benefits.

      (2) Therefore, the legislature finds that it is good public policy to evaluate the feasibility and potential effectiveness of conservation markets in Washington state that provide dual benefits of improving the viability of agriculture and providing environmental or fish and wildlife benefits.

      NEW SECTION. Sec. 2. (1) Subject to the availability of amounts appropriated for this purpose, the commission shall conduct a study to evaluate the feasibility and desirability of establishing farm-based or forest-based conservation markets in Washington. The commission may enter into a contract with an entity that has the knowledge and experience of agriculture and of conservation markets for this effort. The commission, entity, or both shall:

      (a) Evaluate other conservation markets in operation in the United States that provide ongoing revenue to improve the long-term viability of family farms and small forestry operations, including those focused on water quality trading, endangered species conservation banking, rental of environmental benefits, and wetland banking, to determine relevant lessons for Washington conservation markets;

      (b) Collaborate with Washington farm organizations, small forestry landowner organizations, key farm community leaders, agricultural special purpose districts, local governments, and relevant natural resource agencies to:

      (i) Determine interests, needs, and concerns about participating in a conservation market;

      (ii) Assess the market-ready environmental maintenance, restoration, and enhancement products that could profitably and dependably be produced on farms and small forestry operations, including endangered species habitat, wetlands, water quality treatment, carbon sequestration, biodiversity, and other fish and wildlife habitat; and

      (iii) Identify opportunities for conservation markets that could provide ongoing revenue to improve the long-term viability of family farming and small forestry operations and could supplement existing conservation programs currently used by landowners, such as the conservation reserve enhancement program, and increased use of the public benefit rating system;

      (c) Work with the Washington state department of transportation, utility districts, local road departments, and other public agencies to determine potential demand for restoration products produced on farms and small forestry operations to fulfill upcoming mitigation and compliance needs. The underlying analysis shall emphasize demand associated with construction of roads, utilities, and other public structures, as well as periodic repermitting of wastewater and other public utilities;

      (d) Forecast market activity, including the potential supply of restoration products, including those produced through existing restoration programs, and the potential demand for such products to address mitigation, compliance, and other environmental needs and other market demands. This analysis shall also identify services, materials, technical assistance, financing, and other support that would facilitate the use of conservation markets;

      (e) Consult with the Washington departments of ecology and fish and wildlife, the United States army corps of engineers, and local government permitting agencies to determine their willingness to use farm-produced restoration products to fulfill mitigation and compliance needs and also evaluate changes in rules and policy that would facilitate permitting of conservation market activities;

      (f) Consult with the Northwest Indian fisheries commission and individual Indian tribes to determine their interest in and potential support of conservation markets;

      (g) Coordinate with the department of agriculture regarding the "Future of Farming" project, the William D. Ruckelshaus Center on its activities relating to chapter 353, Laws of 2007, the office of farmland preservation and the office's efforts to retain farmland in agricultural production, the Washington biodiversity project, the department of ecology regarding its "Mitigation that Works" project, and the office of regulatory assistance on its integrated project review and mitigation project to ensure consistency with these efforts; and

      (h) Develop findings and recommendations on the feasibility and desirability of creating farm-based and forest-based conservation markets in Washington state.

      (2) If the study determines that farm-based conservation markets are feasible and desirable, the commission, contracting entity, or both, shall conduct two demonstration projects in Washington farm communities. The commission, entity, or both shall:

      (a) Select demonstration project areas that have a combination of enthusiastic farmers, a substantial supply of potential restoration products from farms, potential for public and private cost-sharing of project costs, and upcoming development or permitting activity that is likely to trigger significant mitigation and compliance demands;

      (b) Identify and map areas of highly productive agricultural activity and work with the departments of ecology and fish and wildlife to identify locations of high-priority wetland and habitat restoration or water quality improvement to ensure that conservation market-driven restoration does not infringe on highly productive farmland;

      (c) Identify up to three potential credit transactions in each demonstration project area and work with relevant farmers, permittees, and permitting agencies to facilitate transactions in mitigation and compliance credits;

      (d) Work with the department of ecology and other relevant permitting agencies to develop standards for approval of conservation market transactions to fulfill mitigation and compliance requirements and to identify priority areas for focusing conservation market sites based on the highest ecological benefits for the watershed and the restoration of ecosystem processes that minimize impacts to high quality agricultural lands;

      (e) Work with conservation districts to determine district interest in participation in a conservation markets program, including a determination of district capacity and resources to participate in such a program;

      (f) Evaluate options for facilitating conservation market transactions, including the use of farmer cooperatives, brokerage services, and banks; and

      (g) Develop findings on the results of the demonstration projects and the implications for broader use of farm-based conservation markets in Washington state.

      (3) As used in this act:

      (a) "Commission" means the Washington state conservation commission.

      (b) "Conservation market" means a farm or forest-based market for selling credits for wetland or habitat restoration or water quality cleanup to agencies in need of such credits to fulfill environmental mitigation, compliance requirements, and other environmental needs. The term shall also be broadly interpreted to include any program that provides ongoing revenue to sustain the long-term viability of farms and small forestry operations as a result of maintaining or enhancing environmental benefits such as open space, fish and wildlife habitat, floodwater dispersal, water filtration, buffers from more intense development, or any other environmental benefit resulting from the ongoing operation of the farm.

      (c) "Small forest landowner" has the same meaning as in RCW 76.09.450.

      (4) The commission shall present findings and recommendations from the conservation markets study to the governor and appropriate committees of the legislature by December 1, 2008. The findings and recommendations shall include:

      (a) Findings regarding the match between the availability of farm-produced and forestry-produced restoration products and the demand for such products associated with mitigation and compliance for public agency projects and activities in the demonstration project area;

      (b) Findings regarding the interests and capabilities of farmers, small forest landowners, public development agencies, and permitting agencies to participate in the demonstration conservation market;

      (c) Findings regarding the likelihood that farm-based and forest-based conservation markets could provide a successful mechanism for addressing mitigation, compliance, and other environmental needs for public construction projects and permitting of public utilities; and

      (d) Recommendations on whether to proceed to the initiation of demonstration projects.

      (5) If the project proceeds into the demonstration project phase, the commission shall present findings and recommendations regarding the conservation markets' demonstration projects to the governor and appropriate committees of the legislature by December 1, 2009. The findings and recommendations shall include:

      (a) Findings on the ability to produce conservation market-ready restoration and clean-up projects without infringing on high-quality farmland;

      (b) Findings on standards for review and approval of conservation market transactions in permitting processes;

      (c) Findings on potential conservation market transactions in the demonstration project areas;

      (d) Recommendations on measures that the Washington state department of transportation and other state agencies can take to facilitate their use of conservation markets to fulfill mitigation and compliance needs and waterfowl or wildlife habitat enhancement goals;

      (e) Recommendations on support services that could be provided by state agencies to facilitate conservation markets throughout Washington, including but not limited to financing, permit assistance, technical assistance, materials, and other services.

      (6) This section expires December 31, 2009.

      NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Rasmussen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6805.

      Senator Rasmussen spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6805.

The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6805 by voice vote.


The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6805, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6805, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

      Absent: Senator Tom - 1

      Excused: Senator Brown - 1

SUBSTITUTE SENATE BILL NO. 6805, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6807, with the following amendment: 6807-S AMH .... KNUT 091

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 18.20 RCW to read as follows:

      (1) If a boarding home voluntarily withdraws from participation in a state medicaid program for residential care and services under Chapter 74.39A, but continues to provide services of the type provided by boarding homes the facility's voluntary withdrawal from participation is not an acceptable basis for the transfer or discharge of residents of the facility (a) who were receiving medicaid on the day before the effective date of the withdrawal; or (b) who have been paying the facility privately for at least two years and who become eligible for medicaid within one hundred eighty days of the date of withdrawal.

      (2) A boarding home that has withdrawn from the state medicaid program for residential care and services under Chapter 74.39A, must provide the following oral and written notices to prospective residents. The written notice must be prominent and must be written on a page that is separate from the other admission documents. The notice shall provide that:

      (a) The facility will not participate in the medicaid program with respect to that resident; and

      (b) The facility may transfer or discharge the resident from the facility for nonpayment, even if the resident becomes eligible for medicaid.

      (3) Notwithstanding any other provision of this section, the medicaid contract under Chapter 74.39A RCW that exists on the day the facility withdraws from Medicaid participation is deemed to continue in effect as to the persons described in subsection (1) for the purposes of :

      (a) Department payments for the residential care and services provided to such persons;

      (b) Maintaining compliance with all requirements of the medicaid contract between the department and the facility; and

      (c) Ongoing inspection, contracting, and enforcement authority under the medicaid contract, regulations, and law.

      (4) Except as provided in subsections (1) of this section, this section shall not apply to a person who begins residence in a facility on or after the effective date of the facility's withdrawal from participation in the medicaid program for residential care and services.

      (5) A boarding home that is providing residential care and services under Chapter 74.39A shall give the department and its residents sixty days advance notice of the facility's intent to withdraw from participation in the medicaid program.

      (6) (a) Prior to admission to the facility, a boarding home participating in the state medicaid program for residential care and services under Chapter 74.39A must provide the following oral and written notices to prospective residents. The written notice must be prominent and must be written on a page that is separate from the other admission documents, and must provide that:

      ( i ) In the future, the facility may choose to withdraw from participating in the medicaid program;

      ( ii ) If the facility withdraws from the medicaid program, it will continue to provide services to residents (A) who were receiving medicaid on the day before the effective date of the withdrawal; or (B) who have been paying the facility privately for at least two years and who will become eligible for medicaid within one hundred eighty days of the date of withdrawal;

      ( iii ) After a facility withdraws from the medicaid program, it may transfer or discharge residents who do not meet the criteria described in this subsection (a) for nonpayment, even if the resident becomes eligible for medicaid.

      Sec. 2. RCW 70.129.110 and 1997 c 392 s 205 are each amended to read as follows:

      (1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:

      (a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;

      (b) The safety of individuals in the facility is endangered;

      (c) The health of individuals in the facility would otherwise be endangered;

      (d) The resident has failed to make the required payment for his or her stay; or

      (e) The facility ceases to operate.

      (2) All long-term care facilities shall fully disclose to potential residents or their legal representative the service capabilities of the facility prior to admission to the facility. If the care needs of the applicant who is medicaid eligible are in excess of the facility's service capabilities, the department shall identify other care settings or residential care options consistent with federal law.

      (3) All long-term care facilities shall fully disclose in writing to residents and potential residents or their legal representative the facility policy on accepting medicaid as a payment source. The policy shall clearly and plainly state the circumstances under which the facility will care for persons who are eligible for medicaid upon admission or who may later become eligible for medicaid. Disclosure must be provided prior to admission, and the facility must retain a copy of the disclosure signed by the resident or their legal representative. The facility policy on medicaid as a payment source as of the date of the resident's admission to the facility shall be considered a legally binding contract between the resident and the facility.

      (((3)))(4) Before a long-term care facility transfers or discharges a resident, the facility must:

      (a) First attempt through reasonable accommodations to avoid the transfer or discharge, unless agreed to by the resident;

      (b) Notify the resident and representative and make a reasonable effort to notify, if known, an interested family member of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand;


      (c) Record the reasons in the resident's record; and

      (d) Include in the notice the items described in subsection (((5)))(6) of this section.

      (((4)))(5)(a) Except when specified in this subsection, the notice of transfer or discharge required under subsection (((3)))(4) of this section must be made by the facility at least thirty days before the resident is transferred or discharged.

      (b) Notice may be made as soon as practicable before transfer or discharge when:

      (i) The safety of individuals in the facility would be endangered;

      (ii) The health of individuals in the facility would be endangered;

      (iii) An immediate transfer or discharge is required by the resident's urgent medical needs; or

      (iv) A resident has not resided in the facility for thirty days.

      (((5)))(6) The written notice specified in subsection (((3)))(4) of this section must include the following:

      (a) The reason for transfer or discharge;

      (b) The effective date of transfer or discharge;

      (c) The location to which the resident is transferred or discharged;

      (d) The name, address, and telephone number of the state long-term care ombudsman;

      (e) For residents with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the developmental disabilities assistance and bill of rights act; and

      (f) For residents who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the protection and advocacy for mentally ill individuals act.

      (((6)))(7) A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.

      (((7)))(8) A resident discharged in violation of this section has the right to be readmitted immediately upon the first availability of a gender-appropriate bed in the facility.

      NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, except for section 2 which applies retroactively to September 1, 2007."

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kastama moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6807.

      Senators Kastama and Pflug spoke in favor of passage of the motion.

 

The President declared the question before the Senate to be the motion by Senator Kastama that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6807.

The motion by Senator Kastama carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6807 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6807, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6807, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

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

      Voting nay: Senators McCaslin and Morton - 2

      Excused: Senator Brown - 1

SUBSTITUTE SENATE BILL NO. 6807, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6874, with the following amendment: 6874-S2.E AMH ENGR H5875.E

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 90.90 RCW to read as follows:

      (1) In 2006, the legislature enacted chapter 6, Laws of 2006, an act relating to water resource management in the Columbia river basin. In its enactment, the legislature established that a key priority of water resource management in the Columbia river basin is the development of new water supplies to meet economic and community development needs concurrent with instream flow needs.

      (2) Consistent with this intent, the governor and the legislature are in agreement with the Confederated Tribes of the Colville Reservation and the Spokane Tribe of Indians to support additional releases of water from Lake Roosevelt. Because the sovereign and proprietary interests of these tribal governments are directly affected by water levels in Lake Roosevelt, the state intends to share a portion of the benefits derived from Lake Roosevelt water releases and to mitigate for any impacts such releases may have upon the tribes.

      (3) These new releases of Lake Roosevelt water of approximately eighty-two thousand five hundred acre feet of water, increasing to no more than one hundred thirty-two thousand five hundred acre feet of water in drought years, will bolster the state economy and will meet the following critical needs: New surface water supplies for farmers to replace the use of diminishing groundwater in the Odessa aquifer; new water supplies for municipalities with pending water right applications; enhanced certainty for agricultural water users with water rights that are interruptible during times of drought; and water to increase flows in the river when salmon need it most.

      (4) Nothing in chapter . . . , Laws of 2008 (this act) expands, impairs, or otherwise affects the existing status and sovereignty of the tribal governments involved in Lake Roosevelt water releases pursuant to this section and section 2 of this act.

      NEW SECTION. Sec. 2. A new section is added to chapter 90.90 RCW to read as follows:

      (1) The Columbia river water delivery account is created in the state treasury. Moneys in the account may be spent only after appropriation. The account consists of all moneys transferred or appropriated to the account by law. The legislature may appropriate moneys in the account:


      (a) For distributions for purposes of section 1 of this act as provided in this section; and

      (b) To the department of ecology for other purposes relating to implementation of sections 1 and 3 of this act.

      (2) On July 1, 2008, and each July 1st thereafter for the duration of the agreements described in section 1 of this act, the state treasurer shall transfer moneys from the general fund into the Columbia river water delivery account in the amounts described in subsection (3) of this section.

      (3) Subject to appropriations, on July 1, 2008, and each July 1st thereafter, the state treasurer shall distribute moneys from the Columbia river water delivery account as follows:

      (a) To the Confederated Tribes of the Colville Reservation, on July 1, 2008, the sum of three million seven hundred seventy-five thousand dollars; and on July 1, 2009, the sum of three million six hundred twenty-five thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change on the implicit price deflator for personal consumption expenditures for the United States for the previous calendar year, as compiled by the bureau of economic analysis of the United States department of commerce and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency.

      (b) To the Spokane Tribe of Indians, on July 1, 2008, the sum of two million two hundred fifty thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change in the consumer price index for the Washington state Seattle-Tacoma-Bremerton consolidated metropolitan statistical area for the previous calendar year as compiled by the bureau of labor statistics, United States department of labor, and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency.

      (4) The state treasurer may not distribute moneys from the Columbia river water delivery account to a tribe pursuant to this section unless the director of ecology has certified in writing to the state treasurer and the legislature that the agreement with the tribes is still in effect.

      NEW SECTION. Sec. 3. A new section is added to chapter 90.90 RCW to read as follows:

      (1) Because the potential impacts of water releases under agreements reached under this chapter on affected counties are unknown, the department of ecology shall, by November 15, 2009:

      (a) Conduct an assessment of the potential impacts, including recommendations for mitigation, and report to appropriate committees of the legislature; and

      (b) Establish a process for identifying and reporting on future impacts on the affected counties, and for making recommendations for mitigation.

      (2) Within the framework of Columbia river basin water resources management under this chapter, the department of ecology shall:

      (a) Provide technical assistance to help affected counties identify and develop competitive project applications to benefit both instream and out-of-stream uses;

      (b) Assist affected counties in exploring options to ensure water resources are available for their current and future needs. Such options include pursuing a memorandum of understanding with the affected counties that is consistent with RCW 90.90.005 to effectuate the purposes of this section. The memorandum of understanding shall be available for public comment for a period of thirty days before being signed by the department; and

      (c) Consider regional equity when making funding decisions on water supply applications.

      (3) As used in this section, "affected counties" means those counties east of the crest of the Cascade mountains with an international border, or those counties east of the crest of the Cascade mountains that border both a county with an international border and a county with four hundred thousand or more residents.

      NEW SECTION. Sec. 4. This act takes effect July 1, 2008.

      NEW SECTION. Sec. 5. 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.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Prentice moved that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 6874.

      Senator Prentice spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Prentice that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 6874.

The motion by Senator Prentice carried and the Senate concurred in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 6874 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 6874, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6874, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6874, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

REPORTS OF STANDING COMMITTEES

 

March 10, 2008

SB 6657             Prime Sponsor, Senator Murray: Including salary bonuses for individuals certified by the national board for professional teaching standards as earnable compensation. Reported by Committee on Ways & Means


 

MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Pridemore, Vice Chair, Operating Budget; Hatfield; Keiser; Kohl-Welles; Oemig; Rasmussen; Regala; Rockefeller and Tom.

 

MINORITY recommendation: Do not pass. Signed by Senator Zarelli.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Parlette; Roach and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 10, 2008

SHB 2585          Prime Sponsor, Committee on Finance: Concerning the business and occupation taxation of newspaper-labeled supplements. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Zarelli; Brandland; Carrell; Hatfield; Hewitt; Hobbs; Keiser; Kohl-Welles; Oemig; Parlette; Rasmussen; Roach; Rockefeller and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 10, 2008

EHB 3360          Prime Sponsor, Representative Hasegawa: Increasing the availability of funds for the time certificate of deposit investment program. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Zarelli; Hatfield; Hobbs; Keiser; Kohl-Welles; Parlette; Rasmussen; Regala; Roach; Rockefeller and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 10, 2008

SHB 3374          Prime Sponsor, Committee on Capital Budget: Concerning state general obligation bonds for flood mitigation and facilities for career and technical education. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Pridemore, Vice Chair, Operating Budget; Zarelli; Brandland; Carrell; Hatfield; Hewitt; Hobbs; Honeyford; Keiser; Kohl-Welles; Oemig; Rasmussen; Regala; Roach and Rockefeller.

 

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Parlette; Schoesler and Tom.

 

Passed to Committee on Rules for second reading.

 

March 10, 2008

HB 3375            Prime Sponsor, Representative Alexander: Appropriating funds for catastrophic flood relief. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Pridemore, Vice Chair, Operating Budget; Zarelli; Brandland; Carrell; Hatfield; Hewitt; Hobbs; Honeyford; Keiser; Kohl-Welles; Oemig; Parlette; Rasmussen; Regala; Roach; Rockefeller and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 10, 2008

ESHCR 4408     Prime Sponsor, Committee on Higher Education: Requesting approval of the statewide strategic master plan for higher education. Reported by Committee on Ways & Means

 

MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Zarelli; Brandland; Carrell; Hatfield; Hewitt; Honeyford; Keiser; Kohl-Welles; Oemig; Parlette; Rasmussen; Regala; Roach; Rockefeller; Schoesler and Tom.

 

Passed to Committee on Rules for second reading.

 

MOTION

 

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

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6932, with the following amendment: 6932-S AMH ROLF BERN 057 & 6932-S AMH SMIN BERN 058

      On page 4, after line 29, insert the following:

      "NEW SECTION. Sec.6. RCW 47.60.385 and 2007 c 512 s 14 are each amended to read as follows:

      (1) Terminal improvement project funding requests must adhere to the capital plan.

      (2) Requests for terminal improvement design and construction funding must be submitted with a predesign study that:

      (a) Includes all elements required by the office of financial management;

      (b) Separately identifies basic terminal elements essential for operation and their costs;

      (c) Separately identifies additional elements to provide ancillary revenue and customer comfort and their costs;

      (d) Includes construction phasing options that are consistent with forecasted ridership increases;

      (e) Separately identifies additional elements requested by local governments and the cost and proposed funding source of those elements;


      (f) Separately identifies multimodal elements and the cost and proposed funding source of those elements; and

      (g) Identifies all contingency amounts.

      (h) When planning for new vessel acquisitions, the department must evaluate the long-term vessel operating costs related to fuel efficiency and staffing."

Correct the title.

      On page 4, after line 29, insert the following:

      "NEW SECTION. Sec. 6. RCW 47.60.335 and 2007 c 512 s 9 are each amended to read as follows:

      (1) Appropriations made for the Washington state ferries capital program may not be used for maintenance costs.

      (2) Appropriations made for preservation projects shall be spent only on preservation and only when warranted by asset condition, and shall not be spent on master plans, right-of-way acquisition, or other nonpreservation items.

      (3) Systemwide and administrative capital program costs shall be allocated to specific capital projects using a cost allocation plan developed by the department. Systemwide and administrative capital program costs shall be identifiable.

      (4) The vessel emergency repair budget may not be used for planned maintenance and inspections of inactive vessels."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Murray moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6932.

      Senator Murray spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Murray that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6932.

The motion by Senator Murray carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6932 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6932, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6932, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Absent: Senator Hargrove - 1

SUBSTITUTE SENATE BILL NO. 6932, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6933 with the following amendment:

6933-S AMH JUDI ZARO 019 and 6933-S AMH JUDI ZARO 021.

      On page 2, line 33, after "conviction;" strike "and"

      On page 2, line 34, after "(g)" insert "Whether the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence; and

   (h)"

      On page 2, beginning on line 35, after “Sec. 3.” strike all material through “(2)” on page 3, line 1

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Marr moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6933.

      Senator Marr spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Marr that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6933.

The motion by Senator Marr carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6933 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6933, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6933, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

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

      Absent: Senators Brown and Weinstein - 2

SUBSTITUTE SENATE BILL NO. 6933, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Eide, Senator Brown was excused.

 

MESSAGE FROM THE HOUSE

 

March 4, 2008

 

MR. PRESIDENT:

 

      The House has passed SENATE BILL NO. 6941, with the following amendment: 6941 AMH ENVH H5761.1


      On page 1, line 18, after "awards" strike "shall" and insert "((shall)) may"

      Beginning on page 1, line 19, after "be" strike all material through "nor" on page 2, line 1, and insert "((a sum of not less than two thousand dollars nor)) no"

      On page 2, line 4, after "dollars" strike "shall" and insert "((shall)) may"

      On page 2, line 7, after "dollars" strike "shall" and insert "((shall)) may"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Eide moved that the Senate concur in the House amendment(s) to Senate Bill No. 6941.

 

The President declared the question before the Senate to be the motion by Senator Eide that the Senate concur in the House amendment(s) to Senate Bill No. 6941.

The motion by Senator Eide carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6941 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6941, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6941, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Brown - 1

SENATE BILL NO. 6941, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Delvin, Senator McCaslin was excused.

 

MOTION

 

At 1:55 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 3:12 p.m. by President Owen.

 

MESSAGE FROM THE HOUSE

 

March 10, 2008

 

MR. PRESIDENT:

The Speaker has signed the following bills:

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5179,

      SUBSTITUTE SENATE BILL NO. 5256,

      SUBSTITUTE SENATE BILL NO. 6060,

      SUBSTITUTE SENATE BILL NO. 6181,

      SENATE BILL NO. 6196,

      SENATE BILL NO. 6216,

      SUBSTITUTE SENATE BILL NO. 6224,

      SENATE BILL NO. 6237,

      SUBSTITUTE SENATE BILL NO. 6246,

      SENATE BILL NO. 6267,

      SUBSTITUTE SENATE BILL NO. 6273,

      SENATE BILL NO. 6275,

      SUBSTITUTE SENATE BILL NO. 6343,

      SENATE BILL NO. 6369,

      SENATE BILL NO. 6398,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6437,

      SENATE BILL NO. 6471,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6532,

      SUBSTITUTE SENATE BILL NO. 6572,

      SENATE BILL NO. 6588,

      ENGROSSED SENATE BILL NO. 6641,

      ENGROSSED SENATE BILL NO. 6663,

      SENATE BILL NO. 6677,

      SUBSTITUTE SENATE BILL NO. 6710,

      SENATE BILL NO. 6717,

      SENATE BILL NO. 6740,

      SUBSTITUTE SENATE BILL NO. 6791,

      SENATE BILL NO. 6799,

      SUBSTITUTE SENATE BILL NO. 6847,

      SUBSTITUTE SENATE BILL NO. 6857,

      SUBSTITUTE SENATE BILL NO. 6879,

      SENATE BILL NO. 6885,

      SENATE JOINT MEMORIAL NO. 8024,

      SENATE JOINT MEMORIAL NO. 8028,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 10, 2008

 

MR. PRESIDENT:

 

The Speaker has signed the following bills:

      ENGROSSED HOUSE BILL NO. 1283,

      HOUSE BILL NO. 1391,

      HOUSE BILL NO. 1493,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1623,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1865,

      HOUSE BILL NO. 2137,

      HOUSE BILL NO. 2283,

      SUBSTITUTE HOUSE BILL NO. 2431,

      HOUSE BILL NO. 2448,

      ENGROSSED HOUSE BILL NO. 2459,

      SUBSTITUTE HOUSE BILL NO. 2475,

      HOUSE BILL NO. 2499,

      HOUSE BILL NO. 2540,

      SUBSTITUTE HOUSE BILL NO. 2560,

      HOUSE BILL NO. 2564,

      SUBSTITUTE HOUSE BILL NO. 2575,

      SUBSTITUTE HOUSE BILL NO. 2580,

      HOUSE BILL NO. 2594,

      HOUSE BILL NO. 2650,

      SUBSTITUTE HOUSE BILL NO. 2661,

      HOUSE BILL NO. 2699,

      HOUSE BILL NO. 2700,

      SUBSTITUTE HOUSE BILL NO. 2727,

      HOUSE BILL NO. 2762,

      SUBSTITUTE HOUSE BILL NO. 2770,


      SUBSTITUTE HOUSE BILL NO. 2823,

      HOUSE BILL NO. 2825,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2847,

      SECOND SUBSTITUTE HOUSE BILL NO. 2870,

      SUBSTITUTE HOUSE BILL NO. 2879,

      SUBSTITUTE HOUSE BILL NO. 2885,

      SUBSTITUTE HOUSE BILL NO. 2893,

      SUBSTITUTE HOUSE BILL NO. 2902,

      SECOND SUBSTITUTE HOUSE BILL NO. 2903,

      HOUSE BILL NO. 2949,

      HOUSE BILL NO. 2955,

      SUBSTITUTE HOUSE BILL NO. 2959,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2996,

      HOUSE BILL NO. 2999,

      SUBSTITUTE HOUSE BILL NO. 3002,

      HOUSE BILL NO. 3011,

      HOUSE BILL NO. 3019,

      HOUSE BILL NO. 3024,

      SUBSTITUTE HOUSE BILL NO. 3071,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 3122,

      SUBSTITUTE HOUSE BILL NO. 3126,

      HOUSE BILL NO. 3200,

      SUBSTITUTE HOUSE BILL NO. 3224,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5905, with the following amendment: 5905-S.E2 AMH MORE MATC 049

      On page 2, line 7, after "(b)" strike all material through "(e)" on line 28.

      On page 2, line 37, insert the following:

      "(c)In processing and approving certificates of capital authorization filed with the department in accordance with subsection (2)(b) of this section, the department shall give priority approval in the following order:

      (i)First priority shall be given to applications for renovation or replacement on existing facilities that incorporate innovative building designs, such as the green house model or other models that create more home-like settings. Of these applications, preference shall be given to the greatest length of time since the last major renovation or construction.

      (ii)Second priority shall be given to renovations of existing facilities with the greatest length of time since their last major renovation or construction.

      (iii) Third priority shall be given to replacements of existing facilities with the greatest length of time since their last major renovation or construction.

      (iv) Last priority shall be given to new facilities and shall be processed on a first-come, first served basis.

      (d) Within the priorities established by this section, applications for certificates of capital authorization that do not receive approval in one state fiscal year because that year's authorization limit has been reached shall have priority the following fiscal year if the applications are resubmitted."

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

      Senator Franklin moved that the Senate refuse to concur in the House amendment(s) to Second Engrossed Substitute Senate Bill No. 5905 and ask the House to recede therefrom.

      Senators Franklin spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Franklin that the Senate refuse to concur in the House amendment(s) to Second Engrossed Substitute Senate Bill No. 5905 and ask the House to recede therefrom.

      The motion by Senator Franklin carried and the Senate refused to concur in the House amendment(s) to Second Engrossed Substitute Senate Bill No. 5905 and asked the House to recede therefrom.

 

MESSAGE FROM THE HOUSE

 

March 7, 2008

 

MR. PRESIDENT:

 

      The House has passed SENATE BILL NO. 6332, with the following amendment: 6332 AMH ORMS H5988.5

      On page 1, after line 3, insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that nonprofit entities have difficulty accessing and competing for tax exempt multifamily bonds issued by the Washington state housing finance commission. In order to facilitate the use of the bonds by nonprofit entities, which will increase the availability and inventory of low-income housing, the legislature intends to provide more opportunities to increase the financial capacity of nonprofit low-income housing developers that have less ability to access the tax-exempt bond program than for-profit housing developers. The legislature finds that to meet these goals, the bond debt capacity of the Washington state housing finance commission should be increased, contingent upon the prioritization of nonprofit housing developers in accessing the program, broader objectives to promote housing density and long-term affordability, and assistance to nonprofit low-income housing developers to increase financial capacity, and therefore ability, to access the program."

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

      On page 1, at the beginning of line 6, insert "(1)"

      On page 1, after line 15, insert the following:

      "(2) The debt limit established in subsection (1) of this section is increased to six billion five hundred million dollars only if sections 2 through 6 of this act take effect by June 30, 2008.

      Sec. 2. RCW 43.180.050 and 1986 c 264 s 1 are each amended to read as follows:

      (1) In addition to other powers and duties prescribed in this chapter, and in furtherance of the purposes of this chapter to provide decent, safe, sanitary, and affordable housing for eligible persons, the commission is empowered to:

      (a) Issue bonds in accordance with this chapter;

      (b) Invest in, purchase, or make commitments to purchase or take assignments from mortgage lenders of mortgages or mortgage loans;

      (c) Make loans to or deposits with mortgage lenders for the purpose of making mortgage loans; and

      (d) Participate fully in federal and other governmental programs and to take such actions as are necessary and consistent with this chapter to secure to itself and the people of the state the benefits of those programs and to meet their requirements, including such actions as the commission considers appropriate in order to have the interest payments on its bonds and other obligations treated as tax exempt under the code.

      (2) The commission shall establish eligibility standards for eligible persons, considering at least the following factors:

      (a) Income;

      (b) Family size;

      (c) Cost, condition and energy efficiency of available residential housing;


      (d) Availability of decent, safe, and sanitary housing;

      (e) Age or infirmity; and

      (f) Applicable federal, state, and local requirements.

      The state auditor shall audit the books, records, and affairs of the commission annually to determine, among other things, if the use of bond proceeds complies with the general plan of housing finance objectives including compliance with the objective for the use of financing assistance ((for implementation of cost-effective energy efficiency measures in dwellings)) to increase the supply of affordable and decent housing throughout the state.

      Sec. 3. RCW 43.180.070 and 1999 c 372 s 11 and 1999 c 131 s 1 are each reenacted and amended to read as follows:

      The commission shall adopt a general plan of housing finance objectives to be implemented by the commission during the period of the plan. The commission may exercise the powers authorized under this chapter prior to the adoption of the initial plan. In developing the plan, the commission shall consider and set objectives for:

      (1) The use of funds for single-family and multifamily housing;

      (2) The use of funds to promote increased housing density;

      (3) The use of funds to promote the provision of affordable housing for the longest period of time possible;

      (4) The use of funds for new construction, rehabilitation, including refinancing of existing debt, and home purchases;

      (((3))) (5) The housing needs of low-income and moderate-income persons and families, and of elderly persons or ((mentally or physically handicapped)) persons with disabilities or mental illness;

      (((4))) (6) The use of funds in coordination with federal, state, and local housing programs for low-income persons;

      (((5))) (7) The use of funds in urban, rural, suburban, and special areas of the state;

      (((6))) (8) The use of financing assistance to stabilize and upgrade declining urban neighborhoods;

      (((7))) (9) The use of financing assistance for economically depressed areas, areas of minority concentration, reservations, and in mortgage-deficient areas;

      (((8))) (10) The geographical distribution of bond proceeds so that the benefits of the housing programs provided under this chapter will be available to address demand on a fair basis throughout the state;

      (((9))) (11) The use of financing assistance for implementation of cost-effective energy efficiency measures in dwellings.

      The plan shall include an estimate of the amount of bonds the commission will issue during the term of the plan and how bond proceeds will be expended.

      The plan shall be adopted by resolution of the commission following at least one public hearing thereon, notice of which shall be made by mailing to the clerk of the governing body of each county and by publication in the Washington State Register no more than forty and no less than twenty days prior to the hearing. A draft of the plan shall be made available not less than thirty days prior to any such public hearing. ((At least every two years,)) The commission shall report to the legislature annually regarding implementation of the plan. The commission shall update the plan every two years.

      ((The commission may periodically update the plan.))

      The commission shall adopt rules designed to result in the use of bond proceeds in a manner consistent with the plan. The commission may periodically update its rules.

      This section is designed to deal only with the use of bond proceeds and nothing in this section shall be construed as a limitation on the commission's authority to issue bonds.

      NEW SECTION. Sec. 4. A new section is added to chapter 43.180 RCW to read as follows:

      The commission must adopt program guidelines to ensure that qualified applications submitted by nonprofit entities are given priority for the use of tax exempt bonds issued under this chapter for multifamily affordable housing developments.

      NEW SECTION. Sec. 5. A new section is added to chapter 43.185 RCW to read as follows:

      The equity program is created in the department to facilitate nonprofit entity use of tax-exempt multifamily bonds issued by the Washington state housing finance commission. The department shall contract with the Washington state housing finance commission to administer the equity program. By December 31, 2008, and annually thereafter, the Washington state housing finance commission must report to the appropriate committees of the legislature, using performance measures, on the activities and accomplishments of the program.

      Sec. 6. RCW 84.36.560 and 2007 c 301 s 1 are each amended to read as follows:

      (1) The real and personal property owned or used by a nonprofit entity in providing rental housing for very low-income households or used to provide space for the placement of a mobile home for a very low-income household within a mobile home park is exempt from taxation if:

      (a) The benefit of the exemption inures to the nonprofit entity;

      (b) At least seventy-five percent of the occupied dwelling units in the rental housing or lots in a mobile home park are occupied by a very low-income household; and

      (c) The rental housing or lots in a mobile home park were insured, financed, or assisted in whole or in part through one or more of the following sources:

      (i) A federal or state housing program administered by the department of community, trade, and economic development;

      (ii) A federal housing program administered by a city or county government;

      (iii) An affordable housing levy authorized under RCW 84.52.105; or

      (iv) The surcharges authorized by RCW 36.22.178 and 36.22.179 and any of the surcharges authorized in chapter 43.185C RCW.

      (2) If less than seventy-five percent of the occupied dwelling units within the rental housing or lots in the mobile home park are occupied by very low-income households, the rental housing or mobile home park is eligible for a partial exemption on the real property and a total exemption of the housing's or park's personal property as follows:

      (a) A partial exemption shall be allowed for each dwelling unit in the rental housing or for each lot in a mobile home park occupied by a very low-income household.

      (b) The amount of exemption shall be calculated by multiplying the assessed value of the property reasonably necessary to provide the rental housing or to operate the mobile home park by a fraction. The numerator of the fraction is the number of dwelling units or lots occupied by very low-income households as of December 31st of the first assessment year in which the rental housing or mobile home park becomes operational or on January 1st of each subsequent assessment year for which the exemption is claimed. The denominator of the fraction is the total number of dwelling units or lots occupied as of December 31st of the first assessment year the rental housing or mobile home park becomes operational and January 1st of each subsequent assessment year for which exemption is claimed.

      (3) If a currently exempt rental housing unit in a facility with ten units or fewer or mobile home lot in a mobile home park with ten lots or fewer was occupied by a very low-income household at the time the exemption was granted and the income of the household subsequently rises above ((fifty percent)) the very low-income household threshold of the median income but remains at or below eighty percent of the median income, the exemption will continue as long as the housing continues to meet the certification requirements of a very low-income housing program listed in subsection (1) of this section. For purposes of this section, median income, as most recently determined by the federal department of housing and urban development for the county in which the rental housing or mobile home park is located, shall be adjusted for family size. However, if a dwelling unit or a lot becomes vacant and is subsequently rerented, the income of the new household must be at or below ((fifty percent)) the very low-income household threshold of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the rental housing or mobile home park is located to remain exempt from property tax.

      (4) If at the time of initial application the property is unoccupied, or subsequent to the initial application the property is unoccupied because of renovations, and the property is not currently being used for the exempt purpose authorized by this section but will be used for the exempt purpose within two assessment years, the property shall be eligible for a property tax exemption for the assessment year in which the claim for exemption is submitted under the following conditions:

      (a) A commitment for financing to acquire, construct, renovate, or otherwise convert the property to provide housing for very low-income households has been obtained, in whole or in part, by the nonprofit entity claiming the exemption from one or more of the sources listed in subsection (1)(c) of this section;

      (b) The nonprofit entity has manifested its intent in writing to construct, remodel, or otherwise convert the property to housing for very low-income households; and

      (c) Only the portion of property that will be used to provide housing or lots for very low-income households shall be exempt under this section.

      (5) To be exempt under this section, the property must be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805.

      (6) The nonprofit entity qualifying for a property tax exemption under this section may agree to make payments to the city, county, or other political subdivision for improvements, services, and facilities furnished by the city, county, or political subdivision for the benefit of the rental housing. However, these payments shall not exceed the amount last levied as the annual tax of the city, county, or political subdivision upon the property prior to exemption.

      (7) As used in this section:

      (a) "Group home" means a single-family dwelling financed, in whole or in part, by one or more of the sources listed in subsection (1)(c) of this section. The residents of a group home shall not be considered to jointly constitute a household, but each resident shall be considered to be a separate household occupying a separate dwelling unit. The individual incomes of the residents shall not be aggregated for purposes of this exemption;

      (b) "Mobile home lot" or "mobile home park" means the same as these terms are defined in RCW 59.20.030;

      (c) "Occupied dwelling unit" means a living unit that is occupied by an individual or household as of December 31st of the first assessment year the rental housing becomes operational or is occupied by an individual or household on January 1st of each subsequent assessment year in which the claim for exemption is submitted. If the housing facility is comprised of three or fewer dwelling units and there are any unoccupied units on January 1st, the department shall base the amount of the exemption upon the number of occupied dwelling units as of December 31st of the first assessment year the rental housing becomes operational and on May 1st of each subsequent assessment year in which the claim for exemption is submitted;

      (d) "Rental housing" means a residential housing facility or group home that is occupied but not owned by very low-income households;

      (e) "Very low-income household" means: (i) A single person, family, or unrelated persons living together whose income is at or below fifty percent of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the rental housing or mobile home space is located and in effect as of January 1st of the year the application for exemption is submitted; or (ii) for properties that have received assistance from the equity program created in section 5 of this act, a single person, family, or unrelated persons living together whose income is at or below sixty percent of the median income adjusted for family size as most recently determined by the federal department of housing and urban development for the county in which the rental housing or mobile home space is located and in effect as of January 1st of the year the application for exemption is submitted; and

      (f) "Nonprofit entity" means a:

      (i) Nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code;

      (ii) Limited partnership where a nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code, a public corporation established under RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority created under RCW 35.82.030 or 35.82.300, or a housing authority meeting the definition in RCW 35.82.210(2)(a) is a general partner; or

      (iii) Limited liability company where a nonprofit as defined in RCW 84.36.800 that is exempt from income tax under section 501(c) of the federal internal revenue code, a public corporation established under RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority established under RCW 35.82.030 or 35.82.300, or a housing authority meeting the definition in RCW 35.82.210(2)(a) is a managing member."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

      Senator Weinstein moved that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 6332 and ask the House to recede therefrom.

 

POINT OF ORDER

 

Senator Honeyford: “Mr. President, I believe the House amendment is outside the scope and object of the underlying bill and I have some arguments to offer on this Mr. President. Thank you Mr. President. The underlying bill did one thing and one thing only. It increased Housing Finance Commission debt up to 4.5 billion to 6.5 billion. This is reflected in the title; ‘An Act relating to an increase of debt from housing finance commission.’ The House amendment goes far beyond the underline bill. Amongst the new items are; additional objectives for the housing finance commission plan to increasing housing density; directing non profits for priority for the use of tax bonds; creating new equity loan program; changing the statutory income threshold for a non-profit tax exemption. Mr. President, these items were in Engrossed Second Substitute House Bill No. 3180 which was not passed off the Senate floor before cut off. The House in a floor amendment yesterday, adds those provisions to Senate Bill No. 6332. Because this amendment is beyond the scope and object of the underlying bill, Mr. President, I ask that you rule the amendment is out of order.”

 

      Senator Weinstein spoke in favor of the point of order.

 

MOTION

 


On motion of Senator Eide, further consideration of Senate Bill No. 6332 was deferred and the bill held its place on the concurrence calendar.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed SUBSTITUTE SENATE BILL NO. 6404, with the following amendment: 6404-S AMH HCW H5787.1

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 71.24 RCW to read as follows:

      In the event that an existing regional support network will no longer be contracting to provide services, it is the intent of the legislature to provide flexibility to the department to facilitate a stable transition which avoids disruption of services to consumers and families, maximizes efficiency and public safety, and maintains the integrity of the public mental health system. By granting this authority and flexibility, the legislature finds that the department will be able to maximize purchasing power within allocated resources and attract high quality organizations with optimal infrastructure to perform regional support network functions through competitive procurement processes. The legislature intends for the department of social and health services to partner with political subdivisions and other entities to provide quality, coordinated, and integrated services to address the needs of individuals with behavioral health needs.

      Sec. 2. RCW 71.24.025 and 2007 c 414 s 1 are each amended to read as follows:

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

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

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

      (b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or

      (c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.

      (2) "Available resources" means funds appropriated for the purpose of providing community mental health programs, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals.

      (3) "Child" means a person under the age of eighteen years.

      (4) "Chronically mentally ill adult" or "adult who is chronically mentally ill" means an adult who has a mental disorder and meets at least one of the following criteria:

      (a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or

      (b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or

      (c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.

      (5) "Clubhouse" means a community-based program that provides rehabilitation services and is certified by the department of social and health services.

      (6) "Community mental health program" means all mental health services, activities, or programs using available resources.

      (7) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from public sources.

      (8) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for persons who are mentally ill being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for children who are acutely mentally ill or severely emotionally disturbed discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, recovery services, and other services determined by regional support networks.

      (9) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.

      (10) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.

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

      (12) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.

      (13) "Emerging best practice" or "promising practice" means a practice that presents, based on preliminary information, potential for becoming a research-based or consensus-based practice.

      (14) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.

      (15) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW or an entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department, that meets state minimum standards or persons licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.

      (16) "Long-term inpatient care" means inpatient services for persons committed for, or voluntarily receiving intensive treatment for, periods of ninety days or greater under chapter 71.05 RCW. "Long-term inpatient care" as used in this chapter does not include: (a) Services for individuals committed under chapter 71.05 RCW who are receiving services pursuant to a conditional release or a court-ordered less restrictive alternative to detention; or (b) services for individuals voluntarily receiving less restrictive alternative treatment on the grounds of the state hospital.

      (17) "Mental health services" means all services provided by regional support networks and other services provided by the state for persons who are mentally ill.

      (18) "Mentally ill persons," "persons who are mentally ill," and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (27), and (28) of this section.

      (19) "Recovery" means the process in which people are able to live, work, learn, and participate fully in their communities.

      (20) "Regional support network" means a county authority or group of county authorities or other ((nonprofit)) entity recognized by the secretary in contract in a defined region.

      (21) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.

      (22) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.

      (23) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for persons who are acutely mentally ill, adults who are chronically mentally ill, children who are severely emotionally disturbed, or adults who are seriously disturbed and determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service persons who are mentally ill in nursing homes, boarding homes, and adult family homes, and may include outpatient services provided as an element in a package of services in a supported housing model. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.

      (24) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.

      (25) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Adults and children who are acutely mentally ill; (b) adults who are chronically mentally ill; (c) children who are severely emotionally disturbed; or (d) adults who are seriously disturbed and determined solely by a regional support network to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding enrollment of adults and children who are mentally ill in services and their individual service plan to designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.

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

      (27) "Seriously disturbed person" means a person who:

      (a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;

      (b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;

      (c) Has a mental disorder which causes major impairment in several areas of daily living;

      (d) Exhibits suicidal preoccupation or attempts; or

      (e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.

      (28) "Severely emotionally disturbed child" or "child who is severely emotionally disturbed" means a child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:

      (a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;

      (b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;

      (c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;

      (d) Is at risk of escalating maladjustment due to:

      (i) Chronic family dysfunction involving a caretaker who is mentally ill or inadequate;

      (ii) Changes in custodial adult;

      (iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;

      (iv) Subject to repeated physical abuse or neglect;

      (v) Drug or alcohol abuse; or

      (vi) Homelessness.

      (29) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.

      (30) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

      (31) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.

 

      Sec. 3. RCW 71.24.035 and 2007 c 414 s 2, 2007 c 410 s 8, and 2007 c 375 s 12 are each reenacted and amended to read as follows:

      (1) The department is designated as the state mental health authority.

      (2) The secretary shall provide for public, client, and licensed service provider participation in developing the state mental health program, developing contracts with regional support networks, and any waiver request to the federal government under medicaid.


      (3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.

      (4) The secretary shall be designated as the regional support network if the regional support network fails to meet state minimum standards or refuses to exercise responsibilities under RCW 71.24.045, until such time as a new regional support network is designated under RCW 71.24.320.

      (5) The secretary shall:

      (a) Develop a biennial state mental health program that incorporates regional biennial needs assessments and regional mental health service plans and state services for adults and children with mental illness. The secretary shall also develop a six-year state mental health plan;

      (b) Assure that any regional or county community mental health program provides access to treatment for the region's residents, including parents who are defendants in dependency cases, in the following order of priority: (i) Persons with acute mental illness; (ii) adults with chronic mental illness and children who are severely emotionally disturbed; and (iii) persons who are seriously disturbed. Such programs shall provide:

      (A) Outpatient services;

      (B) Emergency care services for twenty-four hours per day;

      (C) Day treatment for persons with mental illness which includes training in basic living and social skills, supported work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a child, day treatment includes age-appropriate basic living and social skills, educational and prevocational services, day activities, and therapeutic treatment;

      (D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;

      (E) Employment services, which may include supported employment, transitional work, placement in competitive employment, and other work-related services, that result in persons with mental illness becoming engaged in meaningful and gainful full or part-time work. Other sources of funding such as the division of vocational rehabilitation may be utilized by the secretary to maximize federal funding and provide for integration of services;

      (F) Consultation and education services; and

      (G) Community support services;

      (c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:

      (i) Licensed service providers. These rules shall permit a county-operated mental health program to be licensed as a service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department;

      (ii) Regional support networks; and

      (iii) Inpatient services, evaluation and treatment services and facilities under chapter 71.05 RCW, resource management services, and community support services;

      (d) Assure that the special needs of persons who are minorities, elderly, disabled, children, low-income, and parents who are defendants in dependency cases are met within the priorities established in this section;

      (e) Establish a standard contract or contracts, consistent with state minimum standards ((and)), RCW 71.24.320((,)) and 71.24.330((, and 71.24.3201)), which shall be used in contracting with regional support networks. The standard contract shall include a maximum fund balance, which shall be consistent with that required by federal regulations or waiver stipulations;

      (f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of regional support networks and licensed service providers. The audit procedure shall focus on the outcomes of service and not the processes for accomplishing them;

      (g) Develop and maintain an information system to be used by the state and regional support networks that includes a tracking method which allows the department and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and in RCW 71.05.390, 71.05.420, and 71.05.440;

      (h) License service providers who meet state minimum standards;

      (i) Certify regional support networks that meet state minimum standards;

      (j) Periodically monitor the compliance of certified regional support networks and their network of licensed service providers for compliance with the contract between the department, the regional support network, and federal and state rules at reasonable times and in a reasonable manner;

      (k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;

      (l) Monitor and audit regional support networks and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter;

      (m) Adopt such rules as are necessary to implement the department's responsibilities under this chapter;

      (n) Assure the availability of an appropriate amount, as determined by the legislature in the operating budget by amounts appropriated for this specific purpose, of community-based, geographically distributed residential services;

      (o) Certify crisis stabilization units that meet state minimum standards; and

      (p) Certify clubhouses that meet state minimum standards.

      (6) The secretary shall use available resources only for regional support networks, except to the extent authorized, and in accordance with any priorities or conditions specified, in the biennial appropriations act.

      (7) Each certified regional support network and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified regional support network or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification or license revoked or suspended.

      (8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.

      (9) The superior court may restrain any regional support network or service provider from operating without certification or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.

      (10) Upon petition by the secretary, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any regional support network or service provider refusing to consent to inspection or examination by the authority.

      (11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a regional support network or service provider without certification or a license under this chapter.

      (12) The standards for certification of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.

      (13) The standards for certification of crisis stabilization units shall include standards that:

      (a) Permit location of the units at a jail facility if the unit is physically separate from the general population of the jail;

      (b) Require administration of the unit by mental health professionals who direct the stabilization and rehabilitation efforts; and

      (c) Provide an environment affording security appropriate with the alleged criminal behavior and necessary to protect the public safety.

      (14) The standards for certification of a clubhouse shall at a minimum include:

      (a) The facilities may be peer-operated and must be recovery-focused;

      (b) Members and employees must work together;

      (c) Members must have the opportunity to participate in all the work of the clubhouse, including administration, research, intake and orientation, outreach, hiring, training and evaluation of staff, public relations, advocacy, and evaluation of clubhouse effectiveness;

      (d) Members and staff and ultimately the clubhouse director must be responsible for the operation of the clubhouse, central to this responsibility is the engagement of members and staff in all aspects of clubhouse operations;

      (e) Clubhouse programs must be comprised of structured activities including but not limited to social skills training, vocational rehabilitation, employment training and job placement, and community resource development;

      (f) Clubhouse programs must provide in-house educational programs that significantly utilize the teaching and tutoring skills of members and assist members by helping them to take advantage of adult education opportunities in the community;

      (g) Clubhouse programs must focus on strengths, talents, and abilities of its members;

      (h) The work-ordered day may not include medication clinics, day treatment, or other therapy programs within the clubhouse.

      (15) The department shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.

      (16) The secretary shall assume all duties assigned to the nonparticipating regional support networks under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those which would have been assigned to the nonparticipating counties in regions where there are not participating regional support networks.

      The regional support networks, or the secretary's assumption of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.

      (17) The secretary shall:

      (a) Disburse funds for the regional support networks within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.

      (b) Enter into biennial contracts with regional support networks. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.

      (c) Notify regional support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.

      (d) Deny all or part of the funding allocations to regional support networks based solely upon formal findings of noncompliance with the terms of the regional support network's contract with the department. Regional support networks disputing the decision of the secretary to withhold funding allocations are limited to the remedies provided in the department's contracts with the regional support networks.

      (18) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by free-standing evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate committees of the senate and the house of representatives.

      Sec. 4. RCW 71.24.300 and 2006 c 333 s 106 are each amended to read as follows:

      (1) Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.

      (2) The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served.

      (3) The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary.

      (4) If a regional support network is a private ((nonprofit)) entity, the department shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.

      (5) The roles and responsibilities of the private ((nonprofit)) entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.

      (6) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:

      (a) Administer and provide for the availability of all resource management services, residential services, and community support services.

      (b) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.

      (c) Provide within the boundaries of each regional support network evaluation and treatment services for at least ninety percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks may contract to purchase evaluation and treatment services from other networks if they are unable to provide for appropriate resources within their boundaries. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to:

      (i) Contracts with neighboring or contiguous regions; or

      (ii) Individuals detained or committed for periods up to seventeen days at the state hospitals at the discretion of the secretary.

      (d) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children.

      (e) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.

      (7) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the ((mentally ill)) persons with mental illness and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.

      (8) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the regional support network, and work with the regional support network to resolve significant concerns regarding service delivery and outcomes. The department shall establish statewide procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the department regarding regional support network performance. The composition of the board shall be broadly representative of the demographic character of the region and shall include, but not be limited to, representatives of consumers and families, law enforcement, and where the county is not the regional support network, county elected officials. Composition and length of terms of board members may differ between regional support networks but shall be included in each regional support network's contract and approved by the secretary.

      (9) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.

      (10) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (6) of this section.

      Sec. 5. RCW 71.24.320 and 2006 c 333 s 202 are each amended to read as follows:

      (1) ((The secretary shall initiate a procurement process for regional support networks in 2005. In the first step of the procurement process, existing regional support networks may respond to a request for qualifications developed by the department. The secretary shall issue the request for qualifications not later than October 1, 2005. The request for qualifications shall be based on cost-effectiveness, adequate residential and service capabilities, effective collaboration with criminal justice agencies and the chemical dependency treatment system, and the ability to provide the full array of services as stated in the mental health state plan, and shall meet all applicable federal and state regulations and standards. An existing regional support network shall be awarded the contract with the department if it substantially meets the requirements of the request for qualifications developed by the department.

      (2)(a))) If an existing regional support network chooses not to respond to ((the)) a request for qualifications, or is unable to substantially meet the requirements of ((the)) a request for qualifications, or notifies the department of social and health services it will no longer serve as a regional support network, the department shall utilize a procurement process in which other entities recognized by the secretary may bid to serve as the regional support network ((in that region. The procurement process shall begin with a request for proposals issued March 1, 2006)).

      (((i))) (a) The request for proposal shall include a scoring factor for proposals that include additional financial resources beyond that provided by state appropriation or allocation.

      (((ii) Regional support networks that substantially met the requirements of the request for qualifications may bid to serve as the regional support network for other regions of the state that are subject to the request for proposal process. The proposal shall be evaluated on whether the bid meets the threshold requirement for the new region and shall not subject the regional support networks' original region to the request for proposal.

      (b) Prior to final evaluation and scoring of the proposals all respondents will be provided with an opportunity for a detailed briefing by the department regarding the deficiencies in the proposal and shall be provided an opportunity to clarify information previously submitted.))

      (b) The department shall provide detailed briefings to all bidders in accordance with department and state procurement policies.

      (c) The request for proposal shall also include a scoring factor for proposals submitted by nonprofit entities that include a component to maximize the utilization of state provided resources and the leverage of other funds for the support of mental health services to persons with mental illness.

      (2) A regional support network that voluntarily terminates, refuses to renew, or refuses to sign a mandatory amendment to its contract to act as a regional support network is prohibited from responding to a procurement under this section or serving as a regional support network for five years from the date that the department signs a contract with the entity that will serve as the regional support network.

      Sec. 6. RCW 71.24.330 and 2006 c 333 s 203 are each amended to read as follows:

      (1) Contracts between a regional support network and the department shall include mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial penalties, termination of the contract, and reprocurement of the contract.

      (2) The regional support network procurement processes shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. However, a regional support network selected through the procurement process is not required to contract for services with any county-owned or operated facility. The regional support network procurement process shall provide that public funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.

      (3) In addition to the requirements of RCW 71.24.035, contracts shall:

      (a) Define administrative costs and ensure that the regional support network does not exceed an administrative cost of ten percent of available funds;

      (b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;

      (c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices;

      (d) Maintain the decision-making independence of designated mental health professionals;


      (e) Except at the discretion of the secretary or as specified in the biennial budget, require regional support networks to pay the state for the costs associated with individuals who are being served on the grounds of the state hospitals and who are not receiving long-term inpatient care as defined in RCW 71.24.025; ((and))

      (f) Include a negotiated alternative dispute resolution clause; and

      (g) Include a provision requiring either party to provide the one hundred eighty days' advance notice of its intent to voluntarily terminate, refuse to renew, or refuse to sign a mandatory amendment to the contract to act as a regional support network.

      NEW SECTION. Sec. 7. Section 5 of this act applies retroactively to July 1, 2007."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

      Senator Regala moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6404 and ask the House to recede therefrom.

      Senators Regala spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Regala that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6404 and ask the House to recede therefrom.

      The motion by Senator Regala carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6404 and asked the House to recede therefrom.

 

MESSAGE FROM THE HOUSE

 

March 6, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6665, with the following amendment: 6665-S.E AMH APP H5902.1

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 70.96A.800 and 2005 c 504 s 220 are each amended to read as follows:

      (1) The secretary shall select and contract with counties to provide intensive case management for chemically dependent persons with histories of high utilization of crisis services at two sites. In selecting the two sites, the secretary shall endeavor to site one in an urban county, and one in a rural county; and to site them in counties other than those selected pursuant to RCW 70.96B.020, to the extent necessary to facilitate evaluation of pilot project results. Within funds provided for this specific purpose, the secretary may contract with additional counties to provide intensive case management.

      (2) The contracted sites shall implement the pilot programs by providing intensive case management to persons with a primary chemical dependency diagnosis or dual primary chemical dependency and mental health diagnoses, through the employment of chemical dependency case managers. The chemical dependency case managers shall:

      (a) Be trained in and use the integrated, comprehensive screening and assessment process adopted under RCW 70.96C.010;

      (b) Reduce the use of crisis medical, chemical dependency and mental health services, including but not limited to, emergency room admissions, hospitalizations, detoxification programs, inpatient psychiatric admissions, involuntary treatment petitions, emergency medical services, and ambulance services;

      (c) Reduce the use of emergency first responder services including police, fire, emergency medical, and ambulance services;

      (d) Reduce the number of criminal justice interventions including arrests, violations of conditions of supervision, bookings, jail days, prison sanction day for violations, court appearances, and prosecutor and defense costs;

      (e) Where appropriate and available, work with therapeutic courts including drug courts and mental health courts to maximize the outcomes for the individual and reduce the likelihood of reoffense;

      (f) Coordinate with local offices of the economic services administration to assist the person in accessing and remaining enrolled in those programs to which the person may be entitled;

      (g) Where appropriate and available, coordinate with primary care and other programs operated through the federal government including federally qualified health centers, Indian health programs, and veterans' health programs for which the person is eligible to reduce duplication of services and conflicts in case approach;

      (h) Where appropriate, advocate for the client's needs to assist the person in achieving and maintaining stability and progress toward recovery;

      (i) Document the numbers of persons with co-occurring mental and substance abuse disorders and the point of determination of the co-occurring disorder by quadrant of intensity of need; and

      (j) Where a program participant is under supervision by the department of corrections, collaborate with the department of corrections to maximize treatment outcomes and reduce the likelihood of reoffense.

      (3) The pilot programs established by this section shall begin providing services by March 1, 2006.

      (4) This section expires ((June 30)) December 31, 2008.

      Sec. 2. RCW 70.96B.800 and 2005 c 504 s 217 are each amended to read as follows:

      (1) The Washington state institute for public policy shall evaluate the pilot programs and make ((a)) preliminary reports to appropriate committees of the legislature by December 1, 2007, and June 30, 2008, and a final report by ((September 30, 2008)) June 30, 2010.

      (2) The evaluation of the pilot programs shall include:

      (a) Whether the designated crisis responder pilot program:

      (i) Has increased efficiency of evaluation and treatment of persons involuntarily detained for seventy-two hours;

      (ii) Is cost-effective;

      (iii) Results in better outcomes for persons involuntarily detained;

      (iv) Increased the effectiveness of the crisis response system in the pilot catchment areas;

      (b) The effectiveness of providing a single chapter in the Revised Code of Washington to address initial detention of persons with mental disorders or chemical dependency, in crisis response situations and the likelihood of effectiveness of providing a single, comprehensive involuntary treatment act.

      (3) The reports shall consider the impact of the pilot programs on the existing mental health system and on the persons served by the system.

      Sec. 3. RCW 70.96B.010 and 2005 c 504 s 202 are each amended to read as follows:

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

      (1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital, an evaluation and treatment facility, or other inpatient facility, or a decision by a professional person in charge or his or her designee that a person should be detained as a patient for evaluation and treatment in a secure detoxification facility or other certified chemical dependency provider.


      (2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes but is not limited to atypical antipsychotic medications.

      (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department as meeting standards adopted under chapter 70.96A RCW.

      (4) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient.

      (5) "Chemical dependency" means:

      (a) Alcoholism;

      (b) Drug addiction; or

      (c) Dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

      (6) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW.

      (7) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting.

      (8) "Conditional release" means a revocable modification of a commitment that may be revoked upon violation of any of its terms.

      (9) "Custody" means involuntary detention under either chapter 71.05 or 70.96A RCW or this chapter, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment.

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

      (11) "Designated chemical dependency specialist" or "specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and this chapter, and qualified to do so by meeting standards adopted by the department.

      (12) "Designated crisis responder" means a person designated by the county or regional support network to perform the duties specified in this chapter.

      (13) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.

      (14) "Detention" or "detain" means the lawful confinement of a person under this chapter, or chapter 70.96A or 71.05 RCW.

      (15) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with individuals with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.

      (16) "Developmental disability" means that condition defined in RCW 71A.10.020.

      (17) "Discharge" means the termination of facility authority. The commitment may remain in place, be terminated, or be amended by court order.

      (18) "Evaluation and treatment facility" means any facility that can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and that is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility that is part of, or operated by, the department or any federal agency does not require certification. No correctional institution or facility, or jail, may be an evaluation and treatment facility within the meaning of this chapter.

      (19) "Facility" means either an evaluation and treatment facility or a secure detoxification facility.

      (20) "Gravely disabled" means a condition in which a person, as a result of a mental disorder, or as a result of the use of alcohol or other psychoactive chemicals:

      (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or

      (b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

      (21) "History of one or more violent acts" refers to the period of time ten years before the filing of a petition under this chapter, or chapter 70.96A or 71.05 RCW, excluding any time spent, but not any violent acts committed, in a mental health facility or a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction.

      (22) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.

      (23) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

      (((23))) (24) "Judicial commitment" means a commitment by a court under this chapter.

      (((24))) (25) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

      (((25))) (26) "Likelihood of serious harm" means:

      (a) A substantial risk that:

      (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;

      (ii) Physical harm will be inflicted by a person upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

      (iii) Physical harm will be inflicted by a person upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or

      (b) The person has threatened the physical safety of another and has a history of one or more violent acts.

      (((26))) (27) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on a person's cognitive or volitional functions.

      (((27))) (28) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under the authority of chapter 71.05 RCW.

      (((28))) (29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

      (((29))) (30) "Person in charge" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

      (((30))) (31) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, that constitutes an evaluation and treatment facility or private institution, or hospital, or approved treatment program, that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent.

      (((31))) (32) "Professional person" means a mental health professional or chemical dependency professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter.

      (((32))) (33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology.

      (((33))) (34) "Psychologist" means a person who has been licensed as a psychologist under chapter 18.83 RCW.

      (((34))) (35) "Public agency" means any evaluation and treatment facility or institution, or hospital, or approved treatment program that is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill and/or chemically dependent, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.

      (((35))) (36) "Registration records" means all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness.

      (((36))) (37) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW or this chapter.

      (((37))) (38) "Secretary" means the secretary of the department or the secretary's designee.

      (((38))) (39) "Secure detoxification facility" means a facility operated by either a public or private agency or by the program of an agency that serves the purpose of providing evaluation and assessment, and acute and/or subacute detoxification services for intoxicated persons and includes security measures sufficient to protect the patients, staff, and community.

      (((39))) (40) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

      (((40))) (41) "Treatment records" means registration records and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

      (((41))) (42) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

      Sec. 4. RCW 70.96B.020 and 2005 c 504 s 203 are each amended to read as follows:

      (1) The secretary, after consulting with the Washington state association of counties, shall select and contract with regional support networks or counties to provide two integrated crisis response and involuntary treatment pilot programs for adults and shall allocate resources for both integrated services and secure detoxification services in the pilot areas. In selecting the two regional support networks or counties, the secretary shall endeavor to site one in an urban and one in a rural regional support network or county; and to site them in counties other than those selected pursuant to RCW 70.96A.800, to the extent necessary to facilitate evaluation of pilot project results. Within funds provided for this specific purpose, the secretary may contract with additional regional support networks or counties to provide integrated crisis response and involuntary treatment pilot programs to adults.

      (2) The regional support networks or counties shall implement the pilot programs by providing integrated crisis response and involuntary treatment to persons with a chemical dependency, a mental disorder, or both, consistent with this chapter. The pilot programs shall:

      (a) Combine the crisis responder functions of a designated mental health professional under chapter 71.05 RCW and a designated chemical dependency specialist under chapter 70.96A RCW by establishing a new designated crisis responder who is authorized to conduct investigations and detain persons up to seventy-two hours to the proper facility;

      (b) Provide training to the crisis responders as required by the department;

      (c) Provide sufficient staff and resources to ensure availability of an adequate number of crisis responders twenty-four hours a day, seven days a week;

      (d) Provide the administrative and court-related staff, resources, and processes necessary to facilitate the legal requirements of the initial detention and the commitment hearings for persons with a chemical dependency;

      (e) Participate in the evaluation and report to assess the outcomes of the pilot programs including providing data and information as requested;

      (f) Provide the other services necessary to the implementation of the pilot programs, consistent with this chapter as determined by the secretary in contract; and

      (g) Collaborate with the department of corrections where persons detained or committed are also subject to supervision by the department of corrections.

      (3) The pilot programs established by this section shall begin providing services by March 1, 2006.

      Sec. 5. RCW 70.96B.050 and 2007 c 120 s 1 are each amended to read as follows:

      (1) When a designated crisis responder receives information alleging that a person, as a result of a mental disorder, chemical dependency disorder, or both, presents a likelihood of serious harm or is gravely disabled, the designated crisis responder may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any person providing information to initiate detention, if satisfied that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention. Before filing the petition, the designated crisis responder must personally interview the person, unless the person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at either an evaluation and treatment facility, a detoxification facility, or other certified chemical dependency provider.

      (2)(a) An order to detain to an evaluation and treatment facility, a detoxification facility, or other certified chemical dependency provider for not more than a seventy-two hour evaluation and treatment period may be issued by a judge upon request of a designated crisis responder: (i) Whenever it appears to the satisfaction of a judge of the superior court, district court, or other court permitted by court rule, that there is probable cause to support the petition, and (ii) that the person has refused or failed to accept appropriate evaluation and treatment voluntarily.

      (b) The petition for initial detention, signed under penalty of perjury or sworn telephonic testimony, may be considered by the court in determining whether there are sufficient grounds for issuing the order.

      (c) The order shall designate retained counsel or, if counsel is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed to represent the person.

      (3) The designated crisis responder shall then serve or cause to be served on such person, his or her guardian, and conservator, if any, a copy of the order to appear, together with a notice of rights and a petition for initial detention. After service on the person, the designated crisis responder shall file the return of service in court and provide copies of all papers in the court file to the evaluation and treatment facility or secure detoxification facility and the designated attorney. The designated crisis responder shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time of outpatient evaluation or admission to the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider. If requested by the detained person or his or her attorney, the hearing may be postponed for a period not to exceed forty-eight hours. The hearing may be continued subject to the petitioner's showing of good cause for a period not to exceed twenty-four hours. The person may be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An attorney accompanying the person to the place of evaluation shall be permitted to be present during the admission evaluation. Any other person accompanying the person may be present during the admission evaluation. The facility may exclude the person if his or her presence would present a safety risk, delay the proceedings, or otherwise interfere with the evaluation.

      (4) The designated crisis responder may notify a peace officer to take the person or cause the person to be taken into custody and placed in an evaluation and treatment facility, a secure detoxification facility, or other certified chemical dependency provider. At the time the person is taken into custody there shall commence to be served on the person, his or her guardian, and conservator, if any, a copy of the original order together with a notice of detention, a notice of rights, and a petition for initial detention.

      Sec. 6. RCW 70.96B.100 and 2005 c 504 s 211 are each amended to read as follows:

      ((If a person is detained for additional treatment beyond fourteen days under RCW 70.96B.090, the professional staff of the agency or facility may petition for additional treatment under RCW 70.96A.140.)) (1) A person detained for fourteen days of involuntary chemical dependency treatment under RCW 70.96B.090 or subsection (6) of this section shall be released from involuntary treatment at the expiration of the period of commitment unless the professional staff of the agency or facility files a petition for an additional period of involuntary treatment under RCW 70.96A.140, or files a petition for sixty days less restrictive treatment under this section naming the detained person as a respondent. Costs associated with the obtainment or revocation of an order for less restrictive treatment and subsequent involuntary commitment shall be provided for within current funding.

      (2) A petition for less restrictive treatment must be filed at least three days before expiration of the fourteen-day period of intensive treatment, and comport with the rules contained in RCW 70.96B.090(2). The petition shall state facts that support the finding that the respondent, as a result of a chemical dependency, presents a likelihood of serious harm or is gravely disabled, and that continued treatment pursuant to a less restrictive order is in the best interest of the respondent or others. At the time of filing such a petition, the clerk shall set a time for the respondent to come before the court on the next judicial day after the day of filing unless such appearance is waived by the respondent's attorney.

      (3) At the time set for appearance the respondent must be brought before the court, unless such appearance has been waived and the court shall advise the respondent of his or her right to be represented by an attorney. If the respondent is not represented by an attorney, or is indigent or is unwilling to retain an attorney, the court shall immediately appoint an attorney to represent the respondent. The court shall, if requested, appoint a reasonably available licensed physician, psychologist, or psychiatrist, designated by the respondent to examine and testify on behalf of the respondent.

      (4) The court shall conduct a hearing on the petition for sixty days less restrictive treatment on or before the last day of the confinement period. The burden of proof shall be by clear, cogent, and convincing evidence and shall be upon the petitioner. The respondent shall be present at such proceeding. The rules of evidence shall apply, and the respondent shall have the right to present evidence on his or her behalf, to cross-examine witnesses who testify against him or her, to remain silent, and to view and copy all petitions and reports in the court file. The physician-patient privilege or the psychologist-client privilege shall be deemed waived in accordance with the provisions under RCW 71.05.360(9). Involuntary treatment shall continue while a petition for less restrictive treatment is pending under this section.

      (5) The court may impose a sixty-day less restrictive order if the evidence shows that the respondent, as a result of a chemical dependency, presents a likelihood of serious harm or is gravely disabled, and that continued treatment pursuant to a less restrictive order is in the best interest of the respondent or others. The less restrictive order may impose treatment conditions and other conditions which are in the best interest of the respondent and others. A copy of the less restrictive order shall be given to the respondent, the designated crisis responder, and any program designated to provide less restrictive treatment. A program designated to provide less restrictive treatment and willing to supervise the conditions of the less restrictive order may modify the conditions for continued release when the modification is in the best interests of the respondent, but must notify the designated crisis responder and the court of such modification.

      (6) If a program approved by the court and willing to supervise the conditions of the less restrictive order or the designated crisis responder determines that the respondent is failing to adhere to the terms of the less restrictive order or that substantial deterioration in the respondent's functioning has occurred, then the designated crisis responder shall notify the court of original commitment and request a hearing to be held no less than two and no more than seven days after the date of the request to determine whether or not the respondent should be returned to more restrictive care. The designated crisis responder may cause the respondent to be immediately taken into custody of the secure detoxification facility pending the hearing if the alleged noncompliance causes an imminent risk to the safety of the respondent. The designated crisis responder shall file a petition with the court stating the facts substantiating the need for the hearing along with the treatment recommendations. The respondent shall have the same rights with respect to notice, hearing, and counsel as for the original involuntary treatment proceedings. The issues to be determined at the hearing are whether the conditionally released respondent did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the respondent's functioning has occurred and whether the condition of release should be modified or the respondent should be returned to a more restrictive setting. The hearing may be waived by the respondent and his or her counsel and his or her guardian or conservator, if any, but may not be waived unless all such persons agree to the waiver. If court finds in favor of the petitioner, or the respondent waives a hearing, the court may order the respondent to be committed to a secure detoxification facility for fourteen days of involuntary chemical dependency treatment, or may order the respondent to be returned to less restrictive treatment on the same or modified conditions.

      Sec. 7. RCW 70.96B.900 and 2005 c 504 s 219 are each amended to read as follows:

      Sections 202 through 216 ((of this act)), chapter 504, Laws of 2005 expire ((July 1)) December 31, 2008.

      NEW SECTION. Sec. 8. Sections 3 through 6 of this act expire December 31, 2008.

      Sec. 9. 2007 c 120 s 4 (uncodified) is amended to read as follows:

      Sections 1 and 2 ((of this act)), chapter 120, Laws of 2007 expire ((July 1)) December 31, 2008.


      NEW SECTION. Sec. 10. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

      Senator Regala moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6665 and ask the House to recede therefrom.

      Senators Regala spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Regala that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6665 and ask the House to recede therefrom.

      The motion by Senator Regala carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6665 and asked the House to recede therefrom.

 

MESSAGE FROM THE HOUSE

 

March 7, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6760, with the following amendment: 6760-S.E AMH ENGR H5880.E

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 71A.20.170 and 2005 c 353 s 1 are each amended to read as follows:

      (1) The developmental disabilities community trust account is created in the state treasury. All net proceeds from the use of excess property identified in the 2002 joint legislative audit and review committee capital study or other studies of the division of developmental disabilities residential habilitation centers at Lakeland Village, Yakima Valley school, Francis Haddon Morgan Center, and Rainier school that would not impact current residential habilitation center operations must be deposited into the account. ((Income))

      (2) Proceeds may come from the lease of the land, conservation easements, sale of timber, or other activities short of sale of the property.

      (3) "Excess property" includes that portion of the property at Rainier school previously under the cognizance and control of Washington State University for use as a dairy/forage research facility. (("Proceeds" include the net receipts from the use of all or a portion of the properties.))

      (4) Only investment income from the principal of the proceeds deposited into the trust account may be spent from the account. For purposes of this section, "investment income" includes lease payments, rent payments, or other periodic payments deposited into the trust account. For purposes of this section, "principal" is the actual excess land from which proceeds are assigned to the trust account.

      (5) Moneys in the account may be spent only after appropriation. Expenditures from the account shall be used exclusively to provide family support and/or employment/day services to eligible persons with developmental disabilities who can be served by community-based developmental disability services. It is the intent of the legislature that the account should not be used to replace, supplant, or reduce existing appropriations.

      (((2) The department shall report on its efforts and strategies to provide income to the developmental disabilities community trust account from the excess property identified in subsection (1) of this section from the lease of the property, sale of timber, or other activity short of sale of the property. The department shall report by June 30, 2006.

      (3))) (6) The account shall be known as the Dan Thompson memorial developmental disabilities community trust account."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

      Senator Regala moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6760 and ask the House to recede therefrom.

      Senators Regala spoke in favor of the motion.

 

MOTION

 

On motion of Senator Rockefeller, Senator Kline was excused.

 

      The President declared the question before the Senate to be motion by Senator Regala that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6760 and ask the House to recede therefrom.

      The motion by Senator Regala carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6760 and asked the House to recede therefrom.

 

MESSAGE FROM THE HOUSE

 

March 4, 2008

 

MR. PRESIDENT:

 

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6776, with the following amendment: 6776-S.E AMH APP H5898.1

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds and declares that government exists to conduct the people's business, and the people remaining informed about the actions of government contributes to the oversight of how the people's business is conducted. The legislature further finds that many public servants who expose actions of their government that are contrary to the law or public interest face the potential loss of their careers and livelihoods.

      It is the policy of the legislature that employees should be encouraged to disclose, to the extent not expressly prohibited by law, improper governmental actions, and it is the intent of the legislature to protect the rights of state employees making these disclosures. It is also the policy of the legislature that employees should be encouraged to identify rules warranting review or provide information to the rules review committee, and it is the intent of the legislature to protect the rights of these employees.

      This act shall be broadly construed in order to effectuate the purpose of this act.

      Sec. 2. RCW 42.40.020 and 1999 c 361 s 1 are each amended to read as follows:

      As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

      (1) "Auditor" means the office of the state auditor.

      (2) "Employee" means any individual employed or holding office in any department or agency of state government.


      (3) "Good faith" means the individual providing the information or report of improper governmental activity has a reasonable basis in fact for reporting or providing the ((communication)) information. (("Good faith" is lacking when the employee knows or reasonably ought to know that the report is malicious, false, or frivolous.)) An individual who knowingly, or reasonably ought to know, provides or reports malicious, false, or frivolous information, or information that is provided with reckless disregard for the truth, or who knowingly omits relevant information is not acting in good faith.

      (4) "Gross mismanagement" means the exercise of management responsibilities in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.

      (5) "Gross waste of funds" means to spend or use funds or to allow funds to be used without valuable result in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.

      (((5))) (6)(a) "Improper governmental action" means any action by an employee undertaken in the performance of the employee's official duties:

      (i) Which is (([a])) a gross waste of public funds or resources as defined in this section;

      (ii) Which is in violation of federal or state law or rule, if the violation is not merely technical or of a minimum nature; ((or))

      (iii) Which is of substantial and specific danger to the public health or safety;

      (iv) Which is gross mismanagement; or

      (v) Which prevents the dissemination of scientific opinion or alters technical findings without scientifically valid justification, unless state law or a common law privilege prohibits disclosure. This provision is not meant to preclude the discretion of agency management to adopt a particular scientific opinion or technical finding from among differing opinions or technical findings to the exclusion of other scientific opinions or technical findings. Nothing in this subsection prevents or impairs a state agency's or public official's ability to manage its public resources or its employees in the performance of their official job duties. This subsection does not apply to de minimis, technical disagreements that are not relevant for otherwise improper governmental activity. Nothing in this provision requires the auditor to contract or consult with external experts regarding the scientific validity, invalidity, or justification of a finding or opinion.

      (b) "Improper governmental action" does not include personnel actions, for which other remedies exist, including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the state civil service law, alleged labor agreement violations, reprimands, claims of discriminatory treatment, or any action which may be taken under chapter 41.06 RCW, or other disciplinary action except as provided in RCW 42.40.030.

      (((6))) (7) "Public official" means the attorney general's designee or designees; an appropriate number of individuals designated to receive whistleblower reports by the head of each agency; or the executive ethics board.

      (8) "Substantial and specific danger" means a risk of serious injury, illness, peril, or loss, to which the exposure of the public is a gross deviation from the standard of care or competence which a reasonable person would observe in the same situation.

      (((7))) (9) "Use of official authority or influence" includes threatening, taking, directing others to take, recommending, processing, or approving any personnel action such as an appointment, promotion, transfer, assignment including but not limited to duties and office location, reassignment, reinstatement, restoration, reemployment, performance evaluation, determining any material changes in pay, provision of training or benefits, tolerance of a hostile work environment, or any adverse action under chapter 41.06 RCW, or other disciplinary action.

      (((8))) (10)(a) "Whistleblower" means:

      (i) An employee who in good faith reports alleged improper governmental action to the auditor or other public official, as defined in subsection (7) of this section, initiating an investigation by the auditor under RCW 42.40.040; or

      (ii) An employee who is perceived by the employer as reporting, whether they did or not, alleged improper governmental action to the auditor or other public official, as defined in subsection (7) of this section, initiating an investigation by the auditor under RCW 42.40.040.

      (b) For purposes of the provisions of this chapter and chapter 49.60 RCW relating to reprisals and retaliatory action, the term "whistleblower" also means:

      (((a))) (i) An employee who in good faith provides information to the auditor or other public official, as defined in subsection (7) of this section, in connection with an investigation under RCW 42.40.040 and an employee who is believed to have reported asserted improper governmental action to the auditor or other public official, as defined in subsection (7) of this section, or to have provided information to the auditor or other public official, as defined in subsection (7) of this section, in connection with an investigation under RCW 42.40.040 but who, in fact, has not reported such action or provided such information; or

      (((b))) (ii) An employee who in good faith identifies rules warranting review or provides information to the rules review committee, and an employee who is believed to have identified rules warranting review or provided information to the rules review committee but who, in fact, has not done so.

      Sec. 3. RCW 42.40.030 and 1995 c 403 s 510 are each amended to read as follows:

      (1) An employee shall not directly or indirectly use or attempt to use the employee's official authority or influence for the purpose of intimidating, threatening, coercing, commanding, influencing, or attempting to intimidate, threaten, coerce, command, or influence any individual for the purpose of interfering with the right of the individual to: (a) Disclose to the auditor (or representative thereof) or other public official, as defined in RCW 42.40.020, information concerning improper governmental action; or (b) identify rules warranting review or provide information to the rules review committee.

      (2) Nothing in this section authorizes an individual to disclose information otherwise prohibited by law, except to the extent that information is necessary to substantiate the whistleblower complaint, in which case information may be disclosed to the auditor or public official, as defined in RCW 42.40.020, by the whistleblower for the limited purpose of providing information related to the complaint. Any information provided to the auditor or public official under the authority of this subsection may not be further disclosed.

      Sec. 4. RCW 42.40.040 and 1999 c 361 s 3 are each amended to read as follows:

      (1)(a) In order to be investigated, an assertion of improper governmental action must be provided to the auditor or other public official within one year after the occurrence of the asserted improper governmental action. The public official, as defined in RCW 42.40.020, receiving an assertion of improper governmental action must report the assertion to the auditor within fifteen calendar days of receipt of the assertion. The auditor retains sole authority to investigate an assertion of improper governmental action including those made to a public official. A failure of the public official to report the assertion to the auditor within fifteen days does not impair the rights of the whistleblower.

      (b) Except as provided under RCW 42.40.910 for legislative and judicial branches of government, the auditor has the authority to determine whether to investigate any assertions received. In determining whether to conduct either a preliminary or further investigation, the auditor shall consider factors including, but not limited to: The nature and quality of evidence and the existence of relevant laws and rules; whether the action was isolated or systematic; the history of previous assertions regarding the same subject or subjects or subject matter; whether other avenues are available for addressing the matter; whether the matter has already been investigated or is in litigation; the seriousness or significance of the asserted improper governmental action; and the cost and benefit of the investigation. The auditor has the sole discretion to determine the priority and weight given to these and other relevant factors and to decide whether a matter is to be investigated. The auditor shall document the factors considered and the analysis applied.

      (c) The auditor also has the authority to investigate assertions of improper governmental actions as part of an audit conducted under chapter 43.09 RCW. The auditor shall document the reasons for handling the matter as part of such an audit.

      (2) Subject to subsection (5)(c) of this section, the identity or identifying characteristics of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her identity in a claim against the state for retaliation. In addition, the identity or identifying characteristics of any person who in good faith provides information in an investigation under this section is confidential at all times, unless the person consents to disclosure by written waiver or by acknowledging his or her identity as a witness who provides information in an investigation.

      (3) Upon receiving specific information that an employee has engaged in improper governmental action, the auditor shall, within ((five)) fifteen working days of receipt of the information, mail written acknowledgement to the whistleblower at the address provided stating whether a preliminary investigation will be conducted. For a period not to exceed ((thirty)) sixty working days from receipt of the assertion, the auditor shall conduct such preliminary investigation of the matter as the auditor deems appropriate.

      (4) In addition to the authority under subsection (3) of this section, the auditor may, on its own initiative, investigate incidents of improper state governmental action.

      (5)(a) If it appears to the auditor, upon completion of the preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower summarizing where the allegations are deficient, and provide a reasonable opportunity to reply. Such notification may be by electronic means.

      (b) The written notification shall contain a summary of the information received and of the results of the preliminary investigation with regard to each assertion of improper governmental action.

      (c) In any case to which this section applies, the identity or identifying characteristics of the whistleblower shall be kept confidential unless the auditor determines that the information has been provided other than in good faith. If the auditor makes such a determination, the auditor shall provide reasonable advance notice to the employee.

      (d) With the agency's consent, the auditor may forward the assertions to an appropriate agency to investigate and report back to the auditor no later than sixty working days after the assertions are received from the auditor. The auditor is entitled to all investigative records resulting from such a referral. All procedural and confidentiality provisions of this chapter apply to investigations conducted under this subsection. The auditor shall document the reasons the assertions were referred.

      (6) During the preliminary investigation, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts and laws known at the time and the procedure for the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation. This notification does not limit the auditor from considering additional facts or laws which become known during further investigation.

      (((7)))(a) If it appears to the auditor after completion of the preliminary investigation that further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower, the subject or subjects of the investigation, and the agency head and either conduct a further investigation or issue a report under subsection (((10))) (9) of this section.

      (b) If the preliminary investigation resulted from an anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel convened as necessary by the auditor prior to the commencement of any additional investigation. The panel shall include a state auditor representative knowledgeable of the subject agency operations, a citizen volunteer, and a representative of the attorney general's office. This group shall be briefed on the preliminary investigation and shall recommend whether the auditor should proceed with further investigation.

      (c) If further investigation is to occur, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts known at the time and the procedure to be used by the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation.

      (((8))) (7) Within sixty working days after the preliminary investigation period in subsection (3) of this section, the auditor shall complete the investigation and report its findings to the whistleblower unless written justification for the delay is furnished to the whistleblower, agency head, and subject or subjects of the investigation. In all such cases, the report of the auditor's investigation and findings shall be sent to the whistleblower within one year after the information was filed under subsection (3) of this section.

      (((9))) (8)(a) At any stage of an investigation under this section the auditor may require by subpoena the attendance and testimony of witnesses and the production of documentary or other evidence relating to the investigation at any designated place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the case of contumacy or failure to obey a subpoena, the superior court for the county in which the person to whom the subpoena is addressed resides or is served may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

      (b) The auditor may order the taking of depositions at any stage of a proceeding or investigation under this chapter. Depositions shall be taken before an individual designated by the auditor and having the power to administer oaths. Testimony shall be reduced to writing by or under the direction of the individual taking the deposition and shall be subscribed by the deponent.

      (c) Agencies shall cooperate fully in the investigation and shall take appropriate action to preclude the destruction of any evidence during the course of the investigation.

      (d) During the investigation the auditor shall interview each subject of the investigation. If it is determined there is reasonable cause to believe improper governmental action has occurred, the subject or subjects and the agency head shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.

      (((10))) (9)(a) If the auditor determines there is reasonable cause to believe an employee has engaged in improper governmental action, the auditor shall report, to the extent allowable under existing public disclosure laws, the nature and details of the activity to:

      (i) The subject or subjects of the investigation and the head of the employing agency; ((and))


      (ii) If appropriate, the attorney general or such other authority as the auditor determines appropriate;

      (iii) Electronically to the governor, secretary of the senate, and chief clerk of the house of representatives; and

      (iv) Except for information whose release is specifically prohibited by statute or executive order, the public through the public file of whistleblower reports maintained by the auditor.

      (b) The auditor has no enforcement power except that in any case in which the auditor submits an investigative report containing reasonable cause determinations to the agency, the agency shall send its plan for resolution to the auditor within fifteen working days of having received the report. The agency is encouraged to consult with the subject or subjects of the investigation in establishing the resolution plan. The auditor may require periodic reports of agency action until all resolution has occurred. If the auditor determines that appropriate action has not been taken, the auditor shall report the determination to the governor and to the legislature and may include this determination in the agency audit under chapter 43.09 RCW.

      (((11))) (10) Once the auditor concludes that appropriate action has been taken to resolve the matter, the auditor shall so notify the whistleblower, the agency head, and the subject or subjects of the investigation. If the resolution takes more than one year, the auditor shall provide annual notification of its status to the whistleblower, agency head, and subject or subjects of the investigation.

      (((12))) (11) Failure to cooperate with such audit or investigation, or retaliation against anyone who assists the auditor by engaging in activity protected by this chapter shall be reported as a separate finding with recommendations for corrective action in the associated report whenever it occurs.

      (12) This section does not limit any authority conferred upon the attorney general or any other agency of government to investigate any matter.

      Sec. 5. RCW 42.40.070 and 1989 c 284 s 5 are each amended to read as follows:

      A written summary of this chapter and procedures for reporting improper governmental actions established by the auditor's office shall be made available by each department or agency of state government to each employee upon entering public employment. Such notices may be in agency internal newsletters, included with paychecks or stubs, sent via electronic mail to all employees, or sent by other means that are cost-effective and reach all employees of the government level, division, or subdivision. Employees shall be notified by each department or agency of state government each year of the procedures and protections under this chapter. The annual notices shall include a list of public officials, as defined in RCW 42.40.020, authorized to receive whistleblower reports. The list of public officials authorized to receive whistleblower reports shall also be prominently displayed in all agency offices.

      Sec. 6. RCW 42.40.050 and 1999 c 283 s 1 are each amended to read as follows:

      (1)(a) Any person who is a whistleblower, as defined in RCW 42.40.020, and who has been subjected to workplace reprisal or retaliatory action is presumed to have established a cause of action for the remedies provided under chapter 49.60 RCW.

      (b) For the purpose of this section, "reprisal or retaliatory action" means, but is not limited to, any of the following:

      (((a))) (i) Denial of adequate staff to perform duties;

      (((b))) (ii) Frequent staff changes;

      (((c))) (iii) Frequent and undesirable office changes;

      (((d))) (iv) Refusal to assign meaningful work;

      (((e))) (v) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;

      (((f))) (vi) Demotion;

      (((g))) (vii) Reduction in pay;

      (((h))) (viii) Denial of promotion;

      (((i))) (ix) Suspension;

      (((j))) (x) Dismissal;

      (((k))) (xi) Denial of employment;

      (((l))) (xii) A supervisor or superior behaving in or encouraging coworkers to behave in a hostile manner toward the whistleblower; ((and

      (m))) (xiii) A change in the physical location of the employee's workplace or a change in the basic nature of the employee's job, if either are in opposition to the employee's expressed wish;

      (xiv) Issuance of or attempt to enforce any nondisclosure policy or agreement in a manner inconsistent with prior practice; or

      (xv) Any other action that is inconsistent compared to actions taken before the employee engaged in conduct protected by this chapter, or compared to other employees who have not engaged in conduct protected by this chapter.

      (2) The agency presumed to have taken retaliatory action under subsection (1) of this section may rebut that presumption by proving by a preponderance of the evidence that there have been a series of documented personnel problems or a single, egregious event, or that the agency action or actions were justified by reasons unrelated to the employee's status as a whistleblower and that improper motive was not a substantial factor.

      (3) Nothing in this section prohibits an agency from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. However, the agency also shall implement any order under chapter 49.60 RCW (other than an order of suspension if the agency has terminated the retaliator).

      Sec. 7. RCW 49.60.230 and 1993 c 510 s 21 and 1993 c 69 s 11 are each reenacted and amended to read as follows:

      (1) Who may file a complaint:

      (a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair prac