ONE-HUNDRED FIRST DAY

 

MORNING SESSION

Senate Chamber, Olympia, Wednesday, April 22, 2009

 

      The Senate was called to order at 10:00 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 Haugen, Pflug, Prentice and Tom.

      The Sergeant at Arms Color Guard consisting of Pages Anthony Hill and Rachel Garner, presented the Colors. Senator Shin 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 third order of business.

 

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

 

April 21, 2009

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

LENSA ETANA, appointed April 9, 2009, for the term ending December 5, 2012, as Member of the Eastern State Hospital Advisory Board.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Human Services & Corrections.

 

April 21, 2009

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

DAVID TROUTT, reappointed July 16, 2006, for the term ending July 15, 2010, as Member of the Salmon Recovery Funding Board.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Natural Resources, Ocean & Recreation.

 

MOTION

 

On motion of Senator Eide, the appointees listed on the Gubernatorial Appointment report was 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

 


April 21, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SENATE BILL NO. 5173,

      SENATE BILL NO. 5180,

      SUBSTITUTE SENATE BILL NO. 5286,

      SENATE BILL NO. 5289,

      SUBSTITUTE SENATE BILL NO. 5531,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SENATE BILL NO. 5008,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5011,

      SENATE BILL NO. 5038,

      SUBSTITUTE SENATE BILL NO. 5040,

      SUBSTITUTE SENATE BILL NO. 5042,

      SUBSTITUTE SENATE BILL NO. 5056,

      SENATE BILL NO. 5060,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5110,

      SENATE BILL NO. 5120,

      SENATE BILL NO. 5153,

      SUBSTITUTE SENATE BILL NO. 5160,

      SUBSTITUTE SENATE BILL NO. 5171,

      SUBSTITUTE SENATE BILL NO. 5172,

      SUBSTITUTE SENATE BILL NO. 5177,

      SUBSTITUTE SENATE BILL NO. 5199,

      SUBSTITUTE SENATE BILL NO. 5229,

      SUBSTITUTE SENATE BILL NO. 5248

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5262,

      SUBSTITUTE SENATE BILL NO. 5268,

      SUBSTITUTE SENATE BILL NO. 5270,

      SENATE BILL NO. 5277,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SECOND SUBSTITUTE SENATE BILL NO. 5045,

      SUBSTITUTE SENATE BILL NO. 5273,

      SENATE BILL NO. 5452,

      SUBSTITUTE SENATE BILL NO. 5461,

      SUBSTITUTE SENATE BILL NO. 5468,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5473,

      SENATE BILL NO. 5482,

      SUBSTITUTE SENATE BILL NO. 5504,

      SUBSTITUTE SENATE BILL NO. 5509,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5513,

      SUBSTITUTE SENATE BILL NO. 5539,

      SENATE BILL NO. 5540,

      SUBSTITUTE SENATE BILL NO. 5556,

      SUBSTITUTE SENATE BILL NO. 5561,

      SUBSTITUTE SENATE BILL NO. 5565,

      SUBSTITUTE SENATE BILL NO. 5566,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5583,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5601,

      SUBSTITUTE SENATE BILL NO. 5608,

      SUBSTITUTE SENATE BILL NO. 5610,

      SUBSTITUTE SENATE BILL NO. 5616,

      SENATE BILL NO. 5629,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5651,

      SUBSTITUTE SENATE BILL NO. 5665,

      SENATE BILL NO. 5673,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5688,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SUBSTITUTE SENATE BILL NO. 5318,

      SUBSTITUTE SENATE BILL NO. 5340,

      SECOND SUBSTITUTE SENATE BILL NO. 5346,

      SENATE BILL NO. 5355,

      SUBSTITUTE SENATE BILL NO. 5360

      SUBSTITUTE SENATE BILL NO. 5367,

      SUBSTITUTE SENATE BILL NO. 5368,

      SUBSTITUTE SENATE BILL NO. 5401,

      SUBSTITUTE SENATE BILL NO. 5402

      SUBSTITUTE SENATE BILL NO. 5410,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5414,

      SUBSTITUTE SENATE BILL NO. 5501,

      SENATE BILL NO. 5547,

      SENATE BILL NO. 5568,

      SUBSTITUTE SENATE BILL NO. 5719,

      SENATE BILL NO. 5720,

      SUBSTITUTE SENATE BILL NO. 5724,

      SENATE BILL NO. 5731,

      SUBSTITUTE SENATE BILL NO. 5738,

      ENGROSSED SENATE BILL NO. 5810,

      SUBSTITUTE SENATE BILL NO. 5834,

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5854,

      SUBSTITUTE SENATE BILL NO. 5891,

      SUBSTITUTE SENATE BILL NO. 5921,

      ENGROSSED SENATE BILL NO. 5925,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

The House has passed the following bills:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2318,

      HOUSE BILL NO. 2331,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

The House has passed the following bills:

      SUBSTITUTE HOUSE BILL NO. 2356,

      ENGROSSED HOUSE BILL NO. 2358,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE


 

April 21, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SECOND SUBSTITUTE HOUSE BILL NO. 1021,

      SUBSTITUTE HOUSE BILL NO. 1036,

      ENGROSSED HOUSE BILL NO. 1087,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1123,

      HOUSE BILL NO. 1127,

      HOUSE BILL NO. 1137,

      HOUSE BILL NO. 1166,

      ENGROSSED HOUSE BILL NO. 1167,

      SUBSTITUTE HOUSE BILL NO. 1201,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1208,

      SUBSTITUTE HOUSE BILL NO. 1215,

      SUBSTITUTE HOUSE BILL NO. 1225,

      HOUSE BILL NO. 1295,

      SUBSTITUTE HOUSE BILL NO. 1300,

      SUBSTITUTE HOUSE BILL NO. 1309,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1326,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1349,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1362,

      SECOND SUBSTITUTE HOUSE BILL NO. 1373,

      ENGROSSED HOUSE BILL NO. 1385,

      HOUSE BILL NO. 1395,

      SUBSTITUTE HOUSE BILL NO. 1402,

      HOUSE BILL NO. 1433,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1445,

      HOUSE BILL NO. 1448,

      SECOND SUBSTITUTE HOUSE BILL NO. 1484,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      HOUSE BILL NO. 1158,

      HOUSE BILL NO. 1184,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1516,

      SUBSTITUTE HOUSE BILL NO. 1529,

      ENGROSSED HOUSE BILL NO. 1530,

      SUBSTITUTE HOUSE BILL NO. 1552,

      ENGROSSED HOUSE BILL NO. 1566,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1571,

      SUBSTITUTE HOUSE BILL NO. 1583,

      HOUSE BILL NO. 1589,

      HOUSE BILL NO. 1640,

      HOUSE BILL NO. 1717,

      SUBSTITUTE HOUSE BILL NO. 1740,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1741,

      SUBSTITUTE HOUSE BILL NO. 1749,

      SUBSTITUTE HOUSE BILL NO. 1769,

      SUBSTITUTE HOUSE BILL NO. 1778,

      HOUSE BILL NO. 1789,

      HOUSE BILL NO. 1790,

      SUBSTITUTE HOUSE BILL NO. 1791,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1792,

      SUBSTITUTE HOUSE BILL NO. 1793,

      SUBSTITUTE HOUSE BILL NO. 1812,

      SUBSTITUTE HOUSE BILL NO. 1816,

      ENGROSSED HOUSE BILL NO. 1824,

      HOUSE BILL NO. 1835,

      SUBSTITUTE HOUSE BILL NO. 1856,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1879,

      SECOND SUBSTITUTE HOUSE BILL NO. 1899,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SUBSTITUTE HOUSE BILL NO. 1943,

      SECOND SUBSTITUTE HOUSE BILL NO. 1946,

      SECOND SUBSTITUTE HOUSE BILL NO. 1951,

      SUBSTITUTE HOUSE BILL NO. 1957,

      ENGROSSED HOUSE BILL NO. 1967,

      SUBSTITUTE HOUSE BILL NO. 2003,

      HOUSE BILL NO. 2014,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2021,

      HOUSE BILL NO. 2025,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2049,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2072,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2075,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2078,

      SUBSTITUTE HOUSE BILL NO. 2079,

      SECOND SUBSTITUTE HOUSE BILL NO. 2106,

      SECOND SUBSTITUTE HOUSE BILL NO. 2119,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2128,

      HOUSE BILL NO. 2129,

      HOUSE BILL NO. 2146,

      SUBSTITUTE HOUSE BILL NO. 2157,

      SUBSTITUTE HOUSE BILL NO. 2160,

      HOUSE BILL NO. 2199,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2222,

      SUBSTITUTE HOUSE BILL NO. 2223,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2261,

      SUBSTITUTE HOUSE BILL NO. 2287,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2289,

      HOUSE BILL NO. 2313,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 21, 2009

 

MR. PRESIDENT:

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

      SUBSTITUTE HOUSE BILL NO. 1347,

      SUBSTITUTE HOUSE BILL NO. 1919,

      ENGROSSED HOUSE BILL NO. 1986,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2035,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2227,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 6187             by Senator McCaslin

 

AN ACT Relating to criminal statute of limitations; and reenacting and amending RCW 9A.04.080.

 

Referred to Committee on Judiciary.


 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 2363          by House Committee on Ways & Means (originally sponsored by Representative Linville)

 

AN ACT Relating to temporary suspension of cost-of-living increases for educational employees; amending RCW 28A.400.205, 28B.50.465, and 28B.50.468; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

MOTION

 

      On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

 

MOTION

 

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

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Marr moved that Gubernatorial Appointment No. 9150, Ted Baseler, as a member of the Board of Regents, Washington State University, be confirmed.

      Senator Marr spoke in favor of the motion.

 

MOTION

 

On motion of Senator Brandland, Senator Pflug was excused.

 

MOTION

 

On motion of Senator Marr, Senators Brown, Haugen, Prentice and Tom were excused.

 

PARLIAMENTARY INQUIRY

 

Senator Benton: “Thank you Mr. President. I understand that Rule 46 has been suspended and, which states, that no committee shall sit during the daily session of the Senate unless by special leave. No committee shall sit during any scheduled caucus, so I understand that rule has been suspended. My question to you and parliamentary inquiry is: the appropriateness of members missing votes. I think there’s two separate issues here. We have members that are performing their official duties as members of the committee which precludes them from being here on the floor to actually cast a vote on behalf of their constituents. So, we may have relieved them of the rule, rule number 46, I think it’s inappropriate and I’d like to have it duly noted in the record that we have members that cannot be here to vote because they are performing official duties in committee which is the reason for rule 46 in the first place.”

 

REMARKS BY SENATOR EIDE

 

      Senator Eide: “Thank you Mr. President. Just for the information of the good gentleman. In fact they have adjourned and are in the chambers as we speak.”

 

APPOINTMENT OF TED BASELER

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9150, Ted Baseler as a member of the Board of Regents, Washington State University.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9150, Ted Baseler as a member of the Board of Regents, Washington State University and the appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

      Excused: Senators Haugen, Pflug, Prentice and Tom

Gubernatorial Appointment No. 9150, Ted Baseler, having received the constitutional majority was declared confirmed as a member of the Board of Regents, Washington State University.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Fraser moved that Gubernatorial Appointment No. 9064, Keith L. Kessler, as a member of the Board of Trustees, the Evergreen State College, be confirmed.

      Senator Fraser spoke in favor of the motion.

 

APPOINTMENT OF KEITH L. KESSLER

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9064, Keith L. Kessler as a member of the Board of Trustees, the Evergreen State College.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9064, Keith L. Kessler as a member of the Board of Trustees, the Evergreen State College and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Haugen and Tom

Gubernatorial Appointment No. 9064, Keith L. Kessler, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, the Evergreen State College.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Rockefeller moved that Gubernatorial Appointment No. 9156, Jeffrey D. Goltz, as a member of the Utilities and Transportation Commission, be confirmed.

      Senator Rockefeller spoke in favor of the motion.

 


MOTION

 

On motion of Senator Marr, Senator Brown was excused.

 

APPOINTMENT OF JEFFREY D. GOLTZ

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9156, Jeffrey D. Goltz as a member of the Utilities and Transportation Commission.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9156, Jeffrey D. Goltz as a member of the Utilities and Transportation Commission and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Haugen and Tom

Gubernatorial Appointment No. 9156, Jeffrey D. Goltz, having received the constitutional majority was declared confirmed as a member of the Utilities and Transportation Commission.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 20, 2009

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1081 and asks Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Jarrett moved that the Senate recede from its position on Second Substitute House Bill No. 1081 and pass the bill without the Senate amendment(s).

      Senators Jarrett and Swecker spoke in favor of passage of the motion.

      The President declared the question before the Senate to be motion by Senator Jarrett that the Senate recede from its position on Second Substitute House Bill No. 1081 and pass the bill without Senate amendment(s).

The motion by Senator Jarrett carried and the Senate receded from its position on Second Substitute House Bill No. 1081 and pass the bill without the Senate amendment(s).

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1081 without the Senate amendments.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1081, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

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

      Voting nay: Senators Benton, Holmquist, Honeyford and Stevens

SECOND SUBSTITUTE HOUSE BILL NO. 1081, without the Senate amendment(s), 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

 

April 16, 2009

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1119 and asks Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1119.

      Senator Kline spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Kline that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1119.

The motion by Senator Kline carried and the Senate receded from its amendments to Substitute House Bill No. 1119 by voice vote.

 

MOTION

 

On motion of Senator Kline, the rules were suspended and Substitute House Bill No. 1119 was returned to second reading for the purposes of amendment.

 

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1119, by House Committee on Judiciary (originally sponsored by Representatives Pedersen, Rodne, Goodman and Kelley)

 

      Concerning the management of funds held by nonprofit institutions.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kline moved that the following striking amendment by Senators Kline and Kohl-Welles be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. SHORT TITLE. This act may be known and cited as the uniform prudent management of institutional funds act.

      NEW SECTION. Sec. 2. DEFINITIONS. In this chapter:

      (1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.

      (2) "Endowment fund" means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. "Endowment fund" does not include assets that an institution designates as an endowment fund for its own use.

      (3) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.

      (4) "Institution" means:

      (a) A person, other than an individual, organized and operated exclusively for charitable purposes;

      (b) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; or

      (c) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

      (5) "Institutional fund" means a fund held by an institution exclusively for charitable purposes. "Institutional fund" does not include:

      (a) Program-related assets;

       (b) A fund held for an institution by a trustee that is not an institution; or

      (c) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.

      (6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

      (7) "Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

      (8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      NEW SECTION. Sec. 3. STANDARD OF CONDUCT IN MANAGING AND INVESTING INSTITUTIONAL FUND. (1) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

      (2) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

      (3) In managing and investing an institutional fund, an institution:

      (a) May incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution; and

      (b) Shall make a reasonable effort to verify facts relevant to the management and investment of the fund.

      (4) An institution may pool two or more institutional funds for purposes of management and investment.

      (5) Except as otherwise provided by a gift instrument, the following rules apply:

       (a) In managing and investing an institutional fund, the following factors, if relevant, must be considered:

      (i) General economic conditions;

      (ii) The possible effect of inflation or deflation;

      (iii) The expected tax consequences, if any, of investment decisions or strategies;

      (iv) The role that each investment or course of action plays within the overall investment portfolio of the fund;

      (v) The expected total return from income and the appreciation of investments;

      (vi) Other resources of the institution;

      (vii) The needs of the institution and the institutional fund to make distributions and to preserve capital; and

      (viii) An asset's special relationship or special value, if any, to the charitable purposes of the institution.

      (b) Management and investment decisions about an individual asset must be made not in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the institutional fund and to the institution.

      (c) Except as otherwise provided by law, an institution may invest in any kind of property or type of investment consistent with this section.

      (d) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification.

      (e) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution as necessary to meet other circumstances of the institution and the requirements of this chapter.

      (f) A person that has special skills or expertise, or is selected in reliance upon the person's representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds.

      NEW SECTION. Sec. 4. APPROPRIATION FOR EXPENDITURE OR ACCUMULATION OF ENDOWMENT FUND--RULES OF CONSTRUCTION. (1) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

      (a) The duration and preservation of the endowment fund;

      (b) The purposes of the institution and the endowment fund;

      (c) General economic conditions;

      (d) The possible effect of inflation or deflation;

      (e) The expected total return from income and the appreciation of investments;

      (f) Other resources of the institution; and

      (g) The investment policy of the institution.

      (2) To limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section, a gift instrument must specifically state the limitation.

      (3) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income," "interest," "dividends," or "rents, issues, or profits," or "to preserve the principal intact," or words of similar import:

      (a) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

      (b) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section.

      NEW SECTION. Sec. 5. DELEGATION OF MANAGEMENT AND INVESTMENT FUNCTIONS. (1) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

      (a) Selecting an agent;


      (b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

      (c) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.

      (2) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

      (3) An institution that complies with subsection (1) of this section is not liable for the decisions or actions of an agent to which the function was delegated.

      (4) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.

      (5) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law.

      NEW SECTION. Sec. 6. RELEASE OR MODIFICATION OF RESTRICTIONS ON MANAGEMENT, INVESTMENT, OR PURPOSE. (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

      (2) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention.

      (3) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard.

      (4) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, sixty days after notification to the attorney general, may release or modify the restriction, in whole or part, if:

      (a) The institutional fund subject to the restriction has a total value of less than seventy-five thousand dollars. On the first day of July of each year, beginning on July 1, 2011, the dollar limit provided in this subsection (4)(a) shall increase by an amount of two thousand five hundred dollars;

      (b) More than twenty years have elapsed since the fund was established; and

      (c) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.

      NEW SECTION. Sec. 7. REVIEWING COMPLIANCE. Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.

      NEW SECTION. Sec. 8. APPLICATION TO EXISTING INSTITUTIONAL FUNDS. (1) Before July 1, 2009, this chapter applies to an institutional fund existing on the effective date of this act only if the institution's governing body elects to apply this chapter to the institutional fund before July 1, 2009.

       (2) On and after July 1, 2009, this chapter applies to all institutional funds.

      (3) As applied to institutional funds existing on the effective date of this act, this chapter governs only decisions made or actions taken on or after July 1, 2009, except that in the case of an institution that makes the election under subsection (1) of this section this chapter governs decisions made or actions taken on or after the date the institution elects to be covered by this chapter.

      NEW SECTION. Sec. 9. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(a), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).

      NEW SECTION. Sec. 10. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      NEW SECTION. Sec. 11. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.

      NEW SECTION. Sec. 12. Sections 1 through 11 of this act constitute a new chapter in Title 24 RCW.

      NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed, effective July 1, 2009:

      (1) RCW 24.44.010 (Definitions) and 1973 c 17 s 1;

      (2) RCW 24.44.020 (Appropriation of appreciation) and 1973 c 17 s 2;

      (3) RCW 24.44.030 (Investment authority) and 1973 c 17 s 3;

      (4) RCW 24.44.040 (Delegation of investment management) and 1973 c 17 s 4;

      (5) RCW 24.44.050 (Standard of conduct) and 1973 c 17 s 5;

      (6) RCW 24.44.060 (Release of restrictions on use or investments) and 1973 c 17 s 6;

       (7) RCW 24.44.070 (Uniformity of application and construction) and 1973 c 17 s 8;

      (8) RCW 24.44.080 (Short title) and 1973 c 17 s 9;

      (9) RCW 24.44.090 (Section headings) and 1973 c 17 s 10; and

      (10) RCW 24.44.900 (Severability--1973 c 17) and 1973 c 17 s 7.

      NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kline and Kohl-Welles to Substitute House Bill No. 1119.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "institutions;" strike the remainder of the title and insert "adding a new chapter to Title 24 RCW; repealing RCW 24.44.010, 24.44.020, 24.44.030, 24.44.040, 24.44.050, 24.44.060, 24.44.070, 24.44.080, 24.44.090, and 24.44.900; providing an effective date; and declaring an emergency."

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1119 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline spoke in favor of passage of the bill.


      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1119 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1119 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

      SUBSTITUTE HOUSE BILL NO. 1119 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 16, 2009

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131 and asks Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kastama moved that the Senate recede from its position on the Senate amendments to Engrossed Substitute House Bill No. 1131.

      Senator Kastama spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Kastama that the Senate recede from its position on the Senate amendments to Engrossed Substitute House Bill No. 1131.

The motion by Senator Kastama carried and the Senate receded from its amendments to Engrossed Substitute House Bill No. 1131 by voice vote.

 

MOTION

 

On motion of Senator Kastama, the rules were suspended and Engrossed Substitute House Bill No. 1131 was returned to second reading for the purposes of amendment.

 

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131, by House Committee on Community & Economic Development & Trade (originally sponsored by Representatives Kenney, Pettigrew, Haler, Ericks, Bailey, Liias, Hasegawa, Hudgins, Darneille, Chase, Dunshee, Kelley, Sullivan and Nelson)

 

      Concerning the Washington state economic development commission.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kastama moved that the following striking amendment by Senators Kastama and Zarelli be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 43.162.010 and 2007 c 232 s 2 are each amended to read as follows:

      (1) The Washington state economic development commission is established ((to oversee the economic development strategies and policies of the department of community, trade, and economic development)) as an independent agency of the state to provide the governor and legislature with policy analysis, strategic planning, program evaluation, and monitoring of the state's economic development system.

      (2)(a) The Washington state economic development commission shall consist of eleven voting members appointed by the governor as follows: Six representatives of the private sector, one representative of labor, one representative of port districts, one representative of four-year state public higher education, one representative for state community or technical colleges, and one representative of associate development organizations. The director of the department of community, trade, and economic development, the director of the workforce training and education coordinating board, the commissioner of the employment security department, and the chairs and ranking minority members of the standing committees of the house of representatives and the senate overseeing economic development policies shall serve as nonvoting ex officio members.

      The chair of the commission shall be a voting member selected by the governor with the consent of the senate, and shall serve at the pleasure of the governor. In selecting the chair, the governor shall seek a person who understands the future economic needs of the state and nation and the role the state's economic development system has in meeting those needs.

       (b) In making the appointments, the governor shall consult with organizations that have an interest in economic development, including, but not limited to, industry associations, labor organizations, minority business associations, economic development councils, chambers of commerce, port associations, tribes, and the chairs of the legislative committees with jurisdiction over economic development.

      (c) The members shall be representative of the geographic regions of the state, including eastern and central Washington, as well as represent the ethnic diversity of the state. Private sector members shall represent existing and emerging industries, small businesses, women-owned businesses, and minority-owned businesses. Members of the commission shall serve statewide interests while preserving their diverse perspectives, and shall be recognized leaders in their fields with demonstrated experience in economic development or disciplines related to economic development.

      (3) Members appointed by the governor shall serve at the pleasure of the governor for not more than two consecutive three-year terms, except that, as determined by the governor, the terms of four of the appointees on the commission on the effective date of this section will expire in 2010, the terms of four of the appointees on the commission on the effective date of this section will expire in 2011, and the terms of three of the appointees on the commission on the effective date of this section will expire in 2012. Thereafter all terms shall be for three years. Vacancies shall be filled in the same manner as the original appointments.

      (4) The commission may establish committees as it desires, and may invite nonmembers of the commission to serve as committee members.

      (5) The executive director of the commission shall be appointed by the governor with the consent of the voting members of the commission. The salary of the executive director shall be set by the governor with the consent of the commission. The governor may dismiss the executive director only with the approval of a majority vote of the commission. The commission, by a majority vote, may dismiss the executive director with the approval of the governor.

      (6) The commission may adopt rules for its own governance.

      (7) Members are eligible to receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

       (8) A majority of members currently appointed constitutes a quorum for the purpose of conducting business.

      Sec. 2. RCW 43.162.020 and 2007 c 232 s 4 are each amended to read as follows:

      (1) The Washington state economic development commission shall:

      (((1))) (a) Concentrate its major efforts on planning, coordination, evaluation, policy analysis, and recommending improvements to the state's economic development system using, but not limited to, the "Next Washington" plan and the global competitiveness council recommendations;

      (((2))) (b) Develop and maintain on a biennial basis a state comprehensive plan for economic development, including but not limited to goals, objectives, and priorities for the state economic development system; identify the elements local associate development organizations must include in their countywide economic development plans; and review the state system for consistency with the state comprehensive plan. In developing the state comprehensive plan for economic development, the commission shall use, but may not be limited to: Economic, labor market, and populations trend reports in office of financial management forecasts; the annual state economic climate report prepared by the economic climate council; joint office of financial management and employment security department labor force, industry employment, and occupational forecasts; the results of scientifically based outcome evaluations; the needs of industry associations, industry clusters, businesses, and employees as evidenced in formal surveys and other input;

      (((3))) (c) Establish and maintain an inventory of the programs of the state economic development system and related state programs; perform a biennial assessment of the ongoing and strategic economic development needs of the state; and assess the extent to which the economic development system and related programs represent a consistent, coordinated, efficient, and integrated approach to meet such needs; ((and

      (4))) (d) Produce a biennial report to the governor and the legislature on progress by the commission in coordinating the state's economic development system and meeting the other obligations of this chapter, as well as include recommendations for any statutory changes necessary to enhance operational efficiencies or improve coordination;

      (e) Consult, collaborate, and coordinate with other state agencies and local organizations when developing plans, inventories, and assessments so as to avoid duplication of effort; and

      (f) Have the authority to accept gifts, grants, donations, sponsorships, or contributions from any federal, state, or local governmental agency or program or any private source and expend the same for any purpose consistent with the provisions of this chapter.

      (2) The commission may delegate to the executive director any of the functions of this section.

      (3) The executive director must present a fiscal report to the commission quarterly for its review and approval.

      (4) To maintain its leadership and concentration on strategic planning, coordination, and assessment of the economic development system as a whole, the commission shall not take an administrative role in the delivery of services.

      Sec. 3. 2007 c 232 s 6 (uncodified) is amended to read as follows:

      (1) ((The commission must develop and update a state comprehensive plan for economic development and an initial inventory of economic development programs, as required under section 4 of this act, by June 30, 2008.

      (2))) Using the information from ((the)) its initial inventory of economic development programs, public input, and such other information as it deems appropriate, the commission shall, by ((September 1, 2008)) November 1, 2009, provide a report with findings, analysis, and recommendations to the governor and the legislature on the appropriate state role in economic development and the appropriate administrative and regional structures for the provision of economic development services. The report shall address how best to organize the state system to ensure that the state's economic development efforts:

      (a) Are organized around a clear central mission and aligned with the state's comprehensive plan for economic development;

      (b) Are capable of providing focused and flexible responses to changing economic conditions;

      (c) Generate greater local capacity to respond to local opportunities and needs;

       (d) Face no administrative barriers to efficiency and effectiveness;

      (e) Maximize results through partnerships and the use of intermediaries; and

      (f) Provide increased accountability to the public, the executive branch, and the legislature.

      (((3))) (2) The report should address the potential value of creating or consolidating specific programs if doing so would be consistent with an agency's core mission, and the potential value of removing specific programs from an agency if the programs are not central to the agency's core mission.

      Sec. 4. RCW 43.330.280 and 2009 c 72 s 2 are each amended to read as follows:

      (1) The Washington state economic development commission shall, with the advice of an innovation partnership advisory group selected by the commission:

      (a) Provide information and advice to the department of community, trade, and economic development to assist in the implementation of the innovation partnership zone program, including criteria to be used in the selection of grant applicants for funding;

      (b) Document clusters of companies throughout the state that have comparative competitive advantage or the potential for comparative competitive advantage, using the process and criteria for identifying strategic clusters developed by the working group specified in subsection (2) of this section;

      (c) Conduct an annual innovation opportunity analysis to identify (i) the strongest current intellectual assets and research teams in the state focused on emerging technologies and their commercialization, and (ii) faculty and researchers that could increase their focus on commercialization of technology if provided the appropriate technical assistance and resources;

      (d) Based on its findings and analysis, and in conjunction with the higher education coordinating board and research institutions:

      (i) Develop a plan to be updated annually to build on existing, and develop new, intellectual assets and innovation research teams in the state in research areas where there is a high potential to commercialize technologies. The commission shall present the plan to the governor and legislature by December 31, 2009, and by December 31st of each year thereafter. The higher education coordinating board shall be responsible for implementing the plan in conjunction with the publicly funded research institutions in the state. The plan shall address the following elements and such other elements as the commission deems important:

      (A) Specific mechanisms to support, enhance, or develop innovation research teams and strengthen their research and commercialization capacity in areas identified as useful to strategic clusters and innovative firms in the state;

      (B) Identification of the funding necessary for laboratory infrastructure needed to house innovation research teams;

      (C) Specification of the most promising research areas meriting enhanced resources and recruitment of significant entrepreneurial researchers to join or lead innovation research teams;

      (D) The most productive approaches to take in the recruitment, in the identified promising research areas, of a minimum of ((ten)) one significant entrepreneurial researcher((s over the next ten years)) per year to join or lead innovation research teams;


      (E) Steps to take in solicitation of private sector support for the recruitment of entrepreneurial researchers and the commercialization activity of innovation research teams; and

      (F) Mechanisms for ensuring the location of innovation research teams in innovation partnership zones;

      (ii) Provide direction for the development of comprehensive entrepreneurial assistance programs at research institutions. The programs may involve multidisciplinary students, faculty, entrepreneurial researchers, entrepreneurs, and investors in building business models and evolving business plans around innovative ideas. The programs may provide technical assistance and the support of an entrepreneur-in-residence to innovation research teams and offer entrepreneurial training to faculty, researchers, undergraduates, and graduate students. Curriculum leading to a certificate in entrepreneurship may also be offered;

      (e) Develop performance measures to be used in evaluating the performance of innovation research teams, the implementation of the plan and programs under (d)(i) and (ii) of this subsection, and the performance of innovation partnership zone grant recipients, including but not limited to private investment measures, business initiation measures, job creation measures, and measures of innovation such as licensing of ideas in research institutions, patents, or other recognized measures of innovation. The performance measures developed shall be consistent with the economic development commission's comprehensive plan for economic development and its standards and metrics for program evaluation. The commission shall report to the legislature and the governor by June 30, 2009, on the measures developed; and

      (f) Using the performance measures developed, perform a biennial assessment and report, the first of which shall be due December 31, 2012, on:

      (i) Commercialization of technologies developed at state universities, found at other research institutions in the state, and facilitated with public assistance at existing companies;

      (ii) Outcomes of the funding of innovation research teams and recruitment of significant entrepreneurial researchers;

      (iii) Comparison with other states of Washington's outcomes from the innovation research teams and efforts to recruit significant entrepreneurial researchers; and

      (iv) Outcomes of the grants for innovation partnership zones.

The report shall include recommendations for modifications of chapter 227, Laws of 2007 and of state commercialization efforts that would enhance the state's economic competitiveness.

      (2) The economic development commission and the workforce training and education coordinating board shall jointly convene a working group to:

      (a) Specify the process and criteria for identification of substate geographic concentrations of firms or employment in an industry and the industry's customers, suppliers, supporting businesses, and institutions, which process will include the use of labor market information from the employment security department and local labor markets; and

      (b) Establish criteria for identifying strategic clusters which are important to economic prosperity in the state, considering cluster size, growth rate, and wage levels among other factors.

      NEW SECTION. Sec. 5. A new section is added to chapter 43.162 RCW to read as follows:

      (1) The Washington state economic development commission fund is created in the state treasury. All receipts from gifts, grants, donations, sponsorships, or contributions under RCW 43.162.020 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the Washington state economic development commission only for purposes related to carrying out the mission, roles, and responsibilities of the commission.

      (2) Whenever any money, from the federal government or from other sources, that was not anticipated in the budget approved by the legislature, has actually been received and is designated to be spent for a specific purpose, the executive director shall use the unanticipated receipts process as provided in RCW 43.79.270 to request authority to spend the money.

      (3) The commission shall use the small agency client services within the office of financial management for accounting, budgeting, and payroll services.

      (4) The commission is subject to audits by the state auditor as provided under chapter 43.09 RCW."

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kastama and Zarelli to Engrossed Substitute House Bill No. 1131.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 43.162.010, 43.162.020, and 43.330.280; amending 2007 c 232 s 6 (uncodified); and adding a new section to chapter 43.162 RCW."

 

MOTION

 

      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute House Bill No. 1131 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kastama spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1131 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1131 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

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

      Voting nay: Senators McCaslin and Morton

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

 

SIGNED BY THE PRESIDENT

 

The President signed:

      SECOND SUBSTITUTE HOUSE BILL NO. 1021,

      SUBSTITUTE HOUSE BILL NO. 1036,

      ENGROSSED HOUSE BILL NO. 1087,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1123,

      HOUSE BILL NO. 1127,

      HOUSE BILL NO. 1137,

      HOUSE BILL NO. 1166,

      ENGROSSED HOUSE BILL NO. 1167,

      SUBSTITUTE HOUSE BILL NO. 1201,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1208,

      SUBSTITUTE HOUSE BILL NO. 1215,

      SUBSTITUTE HOUSE BILL NO. 1225,

      HOUSE BILL NO. 1295,


      SUBSTITUTE HOUSE BILL NO. 1300,

      SUBSTITUTE HOUSE BILL NO. 1309,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1326,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1349,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1362,

      SECOND SUBSTITUTE HOUSE BILL NO. 1373,

      ENGROSSED HOUSE BILL NO. 1385,

      HOUSE BILL NO. 1395,

      SUBSTITUTE HOUSE BILL NO. 1402,

      HOUSE BILL NO. 1433,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1445,

      HOUSE BILL NO. 1448,

      SECOND SUBSTITUTE HOUSE BILL NO. 1484,

 

SIGNED BY THE PRESIDENT

 

The President signed:

      HOUSE BILL NO. 1158,

      HOUSE BILL NO. 1184,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1516,

      SUBSTITUTE HOUSE BILL NO. 1529,

      ENGROSSED HOUSE BILL NO. 1530,

      SUBSTITUTE HOUSE BILL NO. 1552,

      ENGROSSED HOUSE BILL NO. 1566,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1571,

      SUBSTITUTE HOUSE BILL NO. 1583,

      HOUSE BILL NO. 1589,

      HOUSE BILL NO. 1640,

      HOUSE BILL NO. 1717,

      SUBSTITUTE HOUSE BILL NO. 1740,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1741,

      SUBSTITUTE HOUSE BILL NO. 1749,

      SUBSTITUTE HOUSE BILL NO. 1769,

      SUBSTITUTE HOUSE BILL NO. 1778,

      HOUSE BILL NO. 1789,

      HOUSE BILL NO. 1790,

      SUBSTITUTE HOUSE BILL NO. 1791,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1792,

      SUBSTITUTE HOUSE BILL NO. 1793,

      SUBSTITUTE HOUSE BILL NO. 1812,

      SUBSTITUTE HOUSE BILL NO. 1816,

      ENGROSSED HOUSE BILL NO. 1824,

      HOUSE BILL NO. 1835,

      SUBSTITUTE HOUSE BILL NO. 1856,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1879,

      SECOND SUBSTITUTE HOUSE BILL NO. 1899,

 

MESSAGE FROM THE HOUSE

 

April 16, 2009

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1170 and asks Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Regala moved that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1170.

      The President declared the question before the Senate to be motion by Senator Regala that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1170.

The motion by Senator Regala carried and the Senate receded from its amendments to Substitute House Bill No. 1170 by voice vote.

 

MOTION

 

On motion of Senator Regala, the rules were suspended and Substitute House Bill No. 1170 was returned to second reading for the purposes of amendment.

 

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1170, by House Committee on Judiciary (originally sponsored by Representatives McCoy, Rodne, Kelley, Warnick, Seaquist, Angel, Green, Shea, Sells, McCune, Kagi, Ormsby and Smith)

 

      Modifying parenting plans based on the military service of a parent.

 

      The measure was read the second time.

 

MOTION

 

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

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 26.09.004 and 2008 c 6 s 1003 are each amended to read as follows:

      The definitions in this section apply throughout this chapter.

      (1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation which is incorporated in a temporary order.

      (2) "Permanent parenting plan" means a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an action for dissolution of marriage or domestic partnership, declaration of invalidity, or legal separation.

      (3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:

      (a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;

      (b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;

      (c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;

      (d) Assisting the child in developing and maintaining appropriate interpersonal relationships;

       (e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and

      (f) Providing for the financial support of the child.

      (4) "Military duties potentially impacting parenting functions" means those obligations imposed, voluntarily or involuntarily, on a parent serving in the armed forces that may interfere with that parent's abilities to perform his or her parenting functions under a temporary or permanent parenting plan. Military duties potentially impacting parenting functions include, but are not limited to:

      (a) "Deployment," which means the temporary transfer of a service member serving in an active-duty status to another location in support of a military operation, to include any tour of duty classified by the member's branch of the armed forces as "remote" or "unaccompanied";

      (b) "Activation" or "mobilization," which means the call-up of a national guard or reserve service member to extended active-duty status. For purposes of this definition, "mobilization" does not include national guard or reserve annual training, inactive duty days, or drill weekends; or

      (c) "Temporary duty," which means the transfer of a service member from one military base or the service member's home to a different location, usually another base, for a limited period of time to accomplish training or to assist in the performance of a noncombat mission.

      Sec. 2. RCW 26.09.010 and 2008 c 6 s 1004 are each amended to read as follows:

      (1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.

      (2) A proceeding for dissolution of marriage or domestic partnership, legal separation or a declaration concerning the validity of a marriage or domestic partnership shall be entitled "In re the marriage of . . . . . . and . . . . . ." or "In re the domestic partnership of . . . . . . and . . . . . ." Such proceedings may be filed in the superior court of the county where the petitioner resides.

      (3) In cases where there has been no prior proceeding in this state involving the marital or domestic partnership status of the parties or support obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re the parenting and support of . . . . . ."

       (4) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.

      (5) In this chapter, "decree" includes "judgment".

      (6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage or domestic partnership shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed.

      (7) In order to provide a means by which to facilitate a fair, efficient, and swift process to resolve matters regarding custody and visitation when a parent serving in the armed forces receives temporary duty, deployment, activation, or mobilization orders from the military, the court shall, upon motion of such a parent:

      (a) For good cause shown, hold an expedited hearing in custody and visitation matters instituted under this chapter when the military duties of the parent have a material effect on the parent's ability, or anticipated ability, to appear in person at a regularly scheduled hearing; and

      (b) Upon reasonable advance notice to the affected parties and for good cause shown, allow the parent to present testimony and evidence by electronic means in custody and visitation matters instituted under this chapter when the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing. The phrase "electronic means" includes communication by telephone, video teleconference, or the internet.

      Sec. 3. RCW 26.09.260 and 2000 c 21 s 19 are each amended to read as follows:

      (1) Except as otherwise provided in subsections (4), (5), (6), (8), and (10) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child. The effect of a parent's military duties potentially impacting parenting functions shall not, by itself, be a substantial change of circumstances justifying a permanent modification of a prior decree or plan.

      (2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:

      (a) The parents agree to the modification;

      (b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;

      (c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or

      (d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.

      (3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances for the purposes of this section.

      (4) The court may reduce or restrict contact between the child and the parent with whom the child does not reside a majority of the time if it finds that the reduction or restriction would serve and protect the best interests of the child using the criteria in RCW 26.09.191.

      (5) The court may order adjustments to the residential aspects of a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a minor modification in the residential schedule that does not change the residence the child is scheduled to reside in the majority of the time and:

      (a) Does not exceed twenty-four full days in a calendar year; or

       (b) Is based on a change of residence of the parent with whom the child does not reside the majority of the time or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or

      (c) Does not result in a schedule that exceeds ninety overnights per year in total, if the court finds that, at the time the petition for modification is filed, the decree of dissolution or parenting plan does not provide reasonable time with the parent with whom the child does not reside a majority of the time, and further, the court finds that it is in the best interests of the child to increase residential time with the parent in excess of the residential time period in (a) of this subsection. However, any motion under this subsection (5)(c) is subject to the factors established in subsection (2) of this section if the party bringing the petition has previously been granted a modification under this same subsection within twenty-four months of the current motion. Relief granted under this section shall not be the sole basis for adjusting or modifying child support.

      (6) The court may order adjustments to the residential aspects of a parenting plan pursuant to a proceeding to permit or restrain a relocation of the child. The person objecting to the relocation of the child or the relocating person's proposed revised residential schedule may file a petition to modify the parenting plan, including a change of the residence in which the child resides the majority of the time, without a showing of adequate cause other than the proposed relocation itself. A hearing to determine adequate cause for modification shall not be required so long as the request for relocation of the child is being pursued. In making a determination of a modification pursuant to relocation of the child, the court shall first determine whether to permit or restrain the relocation of the child using the procedures and standards provided in RCW 26.09.405 through 26.09.560. Following that determination, the court shall determine what modification pursuant to relocation should be made, if any, to the parenting plan or custody order or visitation order.

      (7) A parent with whom the child does not reside a majority of the time and whose residential time with the child is subject to limitations pursuant to RCW 26.09.191 (2) or (3) may not seek expansion of residential time under subsection (5)(c) of this section unless that parent demonstrates a substantial change in circumstances specifically related to the basis for the limitation.

      (8)(a) If a parent with whom the child does not reside a majority of the time voluntarily fails to exercise residential time for an extended period, that is, one year or longer, the court upon proper motion may make adjustments to the parenting plan in keeping with the best interests of the minor child.

      (b) For the purposes of determining whether the parent has failed to exercise residential time for one year or longer, the court may not count any time periods during which the parent did not exercise residential time due to the effect of the parent's military duties potentially impacting parenting functions.

      (9) A parent with whom the child does not reside a majority of the time who is required by the existing parenting plan to complete evaluations, treatment, parenting, or other classes may not seek expansion of residential time under subsection (5)(c) of this section unless that parent has fully complied with such requirements.

      (10) The court may order adjustments to any of the nonresidential aspects of a parenting plan upon a showing of a substantial change of circumstances of either parent or of a child, and the adjustment is in the best interest of the child. Adjustments ordered under this section may be made without consideration of the factors set forth in subsection (2) of this section.

      (11) If the parent with whom the child resides a majority of the time receives temporary duty, deployment, activation, or mobilization orders from the military that involve moving a substantial distance away from the parent's residence or otherwise would have a material effect on the parent's ability to exercise parenting functions and primary placement responsibilities, then:

      (a) Any temporary custody order for the child during the parent's absence shall end no later than ten days after the returning parent provides notice to the temporary custodian, but shall not impair the discretion of the court to conduct an expedited or emergency hearing for resolution of the child's residential placement upon return of the parent and within ten days of the filing of a motion alleging an immediate danger of irreparable harm to the child. If a motion alleging immediate danger has not been filed, the motion for an order restoring the previous residential schedule shall be granted; and

       (b) The temporary duty, activation, mobilization, or deployment and the temporary disruption to the child's schedule shall not be a factor in a determination of change of circumstances if a motion is filed to transfer residential placement from the parent who is a military service member.

      (12) If a parent receives military temporary duty, deployment, activation, or mobilization orders that involve moving a substantial distance away from the military parent's residence or otherwise have a material effect on the military parent's ability to exercise residential time or visitation rights, at the request of the military parent, the court may delegate the military parent's residential time or visitation rights, or a portion thereof, to a child's family member, including a stepparent, or another person other than a parent, with a close and substantial relationship to the minor child for the duration of the military parent's absence, if delegating residential time or visitation rights is in the child's best interest. The court may not permit the delegation of residential time or visitation rights to a person who would be subject to limitations on residential time under RCW 26.09.191. The parties shall attempt to resolve disputes regarding delegation of residential time or visitation rights through the dispute resolution process specified in their parenting plan, unless excused by the court for good cause shown. Such a court-ordered temporary delegation of a military parent's residential time or visitation rights does not create separate rights to residential time or visitation for a person other than a parent.

      (13) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party."

      Senators Regala and Stevens spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Regala, Hargrove and Stevens to Substitute House Bill No. 1170.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "parent;" strike the remainder of the title and insert "and amending RCW 26.09.004, 26.09.010, and 26.09.260."

 

MOTION

 

      On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 1170 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1170 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1170 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

      SUBSTITUTE HOUSE BILL NO. 1170 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 16, 2009

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1239 and asks Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Regala moved that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1239.

      The President declared the question before the Senate to be motion by Senator Regala that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1239.

The motion by Senator Regala carried and the Senate receded from its amendments to Substitute House Bill No. 1239 by voice vote.

 

MOTION

 

On motion of Senator Regala, the rules were suspended and Substitute House Bill No. 1239 was returned to second reading for the purposes of amendment.

 


SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1239, by House Committee on Early Learning & Children's Services (originally sponsored by Representatives Kagi, Walsh, Goodman, Haler, Roberts, Appleton, Moeller and Kenney)

 

      Addressing parenting plans and residential schedules in dependency proceedings.

 

      The measure was read the second time.

 

MOTION

 

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

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 13.04.030 and 2005 c 290 s 1 and 2005 c 238 s 1 are each reenacted and amended to read as follows:

      (1) Except as provided in this section, the juvenile courts in this state shall have exclusive original jurisdiction over all proceedings:

      (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

      (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through ((13.34.170)) 13.34.161;

      (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

      (d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;

      (e) Relating to juveniles alleged or found to have committed offenses, traffic or civil infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

      (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110;

      (ii) The statute of limitations applicable to adult prosecution for the offense, traffic or civil infraction, or violation has expired;

      (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense, or traffic or civil infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction, and no guardian ad litem is required in any such proceeding due to the juvenile's age((: PROVIDED, That)). If such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters((: PROVIDED FURTHER, That)). The jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection((: PROVIDED FURTHER, That)). Courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060;

      (iv) The alleged offense is a traffic or civil infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over those offenses as provided in RCW 13.04.0301; or

      (v) The juvenile is sixteen or seventeen years old on the date the alleged offense is committed and the alleged offense is:

      (A) A serious violent offense as defined in RCW 9.94A.030;

      (B) A violent offense as defined in RCW 9.94A.030 and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately;

      (C) Robbery in the first degree, rape of a child in the first degree, or drive-by shooting, committed on or after July 1, 1997;

      (D) Burglary in the first degree committed on or after July 1, 1997, and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offenses; or

      (E) Any violent offense as defined in RCW 9.94A.030 committed on or after July 1, 1997, and the juvenile is alleged to have been armed with a firearm.

      (I) In such a case the adult criminal court shall have exclusive original jurisdiction, except as provided in (e)(v)(E)(II) of this subsection.

      (II) The juvenile court shall have exclusive jurisdiction over the disposition of any remaining charges in any case in which the juvenile is found not guilty in the adult criminal court of the charge or charges for which he or she was transferred, or is convicted in the adult criminal court of a lesser included offense that is not also an offense listed in (e)(v) of this subsection. The juvenile court shall enter an order extending juvenile court jurisdiction if the juvenile has turned eighteen years of age during the adult criminal court proceedings pursuant to RCW 13.40.300. However, once the case is returned to juvenile court, the court may hold a decline hearing pursuant to RCW 13.40.110 to determine whether to retain the case in juvenile court for the purpose of disposition or return the case to adult criminal court for sentencing.

      If the juvenile challenges the state's determination of the juvenile's criminal history under (e)(v) of this subsection, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

      (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

      (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age;

      (h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction;

      (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042; and

      (j) Relating to judicial determinations and permanency planning hearings involving developmentally disabled children who have been placed in out-of-home care pursuant to a voluntary placement agreement between the child's parent, guardian, or legal custodian and the department of social and health services.

      (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

      (3) The juvenile court shall have concurrent original jurisdiction with the family court over child custody proceedings under chapter 26.10 RCW and parenting plans or residential schedules under chapters 26.09 and 26.26 RCW as provided for in RCW 13.34.155.

      (4) A juvenile subject to adult superior court jurisdiction under subsection (1)(e)(i) through (v) of this section, who is detained pending trial, may be detained in a detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

      Sec. 2. RCW 13.34.155 and 2000 c 135 s 1 are each amended to read as follows:

      (1) The court hearing the dependency petition may hear and determine issues related to chapter 26.10 RCW in a dependency proceeding as necessary to facilitate a permanency plan for the child or children as part of the dependency disposition order or a dependency review order or as otherwise necessary to implement a permanency plan of care for a child. The parents, guardians, or legal custodian of the child must agree, subject to court approval, to establish a permanent custody order. This agreed order may have the concurrence of the other parties to the dependency including the supervising agency, the guardian ad litem of the child, and the child if age twelve or older, and must also be in the best interests of the child. If the petitioner for a custody order under chapter 26.10 RCW is not a party to the dependency proceeding, he or she must agree on the record or by the filing of a declaration to the entry of a custody order. Once an order is entered under chapter 26.10 RCW, and the dependency petition dismissed, the department shall not continue to supervise the placement.

      (2)(a) The court hearing the dependency petition may establish or modify a parenting plan under chapter 26.09 or 26.26 RCW as part of a disposition order or at a review hearing when doing so will implement a permanent plan of care for the child and result in dismissal of the dependency.

      (b) The dependency court shall adhere to procedural requirements under chapter 26.09 RCW and must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.

      (c) Unless the whereabouts of one of the parents is unknown to either the department or the court, the parents must agree, subject to court approval, to establish the parenting plan or modify an existing parenting plan.

      (d) Whenever the court is asked to establish or modify a parenting plan, the child's residential schedule, the allocation of decision-making authority, and dispute resolution under this section, the dependency court may:

      (i) Appoint a guardian ad litem to represent the interests of the child when the court believes the appointment is necessary to protect the best interests of the child; and

      (ii) Appoint an attorney to represent the interests of the child with respect to provisions for the parenting plan.

      (e) The dependency court must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.

      (f) The dependency court may interview the child in chambers to ascertain the child's wishes as to the child's residential schedule in a proceeding for the entry or modification of a parenting plan under this section. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to become part of the court record of the dependency case and the case under chapter 26.09 or 26.26 RCW.

      (g) In the absence of agreement by a parent, guardian, or legal custodian of the child to allow the juvenile court to hear and determine issues related to the establishment or modification of a parenting plan under chapter 26.09 or 26.26 RCW, a party may move the court to transfer such issues to the family law department of the superior court for further resolution. The court may only grant the motion upon entry of a written finding that it is in the best interests of the child.

      (h) In any parenting plan agreed to by the parents and entered or modified in juvenile court under this section, all issues pertaining to child support and the division of marital property shall be referred to or retained by the family law department of the superior court.

       (3) Any court order determining issues under chapter 26.10 RCW is subject to modification upon the same showing and standards as a court order determining Title 26 RCW issues.

      (((3))) (4) Any order entered in the dependency court establishing or modifying a permanent legal custody order or, parenting plan, or residential schedule under chapters 26.09, 26.10, and 26.26 RCW shall also be filed in the chapter 26.09, 26.10, and 26.26 RCW action by the moving or prevailing party. If the petitioning or moving party has been found indigent and appointed counsel at public expense in the dependency proceeding, no filing fees shall be imposed by the clerk. Once filed, any order, parenting plan, or residential schedule establishing or modifying permanent legal custody of a child shall survive dismissal of the dependency proceeding."

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Regala, Hargrove and Stevens to Substitute House Bill No. 1239.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "proceedings;" strike the remainder of the title and insert "amending RCW 13.34.155; and reenacting and amending RCW 13.04.030."

 

MOTION

 

      On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 1239 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

MOTION

 

On motion of Senator Brandland, Senator Delvin was excused.

 

MOTION

 

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

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1239 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1239 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Brown, Delvin and Hargrove

      SUBSTITUTE HOUSE BILL NO. 1239 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 20, 2009

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1292 and asks Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk


 

MOTION

 

Senator Oemig moved that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1292.

      The President declared the question before the Senate to be motion by Senator Oemig that the Senate recede from its position on the Senate amendments to Substitute House Bill No. 1292.

The motion by Senator Oemig carried and the Senate receded from its amendments to Substitute House Bill No. 1292 by voice vote.

 

MOTION

 

On motion of Senator Oemig, the rules were suspended and Substitute House Bill No. 1292 was returned to second reading for the purposes of amendment.

 

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1292, by House Committee on Education (originally sponsored by Representatives Newhouse, Chandler and Simpson)

 

      Authorizing waivers from the one hundred eighty-day school year requirement in order to allow four-day school weeks.

 

      The measure was read the second time.

 

MOTION

 

      Senator Oemig moved that the following striking amendment by Senators McAuliffe, Rockefeller and Honeyford be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature continues to support school districts seeking innovations to further the educational experiences of students and staff while also realizing increased efficiencies in day- to-day operations. School districts have suggested that efficiencies in heating, lighting, or maintenance expenses could be possible if districts were given the ability to create a more flexible calendar. Furthermore, the legislature finds that a flexible calendar could be beneficial to student learning by allowing for the use of the unscheduled days for professional development activities, planning, tutoring, special programs, parent conferences, and athletic events. A flexible calendar also has the potential to ease the burden of long commutes on students in rural areas and to lower absenteeism.

      School districts in several western states have operated on a four- day school week and report increased efficiencies, family support, and reduced absenteeism, with no negative impact on student learning. Small rural school districts in particular could benefit due to their high per-pupil costs for transportation and utilities. Therefore, the legislature intends to provide increased flexibility to a limited number of school districts to explore the potential value of operating on a flexible calendar, so long as adequate safeguards are put in place to prevent any negative impact on student learning.

      NEW SECTION. Sec. 2. A new section is added to chapter 28A.305 RCW to read as follows:

      (1) In addition to waivers authorized under RCW 28A.305.140 and 28A.655.180, the state board of education may grant waivers from the requirement for a one hundred eighty-day school year under RCW 28A.150.220 and 28A.150.250 to school districts that propose to operate one or more schools on a flexible calendar for purposes of economy and efficiency as provided in this section. The requirement under RCW 28A.150.220 that school districts offer an annual average instructional hour offering of at least one thousand hours shall not be waived.

      (2) A school district seeking a waiver under this section must submit an application that includes:

      (a) A proposed calendar for the school day and school year that demonstrates how the instructional hour requirement will be maintained;

      (b) An explanation and estimate of the economies and efficiencies to be gained from compressing the instructional hours into fewer than one hundred eighty days;

      (c) An explanation of how monetary savings from the proposal will be redirected to support student learning;

      (d) A summary of comments received at one or more public hearings on the proposal and how concerns will be addressed;

      (e) An explanation of the impact on students who rely upon free and reduced-price school child nutrition services and the impact on the ability of the child nutrition program to operate an economically independent program;

      (f) An explanation of the impact on the ability to recruit and retain employees in education support positions;

      (g) An explanation of the impact on students whose parents work during the missed school day; and

      (h) Other information that the state board of education may request to assure that the proposed flexible calendar will not adversely affect student learning.

      (3) The state board of education shall adopt criteria to evaluate waiver requests. No more than five districts may be granted waivers. Waivers may be granted for up to three years. After each school year, the state board of education shall analyze empirical evidence to determine whether the reduction is affecting student learning. If the state board of education determines that student learning is adversely affected, the school district shall discontinue the flexible calendar as soon as possible but not later than the beginning of the next school year after the determination has been made. All waivers expire August 31, 2014.

      (a) Two of the five waivers granted under this subsection shall be granted to school districts with student populations of less than one hundred fifty students.

      (b) Three of the five waivers granted under this subsection shall be granted to school districts with student populations of between one hundred fifty-one and five hundred students.

      (4) The state board of education shall examine the waivers granted under this section and make a recommendation to the education committees of the legislature by December 15, 2013, regarding whether the waiver program should be continued, modified, or allowed to terminate. This recommendation should focus on whether the program resulted in improved student learning as demonstrated by empirical evidence. Such evidence includes, but is not limited to: Improved scores on the Washington assessment of student learning, results of the dynamic indicators of basic early literacy skills, student grades, and attendance.

      (5) This section expires August 31, 2014.

      Sec. 3. RCW 28A.655.180 and 1995 c 208 s 1 are each amended to read as follows:

      (1) The state board of education, where appropriate, or the superintendent of public instruction, where appropriate, may grant waivers to districts from the provisions of statutes or rules relating to: The length of the school year; student-to-teacher ratios; and other administrative rules that in the opinion of the state board of education or the opinion of the superintendent of public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within the district.

      (2) School districts may use the application process in RCW 28A.305.140 ((or 28A.300.138)) to apply for the waivers under ((subsection (1) of)) this section.

      (((3) The joint select committee on education restructuring shall study which waivers of state laws or rules are necessary for school districts to implement education restructuring. The committee shall study whether the waivers are used to implement specific essential academic learning requirements and student learning goals. The committee shall study the availability of waivers under the schools for the twenty-first century program created by chapter 525, Laws of 1987, and the use of those waivers by schools participating in that program. The committee shall also study the use of waivers authorized under RCW 28A.305.140. The committee shall report its findings to the legislature by December 1, 1997.))

      NEW SECTION. Sec. 4. RCW 28A.305.145 (Application process for waivers under RCW 28A.305.140) and 1993 c 336 s 302 are each repealed."

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe, Rockefeller and Honeyford to Substitute House Bill No. 1292.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "year;" strike the remainder of the title and insert "amending RCW 28A.655.180; adding a new section to chapter 28A.305 RCW; creating a new section; repealing RCW 28A.305.145; and providing an expiration date."

 

MOTION

 

      On motion of Senator Oemig, the rules were suspended, Substitute House Bill No. 1292 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1292 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1292 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 1; Excused, 3.

      Voting yea: Senators Benton, Berkey, Carrell, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Keiser, King, Kline, Kohl-Welles, McCaslin, McDermott, Morton, Oemig, Pflug, Prentice, Regala, Rockefeller, Schoesler, Shin, Swecker and Zarelli

      Voting nay: Senators Becker, Brandland, Kauffman, Kilmer, Marr, Murray, Parlette, Pridemore, Ranker, Roach, Sheldon, Stevens and Tom

      Absent: Senator McAuliffe

      Excused: Senators Brown, Delvin and Hargrove

      SUBSTITUTE HOUSE BILL NO. 1292 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 18, 2009

 

MR. PRESIDENT:

      The Speaker ruled the Senate amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1379 to be beyond scope & object of the bill. House refuses to concur in said amendment and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Fraser moved that the Senate recede from its position on the Senate amendments to Engrossed Substitute House Bill No. 1379.

      Senator Fraser spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Fraser that the Senate recede from its position on the Senate amendments to Engrossed Substitute House Bill No. 1379.

The motion by Senator Fraser carried and the Senate receded from its amendments to Engrossed Substitute House Bill No. 1379 by voice vote.

 

MOTION

 

On motion of Senator Fraser, the rules were suspended and Engrossed Substitute House Bill No. 1379 was returned to second reading for the purposes of amendment.

 

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1379, by House Committee on Local Government & Housing (originally sponsored by Representatives Seaquist, Angel and Liias)

 

      Regarding moratoria and other interim official controls adopted under the shoreline management act.

 

      The measure was read the second time.

 

MOTION

 

      Senator Fraser moved that the following striking amendment by Senator Fraser and others be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature recognizes that the state, cities, and counties have moratoria authority granted through constitutional and statutory provisions and that this authority, when properly exercised, is an important aspect of complying with environmental stewardship and protection requirements.

      Recognizing the fundamental role and value of properly exercised moratoria, the legislature intends to establish new moratoria procedures and to affirm moratoria authority that local governments have and may exercise when implementing the shoreline management act, while recognizing the legitimate interests of existing shoreline related developments during the period of interim moratoria.

      The legislature finds that temporary moratoria on the processing of less than comprehensive shoreline amendments to the shoreline master program are occasionally necessary along "shorelines of the state."

      NEW SECTION. Sec. 2. A new section is added to chapter 90.58 RCW to read as follows:

      (1) Local governments may adopt moratoria or other interim official controls as necessary and appropriate to implement this chapter.

      (2)(a) A local government adopting a moratorium or control under this section must:

      (i) Hold a public hearing on the moratorium or control;

      (ii) Adopt detailed findings of fact that include, but are not limited to justifications for the proposed or adopted actions and explanations of the desired and likely outcomes;

      (iii) Notify the department of the moratorium or control immediately after its adoption. The notification must specify the time, place, and date of any public hearing required by this subsection;

      (iv) Provide that all lawfully existing uses, structures, or other development shall continue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium.

      (b) The public hearing required by this section must be held within sixty days of the adoption of the moratorium or control.

      (3) A moratorium or control adopted under this section may be effective for up to six months if a detailed work plan for remedying the issues and circumstances necessitating the moratorium or control is developed and made available for public review. A moratorium or control may be renewed for two six-month periods if the local government complies with subsection (2)(a) of this section before each renewal. If a moratorium or control is in effect on the date a proposed master program or amendment is submitted to the department, the moratorium or control must remain in effect until the department's final action under RCW 90.58.090; however, the moratorium expires six months after the date of submittal if the department has not taken final action.

      (4) Nothing in this section may be construed to modify county and city moratoria powers conferred outside this chapter.

      NEW SECTION. Sec. 3. A new section is added to chapter 90.58 RCW to read as follows:

      (1) A temporary moratorium on the processing of less than comprehensive amendments to the shoreline master program is created along the Puget Sound, Deschutes Waterway, and Capitol Lake "shorelines of the state" in Olympia.

      (2)(a) The moratorium takes effect under the following conditions:

      (i) The city submits less than comprehensive amendments to its shoreline master program; and

      (ii) The submittal is made either after the effective date of a state grant awarded to the city for the purpose of updating its comprehensive shoreline master program, or after work has commenced to implement the plans funded by the grant.

       (b) Development proposals shall not be segmented while the moratorium is in effect.

      (3) The moratorium shall not end until the comprehensive amendment to the comprehensive shoreline master program is submitted to and approved by the department.

      (4) This section does not apply to any "critical area" amendments submitted solely for the purpose of incorporating critical area ordinance standards into a shoreline master program.

      NEW SECTION. Sec. 4. 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. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Fraser and others to Engrossed Substitute House Bill No. 1379.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "adding new sections to chapter 90.58 RCW; creating a new section; and declaring an emergency."

 

MOTION

 

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 1379 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Roach and Honeyford spoke against passage of the bill.

      Senator Fraser spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1379 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1379 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Hobbs, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Prentice, Pridemore, Ranker, Regala, Rockefeller, Shin and Tom

      Voting nay: Senators Becker, Benton, Brandland, Carrell, Delvin, Hatfield, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1379 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Swecker: “Thank you Mr. President. Just to lighten the atmosphere a bit I wanted to mention to the members that when my family emigrated to this country they spelled their name z-w-e-c-k-e-r. I thought about changing it back to the original spelling just so I could be the last guy on the roll call, I don’t think I’ll do it.”

 

 

MESSAGE FROM THE HOUSE

 

April 10, 2009

 

MR. PRESIDENT:

      The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5352 with the following amendment:5352-S.E AMH ENGR H3031.E

      Strike everything after the enacting clause and insert the following:

 

"2009-11 FISCAL BIENNIUM

 

      NEW SECTION. Sec. 1. (1) The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2011.

      (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.

      (a) "Fiscal year 2010" or "FY 2010" means the fiscal year ending June 30, 2010.

      (b) "Fiscal year 2011" or "FY 2011" means the fiscal year ending June 30, 2011.

      (c) "FTE" means full-time equivalent.

      (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

      (e) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.

      (f) "Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.

       (g) "LEAP" means the legislative evaluation and accountability program committee.

 

GENERAL GOVERNMENT AGENCIES--OPERATING

 

      NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Motor Vehicle Account--State Appropriation. . . . . . . . $422,000

      The appropriation in this section is subject to the following conditions and limitations: The entire appropriation is provided solely for staffing costs to be dedicated to state transportation activities. Staff hired to support transportation activities must have practical experience with complex construction projects.

      NEW SECTION. Sec. 102. FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Grade Crossing Protective Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $705,000

      NEW SECTION. Sec. 103. FOR THE OFFICE OF FINANCIAL MANAGEMENT

Motor Vehicle Account--State Appropriation. . . . . . .$3,369,000

Puget Sound Ferry Operations Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100,000

                           TOTAL APPROPRIATION. . . . . . .$3,469,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $1,699,000 of the motor vehicle account--state appropriation is provided solely for the office of regulatory assistance integrated permitting project.

      (2) $1,004,000 of the motor vehicle account--state appropriation is provided solely for the continued maintenance and support of the transportation executive information system. Of the amount provided in this subsection, $502,000 is for two existing FTEs at the department of transportation to maintain and support the system.

      NEW SECTION. Sec. 104. FOR THE MARINE EMPLOYEES COMMISSION

Puget Sound Ferry Operations Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$446,000

      NEW SECTION. Sec. 105. FOR THE STATE PARKS AND RECREATION COMMISSION

Motor Vehicle Account--State Appropriation. . . . . . . . $986,000

      The appropriation in this section is subject to the following conditions and limitations: The entire appropriation in this section is provided solely for road maintenance purposes.

      NEW SECTION. Sec. 106. FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Account--State Appropriation. . . . . . .$1,507,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $351,000 of the motor vehicle account--state appropriation is provided solely for costs associated with the motor fuel quality program.

      (2) $1,004,000 of the motor vehicle account--state appropriation is provided solely to test the quality of biofuel. The department must test fuel quality at the biofuel manufacturer, distributor, and retailer.

      NEW SECTION. Sec. 107. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE

Motor Vehicle Account--State Appropriation. . . . . . . . $502,000

      NEW SECTION. Sec. 108. FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE

      (1) As part of its 2009-11 fiscal biennium work plan, the joint legislative audit and review committee shall audit the capital cost accounting practices of the Washington state ferries. The audit must review the following and provide a report on its findings and any related recommendations to the legislature by January 2011:

      (a) Costs assigned to capital accounts to determine whether they are capital costs that meet the statutory requirements for preservation and improvement activities and whether they are within the scope of legislative appropriations;

      (b) Implementation of the life-cycle cost model required under RCW 47.60.345 to determine if it was developed as required and is maintained and updated when asset inspections are made; and

       (c) Washington state ferries' implementation of the cost allocation methodology evaluated under section 205, chapter 518, Laws of 2007, assessing whether actual costs are allocated consistently with the methodology, whether there are sufficient internal controls to ensure proper allocation, and the adequacy of staff training.

      (2) The joint legislative audit and review committee shall use existing staff and resources to conduct a review of scoping and cost estimates for transportation highway improvement and preservation projects funded in whole, or in part, by transportation partnership account--state and transportation 2003 account (nickel account)--state funds, excluding mega-projects. The review will examine whether the scoping and cost estimates guidelines used by the department of transportation are consistent with general construction industry practices and other appropriate standards. The review will include an analysis of a sample of scope and cost estimates for future projects. A report on the committee's findings and recommendations must be submitted to the house of representatives and senate transportation committees by December 2009.

 

TRANSPORTATION AGENCIES--OPERATING

 

      NEW SECTION. Sec. 201. FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Account--State Appropriation. . . . . .$2,542,000

Highway Safety Account--Federal Appropriation. . .$16,540,000

School Zone Safety Account--State Appropriation. . .$3,340,000

                           TOTAL APPROPRIATION. . . . . .$22,422,000

      The appropriations in this section are subject to the following conditions and limitations: $2,670,000 of the highway safety account--federal appropriation is provided solely for a target zero trooper pilot program, which the commission shall develop and implement in collaboration with the Washington state patrol. The pilot program must demonstrate the effectiveness of intense, high visibility, driving under the influence enforcement in Washington. The commission shall apply to the national highway traffic safety administration for federal highway safety grants to cover the cost of the pilot program. If the pilot program is approved for funding by the national highway traffic safety administration, and sufficient federal grants are received, the commission shall provide grants to the Washington state patrol for the purchase of twenty-one fully equipped patrol vehicles in fiscal year 2010, and up to twenty-four months of salaries and benefits for eighteen troopers and three sergeants beginning in fiscal year 2011. The legislature anticipates that an additional $1,830,000 will be appropriated from the highway safety account--federal in the 2011-13 fiscal biennium to conclude this pilot program.

      NEW SECTION. Sec. 202. FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account--State Appropriation. . . . $920,000

Motor Vehicle Account--State Appropriation. . . . . . .$2,129,000

County Arterial Preservation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,423,000

                           TOTAL APPROPRIATION. . . . . . .$4,472,000

      NEW SECTION. Sec. 203. FOR THE TRANSPORTATION IMPROVEMENT BOARD

Urban Arterial Trust Account--State Appropriation. . $1,824,000

Transportation Improvement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,827,000

                           TOTAL APPROPRIATION. . . . . . .$3,651,000

      NEW SECTION. Sec. 204. FOR THE JOINT TRANSPORTATION COMMITTEE

Motor Vehicle Account--State Appropriation. . . . . . .$1,851,000

      The appropriation in this section is subject to the following conditions and limitations:


      (1) $236,000 of the motor vehicle account--state appropriation is a reappropriation from the 2007-09 fiscal biennium for a comprehensive analysis of mid-term and long-term transportation funding mechanisms and methods. Elements of the study will include existing data and trends, policy objectives, performance and evaluation criteria, incremental transition strategies, and possibly, scaled testing. Baseline data and methods assessment must be concluded by December 31, 2009. Performance criteria must be developed by June 30, 2010, and recommended planning level alternative funding strategies must be completed by December 31, 2010.

      (2) $200,000 of the motor vehicle account--state appropriation is for the joint transportation committee to convene an independent expert review panel to review the assumptions for toll operations costs used by the department to model financial plans for tolled facilities. The joint transportation committee shall provide a report to the house of representatives and senate transportation committees by September 1, 2009.

      (3) $350,000 of the motor vehicle account--state appropriation is for an independent analysis of methodologies to value the reversible lanes on Interstate 90 to be used for high capacity transit pursuant to sound transit proposition 1 approved by voters in November 2008. The independent analysis shall be conducted by sound transit and the department of transportation, using consultant resources deemed appropriate by the secretary of the department, the chief executive officer of sound transit, and the cochairs of the joint transportation committee. It shall be conducted in consultation with the federal transit and federal highway administrations and account for applicable federal laws, regulations, and practices. It shall also account for the 1976 Interstate 90 memorandum of agreement and subsequent 2004 amendment and the 1978 federal secretary of transportation's environmental decision on Interstate 90. The department and sound transit must provide periodic reports to the joint transportation committee, the sound transit board of directors, and the governor, and report final recommendations by September 1, 2009.

      NEW SECTION. Sec. 205. FOR THE TRANSPORTATION COMMISSION

Motor Vehicle Account--State Appropriation. . . . . . .$1,887,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $112,000

                           TOTAL APPROPRIATION. . . . . . .$1,999,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium, the transportation commission shall periodically review and, if necessary, modify the schedule of fares for the Washington state ferry system. The transportation commission may increase ferry fares, except no fare schedule modifications may be made prior to September 1, 2009. For purposes of this subsection, "modify" includes increases or decreases to the schedule.

      (2) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium, the transportation commission shall establish, periodically review, and, if necessary, modify a schedule of toll charges applicable to the state route number 167 high occupancy toll lane pilot project, as required under RCW 47.56.403. For purposes of this subsection, "modify" includes increases or decreases to the schedule.

      (3) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium, the transportation commission shall periodically review and, if necessary, modify the schedule of toll charges applicable to the Tacoma Narrows bridge, taking into consideration the recommendations of the citizen advisory committee created under RCW 47.46.091. For purposes of this subsection, "modify" includes increases or decreases to the schedule.

      (4) The commission may name state ferry vessels consistent with its authority to name state transportation facilities under RCW 47.01.420. When naming or renaming state ferry vessels, the commission shall consider selling the naming rights and shall make recommendations to the legislature regarding this option.

      NEW SECTION. Sec. 206. FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD

Motor Vehicle Account--State Appropriation. . . . . . . . $695,000

      The appropriation in this section is subject to the following conditions and limitations: The freight mobility strategic investment board shall, on a quarterly basis, provide status reports to the office of financial management and the transportation committees of the legislature on the delivery of projects funded by this act.

      NEW SECTION. Sec. 207. FOR THE WASHINGTON STATE PATROL--FIELD OPERATIONS BUREAU

State Patrol Highway Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $232,147,000

State Patrol Highway Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $10,602,000

State Patrol Highway Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$859,000

                           TOTAL APPROPRIATION. . . . $243,608,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Washington state patrol officers engaged in off-duty uniformed employment providing traffic control services to the department of transportation or other state agencies may use state patrol vehicles for the purpose of that employment, subject to guidelines adopted by the chief of the Washington state patrol. The Washington state patrol shall be reimbursed for the use of the vehicle at the prevailing state employee rate for mileage and hours of usage, subject to guidelines developed by the chief of the Washington state patrol.

      (2) The patrol shall not account for or record locally provided DUI cost reimbursement payments as expenditure credits to the state patrol highway account. The patrol shall report the amount of expected locally provided DUI cost reimbursements to the office of financial management and transportation committees of the legislature by September 30th of each year.

      (3) During the 2009-11 fiscal biennium, the Washington state patrol shall continue to perform traffic accident investigations on Thurston county roads, and shall work with the county to transition the traffic accident investigations on Thurston county roads to the county by July 1, 2011.

      (4) $2,125,000 of the state patrol highway account--state appropriation is provided solely for the Washington state patrol to increase the enrollment in each of the academy classes to fifty-five cadets during the 2009-11 fiscal biennium.

      (5) The Washington state patrol shall collaborate with the Washington traffic safety commission to develop and implement the target zero trooper pilot program referenced in section 201 of this act.

      (6) The Washington state patrol shall discuss the implementation of the pilot program described under section 218(2) of this act with any union representing the affected employees.

      (7) The Washington state patrol shall assign necessary personnel and equipment to implement and operate the pilot program described under section 218(2) of this act using the portion of the automated traffic safety camera fines deposited into the state patrol highway account, but not to exceed $370,000. If the fines deposited into the state patrol highway account from automated traffic safety camera infractions do not reach $370,000, the department of transportation shall remit funds necessary to the Washington state patrol to ensure the completion of the pilot program.

      NEW SECTION. Sec. 208. FOR THE WASHINGTON STATE PATROL--INVESTIGATIVE SERVICES BUREAU

State Patrol Highway Account--State Appropriation$1,557,000

      NEW SECTION. Sec. 209. FOR THE WASHINGTON STATE PATROL--TECHNICAL SERVICES BUREAU

State Patrol Highway Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$104,137,000

State Patrol Highway Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,008,000

                           TOTAL APPROPRIATION. . . . $106,145,000


      The appropriations in this section are subject to the following conditions and limitations:

      (1) The Washington state patrol shall work with the risk management division in the office of financial management in compiling the Washington state patrol's data for establishing the agency's risk management insurance premiums to the tort claims account. The office of financial management and the Washington state patrol shall submit a report to the legislative transportation committees by December 31st of each year on the number of claims, estimated claims to be paid, method of calculation, and the adjustment in the premium.

      (2) $8,673,000 of the total appropriation is provided solely for automobile fuel in the 2009-11 fiscal biennium.

      (3) $8,638,000 of the total appropriation is provided solely for the purchase of pursuit vehicles.

      (4) $6,328,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.

      (5) $384,000 of the total appropriation is provided solely for the purchase of mission vehicles used for highway purposes in the commercial vehicle and traffic investigation sections of the Washington state patrol.

      (6) The Washington state patrol may submit information technology-related requests for funding only if the patrol has coordinated with the department of information services as required under section 601 of this act.

      (7) $800,000 of the state patrol highway account--state appropriation is provided solely for the Washington state patrol to increase the enrollment in each of the academy classes to fifty-five cadets during the 2009-11 fiscal biennium.

      NEW SECTION. Sec. 210. FOR THE DEPARTMENT OF LICENSING

Marine Fuel Tax Refund Account--State Appropriation$32,000

Motorcycle Safety Education Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,373,000

Wildlife Account--State Appropriation. . . . . . . . . . . . . $837,000

Highway Safety Account--State Appropriation. . . .$145,403,000

Highway Safety Account--Federal Appropriation. . . . . . . $8,000

Motor Vehicle Account--State Appropriation. . . . . .$78,671,000

Motor Vehicle Account--Private/Local Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,372,000

Motor Vehicle Account--Federal Appropriation. . . . . . $242,000

Department of Licensing Services Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,718,000

Washington State Patrol Highway Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$738,000

Ignition Interlock Device Revolving Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,490,000

                           TOTAL APPROPRIATION. . . . $238,884,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1)(a) By November 1, 2009, the department of licensing, working with the department of revenue, shall analyze and plan for the transfer by July 1, 2010, of the administration of fuel taxes imposed under chapters 82.36, 82.38, 82.41, and 82.42 RCW and other provisions of law from the department of licensing to the department of revenue. By November 1, 2009, the departments shall report findings and recommendations to the governor and the transportation and fiscal committees of the legislature.

      (b) The analysis and planning directed under this subsection must include, but is not limited to, the following:

      (i) Outreach to and solicitation of comment from parties affected by the fuel taxes, including taxpayers, industry associations, state and federal agencies, and Indian tribes, and from the transportation and fiscal committees of the legislature;

      (ii) Identification and analysis of relevant factors including, but not limited to:

       (A) Taxpayer reporting and payment processes;

      (B) The international fuel tax agreement;

      (C) Proportional registration under the provisions of the international registration plan and chapter 46.87 RCW;

      (D) Computer systems;

      (E) Best management practices and efficiencies;

      (F) Costs; and

      (G) Personnel matters;

      (iii) Development of recommended actions to accomplish the transfer; and

      (iv) An implementation plan and schedule.

      (c) The report must include draft legislation, which transfers administration of fuel taxes as described under (a) of this subsection to the department of revenue on July 1, 2010, and amends existing law as needed.

      (2) $55,845,000 of the highway safety account--state appropriation is provided solely for the driver examining program. The department shall not close any licensing service offices other than the following anticipated closures: (a) Auburn; (b) Bellevue; (c) Bothell; (d) East Seattle; (e) Greenwood; (f) Othello; (g) West Tacoma; (h) Vancouver; (i) Yakima; and (j) the driver/vehicle licensing service office in the highway-licensing building in Olympia. The department shall, on a quarterly basis, report to the transportation committees of the legislature the following monthly data by licensing service office locations: (a) Lease costs; (b) salary and benefit costs; (c) other expenditures; (d) FTEs; (e) number of transactions completed, by type of transaction; and (f) office hours.

      (3) $11,688,000 of the highway safety account--state appropriation is provided solely for costs associated with: Issuing enhanced drivers' licenses and identicards at the enhanced licensing services offices; extended hours at those licensing services offices; cross-border tourism education; and other education campaigns. This is the maximum amount the department may expend for this purpose.

      (4) $2,490,000 of the ignition interlock device revolving account--state appropriation is provided solely for the department to assist indigent persons with the costs of installing, removing, and leasing the device, and applicable licensing pursuant to RCW 46.68.340.

       (5) By December 31, 2009, the department shall report to the office of financial management and the transportation committees of the legislature a cost-benefit analysis of leasing versus purchasing field office equipment.

      (6) By December 31, 2009, the department shall submit to the office of financial management and the transportation committees of the legislature draft legislation that rewrites RCW 46.52.130 (driving record abstracts) in plain language.

      (7) The department may seek federal funds to implement a driver's license and identicard biometric matching system pilot program to verify the identity of applicants for, and holders of, drivers' licenses and identicards. If funds are received, the department shall report any benefits or problems identified during the course of the pilot program to the transportation committees of the legislature upon the completion of the program.

      (8) The department may submit information technology-related requests for funding only if the department has coordinated with the department of information services as required under section 601 of this act.

      (9) Consistent with the authority delegated to the director of licensing under RCW 46.01.100, the department may adopt a new organizational structure that includes the following programs: (a) Driver and vehicle services, which must encompass services relating to driver licensing customers, vehicle industry and fuel tax licensees, and vehicle and vessel licensing and registration; and (b) driver policy and programs, which must encompass policy development for all driver-related programs, including driver examining, driver records, commercial driver's license testing and auditing, driver training schools, motorcycle safety, technical services, hearings, driver special investigations, drivers' data management, central issuance contract management, and state and federal initiatives.

      NEW SECTION. Sec. 211. FOR THE DEPARTMENT OF TRANSPORTATION--TOLL OPERATIONS AND MAINTENANCE--PROGRAM B

High Occupancy Toll Lanes Operations Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,867,000

Motor Vehicle Account--State Appropriation. . . . . . . . $585,000

Tacoma Narrows Toll Bridge Account--State

       Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $27,358,000

State Route Number 520 Corridor Account--State


      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $60,260,000

                           TOTAL APPROPRIATION. . . . . .$91,070,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall make detailed quarterly expenditure reports available to the transportation commission and to the public on the department's web site using current department resources. The reports must include a summary of revenue generated by tolls on the Tacoma Narrows bridge and an itemized depiction of the use of that revenue.

      (2) The department shall work with the office of financial management to review the Tacoma Narrows bridge insurance coverage, deductibles, and limitations to assure that the asset is well protected at a reasonable cost. Results from this review must be used to negotiate any future new or extended insurance agreements.

      (3) $60,260,000 of the state route number 520 corridor account is provided solely for costs directly related to tolling the state route number 520 floating bridge.

 

      NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF TRANSPORTATION--INFORMATION TECHNOLOGY--PROGRAM C

Transportation Partnership Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,675,000

Motor Vehicle Account--State Appropriation. . . . . .$67,811,000

Motor Vehicle Account--Federal Appropriation. . . . . . $240,000

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$363,000

Transportation 2003 Account (Nickel Account)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,676,000

                           TOTAL APPROPRIATION. . . . . .$73,765,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall consult with the office of financial management and the department of information services to: (a) Ensure that the department's current and future system development is consistent with the overall direction of other key state systems; and (b) when possible, use or develop common statewide information systems to encourage coordination and integration of information used by the department and other state agencies and to avoid duplication.

      (2) The department shall provide updated information on six project milestones for all active projects, funded in part or in whole with 2005 transportation partnership account funds or 2003 nickel account funds, on a quarterly basis in the transportation executive information system (TEIS). The department shall also provide updated information on six project milestones for projects, funded with preexisting funds and that are agreed to by the legislature, office of financial management, and the department, on a quarterly basis in TEIS.

      (3) $1,216,000 of the transportation partnership account--state appropriation and $1,216,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for the department to develop a project management and reporting system which is a collection of integrated tools for capital construction project managers to use to perform all the necessary tasks associated with project management. The department shall integrate commercial off-the-shelf software with existing department systems and enhanced approaches to data management to provide web-based access for multi-level reporting and improved business workflows and reporting. On a quarterly basis, the department shall report to the office of financial management and the transportation committees of the legislature on the status of the development and integration of the system. At a minimum, the reports shall indicate the status of the work as it compares to the work plan, any discrepancies, and proposed adjustments necessary to bring the project back on schedule or budget if necessary.

      (4) The department may submit information technology-related requests for funding only if the department has coordinated with the department of information services as required under section 601 of this act.

      NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF TRANSPORTATION--FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION--PROGRAM D--OPERATING

Motor Vehicle Account--State Appropriation. . . . . .$25,501,000

      NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF TRANSPORTATION-- AVIATION--PROGRAM F

Aeronautics Account--State Appropriation. . . . . . . . .$6,009,000

Aeronautics Account--Federal Appropriation. . . . . . .$2,150,000

                           TOTAL APPROPRIATION. . . . . . .$8,159,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $50,000 of the aeronautics account--state appropriation is a reappropriation provided solely to pay any outstanding obligations of the aviation planning council, which expires July 1, 2009.

 

      (2) $150,000 of the aeronautics account--state appropriation is a reappropriation provided solely to complete runway preservation projects.

 

      NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM DELIVERY MANAGEMENT AND SUPPORT--PROGRAM H

Motor Vehicle Account--State Appropriation. . . . . .$49,142,000

Motor Vehicle Account--Federal Appropriation. . . . . . $500,000

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$250,000

Water Pollution Account--State Appropriation. . . . . .$2,000,000

                           TOTAL APPROPRIATION. . . . . .$51,892,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall develop a plan for all current and future surplus property parcels based on the recommendations from the surplus property legislative work group that were presented to the senate transportation committee on February 26, 2009. The plan must include, at a minimum, strategies for maximizing the number of parcels sold, a schedule that optimizes proceeds, a recommended cash discount, a plan to report to the joint transportation committee, a recommendation for regional incentives, and a recommendation for equivalent value exchanges. This plan must accompany the department's 2010 supplemental budget request. If the department determines that all or a portion of real property or an interest in real property that was acquired through condemnation or the threat of condemnation is no longer necessary for a public purpose and should be sold, the former owner shall have a right of repurchase. "Former owner" means the person or entity from whom the department acquired title and that person's or entity's successors or assigns to the property or property interest subject to the repurchase right. At least ninety days prior to the date on which the property is to be sold by the department, the department must mail notice of the planned sale to the former owner of the property at the former owner's last known address or to a forwarding address if that owner has provided the department with a forwarding address. If the former owner notifies the department within thirty days of the date of the notice that the former owner intends to repurchase the property, the department shall proceed with the sale of the property to the former owner and shall not list the property for sale to other owners. If the former owner does not provide timely written notice to the department of the intent to exercise a repurchase right, or if the sale to the former owner is not completed within one year of the date of notice that the former owner intends to repurchase the property, that right shall be extinguished.

      (2) The legislature recognizes that the Dryden pit site (WSDOT Inventory Control (IC) No. 2-04-00103) is unused state-owned real property under the jurisdiction of the department of transportation, and that the public would benefit significantly from the complete enjoyment of the natural scenic beauty and recreational opportunities available at the site. Therefore, pursuant to RCW 47.12.080, the legislature declares that transferring the property to the department of fish and wildlife is consistent with the public interest in order to preserve the area for the use of the public. The department of transportation shall transfer and convey the Dryden pit site to the department of fish and wildlife for adequate consideration in the amount of $600,000, the proceeds of which must be deposited in the motor vehicle fund.

      (3) $2,000,000 of the water pollution account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit, consistent with the purposes described in Substitute House Bill No. 1614, addressing petroleum pollution in storm water.

      (4) The department shall work with the department of ecology, the county road administration board, and the transportation improvement board to develop model procedures, and municipal and state rules, to maximize the use of permeable concrete and asphalt on road construction and preservation projects. The department shall report to the joint transportation committee by December 1, 2009, with recommendations that will increase the use of permeable concrete and asphalt at the state and local level, and reduce the need for more costly alternative methods of storm water mitigation.

 

      NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF TRANSPORTATION--ECONOMIC PARTNERSHIPS--PROGRAM K

Motor Vehicle Account--State Appropriation. . . . . . . . $565,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200,000

                           TOTAL APPROPRIATION. . . . . . . . $765,000

      The appropriations in this section are subject to the following conditions and limitations: $200,000 of the multimodal transportation account--state appropriation is provided solely for the department to develop and implement public private partnerships at high priority terminals as identified in the January 12, 2009, final report on joint development opportunities at Washington state ferries terminals. The department shall first consider a mutually beneficial agreement at the Edmonds terminal.

      NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M

Motor Vehicle Account--State Appropriation. . . . .$346,887,000

Motor Vehicle Account--Federal Appropriation. . . . .$2,000,000

Motor Vehicle Account--Private/Local Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,797,000

Water Pollution Account--State Appropriation. . . . .$12,500,000

                           TOTAL APPROPRIATION. . . . $367,184,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, snow, and major slides, supplemental appropriations must be requested to restore state funding for ongoing maintenance activities.

      (2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.

       (3) The department shall request an unanticipated receipt for any private or local funds received for reimbursements of third party damages that are in excess of the motor vehicle account--private/local appropriation.

      (4) $2,000,000 of the motor vehicle account--federal appropriation is for unanticipated federal funds that may be received during the 2009-11 fiscal biennium. Upon receipt of the funds, the department shall provide a report on the use of the funds to the transportation committees of the legislature and the office of financial management.

      (5) The department may incur costs related to the maintenance of the decorative lights on the Tacoma Narrows bridge only if:

      (a) The nonprofit corporation, narrows bridge lights organization, maintains an account balance sufficient to reimburse the department for all costs; and

      (b) The department is reimbursed from the narrows bridge lights organization within three months from the date any maintenance work is performed. If the narrows bridge lights organization is unable to reimburse the department for any future costs incurred, the lights must be removed at the expense of the narrows bridge lights organization subject to the terms of the contract.

      (6) The department may work with the department of corrections to utilize corrections crews for the purposes of litter pickup on state highways.

      (7) $650,000 of the motor vehicle account--state appropriation is provided solely for increased asphalt costs. If Senate Bill No. 5976 is not enacted by June 30, 2009, the amount provided in this subsection shall lapse.

      (8) $16,800,000 of the motor vehicle account--state appropriation is provided solely for the high priority maintenance backlog. Addressing the maintenance backlog must result in increased levels of service.

      (9) The department shall provide a cost-benefit analysis to the house and senate transportation committees by January 15, 2010, on replacing all illuminated guide signs in the state with a super high efficiency, retroflective sheeting for optimal performance and sign illumination to be completed by June 30, 2014. The report shall include an update on replacements from illuminated guide signs with a super high efficiency, retroflective sheeting that have occurred since January 15, 2010.

      (10) $12,500,000 of the water pollution account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit, consistent with the purposes described in Substitute House Bill No. 1614, addressing petroleum pollution in storm water.

      NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q--OPERATING

Motor Vehicle Account--State Appropriation. . . . . .$51,353,000

Motor Vehicle Account--Federal Appropriation. . . . .$2,050,000

Motor Vehicle Account--Private/Local Appropriation$127,000

State Route Number 520 Corridor Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$88,000

                           TOTAL APPROPRIATION. . . . . .$53,618,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $2,400,000 of the motor vehicle account--state appropriation is provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. The department shall prioritize low-cost enhancement projects on a statewide rather than regional basis. By September 1st of each even-numbered year, the department shall provide a report to the legislature listing all low-cost enhancement projects prioritized on a statewide rather than regional basis completed in the prior year.

      (2) The department, in consultation with the Washington state patrol, may continue a pilot program for the patrol to issue infractions based on information from automated traffic safety cameras in roadway construction zones on state highways when workers are present. The department shall use the following guidelines to administer the program:

      (a) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle;

       (b) The department shall plainly mark the locations where the automated traffic safety cameras are used by placing signs on locations that clearly indicate to a driver that he or she is entering a roadway construction zone where traffic laws are enforced by an automated traffic safety camera;

      (c) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;

      (d) The owner of the vehicle is not responsible for the violation if the owner of the vehicle, within fourteen days of receiving notification of the violation, mails to the patrol, a declaration under penalty of perjury, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner, or any other extenuating circumstances;


      (e) For purposes of the 2009-11 fiscal biennium pilot program, infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras must be processed in the same manner as parking infractions for the purposes of RCW 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3). However, the amount of the fine issued under this subsection (2) for an infraction generated through the use of an automated traffic safety camera is one hundred thirty-seven dollars. The court shall remit thirty-two dollars of the fine to the state treasurer for deposit into the state patrol highway account; and

      (f) If a notice of infraction is sent to the registered owner and the registered owner is a rental car business, the infraction must be dismissed against the business if it mails to the patrol, within fourteen days of receiving the notice, a declaration under penalty of perjury of the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign a declaration under penalty of perjury to this effect. The declaration must be mailed to the patrol within fourteen days of receiving the notice of traffic infraction. Timely mailing of this declaration to the issuing agency relieves a rental car business of any liability under this section for the notice of infraction. A declaration form suitable for this purpose must be included with each automated traffic infraction notice issued, along with instructions for its completion and use.

      (3) The department shall implement a pilot project to evaluate the benefits of using electronic traffic flagging devices. Electronic traffic flagging devices must be tested by the department at multiple sites and reviewed for efficiency and safety. The department shall report to the transportation committees of the legislature on the best use and practices involving electronic traffic flagging devices, including recommendations for future use, by June 30, 2010.

      (4) $88,000 of the state route number 520 corridor account is provided solely for costs directly related to tolling the state route number 520 floating bridge.

      NEW SECTION. Sec. 219. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S

Motor Vehicle Account--State Appropriation. . . . . .$29,389,000

Motor Vehicle Account--Federal Appropriation. . . . . . . $30,000

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$973,000

State Route Number 520 Corridor Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$801,000

                           TOTAL APPROPRIATION. . . . . .$31,193,000

      The appropriations in this section are subject to the following conditions and limitations: $801,000 of the state route number 520 corridor account is provided solely for costs directly related to tolling the state route number 520 floating bridge.

      NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T

Motor Vehicle Account--State Appropriation. . . . . .$26,470,000

Motor Vehicle Account--Federal Appropriation. . . .$19,116,000

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$696,000

Multimodal Transportation Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,809,000

Multimodal Transportation Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100,000

                            TOTAL APPROPRIATION. . . . . .$49,191,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $150,000 of the motor vehicle account--federal appropriation is provided solely for the costs to develop an electronic map-based computer application that will enable law enforcement officers and others to more easily locate collisions and other incidents in the field.

      (2) The department shall, to the greatest extent practicable, maximize the use of recycled concrete and asphalt on road construction and preservation projects. The department shall report to the joint transportation committee by December 1, 2010, regarding the use of recycled concrete and asphalt. The report must include, at a minimum, how much recycled concrete and asphalt was used and the resulting cost savings to the state.

      (3) $600,000 of the motor vehicle account--state appropriation is provided solely for a diesel multiple unit feasibility and initial planning study. The study must evaluate potential service on the Stampede Pass line from Maple Valley to Auburn via Covington. The study must evaluate the potential demand for service, the business model and capital needs for launching and running the line, and the need for improvements in switching, signaling, and tracking. A report on the study must be submitted to the legislature by June 30, 2010.

      (4) $400,000 of the motor vehicle account--state appropriation is provided solely for a state route number 2 development plan as described in Substitute House Bill No. 1575.

      (5) $400,000 of the motor vehicle account--state appropriation is provided solely for a study of the use of tolls to help fund future capacity and connection improvements on state route number 167 and state route number 509. A report on the study must be submitted to the house of representatives and senate transportation committees by September 30, 2010.

      (6) $243,000 of the motor vehicle account--state appropriation and $81,000 of the motor vehicle account--federal appropriation are provided solely for the development of a freight database to help guide freight investment decisions and track project effectiveness. The database must be based on truck movement tracked through geographic information system technology. TransNow shall contribute additional federal funds that are not appropriated in this act. The department shall work with the freight mobility strategic investment board to implement this database.

      NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U

Motor Vehicle Account--State Appropriation. . . . . .$87,331,000

Motor Vehicle Account--Federal Appropriation. . . . . . $400,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $561,000

                           TOTAL APPROPRIATION. . . . . .$88,292,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The office of financial management must provide a detailed accounting of the revenues and expenditures of the self- insurance fund to the transportation committees of the legislature on December 31st and June 30th of each year.

      (2) Payments in this section represent charges from other state agencies to the department of transportation.

      (a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT

DIVISION OF RISK MANAGEMENT FEES. . . . . .$1,639,000

      (b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE

AUDITOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$937,000

      (c) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL

ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . .$6,060,000

      (d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF

PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,347,000

      (e) FOR PAYMENT OF SELF-INSURANCE LIABILITY

PREMIUMS AND ADMINISTRATION. . . . . . . . .$44,418,000

      (f) FOR ARCHIVES AND RECORDS MANAGEMENT

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $623,000

      (g) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS

ENTERPRISES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,008,000

      (h) FOR USE OF FINANCIAL AND REPORTING SYSTEMS

PROVIDED BY THE OFFICE OF FINANCIAL MANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,143,000


      (i) FOR POLICY AND SYSTEM ASSISTANCE FROM THE

DEPARTMENT OF INFORMATION SERVICES. . $1,477,000

      (j) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY

GENERAL'S OFFICE. . . . . . . . . . . . . . . . . . . . . . . . .$8,526,000

      (k) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY

 GENERAL'S OFFICE FOR THE SECOND PHASE OF THE BOLDT

LITIGATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $672,000

      NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V

Regional Mobility Grant Program Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $36,208,000

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $78,845,000

Multimodal Transportation Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,582,000

Multimodal Transportation Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,027,000

                           TOTAL APPROPRIATION. . . . $118,662,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $26,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.

      (a) $6,000,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers shall be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.

      (b) $20,000,000 of the amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies shall be prorated based on the amount expended for demand response service and route deviated service in calendar year 2007 as reported in the "Summary of Public Transportation - 2007" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions.

       (2) Funds are provided for the rural mobility grant program as follows:

      (a) $9,500,000 of the multimodal transportation account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the "Summary of Public Transportation - 2007" published by the department of transportation. Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.

      (b) $9,500,000 of the multimodal transportation account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.

      (c) $1,000,000 of the multimodal transportation account--state appropriation is provided solely for vanpool grants to rural transit agencies to cover the capital cost of adding vans. The grants must be administered under the same rules and criteria as the statewide vanpool grant program.

      (3) $11,600,000 of the multimodal transportation account--state appropriation is provided solely for a statewide vanpool grant program for public transit agencies to cover the capital costs of vans. At least $3,600,000 of this amount must be used for vanpool grants in congested corridors in King, Pierce, Snohomish, Thurston, Clark, and Spokane counties.

      (4) $500,000 of the multimodal transportation account--state appropriation is provided solely to expand park and ride lot capacity through short-term lease agreements and relocation incentives for carpools and vanpools.

      (5)(a) $2,500,000 of the multimodal transportation account--state appropriation is provided solely for grants to cities and counties to expand the commute trip reduction program established in RCW 70.94.521 through 70.94.555 to: (i) Increase voluntary participation by medium-sized employers (fifty to one hundred employees) in affected urban growth areas; and (ii) provide state technical support for the expanded program. The commute trip reduction board shall establish criteria for grants and statewide trip reduction goals for medium-sized employers, and report biennially on achievement of the goals as part of the board's legislative report.

       (b) $2,500,000 of the multimodal transportation account--state appropriation is provided solely for: (i) Grants to local governments primarily for small employers (under fifty employees) pursuant to the provisions for growth and transportation efficiency centers established under RCW 70.94.521 through 70.94.555; (ii) state technical support; and (iii) the measurement of the effectiveness of the program.

      (6) $400,000 of the multimodal transportation account--state appropriation is provided solely for a grant for a flexible carpooling pilot project program to be administered and monitored by the department. Funds are appropriated for one time only. The pilot project program must: Test and implement at least one flexible carpooling system in a high-volume commuter area that enables carpooling without prearrangement; utilize technologies that, among other things, allow for transfer of ride credits between participants; and be a membership system that involves prescreening to ensure safety of the participants. The program must include a pilot project that targets commuter traffic on the state route number 520 bridge. The department shall submit to the legislature by December 2010 a report on the program results and any recommendations for additional flexible carpooling programs.

      (7) $3,317,808 of the multimodal transportation account--state appropriation and $21,248,089 of the regional mobility grant program account--state appropriation are reappropriated and provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2007-B, as developed April 20, 2007; LEAP Transportation Document 2006-D, as developed March 8, 2006; or as selected by the legislature from the priority list to be submitted by the department in January 2009. Any project that has been awarded funds but has not reported activity within one year of the grant award must be reviewed by the department to determine whether the grant award should be terminated. If the grant award is terminated, the funds lapse. It is the intent of the legislature to appropriate funds through the regional mobility grant program only for projects that will be completed on schedule.

      (8) $14,959,600 of the regional mobility grant program account--state appropriation is provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2009-B, as developed March 30, 2009. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded funds, but does not report activity on the project within one year of the grant award, must be reviewed by the department to determine whether the grant should be terminated. The department shall promptly close out grants when projects have been completed, and any remaining funds available to the office of transit mobility must be used only to fund projects identified in LEAP Transportation Document 2009-B, as developed March 30, 2009. The department shall provide annual status reports on December 15, 2009, and December 15, 2010, to the office of financial management and the transportation committees of the legislature regarding the projects receiving the grants. It is the intent of the legislature to appropriate funds through the regional mobility grant program only for projects that will be completed on schedule.

      (9) $80,000 of the multimodal transportation account--state appropriation is provided solely to the department of transportation to distribute for implementation of the work group related to federal requirements in section 1, chapter . . . (Engrossed Substitute House Bill No. 2072), Laws of 2009 (special needs transportation). If Engrossed Substitute House Bill No. 2072 is not enacted by June 30, 2009, the amount provided in this section shall lapse.

      NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X

Puget Sound Ferry Operations Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $404,720,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $52,463,000 of the Puget Sound ferry operations account--state appropriation is provided solely for auto ferry vessel operating fuel in the 2009-11 fiscal biennium. Any expenditures for fuel hedging payments may be considered vessel operating fuel payments.

      (2) To protect the waters of Puget Sound, the Washington state ferries shall investigate nontoxic alternatives to fuel additives and other commercial products that are used to operate, maintain, and preserve vessels.

       (3) If the Washington state ferries considers implementing a fuel surcharge, they must first submit an analysis and business plan to the office of financial management and either the joint transportation committee or the transportation committees of the legislature. The analysis must include an evaluation of other cost savings and fuel price stabilization strategies that would be implemented before the imposition of a fuel surcharge.

      (4) The department shall strive to significantly reduce the number of injuries suffered by Washington state ferries employees. By December 15, 2009, the department shall submit to the office of financial management and the transportation committees of the legislature its implementation plan to reduce such injuries.

      (5) The Washington state ferries shall continue to provide service to Sidney, British Columbia. The Washington state ferries may place a Sidney terminal departure surcharge on fares for out of state residents riding the Washington state ferry route that runs between Anacortes, Washington and Sidney, British Columbia, if the cost for landing/license fee, taxes, and additional amounts charged for docking are in excess of $280,000 CDN. The surcharge must be limited to recovering amounts above $280,000 CDN.

      (6) The Washington state ferries shall analyze operational solutions to enhance service on the Bremerton to Seattle ferry run. The Washington state ferries shall report their analysis to the transportation committees of the legislature by December 1, 2009.

      (7) The office of financial management budget instructions require agencies to recast enacted budgets into activities. The Washington state ferries shall include a greater level of detail in the recast of the ferry budget, as determined jointly by the office of financial management, the Washington state ferries, and the legislative transportation committees.

      (8) $8,000,000 of the Puget Sound ferry operations account--state appropriation is to be placed in unallotted status until the office of financial management, after consultation with the house of representatives and senate transportation committees, has approved the rates and conditions of commercial insurance purchased for ferry assets.

      (9) As a priority task, the Washington state ferries is directed to propose a comprehensive incident and accident investigation policy and appropriate procedures, and to provide the proposal to the legislature by November 1, 2009, using existing resources and staff expertise. In addition to consulting with ferry system unions and the United States coast guard, the Washington state ferries is encouraged to solicit independent outside expertise on incident and accident investigation best practices as they may be found in other organizations with a similar concern for marine safety. It is the intent of the legislature to enact the policies into law and to publish that law and procedures as a manual for Washington state ferries' accident/incident investigations. Until that time, the Washington state ferry system must exercise particular diligence to assure that any incident or accident investigations are conducted within the spirit of the guidelines of this act. The proposed policy must contain, at a minimum:

      (a) The definition of an incident and an accident and the type of investigation that is required by both types of events;

      (b) The process for appointing an investigating officer or officers and a description of the authorities and responsibilities of the investigating officer or officers. The investigating officer or officers must:

      (i) Have the appropriate training and experience as determined by the policy;

      (ii) Not have been involved in the incident or accident so as to avoid any conflict of interest;

      (iii) Have full access to all persons, records, and relevant organizations that may have information about or may have contributed to, directly or indirectly, the incident or accident under investigation, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW;

      (iv) Be provided with, if requested by the investigating officer or officers, appropriate outside technical expertise; and

      (v) Be provided with staff and legal support by the Washington state ferries as may be appropriate to the type of investigation;

      (c) The process of working with the affected employee or employees in accordance with the employee's or employees' respective collective bargaining agreement and the appropriate union officials, within protocols afforded to all public employees;

       (d) The process by which the United States coast guard is kept informed of, interacts with, and reviews the investigation;

      (e) The process for review, approval, and implementation of any approved recommendations within the department; and

      (f) The process for keeping the public informed of the investigation and its outcomes, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW.

      NEW SECTION. Sec. 224. FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--OPERATING

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $34,933,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $29,091,000 of the multimodal transportation account--state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining the state-supported passenger rail service. Upon completion of the rail platform project in the city of Stanwood, the department shall provide daily Amtrak Cascades service to the city.

      (2) Amtrak Cascade runs may not be eliminated.

      (3) The department shall begin planning for a third roundtrip Cascades train between Seattle and Vancouver, B.C. by 2010.

      NEW SECTION. Sec. 225. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--OPERATING

Motor Vehicle Account--State Appropriation. . . . . . .$8,739,000

Motor Vehicle Account--Federal Appropriation. . . . .$2,567,000

                           TOTAL APPROPRIATION. . . . . .$11,306,000

 

TRANSPORTATION AGENCIES--CAPITAL

 

      NEW SECTION. Sec. 301. FOR THE WASHINGTON STATE PATROL

State Patrol Highway Account--State Appropriation$3,126,000

       The appropriation in this section is subject to the following conditions and limitations:

      (1) $1,626,000 of the state patrol highway account--state appropriation is provided solely for the following minor works projects: $450,000 for Shelton training academy roofs; $150,000 for HVAC control replacements; $168,000 for upgrades to scales; $50,000 for Bellevue electrical equipment upgrades; $90,000 for South King detachment window replacement; $200,000 for the replacement of the Naselle radio tower, generator shelter, and fence; $200,000 for unforeseen emergency repairs; and $318,000 for the Shelton training academy drive course/skid pan repair.

      (2) $1,500,000 of the state patrol highway account--state appropriation is provided solely for the Shelton academy of the Washington state patrol and is contingent upon a signed agreement between the city of Shelton, the department of corrections, and the Washington state patrol that provides for an on-going payment to these three entities, based on their percentage of the total investment in the project, from all hookup fees, late comer fees, LIDS, and all other initial fees collected for the new waste water treatment lines, waste water plants, water lines, and water systems.

      NEW SECTION. Sec. 302. FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account--State Appropriation. .$51,000,000

Motor Vehicle Account--State Appropriation. . . . . . .$1,048,000

County Arterial Preservation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $31,400,000

                           TOTAL APPROPRIATION. . . . . .$83,448,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $1,048,000 of the motor vehicle account--state appropriation may be used for county ferry projects as developed pursuant to RCW 47.56.725(4).

      (2) The appropriations in this section include funding to counties to assist them in efforts to recover from federally declared emergencies, by providing capitalization advances and local match for federal emergency funding as determined by the county road administration board. The county road administration board shall specifically identify any such selected projects and shall include information concerning such selected projects in its next annual report to the legislature.

      NEW SECTION. Sec. 303. FOR THE TRANSPORTATION IMPROVEMENT BOARD

Small City Pavement and Sidewalk Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,779,000

Urban Arterial Trust Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$122,400,000

Transportation Improvement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $85,643,000

                           TOTAL APPROPRIATION. . . . $213,822,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The transportation improvement account--state appropriation includes up to $7,143,000 in proceeds from the sale of bonds authorized in RCW 47.26.500.

      (2) The urban arterial trust account--state appropriation includes up to $15,000,000 in proceeds from the sale of bonds authorized in RCW 47.26.420.

      NEW SECTION. Sec. 304. FOR THE DEPARTMENT OF TRANSPORTATION. As part of its budget submittal for the 2011-13 fiscal biennium, the department shall provide an update to the report provided to the legislature in 2008 that:

      (1) Compares the original project cost estimates approved in the 2003 and 2005 project lists to the completed cost of the project, or the most recent legislatively approved budget and total project costs for projects not yet completed;

      (2) Identifies highway projects that may be reduced in scope and still achieve a functional benefit;

      (3) Identifies highway projects that have experienced scope increases and that can be reduced in scope;

      (4) Identifies highway projects that have lost significant local or regional contributions that were essential to completing the project; and

      (5) Identifies contingency amounts allocated to projects.

      NEW SECTION. Sec. 305. FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL

Motor Vehicle Account--State Appropriation. . . . . . .$3,757,000

      The appropriation in this section is subject to the following conditions and limitations: $290,000 of the motor vehicle account--state appropriation is provided solely for reconstruction of the Wandermere facility that was destroyed in the 2008-09 winter storms.

      NEW SECTION. Sec. 306. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000

Transportation Partnership Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$1,599,350,000

Motor Vehicle Account--State Appropriation. . . . .$107,339,000

Motor Vehicle Account--Federal Appropriation. . .$404,530,000

Motor Vehicle Account--Private/Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $65,494,000

Special Category C Account--State Appropriation. .$24,549,000

Transportation 2003 Account (Nickel Account)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $750,085,000

Freight Mobility Multimodal Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,422,000

Tacoma Narrows Toll Bridge Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $788,000

State Route Number 520 Corridor Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $270,000,000

                           TOTAL APPROPRIATION. . .$3,226,558,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Except as provided otherwise in this section, the entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2009-1, Highway Improvement Program (I), as developed March 30, 2009. However, limited transfers of specific line-item project appropriations may occur between projects for those amounts listed subject to the conditions and limitations in section 603 of this act.

       (2) As a result of economic changes since the initial development of the improvement program budget for the 2009-11 fiscal biennium, the department has received bids on construction contracts over the last several months that are favorable with respect to current estimates of project costs. National economic forecasts indicate that inflationary pressures are likely to remain lower than previously expected for the next several years. As a result, the nominal project cost totals shown in LEAP Transportation Document 2009-1 in aggregate for the 2009-11 fiscal biennium and the 2011-13 fiscal biennium are expected to exceed the likely amount necessary to deliver the projects listed within those biennia by fifty million dollars in each biennium. The appropriations provided in this section for the projects in those biennia are fifty million dollars less than the aggregate total of project costs listed. It is the intent of the legislature that the department shall deliver the projects listed in LEAP Transportation Document 2009-1 within the time, scope, and budgets identified in that document, provided that the prices of commodities used in transportation projects do not differ significantly from those assumed for the 2009-11 and 2011-13 fiscal biennia in the March 2009 forecast of the economic and revenue forecast council.

      (3) $62,874,000 of the transportation partnership account--state appropriation and $270,000,000 of the state route number 520 corridor account--state appropriation are provided solely for replacement of the state route number 520 bridge for projects for which the designs are agreed upon. The department shall submit an application for the eastside transit and HOV project to the supplemental discretionary grant program for regionally significant projects as provided in the American Recovery and Reinvestment Act of 2009. If federal stimulus funds are received, an equivalent amount of the funds already identified for this project must be earmarked for the construction of the projects on the west side of the state route number 520 corridor. Eastside state route number 520 improvements shall be designed and constructed to accommodate a future full interchange at 124th Avenue Northeast. Concurrent with the eastside transit and HOV project, the department shall conduct engineering design of a full interchange at 124th Avenue Northeast.

      (4) As required under section 305(6), chapter 518, Laws of 2007, the department shall report by January 2010 to the transportation committees of the legislature on the findings of the King county noise reduction solutions pilot project.

      (5) Funding allocated for mitigation costs is provided solely for the purpose of project impact mitigation, and shall not be used to develop or otherwise participate in the environmental assessment process.

      (6) The department shall apply for surface transportation program (STP) enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in Programs I and P including, but not limited to, the SR 518, SR 520, Columbia river crossing, and Alaskan Way viaduct projects.

      (7) The department shall, on a quarterly basis beginning July 1, 2009, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account. Funding provided at a programmatic level for transportation partnership account and transportation 2003 account (nickel account) projects relating to bridge rail, guard rail, fish passage barrier removal, and roadside safety projects should be reported on a programmatic basis. Projects within this programmatic level funding should be completed on a priority basis and scoped to be completed within the current programmatic budget. The department shall work with the office of financial management and the transportation committees of the legislature to agree on report formatting and elements. Elements must include, but not be limited to, project scope, schedule, and costs. For new construction contracts valued at fifteen million dollars or more, the department must also use an earned value method of project monitoring. The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information systems (TEIS).

      (8) The transportation 2003 account (nickel account)--state appropriation includes up to $704,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.861.

      (9) The transportation partnership account--state appropriation includes up to $1,261,656,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.

       (10) The special category C account--state appropriation includes up to $22,127,000 in proceeds from the sale of bonds authorized in RCW 47.10.812.

      (11) The motor vehicle account--state appropriation includes up to $55,900,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.

      (12) The department must prepare a tolling study for the Columbia river crossing project. While conducting the study, the department must coordinate with the Oregon department of transportation to perform the following activities:

      (a) Evaluate the potential diversion of traffic from Interstate 5 to other parts of the transportation system when tolls are implemented on Interstate 5 in the vicinity of the Columbia river;

      (b) Evaluate the most advanced tolling technology to maintain travel time speed and reliability for users of the Interstate 5 bridge;

      (c) Evaluate available active traffic management technology to determine the most effective options for technology that could maintain travel time speed and reliability on the Interstate 5 bridge;

      (d) Confer with the project sponsor's council, as well as local and regional governing bodies adjacent to the Interstate 5 Columbia river crossing corridor and the Interstate 205 corridor regarding the implementation of tolls, the impacts that the implementation of tolls might have on the operation of the corridors, the diversion of traffic to local streets, and potential mitigation measures;

      (e) Regularly report to the Washington transportation commission regarding the progress of the study for the purpose of guiding the commission's potential toll setting on the facility;

      (f) Research and evaluate options for a potential toll-setting framework between the Oregon and Washington transportation commissions;

      (g) Conduct public work sessions and open houses to provide information to citizens, including users of the bridge and business and freight interests, regarding implementation of tolls on the Interstate 5 and to solicit citizen views on the following items:

      (i) Funding a portion of the Columbia river crossing project with tolls;

      (ii) Implementing variable tolling as a way to reduce congestion on the facility; and

       (iii) Tolling Interstate 205 separately as a management tool for the broader state and regional transportation system; and

      (h) Provide a report to the governor and the legislature by January 2010.

      (13)(a) By January 2010, the department must prepare a traffic and revenue study for Interstate 405 in King county and Snohomish county that includes funding for improvements and high occupancy toll lanes, as defined in RCW 47.56.401, for traffic management. The department must develop a plan to operate up to two high occupancy toll lanes in each direction on Interstate 405.

      (b) For the facility listed in (a) of this subsection, the department must:

      (i) Confer with the mayors and city councils of jurisdictions in the vicinity of the project regarding the implementation of high occupancy toll lanes and the impacts that the implementation of these high occupancy toll lanes might have on the operation of the corridor and adjacent local streets;

      (ii) Conduct public work sessions and open houses to provide information to citizens regarding implementation of high occupancy toll lanes and to solicit citizen views; and

      (iii) Provide a report to the governor and the legislature by January 2010.

      (14) $9,199,985 of the motor vehicle account--state appropriation is provided solely for project 100224I, as identified in the LEAP transportation document in subsection (1) of this section: US 2 high priority safety project. Expenditure of these funds is for safety projects on state route number 2 between Skykomish and Gold Bar, which may include median rumble strips, traffic cameras, and electronic message signs.

      (15) Expenditures for the state route number 99 Alaskan Way viaduct replacement project must be made in conformance with Engrossed Substitute Senate Bill No. 5768.

      (16) The department shall conduct a public outreach process to identify and respond to community concerns regarding the Belfair bypass. The process must include representatives from Mason county, the legislature, area businesses, and community members. The department shall use this process to consider and develop design alternatives that alter the project's scope so that the community's needs are met within the project budget. The department shall provide a report on the process and outcomes to the legislature by June 30, 2010.

      (17) The legislature is committed to the timely completion of R8A which supports the construction of sound transit's east link. Following the completion of the independent analysis of the methodologies to value the reversible lanes on Interstate 90 which may be used for high capacity transit as directed in section 204 of this act, the department shall complete the process of negotiations with sound transit. Such agreement shall be completed no later than December 1, 2009.

      (18) $6,000,000 of the motor vehicle account--state appropriation is provided solely for the design and construction of a new interchange between state route number 195 and Cheney-Spokane Road. It is the intent of the legislature that an additional $6,500,000 will be provided in the 2011-13 omnibus transportation appropriations act to complete this project. As a first priority, the department shall add a right turn lane to improve visibility and traffic flow at the intersection of state route number 195 and Cheney-Spokane Road.

      (19) $846,700 of the motor vehicle account--federal appropriation and $17,280 of the motor vehicle account--state appropriation are provided solely for the Westview school noise wall.

      (20) $1,360 of the motor vehicle account--state appropriation and $35,786 of the motor vehicle account--federal appropriation are provided solely for interchange design and planning work on US 12 at A Street and Tank Farm Road.


      (21) $20,011,125 of the transportation partnership account--state appropriation, $2,550 of the motor vehicle account--state appropriation, $30,003,473 of the motor vehicle account--private/local appropriation, and $1,482,066 of the motor vehicle account--federal appropriation is provided solely for the I-5/Columbia river crossing/Vancouver project. The funding described in this subsection includes a $30,003,473 contribution from the state of Oregon.

      (22) It is important that the public and policymakers have accurate and timely access to information related to the Alaskan Way viaduct replacement project as it proceeds to, and during, the construction of all aspects of the project including, but not limited to, information regarding costs, schedules, contracts, project status, and neighborhood impacts. Therefore, it is the intent of the legislature that the state, city, and county departments of transportation establish a single source of accountability for integration, coordination, tracking, and information of all requisite components of the replacement project, which must include, at a minimum:

      (a) A master schedule of all subprojects included in the full replacement project or program; and

      (b) A single point of contact for the public, media, stakeholders, and other interested parties.

      (23) The state route number 520 corridor account--state appropriation includes up to $270,000,000 in proceeds from the sale of bonds authorized in House Bill No. 2326. If House Bill No. 2326 is not enacted by June 30, 2009, the amount provided in this subsection shall lapse.

      (24) The department shall evaluate a potential deep bore culvert for the state route number 305/Bjorgen creek fish barrier project identified as project 330514 A in LEAP Transportation Document ALL PROJECTS 2009-2, as developed March 30, 2009. The department shall evaluate whether a deep bore culvert will be a less costly alternative than a traditional culvert since a traditional culvert would require extensive road detours during construction.

      (25) $62,069,026 of the transportation partnership account--state appropriation, $113,044,224 of the transportation 2003 account (nickel account)--state appropriation, $1,411 of the freight mobility multimodal account--state appropriation, $181,524 of the motor vehicle account--private/local appropriation, and $62,318,460 of the motor vehicle account--federal appropriation are provided solely for project 300504A, the I-5/Tacoma HOV Improvements project as indicated in the LEAP transportation document referenced in subsection (1) of this section.

      (26) $2,297,110 of the transportation partnership account--state appropriation is provided solely for project 330215A, the SR 302/Creviston to Purdy Vicinity project as indicated in the LEAP transportation document referenced in subsection (1) of this section.

      (27) $1,500,000 of the transportation 2003 account (nickel account)--state appropriation and $590,737 of the motor vehicle account--federal appropriation are provided solely for project 370401A, the state route number 704/cross base highway--new alignment project as indicated in the LEAP transportation document referenced in subsection (1) of this section.

      (28) $13,977,496 of the transportation partnership account--state appropriation is a reappropriation provided solely for project 850901F, as identified in the LEAP transportation document in subsection (1) of this section: SR 509/I-5 to Sea-Tac Freight & Congestion Relief. However, this appropriation shall be reduced to reflect expenditures previously made during the 2007-09 fiscal biennium.

      (29) $10,600,000 of the transportation partnership account--state appropriation is provided solely for the Interstate 90 Two Way Transit and HOV Improvement--Stage 2 and 3 project. Funds shall be used solely for preliminary engineering on stages 2 and 3 of this project.

      (30) Eastside state route number 520 improvements shall be designed and constructed to accommodate a future eastbound slip ramp in the vicinity of state route number 520 and the 148th Avenue Northeast interchange. Concurrent with the eastside transit and HOV project, the department shall conduct engineering design and analysis of an eastbound slip ramp in the vicinity of state route number 520 eastbound and 148th Avenue Northeast.

      NEW SECTION. Sec. 307. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P

Transportation Partnership Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $107,377,000

Motor Vehicle Account--State Appropriation. . . . .$111,009,000

Motor Vehicle Account--Federal Appropriation. . .$514,767,000

Motor Vehicle Account--Private/Local Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,417,000

Transportation 2003 Account (Nickel Account)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,237,000

Puyallup Tribal Settlement Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,500,000

                           TOTAL APPROPRIATION. . . . $753,307,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2009-1, Highway Preservation Program (P), as developed March 30, 2009. However, limited transfers of specific line-item project appropriations may occur between projects for those amounts listed subject to the conditions and limitations in section 603 of this act.

      (2) $544,639 of the motor vehicle account--federal appropriation and $280,361 of the motor vehicle account--state appropriation are provided solely for project 602110F, as identified in the LEAP transportation document in subsection (1) of this section: SR 21/Keller ferry boat - replace ferry boat. The Keller ferry boat replacement must consist of a tug and barge.

      (3) The department shall apply for surface transportation program (STP) enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in Programs I and P.

      (4) $6,500,000 of the Puyallup tribal settlement account--state appropriation is provided solely for mitigation costs associated with the Murray Morgan/11th Street bridge demolition. The department may negotiate with the city of Tacoma for the purpose of transferring ownership of the Murray Morgan/11th Street bridge to the city. If the city agrees to accept ownership of the bridge, the department may use the Puyallup tribal settlement account appropriation and other appropriated funds for bridge rehabilitation, bridge replacement, bridge demolition, and related mitigation. The department's participation, including prior expenditures, may not exceed $39,953,000. Funds may not be expended unless the city of Tacoma agrees to take ownership of the bridge in its entirety and provides that the payment of these funds extinguishes any real or implied agreements regarding future bridge expenditures.

      (5) The department shall, on a quarterly basis beginning July 1, 2009, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account. Funding provided at a programmatic level for transportation partnership account projects relating to seismic bridges should be reported on a programmatic basis. Projects within this programmatic level funding should be completed on a priority basis and scoped to be completed within the current programmatic budget. The department shall work with the office of financial management and the transportation committees of the legislature to agree on report formatting and elements. Elements must include, but not be limited to, project scope, schedule, and costs. For new construction contracts valued at fifteen million dollars or more, the department must also use an earned value method of project monitoring. The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information systems (TEIS).

      (6) The department of transportation shall continue to implement the lowest life cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds. Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.

      (7) Within existing funds and resources, the department shall conduct an analysis and produce a report on state highway pavement replacement needs, level of investment, timing, and strategies for the next ten years. The department shall include the following in the report:

      (a) For asphalt and chip seal: (i) The current backlog of "black" pavement preservation projects; (ii) the level of investment needed and schedule to reduce or eliminate the backlog and resume the lowest life-cycle cost to replace the highway lane miles; and (iii) strategies for addressing the recent rapid escalation of asphalt prices and using alternatives to hot mix asphalt;

      (b) For concrete or "white" pavement: (i) Identification of concrete rehabilitation and replacement needs in the next ten years; and (ii) the level of investment, schedule, and strategies for rehabilitation and replacement, including dowel-bar retrofit, selected panel replacement, and full replacement; and

      (c) For all types of pavement: Criteria for determining which type of pavement will be used for specific projects, including annualized cost per mile, traffic volume per lane mile, and heavy truck traffic volume per lane mile.

      The department shall submit the report to the office of financial management and the transportation committees of the legislature by December 31, 2009, in order to inform the development of the 2011-13 omnibus transportation appropriations act.

       (8) $1,722 of the motor vehicle account--state appropriation, $9,608,115 of the motor vehicle account--federal appropriation, and $272,141 of the transportation partnership account--state appropriation are provided solely for the Hood Canal bridge project.

      NEW SECTION. Sec. 308. FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q--CAPITAL

Motor Vehicle Account--State Appropriation. . . . . . .$6,394,000

Motor Vehicle Account--Federal Appropriation. . . . .$9,262,000

                           TOTAL APPROPRIATION. . . . . .$15,656,000

      NEW SECTION. Sec. 309. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W

Puget Sound Capital Construction Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $125,775,000

Puget Sound Capital Construction Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $38,675,000

Puget Sound Capital Construction Account--Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,492,000

Transportation 2003 Account (Nickel Account)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $57,336,350

Transportation Partnership Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $64,784,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $170,000

                           TOTAL APPROPRIATION. . . . $297,232,350

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $129,566,000 of the Puget Sound capital construction account--state appropriation, $38,675,000 of the Puget Sound capital construction account--federal appropriation, $64,784,000 of the transportation partnership account--state appropriation, $67,931,000 of the transportation 2003 account (nickel account)--state appropriation, and $170,000 of the multimodal transportation account--state appropriation are provided solely for ferry capital projects, project support, and administration as listed in LEAP Transportation Document ALL PROJECTS 2009-2, Ferries Construction Program (W), as developed March 30, 2009.

       (2) $46,436,350 of the transportation 2003 account (nickel account)--state appropriation and $63,100,000 of the transportation partnership account--state appropriation are provided solely for the acquisition of three new Island Homes class ferry vessels subject to the conditions and limitations in RCW 47.56.780, the first two of which shall be used to restore service on the Port Townsend-Keystone route. The department may add additional passenger capacity to one of these vessels to make it more flexible within the system in the future, if doing so does not require additional staffing on the vessel.

      (3) $12,900,000 of the transportation 2003 account (nickel account)--state appropriation is provided solely for the acquisition of two new 144-auto capacity ferry vessels. Cost savings from the following initiatives are included in the funding of these vessels: Washington state ferries' review and update of their vessel life-cycle cost model as required by this section, and the department of transportation's implementation of technology efficiencies as required by section 602 of this act.

      (4) It is the intent of the legislature that the ferry vessel construction and future preservation costs associated with the newly constructed vessels and according to the procurement schedule as outlined in this subsection be funded with a total of $537,255,595 over sixteen years, beginning with the 2009-11 fiscal biennium.

      (5) $6,300,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital costs.

      (6) The Anacortes terminal may be replaced if additional federal funds are sought and received by the department. If federal funds received are not sufficient to replace the terminal, only usable, discrete phases of the project, up to the amount of federal funds received, may be constructed with the funds.

      (7) $247,000 of the Puget Sound capital construction account--state appropriation is provided solely for the department to update the vessel life-cycle cost model by December 31, 2009.

      (8) $3,965,000 of the Puget Sound capital construction account--state appropriation is provided solely for the following vessel projects: Waste heat recovery pilot project; steering gear ventilation pilot project; and a new propulsion system for the MV Yakima. Before beginning these projects, the Washington state ferries must ensure the vessels' out-of-service time does not negatively impact service to the system.

      (9) The Washington state ferries shall pursue purchasing a foreign-flagged vessel for service on the Anacortes, Washington to Sidney, British Columbia ferry route.

      (10) The department shall provide to the office of financial management and the legislature quarterly reports providing the status on each project listed in this section and in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2009-11 fiscal biennium. Elements must include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS). The quarterly report regarding the status of projects identified on the list referenced in subsection (1) of this section must be developed according to an earned value method of project monitoring.

      (11) The Washington state ferries shall review and adjust their capital program staffing levels to ensure staffing is at the most efficient level necessary to implement the capital program in the omnibus transportation appropriations act. The Washington state ferries shall report this review and adjustment to the office of financial management and the house and senate transportation committees of the legislature by July 2009.

      (12) $3,763,000 of this appropriation is provided solely for the Washington state ferries to develop a reservation system. Of this amount, $3,118,000 shall be placed in unallotted status until the Washington state ferries develops a plan for a reservation system pilot program and the plan is reviewed by the office of financial management and either the joint transportation committee or the transportation committees of the legislature. This analysis must include an evaluation of the compatibility of the Washington state ferries' electronic fare system, proposed reservation system, and the implementation of smart card.

      (13) The Washington state ferries shall review and update their vessel life-cycle cost model and report the results to the house of representatives and senate transportation committees of the legislature by December 1, 2009.


       (14) The Washington state ferries shall review and update their vessel life-cycle cost model and report the results to the house of representatives and senate transportation committees of the legislature by December 1, 2009. This review will evaluate the impact of the planned out-of-service periods scheduled for each vessel on the ability of the overall system to deliver uninterrupted service and will assess the risk of service disruption from unscheduled maintenance or longer than planned maintenance periods.

      NEW SECTION. Sec. 310. FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--CAPITAL

Essential Rail Assistance Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $675,000

Transportation Infrastructure Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $13,100,000

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $97,610,000

Multimodal Transportation Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $16,054,000

Multimodal Transportation Account--Private/Local

       Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$81,000

                           TOTAL APPROPRIATION. . . . $127,520,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1)(a) Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document ALL PROJECTS 2009-2, Rail Capital Program (Y), as developed March 30, 2009. However, limited transfers of specific line-item project appropriations may occur between projects for those amounts listed subject to the conditions and limitations in section 603 of this act.

      (b)(i) Within the amounts provided in this section, $116,000 of the transportation infrastructure account--state appropriation is for a low-interest loan through the freight rail investment bank program to the Port of Ephrata for rehabilitation of a rail spur.

      (ii) Within the amounts provided in this section, $1,200,000 of the transportation infrastructure account--state appropriation is for a low-interest loan through the freight rail investment bank program to the Port of Everett for a new rail track to connect a cement loading facility to the mainline.

      (iii) Within the amounts provided in this section, $3,684,000 of the transportation infrastructure account--state appropriation is for a low-interest loan through the freight rail investment bank program to the Port of Quincy for construction of a rail loop.

      (c)(i) Within the amounts provided in this section, $1,679,350 of the multimodal transportation account--state appropriation and $175,000 of the essential rail assistance account--state appropriation are for statewide - emergent freight rail assistance projects as follows: Port of Ephrata/Ephrata - additional spur rehabilitation (BIN 722710A) $362,746; Tacoma Rail/Tacoma - new refinery spur tracks (BIN 711010A) $420,000; CW Line/Lincoln County - grade crossing rehabilitation (BIN 700610A) $337,978; Clark County owned railroad/Vancouver - track rehabilitation (BIN 710110A) $366,813; Tacoma Rail/Tacoma - improved locomotive facility (BIN 711010B) $366,813.

      (ii) Within the amounts provided in this section, $500,000 of the essential rail assistance account--state appropriation and $25,000 of the multimodal transportation account--state appropriation are for a statewide - emergent freight rail assistance project grant for the Tacoma Rail/Roy - new connection to BNSF and Yelm (BIN 711310A) project, provided that the grantee first executes a written instrument that imposes on the grantee the obligation to repay the grant within thirty days in the event that the grantee discontinues or significantly diminishes service along the line within a period of five years from the date that the grant is awarded.

      (iii) Within the amounts provided in this section, $337,978 of the multimodal transportation account--state appropriation is for a statewide - emergent freight rail assistance project grant for the Lincoln County PDA/Creston - new rail spur (BIN 710510A) project, provided that the grantee first documents to the satisfaction of the department sufficient commitments from the new shipper or shippers to locate in the publicly owned industrial park west of Creston to ensure that the net present value of the public benefits of the project is greater than the grant amount.

      (d) $8,100,000 of the transportation infrastructure account--state appropriation is provided solely for grants to any intergovernmental entity or local rail district to which the department of transportation assigns the management and oversight responsibility for the business and economic development elements of existing operating leases on the Palouse River and Coulee City (PCC) rail lines. The PCC rail line system is made up of the CW, P&L, and PV Hooper rail lines. Business and economic development elements include such items as levels of service and business operating plans, but must not include the state's oversight of railroad regulatory compliance, rail infrastructure condition, or real property management issues. The PCC rail system must be managed in a self-sustaining manner and best efforts must be used to ensure that it does not require state capital or operating subsidy beyond the level of state funding expended on it to date. The assignment of the stated responsibilities to an intergovernmental entity or rail district must be on terms and conditions as the department of transportation and the intergovernmental entity or rail district mutually agree. The grant funds may be used only to refurbish the rail lines. It is the intent of the legislature to make the funds appropriated in this section available as grants to an intergovernmental entity or local rail district for the purposes stated in this section at least until June 30, 2012, and to reappropriate as necessary any portion of the appropriation in this section that is not used by June 30, 2011.

      (2)(a) The department shall issue a call for projects for the freight rail investment bank program and the emergent freight rail assistance program, and shall evaluate the applications according to the cost benefit methodology developed during the 2008 interim using the legislative priorities specified in (c) of this subsection. By November 1, 2010, the department shall submit a prioritized list of recommended projects to the office of financial management and the transportation committees of the legislature.

      (b) When the department identifies a prospective rail project that may have strategic significance for the state, or at the request of a proponent of a prospective rail project or a member of the legislature, the department shall evaluate the prospective project according to the cost benefit methodology developed during the 2008 interim using the legislative priorities specified in (c) of this subsection. The department shall report its cost benefit evaluation of the prospective rail project, as well as the department's best estimate of an appropriate construction schedule and total project costs, to the office of financial management and the transportation committees of the legislature.

      (c) The legislative priorities to be used in the cost benefit methodology are, in order of relative importance:

      (i) Economic, safety, or environmental advantages of freight movement by rail compared to alternative modes;

      (ii) Self-sustaining economic development that creates family-wage jobs;

      (iii) Preservation of transportation corridors that would otherwise be lost;

      (iv) Increased access to efficient and cost-effective transport to market for Washington's agricultural and industrial products;

      (v) Better integration and cooperation within the regional, national, and international systems of freight distribution; and

      (vi) Mitigation of impacts of increased rail traffic on communities.

      (3) The department is directed to seek the use of unprogrammed federal rail crossing funds to be expended in lieu of or in addition to state funds for eligible costs of projects in program Y.

      (4) At the earliest possible date, the department shall apply, and assist ports and local jurisdictions in applying, for any federal funding that may be available for any projects that may qualify for such federal funding. State projects must be (a) currently identified on the project list referenced in subsection (1)(a) of this section or (b) projects for which no state match is required to complete the project. Local or port projects must not require additional state funding in order to complete the project, with the exception of (c) state funds currently appropriated for such project if currently identified on the project list referenced in subsection (1)(a) of this section or (d) potential grants awarded in the competitive grant process for the essential rail assistance program. If the department receives any federal funding, the department is authorized to obligate and spend the federal funds in accordance with federal law. To the extent permissible by federal law, federal funds may be used (e) in addition to state funds appropriated for projects currently identified on the project list referenced in subsection (1)(a) of this section in order to advance funding from future biennia for such project(s) or (f) in lieu of state funds; however, the state funds must be redirected within the rail capital program to advance funding for other projects currently identified on the project list referenced in subsection (1)(a) of this section. State funds may be redirected only upon consultation with the transportation committees of the legislature and the office of financial management, and approval by the director of the office of financial management. The department shall spend the federal funds before the state funds, and shall consult the office of financial management and the transportation committees of the legislature regarding project scope changes.

      (5) The department shall provide quarterly reports to the office of financial management and the transportation committees of the legislature regarding applications that the department submits for federal funds, the status of such applications, and the status of projects identified on the list referenced in subsection (1)(a) of this section. The quarterly report regarding the status of projects identified on the list referenced in subsection (1)(a) of this section must be developed according to an earned value method of project monitoring.

      (6) The multimodal transportation account--state appropriation includes up to $43,616,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.

      (7) When the balance of that portion of the miscellaneous program account apportioned to the department for the grain train program reaches $1,180,000, the department shall acquire twenty-nine additional grain train railcars.

      NEW SECTION. Sec. 311. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL

Highway Infrastructure Account--State Appropriation$207,000

Highway Infrastructure Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,602,000

Freight Mobility Investment Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $13,048,000

Transportation Partnership Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,363,000

Motor Vehicle Account--State Appropriation. . . . . .$11,745,000

Motor Vehicle Account--Federal Appropriation. . . .$37,569,000

 Freight Mobility Multimodal Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $13,918,000

Freight Mobility Multimodal Account--Local

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,135,000

Multimodal Transportation Account--Federal

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,098,000

Multimodal Transportation Account--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $23,340,000

Transportation 2003 Account (Nickel Account)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$709,000

Passenger Ferry Account--State Appropriation. . . . . .$2,879,000

                           TOTAL APPROPRIATION. . . . $118,613,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall, on a quarterly basis, provide status reports to the legislature on the delivery of projects as outlined in the project lists incorporated in this section. For projects funded by new revenue in the 2003 and 2005 transportation packages, reporting elements shall include, but not be limited to, project scope, schedule, and costs. Other projects may be reported on a programmatic basis. The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information system (TEIS).

      (2) $2,729,000 of the passenger ferry account--state appropriation is provided solely for near and long-term costs of capital improvements in a business plan approved by the governor for passenger ferry service.

      (3) $150,000 of the passenger ferry account--state appropriation is provided solely for the Port of Kingston for a one-time operating subsidy needed to retain a federal grant.

      (4) $3,000,000 of the motor vehicle account--federal appropriation is provided solely for the Coal Creek parkway project (L1000025).

      (5) The department shall seek the use of unprogrammed federal rail crossing funds to be expended in lieu of or in addition to state funds for eligible costs of projects in local programs, program Z capital.

      (6) The department shall apply for surface transportation program (STP) enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in local programs, program Z capital.

      (7) Federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the office of financial management. The department shall submit a report on those projects receiving fund transfers to the office of financial management and the transportation committees of the legislature by December 1, 2009, and December 1, 2010.

      (8) The city of Winthrop may utilize a design-build process for the Winthrop bike path project. Of the amount appropriated in this section for this project, $500,000 of the multimodal transportation account--state appropriation is contingent upon the state receiving from the city of Winthrop $500,000 in federal funds awarded to the city of Winthrop by its local planning organization.

      (9) $14,182,113 of the multimodal transportation account--state appropriation, $8,753,895 of the motor vehicle account--federal appropriation, and $4,000,000 of the transportation partnership account--state appropriation are provided solely for the pedestrian and bicycle safety program projects and safe routes to schools program projects identified in LEAP Transportation Document 2009-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 30, 2009, LEAP Transportation Document 2007-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed April 20, 2007, and LEAP Transportation Document 2006-B, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 8, 2006. Projects must be allocated funding based on order of priority. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded funds, but does not report activity on the project within one year of the grant award must be reviewed by the department to determine whether the grant should be terminated. The department shall promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award.

      (10) Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document ALL PROJECTS 2009-2, Local Program (Z), as developed March 30, 2009.

      (11) For the 2009-11 project appropriations, unless otherwise provided in this act, the director of financial management may authorize a transfer of appropriation authority between projects managed by the freight mobility strategic investment board in order for the board to manage project spending and efficiently deliver all projects in the respective program.

      (12) $913,386 of the motor vehicle account--state appropriation and $2,858,216 of the motor vehicle account--federal appropriation are provided solely for completion of the US 101 northeast peninsula safety rest area and associated roadway improvements east of Port Angeles at the Deer Park scenic view point. The department must surplus any right-of-way previously purchased for this project near Sequim. Approval to proceed with construction is contingent on surplus of previously purchased right-of-way. $865,000 of the motor vehicle account--state appropriation is to be placed into unallotted status until such time as the right-of-way sale is completed.

 

TRANSFERS AND DISTRIBUTIONS

 

      NEW SECTION. Sec. 401. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation$693,602,000

Ferry Bond Retirement Account Appropriation. . . . $33,770,000

Transportation Improvement Board Bond Retirement

      Account--State Appropriation. . . . . . . . . . . . . . .$23,205,000

Nondebt-Limit Reimbursable Account Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$17,282,000

Transportation Partnership Account--State

       Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,656,000

Motor Vehicle Account--State Appropriation. . . . . . . . $658,000

Transportation 2003 Account (Nickel Account)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,605,000

Special Category C Account--State Appropriation. . . . . $82,000

Urban Arterial Trust Account--State Appropriation. . . . $56,000

Transportation Improvement Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$26,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $161,000

                           TOTAL APPROPRIATION. . . . $776,103,000

      NEW SECTION. Sec. 402. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Transportation Partnership Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $629,000

Motor Vehicle Account--State Appropriation. . . . . . . . . $89,000

Transportation 2003 Account (Nickel Account)--State

      Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$352,000

Special Category C Account--State Appropriation. . . . . $11,000

Urban Arterial Trust Account--State Appropriation. . . . . .$8,000

Transportation Improvement Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,000

Multimodal Transportation Account--State Appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$22,000

                           TOTAL APPROPRIATION. . . . . . .$1,115,000

      NEW SECTION. Sec. 403. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR MVFT BONDS AND TRANSFERS

      Motor Vehicle Account--State Appropriation:

For transfer to the Puget Sound Capital Construction

Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $122,000,000

      The department of transportation is authorized to sell up to $122,000,000 in bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead-time materials acquisition for the Washington state ferries.

      NEW SECTION. Sec. 404. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION

      Motor Vehicle Account Appropriation for

motor vehicle fuel tax distributions to cities

 and counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $488,843,000

      NEW SECTION. Sec. 405. FOR THE STATE TREASURER--TRANSFERS

      Motor Vehicle Account--State

Appropriation: For motor vehicle fuel tax

refunds and statutory transfers. . . . . . . . . . . . . . . $1,310,279,000

      NEW SECTION. Sec. 406. FOR THE DEPARTMENT OF LICENSING--TRANSFERS

      Motor Vehicle Account--State

Appropriation: For motor vehicle fuel tax

refunds and transfers. . . . . . . . . . . . . . . . . . . . . . . . $129,178,000

      NEW SECTION. Sec. 407. FOR THE STATE TREASURER--ADMINISTRATIVE TRANSFERS

      (1) Tacoma Narrows Toll Bridge Account--State

Appropriation: For transfer to the Motor Vehicle

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,288,000

      (2) Motor Vehicle Account--State Appropriation:

For transfer to the Puget Sound Ferry Operations

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$12,000,000

      (3) Recreational Vehicle Account--State

Appropriation: For transfer to the Motor Vehicle

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,645,000

      (4) License Plate Technology Account--State

Appropriation: For transfer to the Motor Vehicle

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,750,000

      (5) Multimodal Transportation Account--State

Appropriation: For transfer to the Puget Sound

Ferry Operations Account--State. . . . . . . . . . . . . . . .$20,000,000

      (6) Waste Tire Removal Account--State Appropriation:

For transfer to the Motor Vehicle Account--State. . . .$5,000,000

      (7) Highway Safety Account--State Appropriation:

For transfer to the Multimodal Transportation

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15,000,000

      (8) Department of Licensing Services Account--State

Appropriation: For transfer to the Motor Vehicle

Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,500,000

       (9) State Patrol Highway Account--State Appropriation:

For transfer to the Motor Vehicle Account--State. . .$10,000,000

      (10) Motor Vehicle Account--State Appropriation:

For transfer to the High Occupancy Toll Lanes Operations

Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      (11) Advanced Right-of-Way Account: For transfer

to the Motor Vehicle Account--State. . . . . . . . . . . . $14,000,000

      (12) Regional Mobility Grant Program Account--State

Appropriation: For transfer to the Multimodal

Transportation Account--State. . . . . . . . . . . . . . . . . .$30,000,000

      (13) Multimodal Transportation Account--State

Appropriation: For transfer to the Puget Sound Capital

Construction Account--State. . . . . . . . . . . . . . . . . . . .$1,500,000

      The transfers identified in this section are subject to the following conditions and limitations: The amount transferred in subsection (1) of this section represents repayment of operating loans and reserve payments provided to the Tacoma Narrows toll bridge account from the motor vehicle account in the 2005-07 fiscal biennium.

      NEW SECTION. Sec. 408. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenue for distribution, state contributions to the law enforcement officers' and firefighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.

      NEW SECTION. Sec. 409. The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

 

COMPENSATION

 

      NEW SECTION. Sec. 501. FOR THE OFFICE FINANCIAL MANAGEMENT--REVISED PENSION CONTRIBUTION RATES

Aeronautics Account--State. . . . . . . . . . . . . . . . . . . . . .($34,000)

Grade Crossing Protective Account--State. . . . . . . . . . . ($2,000)

State Patrol Highway Account--State. . . . . . . . . . .($12,723,000)

Motorcycle Safety Education Account--State. . . . . . . . ($14,000)

High Occupancy Toll Lanes Operations Account--State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($16,000)

Rural Arterial Trust Account--State. . . . . . . . . . . . . . . .($16,000)

Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . . .($12,000)

Highway Safety Account--State. . . . . . . . . . . . . . . . ($1,543,000)

Highway Safety Account--Federal. . . . . . . . . . . . . . . . .($46,000)

Motor Vehicle Account--State. . . . . . . . . . . . . . . . . ($8,240,000)

Puget Sound Ferry Operations Account--State. . . . .($4,147,000)

Urban Arterial Trust Account--State. . . . . . . . . . . . . . . ($22,000)

Transportation Improvement Account--State. . . . . . . . ($22,000)

County Arterial Preservation Account--State. . . . . . . . ($18,000)

Department of Licensing Services Account--State. . . . ($30,000)

Multimodal Transportation Account--State. . . . . . . . .($138,000)

Tacoma Narrows Toll Bridge Account--State. . . . . . . . ($24,000)

      Appropriations are adjusted to reflect changes to appropriations to reflect savings resulting from pension funding. The office of financial management shall update agency appropriations schedules to reflect the changes to funding levels in this section as identified by agency and fund in LEAP document Z9-2009.

      NEW SECTION. Sec. 502. FOR THE OFFICE FINANCIAL MANAGEMENT--REVISED EMPLOYER HEALTH BENEFIT RATES

Aeronautics Account--State. . . . . . . . . . . . . . . . . . . . . . . $14,000

State Patrol Highway Account--State. . . . . . . . . . . . . $2,409,000

Motorcycle Safety Education Account--State. . . . . . . . . . $9,000

Puget Sound Capital Construction--State. . . . . . . . . . . .$134,000

High Occupancy Toll Lanes Operations Account--State. . $8,000

Rural Arterial Trust Account--State. . . . . . . . . . . . . . . . . . $6,000

Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . $6,000

Highway Safety Account--State. . . . . . . . . . . . . . . . . .$1,011,000

Highway Safety Account--Federal. . . . . . . . . . . . . . . . . . $22,000

 Motor Vehicle Account--State. . . . . . . . . . . . . . . . . . $7,783,000

Puget Sound Ferry Operations Account--State. . . . . . $2,054,000

Urban Arterial Trust Account--State. . . . . . . . . . . . . . . . . $8,000

Transportation Improvement Account--State. . . . . . . . . . .$8,000

County Arterial Preservation Account--State. . . . . . . . . . .$6,000

Department of Licensing Services Account--State. . . . . .$12,000

Multimodal Transportation Account--State. . . . . . . . . . . $68,000

Tacoma Narrows Toll Bridge Account--State. . . . . . . . . $12,000

      Appropriations are adjusted to reflect changes to appropriations to reflect changes in the employer cost of providing health benefit coverage. The office of financial management shall update agency appropriations schedules to reflect the changes to funding levels in this section as identified by agency and fund in LEAP document 6M-2009.

 

IMPLEMENTING PROVISIONS

 

      NEW SECTION. Sec. 601. INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.

      (1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative statewide infrastructure.

      (2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:

      (a) System refurbishment, acquisitions, and development efforts;

      (b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;

      (c) Assessment of overall information processing performance, resources, and capabilities;

       (d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and

      (e) Progress toward enabling electronic access to public information.

      (3) Each project will be planned and designed to take optimal advantage of Internet technologies and protocols. Agencies shall ensure that the project is in compliance with the architecture, infrastructure, principles, policies, and standards of digital government as maintained by the information services board.

      (4) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and statewide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.

      (5) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.

      (6) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.

      (7) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.

      (8) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.

      NEW SECTION. Sec. 602. Due to the state of the economy affecting state budgets, the state is reviewing agency spending plans to identify areas in which new technologies can be applied to achieve greater efficiencies, economies of scale, and save the state money. Information technology and communications is an area where the state can save millions of dollars, if managed well. If information technology and communications are managed poorly, by not planning effectively and taking advantage of new capabilities, this can also cost the state millions of dollars.

      By July 1, 2009, each transportation agency is required to begin implementing a holistic virtualization strategy to take advantage of information technology infrastructure savings in the areas of capital and operating costs at the server, desktop, network, data storage, business continuance, and disaster recovery levels. This includes a disaster recovery strategy and roadmap, a unified storage strategy, a network infrastructure plan, and a centralized management plan for servers and applications. The business needs, business strategy, and mission of each agency must be tied to the technical strategy, including the completion of an impact analysis showing a quantifiable return on investment analysis for cost savings/avoidance.

      By July 1, 2009, due to the large increase in networks to move an increasingly large amount of data, transportation agencies are to begin implementing wide area network optimization technologies to improve application performance while decreasing continuing requests for additional bandwidth and save the state money.

      By January 1, 2010, each transportation agency shall have a plan and begin its implementation for moving from legacy communication systems that are outdated and costly and implement new voice over internet protocol communications systems. Each agency is required to begin implementing a holistic communications and collaboration strategy to take advantage of information technology infrastructure savings in the areas of capital and operating costs, decrease statewide communication costs, and increase communications and collaboration capabilities.

      NEW SECTION. Sec. 603. FUND TRANSFERS. (1) The transportation 2003 projects or improvements and the 2005 transportation partnership projects or improvements are listed in LEAP Transportation Document 2009-1, which consists of a list of specific projects by fund source and amount over a sixteen year period. Current fiscal biennium funding for each project is a line item appropriation, while the outer year funding allocations represent a sixteen year plan. The department is expected to use the flexibility provided in this section to assist in the delivery and completion of all transportation partnership account and transportation 2003 (nickel) account projects on the LEAP lists referenced in this act. For the 2009-11 project appropriations, unless otherwise provided in this act, the director of financial management may authorize a transfer of appropriation authority between projects funded with transportation 2003 account (nickel account) appropriations, transportation partnership account appropriations, or multimodal transportation account appropriations, in order to manage project spending and efficiently deliver all projects in the respective program under the following conditions and limitations:

      (a) Transfers may only be made within each specific fund source referenced on the respective project list;

      (b) Transfers from a project may not be made as a result of the reduction of the scope of a project, nor shall a transfer be made to support increases in the scope of a project;

      (c) Each transfer between projects may only occur if the director of financial management finds that any resulting change will not hinder the completion of the projects as approved by the legislature. Until the legislature reconvenes to consider the 2010 supplemental budget, any unexpended 2007-09 appropriation balance as approved by the office of financial management, in consultation with the legislative staff of the house of representatives and senate transportation committees, may be considered when transferring funds between projects;

      (d) Transfers from a project may be made if the funds appropriated to the project are in excess of the amount needed to complete the project;

      (e) Transfers may not occur to projects not identified on the applicable project list, except for those projects that were expected to be completed in the 2007-09 fiscal biennium; and

      (f) Transfers may not be made while the legislature is in session.

      (2) At the time the department submits a request to transfer funds under this section a copy of the request shall be submitted to the transportation committees of the legislature.

      (3) The office of financial management shall work with legislative staff of the house of representatives and senate transportation committees to review the requested transfers.

      (4) The office of financial management shall document approved transfers and/or schedule changes in the transportation executive information system (TEIS), compare changes to the legislative baseline funding and schedules identified by project identification number identified in the LEAP lists adopted in this act, and transmit revised project lists to chairs of the transportation committees of the legislature on a quarterly basis.

 

      NEW SECTION. Sec. 604. MEGA-PROJECT REPORTING. Mega-projects are defined as individual or groups of related projects that cost $1,000,000,000 or more. These projects include, but are not limited to: Alaskan Way viaduct, SR 520, SR 167, I-405, North Spokane corridor, I-5 Tacoma HOV, and the Columbia river crossing. The office of financial management shall track mega-projects and report the financial status and schedule of these projects at least once a year to the transportation committees of the legislature. The design of mega-projects must be evaluated considering cost, capacity, safety, mobility needs, and how well the design of the facility fits within its urban environment.

      NEW SECTION. Sec. 605. Executive Order number 05-05, archaeological and cultural resources, was issued effective November 10, 2005. Agencies and higher education institutions that issue grants or loans for capital projects shall comply with the requirements set forth in this executive order.

 

MISCELLANEOUS 2009-11 FISCAL BIENNIUM

 

      Sec. 701. RCW 46.68.170 and 2007 c 518 s 701 are each amended to read as follows:

      There is hereby created in the motor vehicle fund the RV account. All moneys hereafter deposited in said account shall be used by the department of transportation for the construction, maintenance, and operation of recreational vehicle sanitary disposal systems at safety rest areas in accordance with the department's highway system plan as prescribed in chapter 47.06 RCW. During the ((2005-2007 and)) 2007-2009 and 2009-2011 fiscal biennia, the legislature may transfer from the RV account to the motor vehicle fund such amounts as reflect the excess fund balance of the RV account.

      Sec. 702. RCW 47.29.170 and 2007 c 518 s 702 are each amended to read as follows:

      Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals. These rules must include the following:

      (1) Provisions that specify unsolicited proposals must meet predetermined criteria;

      (2) Provisions governing procedures for the cessation of negotiations and consideration;

      (3) Provisions outlining that unsolicited proposals are subject to a two-step process that begins with concept proposals and would only advance to the second step, which are fully detailed proposals, if the commission so directed;

      (4) Provisions that require concept proposals to include at least the following information: Proposers' qualifications and experience; description of the proposed project and impact; proposed project financing; and known public benefits and opposition; and

      (5) Provisions that specify the process to be followed if the commission is interested in the concept proposal, which must include provisions:

      (a) Requiring that information regarding the potential project would be published for a period of not less than thirty days, during which time entities could express interest in submitting a proposal;

      (b) Specifying that if letters of interest were received during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and

      (c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest submitted in the appropriate time frame.

      The commission may adopt other rules as necessary to avoid conflicts with existing laws, statutes, or contractual obligations of the state.

      The commission may not accept or consider any unsolicited proposals before July 1, ((2009)) 2011.

      NEW SECTION. Sec. 703. To the extent that any appropriation authorizes expenditures of state funds from the motor vehicle account, special category C account, Tacoma Narrows toll bridge account, transportation 2003 account (nickel account), transportation partnership account, transportation improvement account, Puget Sound capital construction account, multimodal transportation account, or other transportation capital project account in the state treasury for a state transportation program that is specified to be funded with proceeds from the sale of bonds authorized in chapter 47.10 RCW, the legislature declares that any such expenditures made prior to the issue date of the applicable transportation bonds for that state transportation program are intended to be reimbursed from proceeds of those transportation bonds in a maximum amount equal to the amount of such appropriation.

      Sec. 704. RCW 46.16.685 and 2007 c 518 s 704 are each amended to read as follows:

      The license plate technology account is created in the state treasury. All receipts collected under RCW 46.01.140(4)(e)(ii) must be deposited into this account. Expenditures from this account must support current and future license plate technology and systems integration upgrades for both the department and correctional industries. Moneys in the account may be spent only after appropriation. Additionally, the moneys in this account may be used to reimburse the motor vehicle account for any appropriation made to implement the digital license plate system. During the 2007-2009 and 2009-2011 fiscal ((biennium)) biennia, the legislature may transfer from the license plate technology account to the multimodal transportation account such amounts as reflect the excess fund balance of the license plate technology account.

      Sec. 705. RCW 47.01.380 and 2006 c 311 s 26 are each amended to read as follows:

      The department shall not commence construction on any part of the state route number 520 bridge replacement and HOV project until a record of decision has been reached providing reasonable assurance that project impacts will be avoided, minimized, or mitigated as much as practicable to protect against further adverse impacts on neighborhood environmental quality as a result of repairs and improvements made to the state route number 520 bridge and its connecting roadways, and that any such impacts will be addressed through engineering design choices, mitigation measures, or a combination of both. The requirements of this section shall not apply to off-site pontoon construction supporting the state route number 520 bridge replacement and HOV project. The requirements of this section shall not apply during the 2009-2011 fiscal biennium.

      Sec. 706. RCW 47.01.390 and 2007 c 518 s 705 are each amended to read as follows:

      (1) Prior to commencing construction on either project, the department of transportation must complete all of the following requirements for both the Alaskan Way viaduct and Seattle Seawall replacement project, and the state route number 520 bridge replacement and HOV project: (a) In accordance with the national environmental policy act, the department must designate the preferred alternative, prepare a substantial project mitigation plan, and complete a comprehensive cost estimate review using the department's cost estimate validation process, for each project; (b) in accordance with all applicable federal highway administration planning and project management requirements, the department must prepare a project finance plan for each project that clearly identifies secured and anticipated fund sources, cash flow timing requirements, and project staging and phasing plans if applicable; and (c) the department must report these results for each project to the joint transportation committee.

      (2) The requirements of this section shall not apply to (a) utility relocation work, and related activities, on the Alaskan Way viaduct and Seattle Seawall replacement project and (b) off-site pontoon construction supporting the state route number 520 bridge replacement and HOV project.

      (3) The requirements of subsection (1) of this section shall not apply during the 2007-2009 fiscal biennium.

      (4) The requirements of subsection (1) of this section shall not apply during the 2009-2011 fiscal biennium.

      Sec. 707. RCW 47.60.395 and 2007 c 512 s 15 are each amended to read as follows:

      (1) The joint legislative audit and review committee shall assess and report as follows:

      (a) Audit the implementation of the cost allocation methodology evaluated under [section 205,] chapter 518, Laws of 2007, as it exists on July 22, 2007, assessing whether actual costs are allocated consistently with the methodology, whether there are sufficient internal controls to ensure proper allocation, and the adequacy of staff training; and

      (b) Review the assignment of preservation costs and improvement costs for fiscal year 2009 to determine whether:

      (i) The costs are capital costs;

      (ii) The costs meet the statutory requirements for preservation activities and for improvement activities; and

      (iii) Improvement costs are within the scope of legislative appropriations.

      (2) The report on the evaluations in this section is due by January 31, 2010.

      (3) This section expires December 31, 2010.

      (4) The requirements of this section shall not apply during the 2009-2011 fiscal biennium.

      Sec. 708. RCW 88.16.090 and 2008 c 128 s 4 are each amended to read as follows:

      (1) A person may pilot any vessel subject to this chapter on waters covered by this chapter only if licensed to pilot such vessels on such waters under this chapter.

      (2)(a) A person is eligible to be licensed as a pilot or a pilot trainee if the person:

      (i) Is a citizen of the United States;

      (ii) Is over the age of twenty-five years and under the age of seventy years;

      (iii)(A) Holds at the time of application, as a minimum, a United States government license as master of steam or motor vessels of not more than one thousand six hundred gross register tons (three thousand international tonnage convention tons) upon oceans, near coastal waters, or inland waters; or the then most equivalent federal license as determined by the board; any such license to have been held by the applicant for a period of at least two years before application;

      (B) Holds at the time of licensure as a pilot, after successful completion of the board-required training program, a first class United States endorsement without restrictions on the United States government license for the pilotage district in which the pilot applicant desires to be licensed; however, all applicants for a pilot examination scheduled to be given before July 1, 2008, must have the United States pilotage endorsement at the time of application; and

      (C) The board may require that applicants and pilots have federal licenses and endorsements as it deems appropriate; and

      (iv) Successfully completes a board-specified training program.

      (b) In addition to the requirements of (a) of this subsection, a pilot applicant must meet such other qualifications as may be required by the board.


      (c) A person applying for a license under this section shall not have been convicted of an offense involving drugs or the personal consumption of alcohol in the twelve months prior to the date of application. This restriction does not apply to license renewals under this section.

      (3) The board may establish such other training license and pilot license requirements as it deems appropriate.

      (4) Pilot applicants shall be evaluated and may be ranked for entry into a board-specified training program in a manner specified by the board based on their performance on a written examination or examinations established by the board, performance on other evaluation exercises as may be required by the board, and other criteria or qualifications as may be set by the board.

      When the board determines that the demand for pilots requires entry of an applicant into the training program it shall issue a training license to that applicant, but under no circumstances may an applicant be issued a training license more than four years after taking the written entry examination. The training license authorizes the trainee to do such actions as are specified in the training program.

      After the completion of the training program the board shall evaluate the trainee's performance and knowledge. The board, as it deems appropriate, may then issue a pilot license, delay the issuance of the pilot license, deny the issuance of the pilot license, or require further training and evaluation.

      (5) The board may (a) appoint a special independent committee or (b) contract with private or governmental entities knowledgeable and experienced in the development, administration, and grading of licensing examinations or simulator evaluations for marine pilots, or (c) do both. Active, licensed pilots designated by the board may participate in the development, administration, and grading of examinations and other evaluation exercises. If the board does appoint a special examination or evaluation development committee, it is authorized to pay the members of the committee the same compensation and travel expenses as received by members of the board. Any person who willfully gives advance knowledge of information contained on a pilot examination or other evaluation exercise is guilty of a gross misdemeanor.

      (6) This subsection applies to the review of a pilot applicant's written examinations and evaluation exercises to qualify to be placed on a waiting list to become a pilot trainee. Failure to comply with the process set forth in this subsection renders the results of the pilot applicant's written examinations and evaluation exercises final. A pilot applicant may seek board review, administrative review, and judicial review of the results of the written examinations and evaluation exercises in the following manner:

      (a) A pilot applicant who seeks a review of the results of his or her written examinations or evaluation exercises must request from the board-appointed or board-designated examination committee an administrative review of the results of his or her written examinations or evaluation exercises as set forth by board rule.

      (b) The determination of the examination committee's review of a pilot applicant's examination results becomes final after thirty days from the date of service of written notification of the committee's determination unless a full adjudicative hearing before an administrative law judge has been requested by the pilot applicant before the thirty-day period has expired, as set forth by board rule.

      (c) When a full adjudicative hearing has been requested by the pilot applicant, the board shall request the appointment of an administrative law judge under chapter 34.12 RCW who has sufficient experience and familiarity with pilotage matters to be able to conduct a fair and impartial hearing. The hearing shall be governed by chapter 34.05 RCW. The administrative law judge shall issue an initial order.

      (d) The initial order of the administrative law judge is final unless within thirty days of the date of service of the initial order the board or pilot applicant requests review of the initial order under chapter 34.05 RCW.

       (e) The board may appoint a person to review the initial order and to prepare and enter a final order as governed by chapter 34.05 RCW and as set forth by board rule. The person appointed by the board under this subsection (6)(e) is called the board reviewing officer.

      (7) Pilots are licensed under this section for a term of five years from and after the date of the issuance of their respective state licenses. Licenses must thereafter be renewed as a matter of course, unless the board withholds the license for good cause. Each pilot shall pay to the state treasurer an annual license fee in an amount set by the board by rule. Pursuant to RCW 43.135.055, the fees established under this subsection may be increased ((in excess of the fiscal growth factor as provided in RCW 43.135.055)) through the fiscal year ending June 30, ((2009)) 2011. The fees must be deposited in the pilotage account. The board may assess partially active or inactive pilots a reduced fee.

      (8) All pilots and pilot trainees are subject to an annual physical examination by a physician chosen by the board. The physician shall examine the pilot's or pilot trainee's heart, blood pressure, circulatory system, lungs and respiratory system, eyesight, hearing, and such other items as may be prescribed by the board. After consultation with a physician and the United States coast guard, the board shall establish minimum health standards to ensure that pilots and pilot trainees licensed by the state are able to perform their duties. Within ninety days of the date of each annual physical examination, and after review of the physician's report, the board shall make a determination of whether the pilot or pilot trainee is fully able to carry out the duties of a pilot or pilot trainee under this chapter. The board may in its discretion check with the appropriate authority for any convictions of or information regarding offenses by a licensed pilot or pilot trainee involving drugs or the personal consumption of alcohol in the prior twelve months.

      (9) The board may require vessel simulator training for a pilot trainee and shall require vessel simulator training for a licensed pilot subject to RCW 88.16.105. The board shall also require vessel simulator training in the first year of active duty for a new pilot and at least once every five years for all active pilots.

      (10) The board shall prescribe, pursuant to chapter 34.05 RCW, such reporting requirements and review procedures as may be necessary to assure the accuracy and validity of license and service claims. Willful misrepresentation of such required information by a pilot applicant shall result in disqualification of the pilot applicant.

      Sec. 709. RCW 47.12.244 and 2007 c 518 s 707 are each amended to read as follows:

      There is created the "advance right-of-way revolving fund" in the custody of the treasurer, into which the department is authorized to deposit directly and expend without appropriation:

      (1) An initial deposit of ten million dollars from the motor vehicle fund included in the department of transportation's 1991-93 budget;

      (2) All moneys received by the department as rental income from real properties that are not subject to federal aid reimbursement, except moneys received from rental of capital facilities properties as defined in chapter 47.13 RCW; and

      (3) Any federal moneys available for acquisition of right-of-way for future construction under the provisions of section 108 of Title 23, United States Code.

      (((4))) During the ((2007-09)) 2007-2009 and 2009-2011 fiscal ((biennium)) biennia, the legislature may transfer from the advance right-of-way revolving fund to the motor vehicle account amounts as reflect the excess fund balance of the advance right-of-way revolving fund.

      Sec. 710. RCW 70.95.521 and 2007 c 518 s 708 are each amended to read as follows:

      The waste tire removal account is created in the state treasury. All receipts from tire fees imposed under RCW 70.95.510 must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the cleanup of unauthorized waste tire piles and measures that prevent future accumulation of unauthorized waste tire piles. During the 2007-2009 and 2009-2011 fiscal ((biennium)) biennia, the legislature may transfer from the waste tire removal account to the motor vehicle fund such amounts as reflect the excess fund balance of the waste tire removal account.

      Sec. 711. RCW 46.16.725 and 2008 c 72 s 2 are each amended to read as follows:

      (1) The creation of the board does not in any way preclude the authority of the legislature to independently propose and enact special license plate legislation.

      (2) The board must review and either approve or reject special license plate applications submitted by sponsoring organizations.

      (3) Duties of the board include but are not limited to the following:

      (a) Review and approve the annual financial reports submitted by sponsoring organizations with active special license plate series and present those annual financial reports to the senate and house transportation committees;

      (b) Report annually to the senate and house transportation committees on the special license plate applications that were considered by the board;

      (c) Issue approval and rejection notification letters to sponsoring organizations, the department, the chairs of the senate and house of representatives transportation committees, and the legislative sponsors identified in each application. The letters must be issued within seven days of making a determination on the status of an application;

      (d) Review annually the number of plates sold for each special license plate series created after January 1, 2003. The board may submit a recommendation to discontinue a special plate series to the chairs of the senate and house of representatives transportation committees;

      (e) Provide policy guidance and directions to the department concerning the adoption of rules necessary to limit the number of special license plates that an organization or a governmental entity may apply for.

      (4) Except as provided in chapter 72, Laws of 2008, in order to assess the effects and impact of the proliferation of special license plates, the legislature declares a temporary moratorium on the issuance of any additional plates until July 1, ((2009)) 2011. During this period of time, the special license plate review board created in RCW 46.16.705 and the department of licensing are prohibited from accepting, reviewing, processing, or approving any applications. Additionally, no special license plate may be enacted by the legislature during the moratorium, unless the proposed license plate has been approved by the board before February 15, 2005.

      Sec. 712. RCW 46.68.060 and 2007 c 518 s 714 are each amended to read as follows:

      There is hereby created in the state treasury a fund to be known as the highway safety fund to the credit of which shall be deposited all moneys directed by law to be deposited therein. This fund shall be used for carrying out the provisions of law relating to driver licensing, driver improvement, financial responsibility, cost of furnishing abstracts of driving records and maintaining such case records, and to carry out the purposes set forth in RCW 43.59.010. During the ((2005-2007 and)) 2007-2009 and 2009-2011 fiscal biennia, the legislature may transfer from the highway safety fund to the motor vehicle fund and the multimodal transportation account such amounts as reflect the excess fund balance of the highway safety fund.

      Sec. 713. RCW 46.68.220 and 2009 c 8 s 503 are each amended to read as follows:

      The department of licensing services account is created in the motor vehicle fund. All receipts from service fees received under RCW 46.01.140(4)(b) shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for information and service delivery systems for the department, and for reimbursement of county licensing activities. During the 2007-2009 and 2009-2011 fiscal ((biennium)) biennia, the legislature may transfer from the department of licensing services account such amounts as reflect the excess fund balance of the account.

 

MISCELLANEOUS

 

      NEW SECTION. Sec. 801. 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. 802. 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.

 

INDEX                                                                              PAGE #

 

COUNTY ROAD ADMINISTRATION BOARD . . . . . . . .5, 31

DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . . .3

DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

DEPARTMENT OF LICENSING . . . . . . . . . . . . . . . . . . . . . . 10

    TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

DEPARTMENT OF TRANSPORTATION . . . . . . . . . . . . . . .32

    AVIATION--PROGRAM F . . . . . . . . . . . . . . . . . . . . . . . . .14

    CHARGES FROM OTHER AGENCIES--PROGRAM U .23

    ECONOMIC PARTNERSHIPS--PROGRAM K . . . . . . . . 17

    FACILITIES--PROGRAM D--OPERATING . . . . . . . . . . .14

    HIGHWAY MAINTENANCE--PROGRAM M . . . . . . . . .17

    IMPROVEMENTS--PROGRAM I . . . . . . . . . . . . . . . . . . .33

    INFORMATION TECHNOLOGY--PROGRAM C . . . . . . 13

    LOCAL PROGRAMS--PROGRAM Z--CAPITAL . . . . . . 50

    LOCAL PROGRAMS--PROGRAM Z--OPERATING . . . .30

    MARINE--PROGRAM X . . . . . . . . . . . . . . . . . . . . . . . . . . 27

    PRESERVATION--PROGRAM P . . . . . . . . . . . . . . . . . . .40

    PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL . . . . . . . . . . . . . . . . . . . . . . . .33

    PROGRAM DELIVERY MANAGEMENT AND SUPPORT--PROGRAM H . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

    PUBLIC TRANSPORTATION--PROGRAM V . . . . . . . . 24

    RAIL--PROGRAM Y--OPERATING . . . . . . . . . . . . . . . . .30

    RAIL--PROGRAM Y--CAPITAL . . . . . . . . . . . . . . . . . . . .46

    TOLL OPERATIONS AND MAINTENANCE--PROGRAM B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

    TRAFFIC OPERATIONS--PROGRAM Q--CAPITAL . . . 43

    TRAFFIC OPERATIONS--PROGRAM Q--OPERATING 19

    TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

    TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T . . . . . . . . . . . . . . . . . . . . . . . . . . 21

    WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD 7

INFORMATION SYSTEMS PROJECTS . . . . . . . . . . . . . . . . 58

JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE 3

JOINT TRANSPORTATION COMMITTEE . . . . . . . . . . . . . . 5

LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

MARINE EMPLOYEES COMMISSION . . . . . . . . . . . . . . . . .2

OFFICE FINANCIAL MANAGEMENT

    REVISED EMPLOYER HEALTH BENEFIT RATES . . . 57

    REVISED PENSION CONTRIBUTION RATES . . . . . . . 57

OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . . . 2

STATE PARKS AND RECREATION COMMISSION . . . . . . 3

STATE TREASURER

    ADMINISTRATIVE TRANSFERS . . . . . . . . . . . . . . . . . . 55

    BOND RETIREMENT AND INTEREST . . . . . . . . . . .53, 54

    STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . 54

    TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

STATUTORY APPROPRIATIONS . . . . . . . . . . . . . . . . . . . . 56

TRANSPORTATION COMMISSION . . . . . . . . . . . . . . . . . . . 6

TRANSPORTATION IMPROVEMENT BOARD . . . . . . .5, 32

UTILITIES AND TRANSPORTATION COMMISSION . . . . .2

WASHINGTON STATE PATROL . . . . . . . . . . . . . . . . . . . . . 30

    FIELD OPERATIONS BUREAU . . . . . . . . . . . . . . . . . . . . .7

    TECHNICAL SERVICES BUREAU . . . . . . . . . . . . . . . . . . 9

WASHINGTON STATE PATROL--INVESTIGATIVE SERVICES BUREAU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

WASHINGTON TRAFFIC SAFETY COMMISSION . . . . . . 4"

    Correct the title.

and the same are herewith transmitted.


 

BARBARA BAKER, Chief Clerk

 

MOTION

 

      Senator Marr moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5352 and request of the House a conference thereon.

      The President declared the question before the Senate to be motion by Senator Marr that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5352 and request conference thereon.

      The motion by Senator Marr carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5352 and requested of the House a conference thereon by voice vote.

 

APPOINTMENT OF CONFERENCE COMMITTEE

 

      The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 5352 and the House amendment(s) thereto: Senators Senators Haugen, Marr and Swecker.

 

MOTION

 

      On motion of Senator Marr, the appointments to the conference committee were confirmed.

 

MESSAGE FROM THE HOUSE

 

April 9, 2009

 

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5166 with the following amendments:

      On page 10, beginning on line 1, strike all of section 6

      Renumber the remaining section and correct the title.

      On page 4, line 10, after "hunting license," insert "occupational licenses, such as a"

      On page 4, line 12, after "possess" insert ", and suspension of a license by the department of fish and wildlife may also affect the parent's ability to obtain permits, such as special hunting permits, issued by the department"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Regala moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5166.

      Senator Regala spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Regala that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5166.

The motion by Senator Regala carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5166 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5166, as amended by the House.

 

MOTION

 

On motion of Senator Marr, Senators Kohl-Welles, McDermott and Murray were excused.

 

      Senator Stevens spoke in favor of passage of the bill.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5166, 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 Becker, Benton, Berkey, Brandland, Brown, Carrell, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Absent: Senator Delvin

SUBSTITUTE SENATE BILL NO. 5166, 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 advanced to the eighth order of business.

 

MOTION

 

      Senator Shin moved adoption of the following resolution:

 

SENATE RESOLUTION

8655

 

By Senators Shin, Honeyford, King, Kastama, Keiser, Hobbs, Berkey, Swecker, Delvin, Kilmer, Hargrove, Franklin, Rockefeller, Schoesler, Eide, Kauffman, Regala, Murray, Brown, Kline, Oemig, and Marr

      WHEREAS, Pacific Northwest University of Health Sciences was founded in 2005 by visionary community leaders seeking innovative solutions to the growing physician shortage; and

      WHEREAS, Pacific Northwest University of Health Sciences has flourished under the leadership of its president, Dr. Stanley Flemming; and

      WHEREAS, Pacific Northwest University of Health Sciences is the first medical school to be established in the Pacific Northwest in nearly sixty years; and

      WHEREAS, Pacific Northwest University of Health Sciences trains, educates, and encourages scientific research for health professionals who will provide quality care to all communities of the Pacific Northwest, particularly underserved populations; and

      WHEREAS, Pacific Northwest University of Health Sciences welcomed its inaugural class of seventy-five students into its first college, the College of Osteopathic Medicine on August 4, 2008; and

      WHEREAS, Pacific Northwest University of Health Sciences was founded to address critical shortages of health care professionals and places graduates in communities where they train; and

      WHEREAS, Pacific Northwest University of Health Sciences strives to be a world-class medical school staffed by top caliber academic instructors and practicing physicians from both the osteopathic and allopathic professions;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the outstanding accomplishments of the faculty, administration, board, students, and community of Pacific Northwest University of Health Sciences; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the president and members of the board of trustees of Pacific Northwest University of Health Sciences.

      Senators Shin, King, Kauffman, Franklin and Keiser spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8655.

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

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced Representatives of the Pacific Northwest University, Dr. Stan Flemming, University President; Gretchen Eikmier, Vice President for Advancement & Development; Dr. Timothy Morris, Vice President Chief Operating Officer; Karen Hyatt, Chair Board of Trustees and former Representative Bill Fromhold and Marsha Fromhold who were seated in the gallery.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 18, 2009

 

MR. PRESIDENT:

      The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1138 and asks Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate recede from its position on the Senate amendments to Engrossed Substitute House Bill No. 1138.

      Senator Kline spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Kline that the Senate recede from its position on the Senate amendments to Engrossed Substitute House Bill No. 1138.

The motion by Senator Kline carried and the Senate receded from its amendments to Engrossed Substitute House Bill No. 1138 by voice vote.

 

MOTION

 

On motion of Senator Kline, the rules were suspended and Engrossed Substitute House Bill No. 1138 was returned to second reading for the purposes of amendment.

 

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1138, by House Committee on Judiciary (originally sponsored by Representatives Liias, Clibborn, Moeller, Green, Cody, Driscoll, Morrell and Pedersen)

 

      Concerning access to employee restrooms in retail stores.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kline moved that the following striking amendment by Senator Kline and others be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:

      (1) For purposes of this section:

      (a) "Customer" means an individual who is lawfully on the premises of a retail establishment.

      (b) "Eligible medical condition" means:

      (i) Crohn's disease, ulcerative colitis, or any other inflammatory bowel disease;

      (ii) Irritable bowel syndrome;

      (iii) Any condition requiring use of an ostomy device; or

      (iv) Any permanent or temporary medical condition that requires immediate access to a restroom.

      (c) "Employee restroom" means a restroom intended for employees only in a retail facility and not intended for customers.

      (d) "Health care provider" means an advanced registered nurse practitioner licensed under chapter 18.79 RCW, an osteopathic physician or surgeon licensed under chapter 18.57 RCW, an osteopathic physicians assistant licensed under chapter 18.57A RCW, a physician or surgeon licensed under chapter 18.71 RCW, or a physician assistant licensed under chapter 18.71A RCW.

      (e) "Retail establishment" means a place of business open to the general public for the sale of goods or services. Retail establishment does not include any structure such as a filling station, service station, or restaurant of eight hundred square feet or less that has an employee restroom located within that structure.

      (2) A retail establishment that has an employee restroom must allow a customer with an eligible medical condition to use that employee restroom during normal business hours if:

       (a) The customer requesting the use of the employee restroom provides in writing either:

      (i) A signed statement by the customer's health care provider on a form that has been prepared by the department of health under subsection (4) of this section; or

      (ii) An identification card that is issued by a nonprofit organization whose purpose includes serving individuals who suffer from an eligible medical condition; and

      (b) One of the following conditions are met:

      (i) The employee restroom is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer; or

      (ii) Allowing the customer to access the restroom facility does not pose a security risk to the retail establishment or its employees.

      (3) A retail establishment that has an employee restroom must allow a customer to use that employee restroom during normal business hours if:

      (a)(i) Three or more employees of the retail establishment are working at the time the customer requests use of the employee restroom; and

      (ii) The retail establishment does not normally make a restroom available to the public; and

      (b)(i) The employee restroom is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer; or

      (ii) Allowing the customer to access the employee restroom does not pose a security risk to the retail establishment or its employees.

      (4) The department of health shall develop a standard electronic form that may be signed by a health care provider as evidence of the existence of an eligible medical condition as required by subsection (2) of this section. The form shall include a brief description of a customer's rights under this section and shall be made available for a customer or his or her health care provider to access by computer. Nothing in this section requires the department to distribute printed versions of the form.

      (5) Fraudulent use of a form as evidence of the existence of an eligible medical condition is a misdemeanor punishable under RCW 9A.20.010.

       (6) For a first violation of this section, the city or county attorney shall issue a warning letter to the owner or operator of the retail establishment, and to any employee of a retail establishment who denies access to an employee restroom in violation of this section, informing the owner or operator of the establishment and employee of the requirements of this section. A retail establishment or an employee of a retail establishment that violates this section after receiving a warning letter is guilty of a class 2 civil infraction under chapter 7.80 RCW.

      (7) A retail establishment is not required to make any physical changes to an employee restroom under this section and may require that an employee accompany a customer or a customer with an eligible medical condition to the employee restroom.

      (8) A retail establishment or an employee of a retail establishment is not civilly liable for any act or omission in allowing a customer or a customer with an eligible medical condition to use an employee restroom if the act or omission meets all of the following:

      (a) It is not willful or grossly negligent;

      (b) It occurs in an area of the retail establishment that is not accessible to the public; and

      (c) It results in an injury to or death of the customer or the customer with an eligible medical condition or any individual other than an employee accompanying the customer or the customer with an eligible medical condition."

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

 

POINT OF INQUIRY

 

Senator Roach: “Would Senator Hargrove yield to a question? Just again when these striking amendments come across the desks so quickly it’s kind of hard to get everything down. The original bill before the striker would have given a misdemeanor to a store if they in fact did not allow someone to use the restroom. I’m wondering if this still has it in there? Senator, could you yield to this question, someone that has the answer to that?”

 

Senator Hargrove: “No, Senator Roach, the misdemeanor would of have applied to somebody that was fraudulently using one of those ID cards that said that they had the medical condition. It’s still is only a civil infraction for a store if they don’t let somebody under these conditions use a restroom.”

 

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Kline and others to Engrossed Substitute House Bill No. 1138.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "establishment;" strike the remainder of the title and insert "adding a new section to chapter 70.54 RCW; and prescribing penalties."

 

MOTION

 

On motion of Senator Eide, Senators McDermott, Murray and Oemig were excused.

 

MOTION

 

On motion of Senator Marr, Senators Brown, Ranker and Sheldon were excused.

 

MOTION

 

On motion of Senator Carrell, Senator Roach was excused.

 

MOTION

 

      On motion of Senator Eide, the rules were suspended, Engrossed Substitute House Bill No. 1138 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

MOTION

 

On motion of Senator Brandland, Senator Swecker was excused.

 

      Senator Hargrove spoke in favor of passage of the bill.

      Senator Sheldon spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1138 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1138 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 33; Nays, 12; Absent, 0; Excused, 4.

      Voting yea: Senators Berkey, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Oemig, Parlette, Prentice, Pridemore, Ranker, Regala, Rockefeller, Schoesler, Shin and Tom

      Voting nay: Senators Becker, Benton, Brandland, Hewitt, Holmquist, Honeyford, King, Pflug, Roach, Sheldon, Stevens and Zarelli

      Excused: Senators Brown, McDermott, Murray and Swecker

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1138 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 11:54 a.m., on motion of Senator Eide, the Senate was declared to be at recess until 1:30 p.m.

 

AFTERNOON SESSION

 

The Senate was called to order at 1:30 p.m. by President Owen.

 

MOTION

 

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

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


 

MOTION

 

      Senator Hargrove moved that Gubernatorial Appointment No. 9148, Fawn Sharp-Malvini, as a member of the Board of Trustees, Grays Harbor Community College District No. 2, be confirmed.

      Senator Hargrove spoke in favor of the motion.

 

MOTION

 

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

 

MOTION

 

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

 

APPOINTMENT OF FAWN SHARP-MALVINI

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9148, Fawn Sharp-Malvini as a member of the Board of Trustees, Grays Harbor Community College District No. 2.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9148, Fawn Sharp-Malvini as a member of the Board of Trustees, Grays Harbor Community College District No. 2 and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

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

      Absent: Senators Fraser, Jacobsen and Oemig

      Excused: Senators Benton and Brown

Gubernatorial Appointment No. 9148, Fawn Sharp-Malvini, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Grays Harbor Community College District No. 2.

 

MOTION

 

At 1:41 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 1:50 p.m. by President Owen.

 

MOTION

 

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

 

SIGNED BY THE PRESIDENT

 

The President signed:

      SUBSTITUTE HOUSE BILL NO. 1943,

      SECOND SUBSTITUTE HOUSE BILL NO. 1946,

      SECOND SUBSTITUTE HOUSE BILL NO. 1951,

      SUBSTITUTE HOUSE BILL NO. 1957,

      ENGROSSED HOUSE BILL NO. 1967,

      SUBSTITUTE HOUSE BILL NO. 2003,

      HOUSE BILL NO. 2014,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2021,

      HOUSE BILL NO. 2025,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2049,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2072,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2075,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2078,

      SUBSTITUTE HOUSE BILL NO. 2079,

      SECOND SUBSTITUTE HOUSE BILL NO. 2106,

      SECOND SUBSTITUTE HOUSE BILL NO. 2119,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2128,

      HOUSE BILL NO. 2129,

      HOUSE BILL NO. 2146,

      SUBSTITUTE HOUSE BILL NO. 2157,

      SUBSTITUTE HOUSE BILL NO. 2160,

      HOUSE BILL NO. 2199,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2222,

      SUBSTITUTE HOUSE BILL NO. 2223,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2261,

      SUBSTITUTE HOUSE BILL NO. 2287,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2289,

      HOUSE BILL NO. 2313,

 

MESSAGE FROM THE HOUSE

 

April 7, 2009

 

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5252 with the following amendment:

5252-S AMH HS MERE 084

      On page 1, beginning on line 16, after "shall" strike "consult with" and insert "include"

      On page 2, line 9, after "2009." Insert "Any minority position related to the substance of the final model policy shall be presented as an addendum to the policy."

      On page 6, line 25, after "procedures" insert "and monitor their compliance with the procedures"

      On page 6, at the beginning of line 27, strike "seek input from" and insert "consult with"

      On page 6, line 27, after "pharmacists," strike "licensed physicians, or nurses" and insert "and one or more licensed physicians or nurses,"

      On page 7, after line 23, insert the following:

      "NEW SECTION. Sec. 5. The department of health shall annually review the medication practices of five jails that provide for the delivery and administration of medications to inmates in their custody by nonpractitioner jail personnel. The review shall assess whether the jails are in compliance with sections 3 and 4 of this act. To the extent that a jail is found not in compliance, the department shall provide technical assistance to assist the jail in resolving any areas of noncompliance."

      Renumber the remaining section.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Brandland moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5252.

      Senator Brandland spoke in favor of the motion.

 

MOTION

 


On motion of Senator Hobbs, Senator Hatfield was excused.

 

The President declared the question before the Senate to be the motion by Senator Brandland that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5252.

The motion by Senator Brandland carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5252 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5252, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5252, 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 Becker, Benton, Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli

      Absent: Senator Tom

      Excused: Senator Brown

SUBSTITUTE SENATE BILL NO. 5252, 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

 

April 13, 2009

 

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5391 with the following amendment: 5391-S AMH WAYS H3095.1

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds and declares that the practices of body piercing, tattooing, and other forms of body art involve an invasive procedure with the use of needles, sharps, instruments, and jewelry. These practices may be dangerous when improper sterilization techniques are used, presenting a risk of infecting the client with bloodborne pathogens including, but not limited to, HIV, hepatitis B, and hepatitis C. It is in the interests of the public health, safety, and welfare to establish requirements in the commercial practice of these activities in this state.

      NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter and RCW 5.40.050 and 70.54.340 unless the context clearly requires otherwise.

      (1) "Body art" means the practice of invasive cosmetic adornment including the use of branding and scarification. "Body art" also includes the intentional production of scars upon the body. "Body art" does not include any health-related procedures performed by licensed health care practitioners under their scope of practice.

      (2) "Body piercing" means the process of penetrating the skin or mucous membrane to insert an object, including jewelry, for cosmetic purposes. "Body piercing" also includes any scar tissue resulting from or relating to the piercing. "Body piercing" does not include the use of stud and clasp piercing systems to pierce the earlobe in accordance with the manufacturer's directions and applicable United States food and drug administration requirements. "Body piercing" does not include any health-related procedures performed by licensed health care practitioners under their scope of practice, nor does anything in this act authorize a person registered to engage in the business of body piercing to implant or embed foreign objects into the human body or otherwise engage in the practice of medicine.

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

      (4) "Individual license" means a body art, body piercing, or tattoo practitioner license issued under this chapter.

      (5) "Location license" means a license issued under this chapter for a shop or business.

      (6) "Shop or business" means a body art, body piercing, or tattooing shop or business.

      (7) "Tattoo artist" means a person who pierces or punctures the human skin with a needle or other instrument for the purpose of implanting an indelible mark, or pigment, into the skin for a fee.

      (8) "Tattooing" means to pierce or puncture the human skin with a needle or other instrument for the purpose of implanting an indelible mark, or pigment, into the skin.

      NEW SECTION. Sec. 3. In addition to any other duties imposed by law, including RCW 18.235.030 and 18.235.040, the director has the following powers and duties:

      (1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;

      (2) To adopt rules necessary to implement this chapter;

      (3) To prepare and administer or approve the preparation and administration of licensing;

      (4) To establish minimum safety and sanitation standards for practitioners of body art, body piercing, or tattooing as determined by the department of health;

      (5) To maintain the official department record of applicants and licensees;

      (6) To set license expiration dates and renewal periods for all licenses consistent with this chapter;

      (7) To ensure that all informational notices produced and mailed by the department regarding statutory and regulatory changes affecting any particular class of licensees are mailed to each licensee in good standing in the affected class whose mailing address on record with the department has not resulted in mail being returned as undeliverable for any reason; and

       (8) To make information available to the department of revenue to assist in collecting taxes from persons and businesses required to be licensed under this chapter.

      NEW SECTION. Sec. 4. (1) It is unlawful for any person to engage in a practice listed in subsection (2) of this section unless the person has a license in good standing as required by this chapter. A license issued under this chapter is considered to be "in good standing" except when:

      (a) The license has expired or has been canceled and has not been renewed in accordance with section 6 of this act;

      (b) The license has been denied, revoked, or suspended under section 12 or 14 of this act, and has not been reinstated; or

      (c) The license is held by a person who has not fully complied with an order of the director issued under section 12 of this act requiring the licensee to pay restitution or a fine, or to acquire additional training.

      (2) The director may take action under RCW 18.235.150 and 18.235.160 against any person who does any of the following without first obtaining, and maintaining in good standing, the license required by this chapter:

      (a) Engages in the practice of body art, body piercing, or tattooing; or

      (b) Operates a shop or business.

      NEW SECTION. Sec. 5. Upon completion of an application approved by the department and payment of the proper fee, the director shall issue the appropriate location license to any person who completes an application approved by the department, provides certification of insurance, and provides payment of the proper fee.

      NEW SECTION. Sec. 6. (1) The director shall issue the appropriate license to any applicant who meets the requirements as outlined in this chapter. The director has the authority to set appropriate licensing fees for body art, body piercing, and tattooing shops and businesses and body art, body piercing, and tattooing individual practitioners. Licensing fees for individual practitioners must be set in an amount less than licensing fees for shops and businesses.

       (2) Failure to renew a license by its expiration date subjects the holder to a penalty fee and payment of each year's renewal fee, at the current rate.

      (3) A person whose license has not been renewed within one year after its expiration date must have his or her license canceled and must be required to submit an application, pay the license fee, meet current licensing requirements, and pass any applicable examination or examinations, in addition to the other requirements of this chapter, before the license may be reinstated.

      (4) Nothing in this section authorizes a person whose license has expired to engage in a practice prohibited under section 4 of this act until the license is renewed or reinstated.

      (5) Upon request and payment of an additional fee to be established by rule by the director, the director shall issue a duplicate license to an applicant.

      NEW SECTION. Sec. 7. (1) Subject to subsection (2) of this section, licenses issued under this chapter expire as follows:

      (a) A body art, body piercing, or tattooing shop or business location license expires one year from issuance or when the insurance required by section 8(1)(g) of this act expires, whichever occurs first; and

      (b) Body art, body piercing, or tattooing practitioner individual licenses expire one year from issuance.

      (2) The director may provide for expiration dates other than those set forth in subsection (1) of this section for the purpose of establishing staggered renewal periods.

      NEW SECTION. Sec. 8. (1) A body art, body piercing, or tattooing shop or business shall meet the following minimum requirements:

      (a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes;

      (b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the shop or business;

      (c) Any room used wholly or in part as a shop or business may not be used for residential purposes, except that toilet facilities may be used for both residential and business purposes;

       (d) Meet the zoning requirements of the county, city, or town, as appropriate;

      (e) Provide for safe storage and labeling of equipment and substances used in the practices under this chapter;

      (f) Meet all applicable local and state fire codes; and

      (g) Certify that the shop or business is covered by a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.

      (2) The director may by rule determine other requirements that are necessary for safety and sanitation of shops or businesses. The director may consult with the state board of health and the department of labor and industries in establishing minimum shop and business safety requirements.

      (3) Upon receipt of a written complaint that a shop or business has violated any provisions of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter, or at least once every two years for an existing shop or business, the director or the director's designee shall inspect each shop or business. If the director determines that any shop or business is not in compliance with this chapter, the director shall send written notice to the shop or business. A shop or business which fails to correct the conditions to the satisfaction of the director within a reasonable time is, upon due notice, subject to the penalties imposed by the director under RCW 18.235.110. The director may enter any shop or business during business hours for the purpose of inspection. The director may contract with health authorities of local governments to conduct the inspections under this subsection.

      (4) A shop or business shall obtain a certificate of registration from the department of revenue.

      (5) Shop or business location licenses issued by the department must be posted in the shop or business's reception area.

      (6) Body art, body piercing, and tattooing practitioner individual licenses issued by the department must be posted at the licensed person's work station.

      NEW SECTION. Sec. 9. The director shall prepare and provide to all licensed shops or businesses a notice to consumers. At a minimum, the notice must state that body art, body piercing, and tattooing shops or businesses are required to be licensed, that shops or businesses are required to maintain minimum safety and sanitation standards, that customer complaints regarding shops or businesses may be reported to the department, and a telephone number and address where complaints may be made.

      NEW SECTION. Sec. 10. It is a violation of this chapter for any person to engage in the commercial practice of body art, body piercing, or tattooing except in a licensed shop or business with the appropriate individual body art, body piercing, or tattooing license.

      NEW SECTION. Sec. 11. In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any applicant or licensee under this chapter if the licensee or applicant:

      (1) Has been found to have violated any provisions of chapter 19.86 RCW;

      (2) Has engaged in a practice prohibited under section 4 of this act without first obtaining, and maintaining in good standing, the license required by this chapter;

      (3) Has failed to display licenses required in this chapter; or

      (4) Has violated any provision of this chapter or any rule adopted under it.

      NEW SECTION. Sec. 12. If, following a hearing, the director finds that any person or an applicant or licensee has violated any provision of this chapter or any rule adopted under it, the director may impose one or more of the following penalties:

      (1) Denial of a license or renewal;

      (2) Revocation or suspension of a license;

      (3) A fine of not more than five hundred dollars per violation;


      (4) Issuance of a reprimand or letter of censure;

      (5) Placement of the licensee on probation for a fixed period of time;

      (6) Restriction of the licensee's authorized scope of practice;

      (7) Requiring the licensee to make restitution or a refund as determined by the director to any individual injured by the violation; or

      (8) Requiring the licensee to obtain additional training or instruction.

      NEW SECTION. Sec. 13. Any person aggrieved by the refusal of the director to issue any license provided for in this chapter, or to renew the same, or by the revocation or suspension of any license issued under this chapter or by the application of any penalty under section 12 of this act has the right to appeal the decision of the director to the superior court of the county in which the person maintains his or her place of business. The appeal must be filed within thirty days of the director's decision.

      NEW SECTION. Sec. 14. The department shall immediately suspend the license of a person who has been certified under RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license is automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

      NEW SECTION. Sec. 15. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

      NEW SECTION. Sec. 16. 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. 17. This act shall be known and may be cited as the "Washington body art, body piercing, and tattooing act."

      NEW SECTION. Sec. 18. 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.

      Sec. 19. RCW 70.54.340 and 2001 c 194 s 3 are each amended to read as follows:

      The secretary of health shall adopt by rule requirements, in accordance with nationally recognized professional standards, for precautions against the spread of disease, including the sterilization of needles and other instruments, including sharps and jewelry, employed by electrologists, persons engaged in the practice of body art, body piercing, and tattoo artists ((in accordance with nationally recognized professional standards)). The secretary shall consider the ((universal)) standard precautions for infection control, as recommended by the United States centers for disease control, and guidelines for infection control, as recommended by ((the national environmental health association and the alliance of professional tattooists,)) national industry standards in the adoption of these sterilization requirements.

      Sec. 20. RCW 5.40.050 and 2001 c 194 s 5 are each amended to read as follows:

      A breach of a duty imposed by statute, ordinance, or administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence; however, any breach of duty as provided by statute, ordinance, or administrative rule relating to: (1) Electrical fire safety, (2) the use of smoke alarms, (3) sterilization of needles and instruments used by persons engaged in the practice of body art, body piercing, tattooing, or electrology, or other precaution against the spread of disease, as required under RCW 70.54.350, or (4) driving while under the influence of intoxicating liquor or any drug, shall be considered negligence per se.

      Sec. 21. RCW 43.24.150 and 2008 c 119 s 22 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 18.280 RCW, home inspectors;

      (i) Chapter 19.16 RCW, collection agencies;

      (j) Chapter 19.31 RCW, employment agencies;

      (k) Chapter 19.105 RCW, camping resorts;

      (l) Chapter 19.138 RCW, sellers of travel;

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

      (n) Chapter 64.36 RCW, timeshares; and

      (o) Chapter 18.-- RCW (the new chapter created in section 24 of this act).

      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.

      Sec. 22. RCW 18.235.020 and 2008 c 119 s 21 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;

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

      (xx) Home inspectors under chapter 18.280 RCW; and

      (xxi) Body artists, body piercers, and tattoo artists, and body art, body piercing, and tattooing shops and businesses, under chapter 18.-- RCW (the new chapter created in section 24 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.

      NEW SECTION. Sec. 23. The director of licensing and the department of health, beginning on the effective date of this section, may take such steps as are necessary to ensure that this act is implemented July 1, 2010.

      NEW SECTION. Sec. 24. Sections 1 through 18 of this act constitute a new chapter in Title 18 RCW.

      NEW SECTION. Sec. 25. Sections 1 through 21 of this act take effect July 1, 2010."

      Correct the title.

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. 5391.

      Senators Kastama and Keiser spoke in favor of passage of the motion.

 

POINT OF INQUIRY

 

Senator Keiser: “Would the Senator from the Twenty-Fifth District yield to a question? Senator, I’m wondering once this bill becomes law whether you would feel comfortable getting a tattoo yourself?”

 

Senator Kastama: “Mr. President, I really, I guess absent a court order, I won’t answer that.”

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. 5391.

The motion by Senator Kastama carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5391 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5391, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5391, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.

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

      Voting nay: Senators Holmquist and Ranker

      Absent: Senator Tom

      Excused: Senator Brown

SUBSTITUTE SENATE BILL NO. 5391, 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 Marr, Senator Tom was excused.

 

MESSAGE FROM THE HOUSE

 

April 1, 2009

 

MR. PRESIDENT:

      The House has passed SUBSTITUTE SENATE BILL NO. 5718 with the following amendment: 5718-S AMH PSEP H2768.1

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 71.09.020 and 2006 c 303 s 10 are each amended to read as follows:

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

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

      (2) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, federally approved renal dialysis center or facility, or federally approved blood bank.

      (3) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a regulated health profession.

      (4) "Health care services" means those services provided by health professionals licensed pursuant to RCW 18.120.020(4).

      (5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).

      (6) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092. A less restrictive alternative may not include placement in the community protection program as pursuant to RCW 71A.12.230.

      (7) "Likely to engage in predatory acts of sexual violence if not confined in a secure facility" means that the person more probably than not will engage in such acts if released unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.

       (8) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

      (9) "Personality disorder" means an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has onset in adolescence or early adulthood, is stable over time and leads to distress or impairment. Purported evidence of a personality disorder must be supported by testimony of a licensed forensic psychologist or psychiatrist.

      (10) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization; or (c) persons of casual acquaintance with whom no substantial personal relationship exists.

      (((10))) (11) "Prosecuting agency" means the prosecuting attorney of the county where the person was convicted or charged or the attorney general if requested by the prosecuting attorney, as provided in RCW 71.09.030.

      (12) "Recent overt act" means any act ((or)), threat, or combination thereof that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm in the mind of an objective person who knows of the history and mental condition of the person engaging in the act or behaviors.

      (((11))) (13) "Risk potential activity" or "risk potential facility" means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified by the department following the hearings on a potential site required in RCW 71.09.315. For purposes of this chapter, "school bus stops" does not include bus stops established primarily for public transit.

      (((12))) (14) "Secretary" means the secretary of social and health services or the secretary's designee.

       (((13))) (15) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that includes security measures sufficient to protect the community. Such facilities include total confinement facilities, secure community transition facilities, and any residence used as a court-ordered placement under RCW 71.09.096.

      (((14))) (16) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facility established pursuant to RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.

      (((15))) (17) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.

       (((16))) (18) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

      (((17))) (19) "Total confinement facility" means a secure facility that provides supervision and sex offender treatment services in a total confinement setting. Total confinement facilities include the special commitment center and any similar facility designated as a total confinement facility by the secretary.

      Sec. 2. RCW 71.09.025 and 2008 c 213 s 11 are each amended to read as follows:

      (1)(a) When it appears that a person may meet the criteria of a sexually violent predator as defined in RCW 71.09.020 (16), the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county ((where that person was charged)) in which an action under this chapter may be filed pursuant to RCW 71.09.030 and the attorney general, three months prior to:


      (i) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense;

      (ii) The anticipated release from total confinement of a person found to have committed a sexually violent offense as a juvenile;

      (iii) Release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to RCW 10.77.086(4); or

      (iv) Release of a person who has been found not guilty by reason of insanity of a sexually violent offense pursuant to RCW 10.77.020(3).

      (b) The agency shall provide the ((prosecutor)) prosecuting agency with all relevant information including but not limited to the following information:

      (i) A complete copy of the institutional records compiled by the department of corrections relating to the person, and any such out-of- state department of corrections' records, if available;

      (ii) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board relating to the person;

      (iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person;

       (iv) A current record of all prior arrests and convictions, and full police case reports relating to those arrests and convictions; and

      (v) A current mental health evaluation or mental health records review.

      (c) The prosecuting agency has the authority, consistent with RCW 72.09.345(3), to obtain all records relating to the person if the prosecuting agency deems such records are necessary to fulfill its duties under this chapter. The prosecuting agency may only disclose such records in the course of performing its duties pursuant to this chapter, unless otherwise authorized by law.