FIFTY THIRD DAY

 


MORNING SESSION

 

Senate Chamber, Olympia, Thursday, March 4, 2010

 

The Senate was called to order at 9:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator McCaslin.

The Sergeant at Arms Color Guard consisting of Pages Wynter Flournoy and Kennedy Simpson, presented the Colors. Reverend Hunt Priest of Emmanuel Episcopal Church of Mercer Island offered the prayer.

 

MOTION

 

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

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 3, 2010

 

MR. PRESIDENT:

The House has passed: 

SENATE BILL 6209,

SENATE BILL 6279,

SENATE BILL 6330,

SUBSTITUTE SENATE BILL 6341,

SENATE BILL 6453,

SENATE BILL 6487,

SUBSTITUTE SENATE BILL 6510,

SENATE BILL 6555,

SUBSTITUTE SENATE BILL 6558,

SUBSTITUTE SENATE BILL 6577,

SUBSTITUTE SENATE BILL 6816,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 3, 2010

 

MR. PRESIDENT:

The House has passed: 

ENGROSSED SUBSTITUTE HOUSE BILL 3178,

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

MOTION

 

Senator Eide moved adoption of the following resolution:

 

SENATE RESOLUTION
8712

By Senators Brown, Hewitt, Eide, Brandland, Holmquist, Swecker, Carrell, Zarelli, Benton, Murray, Hatfield, Ranker, Gordon, Delvin, Regala, Franklin, Shin, Kohl-Welles, Rockefeller, Kastama, Haugen, Morton, Oemig, Honeyford, Pridemore, Parlette, Becker, King, Roach, and Schoesler

      WHEREAS, The United States Winter Olympic team won more medals than any of its predecessors during the 2010 Vancouver Games; and

      WHEREAS, Athletes from throughout the State of Washington made invaluable and inspirational contributions to their own sports and to the success of the U.S. team as a whole; and

      WHEREAS, Spokane's Will Brandenburg was a standout member of the U.S. Alpine Ski Team, which dominated the Olympics with more medals than any of its predecessors; and

      WHEREAS, Redmond's Holly Brooks inspired her adopted home of Anchorage, Alaska and her more than 100 cross-country skiing students with her improbable and inspirational push to make the Olympic team; and

      WHEREAS, Federal Way's J.R. Celski overcame a devastating injury just a few months ago to win bronze in speed skating; and

      WHEREAS, Cle Elum's Patrick Deneen's Olympic dreams crashed to the ground in the moguls jump finals after attempting a daring jump in the pursuit of victory; and

      WHEREAS, Leavenworth's Torin Koos, participating in his third Olympics, nearly helped bring the U.S. cross-country ski team its first medal since 1976; and

      WHEREAS, Woodinville's Christian Niccum and his teammate Dan Joye finished tops among American Lugers; and

      WHEREAS, Bremerton's Bree Schaaf further proved her versatility as an athlete by placing fifth in the bobsleigh after competing in skeleton in previous Olympiads; and

      WHEREAS, Blaine's Karen Thatcher scored four goals and recorded three assists as the forward led the Women's Hockey Team to a silver medal; and

      WHEREAS, Seattle's Apolo Anton Ohno, claimed three more medals in speed skating to push his career total to eight, making him the most decorated Winter Olympian in U.S. history;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and salute the dedication, desire, and natural ability that it takes to become an Olympic athlete; and

      BE IT FURTHER RESOLVED, That the Washington State Senate applaud Washington's own Olympic athletes for their inspiration and contributions to their state and their country.

      Senators Eide, Parlette and Pflug spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8712.

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

 

MOTION

 

At 9:44 a.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 11:29 a.m. by President Owen.

 

MOTION

 

On motion of Senator Eide, Rule 15 was suspended through March 5 for the purpose of allowing continued floor action.

 

EDITOR’S NOTE:  Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

 

MOTION TO LIMIT DEBATE

 

Senator Eide: “Mr. President, I move that the members of the Senate be allowed to speak but once on each question before the Senate, that such speech be limited to three minutes and that members be prohibited from yielding their time, however, the maker of a motion shall be allowed to open and close debate. This motion shall be in effect through March 5, 2010.”

The President declared the question before the Senate to be the motion by Senator Eide to limit debate.

The motion by Senator Eide carried and debate was limited through March 5, 2010 by voice vote.

 

MOTION

 

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

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1714, by House Committee on Health Care & Wellness (originally sponsored by Representatives Cody, Morrell, Green and Moeller)

 

Concerning health insurance. Revised for 1st Substitute: Concerning association health plans.

 

The measure was read the second time.

 

MOTION

 

Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted:

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The insurance commissioner shall prepare and submit a report to the legislature related to the performance of the small group health plan market and the association health plan market.  To the extent that the data needed to complete the report are not readily available, the commissioner may require carriers to submit aggregated data for the small group health plans and association health plans underwritten or administered by the carrier, for each calendar year 2005 through 2008.  Data submitted shall not identify specific small group plans or association health plans, and the report shall not identify specific small group or association health plans or present data in a manner that allows identification of specific plans.  Carriers who underwrite or administer an association health plan that covers fewer than ten thousand lives in any year reported may, at their own expense, contract with a third party to aggregate and report the information required under this section with that of other carriers who qualify for this option.  The data must be reported separately for the carrier's small group health plan block of business and association health plan block of business, and must include the following information:

      (a) The number of persons residing in Washington state who receive health benefit coverage through each block of business, including the number of persons enrolled in the plans on the first day and last day of each year, the number of persons enrolled in the plans during each year, and the number of persons who terminated enrollment in the plans during each year;

      (b) The calendar year-end enrollment of each block of business, by age group using five-year increments beginning with age twenty and ending with age sixty-five, and the average age of persons covered in each block of business;

      (c) The calendar year-end enrollment of each block of business by employer size for each year, reporting by groups of two to five, six to ten, eleven to twenty-five, twenty-six to fifty, fifty-one to one hundred, and more than one hundred;

      (d) The annual calendar year earned premium and incurred claims for each block of business;

      (e) For the association health plan block of business, the number of association health plans that limit eligibility for health plan coverage to employer groups of a minimum size, or that limit eligibility for health plan coverage to a subset of the industries that the association sponsoring the health plan was established to serve, and the percentage of health plan enrollees for whom each of the following elements is used in setting health plan rates:

      (i) Claims experience;

      (ii) Employer group size; or

      (iii) Health status factors.

      (2) In fulfilling the requirements of subsection (1) of this section the commissioner may adopt rules necessary to implement the data submission administrative process under this section, including the format, timing of data reporting, data standards, instructions, definitions, and data sources.  The commissioner is prohibited from collecting data from carriers if any rules necessary to implement the data submission administrative process have not been adopted.

      (3) The commissioner must allow carriers a minimum of ninety days to submit data once carriers have received instructions.

      (4) For the purposes of this subsection, the terms "association health plan" and "association plan" shall include all member-governed group health plans and multiple employer welfare arrangements and any other arrangement to which two or more public or private employers, of which at least two are small employers, contribute to provide health care for their employees.

      (5) Data, information, and documents provided by a carrier pursuant to this section are exempt from public inspection and copying under RCW 48.02.120 and chapters 42.17 and 42.56 RCW.

      (6) The third-party experts that prepare the analysis and report for the insurance commissioner shall submit the report directly to the appropriate committees of the legislature and the insurance commissioner.  The report shall be submitted to the legislature no later than October 1, 2011.

      (7) This section expires September 30, 2011.

Sec. 2.  RCW 42.56.400 and 2009 c 104 s 23 are each amended to read as follows:

      The following information relating to insurance and financial institutions is exempt from disclosure under this chapter:

      (1) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110;

      (2) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW;

      (3) The names and individual identification data of either all owners or all insureds, or both, received by the insurance commissioner under chapter 48.102 RCW;

      (4) Information provided under RCW 48.30A.045 through 48.30A.060;

      (5) Information provided under RCW 48.05.510 through 48.05.535, 48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 48.46.600 through 48.46.625;

      (6) Examination reports and information obtained by the department of financial institutions from banks under RCW 30.04.075, from savings banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW 31.12.565, from check cashers and sellers under RCW 31.45.030(3), and from securities brokers and investment advisers under RCW 21.20.100, all of which is confidential and privileged information;

      (7) Information provided to the insurance commissioner under RCW 48.110.040(3);

      (8) Documents, materials, or information obtained by the insurance commissioner under RCW 48.02.065, all of which are confidential and privileged;

      (9) Confidential proprietary and trade secret information provided to the commissioner under RCW 48.31C.020 through 48.31C.050 and 48.31C.070;

      (10) Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and 7.70.140 that, alone or in combination with any other data, may reveal the identity of a claimant, health care provider, health care facility, insuring entity, or self-insurer involved in a particular claim or a collection of claims.  For the purposes of this subsection:

      (a) "Claimant" has the same meaning as in RCW 48.140.010(2).

      (b) "Health care facility" has the same meaning as in RCW 48.140.010(6).

      (c) "Health care provider" has the same meaning as in RCW 48.140.010(7).

      (d) "Insuring entity" has the same meaning as in RCW 48.140.010(8).

      (e) "Self-insurer" has the same meaning as in RCW 48.140.010(11);

      (11) Documents, materials, or information obtained by the insurance commissioner under RCW 48.135.060;

      (12) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.060;

      (13) Confidential and privileged documents obtained or produced by the insurance commissioner and identified in RCW 48.37.080;

      (14) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.140;

      (15) Documents, materials, or information obtained by the insurance commissioner under RCW 48.17.595; ((and))

      (16) Documents, materials, or information obtained by the insurance commissioner under RCW 48.102.051(1) and 48.102.140 (3) and (7)(a)(ii); and
      (17) Data, information, and documents provided by a carrier pursuant to section 1 of this act."

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

 

MOTION

 

Senator Keiser moved that the following amendment by Senators Keiser and Parlette to the committee striking amendment be adopted:

0) On page 2, line 37 after "(6)" insert "The commissioner may enter into a personal services contract with a third-party contractor to assist with the analysis of the data described in section (1) without having to comply with the restrictions set forth in 2010 c 3 section 602 and 605."

Renumber the remaining sections accordingly

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Keiser and Parlette on page 2, line 37 to the committee striking amendment to Engrossed Substitute House Bill No. 1714.

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

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health & Long-Term Care as amended to Engrossed Substitute House Bill No. 1714.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "plans;" strike the remainder of the title and insert "amending RCW 42.56.400; creating a new section; and providing an expiration date."

 

MOTION

 

On motion of Senator Keiser, the rules were suspended, Engrossed Substitute House Bill No. 1714 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

MOTION

 

On motion of Senator Brandland, Senator McCaslin was excused.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1714 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1714 as amended by the Senate. and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

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

      Voting nay: Senator Hewitt

      Excused: Senator McCaslin

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1714 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2592, by Representatives Hunt and Hasegawa

 

Prohibiting incentive towing programs for private property impounds.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Haugen, the rules were suspended, House Bill No. 2592 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2592.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2592 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

HOUSE BILL NO. 2592, 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 Brown was excused.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2429, by House Committee on Commerce & Labor (originally sponsored by Representatives Wood, Condotta, Williams, Takko, Eddy, Morrell, O'Brien, Conway and Ormsby)

 

Addressing the resale of motor vehicles previously determined as having nonconformities.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 2429 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Holmquist 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. 2429.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2429 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Brown and McCaslin

SUBSTITUTE HOUSE BILL NO. 2429, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2428, by Representatives Takko, Warnick, Springer, Parker, Eddy, Morrell, Kelley, O'Brien, Bailey and Ormsby

 

Concerning fees for locating surplus funds from county governments, real estate property taxes, assessments, and other government lien foreclosures or charges.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Berkey, the rules were suspended, House Bill No. 2428 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Berkey spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2428.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2428 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Brown and McCaslin

HOUSE BILL NO. 2428, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2424, by House Committee on Public Safety & Emergency Preparedness (originally sponsored by Representatives O'Brien, Pearson, Hurst, Takko, Herrera, Chandler, Ross, Rodne, Dammeier, Condotta, Shea, Klippert, Smith, Walsh, Parker, McCune, Campbell, Johnson, Eddy, Morrell, Kelley, Short, Sullivan, Conway, Kagi, Roach, Kristiansen, Bailey, Haler, Schmick, Ericks, Warnick, Ormsby, Moeller and Hope)

 

Protecting children from sexual exploitation and abuse.

 

The measure was read the second time.

 

MOTION

 

Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted:

0) Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 9.68A.001 and 2007 c 368 s 1 are each amended to read as follows:

      The legislature finds that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance.  The care of children is a sacred trust and should not be abused by those who seek commercial gain or personal gratification based on the exploitation of children.

      The legislature further finds that the protection of children from sexual exploitation can be accomplished without infringing on a constitutionally protected activity.  The definition of "sexually explicit conduct" and other operative definitions demarcate a line between protected and prohibited conduct and should not inhibit legitimate scientific, medical, or educational activities.

      The legislature further finds that children engaged in sexual conduct for financial compensation are frequently the victims of sexual abuse.  Approximately eighty to ninety percent of children engaged in sexual activity for financial compensation have a history of sexual abuse victimization.  It is the intent of the legislature to encourage these children to engage in prevention and intervention services and to hold those who pay to engage in the sexual abuse of children accountable for the trauma they inflict on children.

The legislature further finds that due to the changing nature of technology, offenders are now able to access child pornography in different ways and in increasing quantities.  By amending current statutes governing depictions of a minor engaged in sexually explicit conduct, it is the intent of the legislature to ensure that intentional viewing of and dealing in child pornography over the internet is subject to a criminal penalty without limiting the scope of existing prohibitions on the possession of or dealing in child pornography, including the possession of electronic depictions of a minor engaged in sexually explicit conduct.  It is also the intent of the legislature to clarify, in response to State v. Sutherby, 204 P.3d 916 (2009), the unit of prosecution for the statutes governing possession of and dealing in depictions of a minor engaged in sexually explicit conduct.  It is the intent of the legislature that the first degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per depiction or image unit of prosecution, while the second degree offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070 have a per incident unit of prosecution as established in State v. Sutherby, 204 P.3d 916 (2009).  Furthermore, it is the intent of the legislature to set a different unit of prosecution for the new offense of viewing of depictions of a minor engaged in sexually explicit conduct such that each separate session of intentionally viewing over the internet of visual depictions or images of a minor engaged in sexually explicit conduct constitutes a separate offense.

NEW SECTION.  Sec. 2.  A new section is added to chapter 9.68A RCW to read as follows:

      This chapter does not apply to lawful conduct between spouses.

Sec. 3.  RCW 9.68A.011 and 2002 c 70 s 1 are each amended to read as follows:

      Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

      (1) An "internet session" means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.
      (2) To "photograph" means to make a print, negative, slide, digital image, motion picture, or videotape.  A "photograph" means anything tangible or intangible produced by photographing.

      (((2))) (3) "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.

      (((3))) (4) "Sexually explicit conduct" means actual or simulated:

      (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;

      (b) Penetration of the vagina or rectum by any object;

      (c) Masturbation;

      (d) Sadomasochistic abuse ((for the purpose of sexual stimulation of the viewer));

      (e) ((Exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;
      (f))) Defecation or urination for the purpose of sexual stimulation of the viewer;

(f) Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer.  For the purposes of this subsection (4)(f), it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and

      (g) Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

      (((4))) (5) "Minor" means any person under eighteen years of age.

      (((5))) (6) "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration.

Sec. 4.  RCW 9.68A.050 and 1989 c 32 s 3 are each amended to read as follows:

      ((A person who:))

      (1)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:
      (i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells ((any)) a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.110(4) (a) through (e); or

      (((2))) (ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
      (b) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is ((guilty of)) a class ((C)) B felony punishable under chapter 9A.20 RCW.

(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
      (2)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:
      (i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or
      (ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
      (b) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.
      (c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or more depictions or images of visual or printed matter constitutes a separate offense.

Sec. 5.  RCW 9.68A.060 and 1989 c 32 s 4 are each amended to read as follows:

(1)(a) A person ((who)) commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, ((any)) a visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
      (b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree is ((guilty of)) a class ((C)) B felony punishable under chapter 9A.20 RCW.

(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
      (2)(a) A person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, any visual or printed matter that depicts a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
      (b) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.
      (c) For the purposes of determining the unit of prosecution under this subsection, each incident of sending or bringing into the state one or more depictions or images of visual or printed matter constitutes a separate offense.

Sec. 6.  RCW 9.68A.070 and 2006 c 139 s 3 are each amended to read as follows:

(1)(a) A person ((who)) commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she knowingly possesses a visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
      (b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is ((guilty of)) a class B felony punishable under chapter 9A.20 RCW.

(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
      (2)(a) A person commits the crime of possession of depictions of a minor engaged in sexually explicit conduct in the second degree when he or she knowingly possesses any visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
      (b) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.
      (c) For the purposes of determining the unit of prosecution under this subsection, each incident of possession of one or more depictions or images of visual or printed matter constitutes a separate offense.

NEW SECTION.  Sec. 7.  A new section is added to chapter 9.68A RCW to read as follows:

      (1) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree, a class B felony punishable under chapter 9A.20 RCW.

      (2) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony punishable under chapter 9A.20 RCW.

      (3) For the purposes of determining whether a person intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter, as well as the internet history, search terms, thumbnail images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors engaged in sexually explicit conduct, defendant's access to and control over the electronic device and its contents upon which the visual or printed matter was found, or any other relevant evidence.  The state must prove beyond a reasonable doubt that the viewing was initiated by the user of the computer where the viewing occurred.

      (4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct constitutes a separate offense.

Sec. 8.  RCW 9.68A.110 and 2007 c 368 s 3 are each amended to read as follows:

      (1) In a prosecution under RCW 9.68A.040, it is not a defense that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses.  Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of RCW 9.68A.090 or 9.68A.100.  ((This chapter does not apply to lawful conduct between spouses.))

      (2) In a prosecution under RCW 9.68A.050, 9.68A.060, 9.68A.070, or 9.68A.080, it is not a defense that the defendant did not know the age of the child depicted in the visual or printed matter:  PROVIDED, That it is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not in possession of any facts on the basis of which he or she should reasonably have known that the person depicted was a minor.

      (3) In a prosecution under RCW 9.68A.040, 9.68A.090, 9.68A.101, or 9.68A.102, it is not a defense that the defendant did not know the alleged victim's age:  PROVIDED, That it is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper and did not rely solely on the oral allegations or apparent age of the minor.

      (4) In a prosecution under RCW 9.68A.050, 9.68A.060, ((or)) 9.68A.070, or section 7 of this act, it shall be an affirmative defense that the defendant was a law enforcement officer or a person specifically authorized, in writing, to assist a law enforcement officer and acting at the direction of a law enforcement officer in the process of conducting an official investigation of a sex-related crime against a minor, or that the defendant was providing individual case treatment as a recognized medical facility or as a psychiatrist or psychologist licensed under Title 18 RCW.  Nothing in this act is intended to in any way affect or diminish the immunity afforded an electronic communication service provider, remote computing service provider, or domain name registrar acting in the performance of its reporting or preservation responsibilities under 18 U.S.C. Secs. 2258a, 2258b, or 2258c.

      (5) In a prosecution under RCW 9.68A.050, 9.68A.060, ((or)) 9.68A.070, or section 7 of this act, the state is not required to establish the identity of the alleged victim.

(6) In a prosecution under RCW 9.68A.070 or section 7 of this act, it shall be an affirmative defense that:
      (a) The defendant was employed at or conducting research in partnership or in cooperation with any institution of higher education as defined in RCW 28B.07.020 or 28B.10.016, and:
      (i) He or she was engaged in a research activity;
      (ii) The research activity was specifically approved prior to the possession or viewing activity being conducted in writing by a person, or other such entity vested with the authority to grant such approval by the institution of higher learning; and
      (iii) Viewing or possessing the visual or printed matter is an essential component of the authorized research; or
      (b) The defendant was an employee of the Washington state legislature engaged in research at the request of a member of the legislature and:
      (i) The request for research is made prior to the possession or viewing activity being conducted in writing by a member of the legislature;
      (ii) The research is directly related to a legislative activity; and
      (iii) Viewing or possessing the visual or printed matter is an essential component of the requested research and legislative activity.
      (c) Nothing in this section authorizes otherwise unlawful viewing or possession of visual or printed matter depicting a minor engaged in sexually explicit conduct.

Sec. 9.  RCW 9.94A.515 and 2008 c 108 s 23 and 2008 c 38 s 1 are each reenacted and amended to read as follows:

 

 

TABLE 2

 

 

CRIMES INCLUDED WITHIN

EACH SERIOUSNESS LEVEL

 

XVI

Aggravated Murder 1 (RCW 

        10.95.020)

 

XV

Homicide by abuse (RCW 9A.32.055)

 

 

Malicious explosion 1 (RCW 

        70.74.280(1))

 

 

Murder 1 (RCW 9A.32.030)

 

XIV

Murder 2 (RCW 9A.32.050)

 

 

Trafficking 1 (RCW 9A.40.100(1))

 

XIII

Malicious explosion 2 (RCW 

        70.74.280(2))

 

 

Malicious placement of an explosive 1 

        (RCW 70.74.270(1))

 

XII

Assault 1 (RCW 9A.36.011)

 

 

Assault of a Child 1 (RCW 9A.36.120)

 

 

Malicious placement of an imitation 

        device 1 (RCW 70.74.272(1)(a))

 

 

Rape 1 (RCW 9A.44.040)

 

 

Rape of a Child 1 (RCW 9A.44.073)

 

 

Trafficking 2 (RCW 9A.40.100(2))

 

XI

Manslaughter 1 (RCW 9A.32.060)

 

 

Rape 2 (RCW 9A.44.050)

 

 

Rape of a Child 2 (RCW 9A.44.076)

 

X

Child Molestation 1 (RCW 9A.44.083)

 

 

Criminal Mistreatment 1 (RCW

9A.42.020)

 

 

Indecent Liberties (with forcible 

        compulsion) (RCW 

        9A.44.100(1)(a))

 

 

Kidnapping 1 (RCW 9A.40.020)

 

 

Leading Organized Crime (RCW 

        9A.82.060(1)(a))

 

 

Malicious explosion 3 (RCW 

        70.74.280(3))

 

 

Sexually Violent Predator Escape 

        (RCW 9A.76.115)

 

IX

Abandonment of Dependent Person 1 

        (RCW 9A.42.060)

 

 

Assault of a Child 2 (RCW 9A.36.130)

 

 

Explosive devices prohibited (RCW 

        70.74.180)

 

 

Hit and Run--Death (RCW 

        46.52.020(4)(a))

 

 

Homicide by Watercraft, by being 

        under the influence of intoxicating 

        liquor or any drug (RCW 

        79A.60.050)

 

 

Inciting Criminal Profiteering (RCW 

        9A.82.060(1)(b))

 

 

Malicious placement of an explosive 2 

        (RCW 70.74.270(2))

 

 

Robbery 1 (RCW 9A.56.200)

 

 

Sexual Exploitation (RCW 9.68A.040)

 

 

Vehicular Homicide, by being under 

        the influence of intoxicating liquor 

        or any drug (RCW 46.61.520)

 

VIII

Arson 1 (RCW 9A.48.020)

 

 

Homicide by Watercraft, by the 

        operation of any vessel in a 

        reckless manner (RCW 

        79A.60.050)

 

 

Manslaughter 2 (RCW 9A.32.070)

 

 

Promoting Commercial Sexual Abuse

        of a Minor (RCW 9.68A.101)

 

 

Promoting Prostitution 1 (RCW 

        9A.88.070)

 

 

Theft of Ammonia (RCW 69.55.010)

 

 

Vehicular Homicide, by the operation 

        of any vehicle in a reckless manner

         (RCW 46.61.520)

 

VII

Burglary 1 (RCW 9A.52.020)

 

 

Child Molestation 2 (RCW 9A.44.086)

 

 

Civil Disorder Training (RCW 

        9A.48.120)

 

 

Dealing in depictions of minor engaged

         in sexually explicit conduct 1

        (RCW   9.68A.050(1))

 

 

Drive-by Shooting (RCW 9A.36.045)

 

 

Homicide by Watercraft, by disregard 

        for the safety of others (RCW 

        79A.60.050)

 

 

Indecent Liberties (without forcible 

        compulsion) (RCW 9A.44.100(1) 

        (b) and (c))

 

 

Introducing Contraband 1 (RCW 

        9A.76.140)

 

 

Malicious placement of an explosive 3 

        (RCW 70.74.270(3))

 

 

Negligently Causing Death By Use of a

         Signal Preemption Device (RCW 

        46.37.675)

 

 

Sending, bringing into state depictions

        of minor engaged in sexually

        explicit conduct 1 (RCW

        9.68A.060(1))

 

 

Unlawful Possession of a Firearm in 

        the first degree (RCW 9.41.040(1))

 

 

Use of a Machine Gun in Commission 

        of a Felony (RCW 9.41.225)

 

 

Vehicular Homicide, by disregard for 

        the safety of others (RCW 

        46.61.520)

 

VI

Bail Jumping with Murder 1 (RCW 

        9A.76.170(3)(a))

 

 

Bribery (RCW 9A.68.010)

 

 

Incest 1 (RCW 9A.64.020(1))

 

 

Intimidating a Judge (RCW 9A.72.160)

 

 

Intimidating a Juror/Witness (RCW 

        9A.72.110, 9A.72.130)

 

 

Malicious placement of an imitation 

        device 2 (RCW 70.74.272(1)(b))

 

 

Possession of Depictions of a Minor

        Engaged in Sexually Explicit

        Conduct 1 (RCW 9.68A.070(1))

 

 

Rape of a Child 3 (RCW 9A.44.079)

 

 

Theft of a Firearm (RCW 9A.56.300)

 

 

Unlawful Storage of Ammonia (RCW 

        69.55.020)

 

V

Abandonment of Dependent Person 2 

        (RCW 9A.42.070)

 

 

Advancing money or property for 

        extortionate extension of credit 

        (RCW 9A.82.030)

 

 

Bail Jumping with class A Felony 

        (RCW 9A.76.170(3)(b))

 

 

Child Molestation 3 (RCW 9A.44.089)

 

 

Criminal Mistreatment 2 (RCW 

        9A.42.030)

 

 

Custodial Sexual Misconduct 1 (RCW 

        9A.44.160)

 

 

Dealing in Depictions of Minor
        Engaged in Sexually Explicit
        Conduct 2 (RCW 9.68A.050(2))

 

 

Domestic Violence Court Order 

        Violation (RCW 10.99.040, 

        10.99.050, 26.09.300, 26.10.220, 

        26.26.138, 26.50.110, 26.52.070, 

        or 74.34.145)

 

 

Driving While Under the Influence 

        (RCW 46.61.502(6))

 

 

Extortion 1 (RCW 9A.56.120)

 

 

Extortionate Extension of Credit (RCW

         9A.82.020)

 

 

Extortionate Means to Collect 

        Extensions of Credit (RCW 

        9A.82.040)

 

 

Incest 2 (RCW 9A.64.020(2))

 

 

Kidnapping 2 (RCW 9A.40.030)

 

 

Perjury 1 (RCW 9A.72.020)

 

 

Persistent prison misbehavior (RCW 

        9.94.070)

 

 

Physical Control of a Vehicle While 

        Under the Influence (RCW 

        46.61.504(6))

 

 

Possession of a Stolen Firearm (RCW 

        9A.56.310)

 

 

Rape 3 (RCW 9A.44.060)

 

 

Rendering Criminal Assistance 1 

        (RCW 9A.76.070)

 

 

Sending, Bringing into State Depictions
        of Minor Engaged in Sexually
        Explicit Conduct 2 (RCW
        9.68A.060(2))

 

 

Sexual Misconduct with a Minor 1 

        (RCW 9A.44.093)

 

 

Sexually Violating Human Remains 

        (RCW 9A.44.105)

 

 

Stalking (RCW 9A.46.110)

 

 

Taking Motor Vehicle Without 

        Permission 1 (RCW 9A.56.070)

 

IV

Arson 2 (RCW 9A.48.030)

 

 

Assault 2 (RCW 9A.36.021)

 

 

Assault 3 (of a Peace Officer with a 

        Projectile Stun Gun) (RCW 

        9A.36.031(1)(h))

 

 

Assault by Watercraft (RCW 

        79A.60.060)

 

 

Bribing a Witness/Bribe Received by 

        Witness (RCW 9A.72.090, 

        9A.72.100)

 

 

Cheating 1 (RCW 9.46.1961)

 

 

Commercial Bribery (RCW 9A.68.060)

 

 

Counterfeiting (RCW 9.16.035(4))

 

 

Endangerment with a Controlled 

        Substance (RCW 9A.42.100)

 

 

Escape 1 (RCW 9A.76.110)

 

 

Hit and Run‑-Injury (RCW 

        46.52.020(4)(b))

 

 

Hit and Run with Vessel‑-Injury 

        Accident (RCW 79A.60.200(3))

 

 

Identity Theft 1 (RCW 9.35.020(2))

 

 

Indecent Exposure to Person Under 

        Age Fourteen (subsequent sex 

        offense) (RCW 9A.88.010)

 

 

Influencing Outcome of Sporting Event

         (RCW 9A.82.070)

 

 

Malicious Harassment (RCW 

        9A.36.080)

 

 

Possession of Depictions of a Minor
        Engaged in Sexually Explicit
        Conduct 2 (RCW 9.68.070(2))

 

 

Residential Burglary (RCW 

        9A.52.025)

 

 

Robbery 2 (RCW 9A.56.210)

 

 

Theft of Livestock 1 (RCW 9A.56.080)

 

 

Threats to Bomb (RCW 9.61.160)

 

 

Trafficking in Stolen Property 1 (RCW 

        9A.82.050)

 

 

Unlawful factoring of a credit card or 

        payment card transaction (RCW 

        9A.56.290(4)(b))

 

 

Unlawful transaction of health 

        coverage as a health care service 

        contractor (RCW 48.44.016(3))

 

 

Unlawful transaction of health 

        coverage as a health maintenance 

        organization (RCW 48.46.033(3))

 

 

Unlawful transaction of insurance 

        business (RCW 48.15.023(3))

 

 

Unlicensed practice as an insurance 

        professional (RCW

        48.17.063(((3))) (2))

 

 

Use of Proceeds of Criminal 

        Profiteering (RCW 9A.82.080 (1) 

        and (2))

 

 

Vehicular Assault, by being under the 

        influence of intoxicating liquor or 

        any drug, or by the operation or 

        driving of a vehicle in a reckless 

        manner (RCW 46.61.522)

 

 

Viewing of Depictions of a Minor
        Engaged in Sexually Explicit
        Conduct 1 (section 7(1) of this act)

 

 

Willful Failure to Return from 

        Furlough (RCW 72.66.060)

 

III

Animal Cruelty 1 (Sexual Conduct or 

        Contact) (RCW 16.52.205(3))

 

 

Assault 3 (Except Assault 3 of a Peace 

        Officer With a Projectile Stun 

        Gun) (RCW 9A.36.031 except 

        subsection (1)(h))

 

 

Assault of a Child 3 (RCW 9A.36.140)

 

 

Bail Jumping with class B or C Felony 

        (RCW 9A.76.170(3)(c))

 

 

Burglary 2 (RCW 9A.52.030)

 

 

Commercial Sexual Abuse of a Minor

        (RCW 9.68A.100)

 

 

Communication with a Minor for 

        Immoral Purposes (RCW 

        9.68A.090)

 

 

Criminal Gang Intimidation (RCW 

        9A.46.120)

 

 

Custodial Assault (RCW 9A.36.100)

 

 

Cyberstalking (subsequent conviction 

        or threat of death) (RCW 

        9.61.260(3))

 

 

Escape 2 (RCW 9A.76.120)

 

 

Extortion 2 (RCW 9A.56.130)

 

 

Harassment (RCW 9A.46.020)

 

 

Intimidating a Public Servant (RCW 

        9A.76.180)

 

 

Introducing Contraband 2 (RCW 

        9A.76.150)

 

 

Malicious Injury to Railroad Property 

        (RCW 81.60.070)

 

 

Mortgage Fraud (RCW 19.144.080)

 

 

Negligently Causing Substantial Bodily

         Harm By Use of a Signal 

        Preemption Device (RCW 

        46.37.674)

 

 

Organized Retail Theft 1 (RCW 

        9A.56.350(2))

 

 

Perjury 2 (RCW 9A.72.030)

 

 

Possession of Incendiary Device (RCW

         9.40.120)

 

 

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 

        9.41.190)

 

 

Promoting Prostitution 2 (RCW 

        9A.88.080)

 

 

Retail Theft with  Extenuating

        Circumstances 1  (RCW

        9A.56.360(2))

 

 

Securities Act violation (RCW 

        21.20.400)

 

 

Tampering with a Witness (RCW 

        9A.72.120)

 

 

Telephone Harassment (subsequent 

        conviction or threat of death) 

        (RCW 9.61.230(2))

 

 

Theft of Livestock 2 (RCW 9A.56.083)

 

 

Theft with the Intent to Resell 1 (RCW 

        9A.56.340(2))

 

 

Trafficking in Stolen Property 2 (RCW 

        9A.82.055)

 

 

Unlawful Imprisonment (RCW 

        9A.40.040)

 

 

Unlawful possession of firearm in the 

        second degree (RCW 9.41.040(2))

 

 

Vehicular Assault, by the operation or 

        driving of a vehicle with disregard 

        for the safety of others (RCW 

        46.61.522)

 

 

Willful Failure to Return from Work 

        Release (RCW 72.65.070)

 

II

Computer Trespass 1 (RCW 

        9A.52.110)

 

 

Counterfeiting (RCW 9.16.035(3))

 

 

Escape from Community Custody 

        (RCW 72.09.310)

 

 

Failure to Register as a Sex Offender 

        (second or subsequent offense) 

        (RCW 9A.44.130(11)(a))

 

 

Health Care False Claims (RCW 

        48.80.030)

 

 

Identity Theft 2 (RCW 9.35.020(3))

 

 

Improperly Obtaining Financial 

        Information (RCW 9.35.010)

 

 

Malicious Mischief 1 (RCW 

        9A.48.070)

 

 

Organized Retail Theft 2 (RCW 

        9A.56.350(3))

 

 

Possession of Stolen Property 1 (RCW 

        9A.56.150)

 

 

Possession of a Stolen Vehicle (RCW

        9A.56.068)

 

 

Retail Theft with  Extenuating

        Circumstances 2  (RCW

        9A.56.360(3))

 

 

Theft 1 (RCW 9A.56.030)

 

 

Theft of a Motor Vehicle (RCW

        9A.56.065)

 

 

Theft of Rental, Leased, or Lease-purchased Property (valued at one 

        thousand five hundred dollars or 

        more) (RCW 9A.56.096(5)(a))

 

 

Theft with the Intent to Resell 2 (RCW 

        9A.56.340(3))

 

 

Trafficking in Insurance Claims (RCW 

        48.30A.015)

 

 

Unlawful factoring of a credit card or 

        payment card transaction (RCW 

        9A.56.290(4)(a))

 

 

Unlawful Practice of Law (RCW 

        2.48.180)

 

 

Unlicensed Practice of a Profession or 

        Business (RCW 18.130.190(7))

 

 

Voyeurism (RCW 9A.44.115)

 

I

Attempting to Elude a Pursuing Police 

        Vehicle (RCW 46.61.024)

 

 

False Verification for Welfare (RCW 

        74.08.055)

 

 

Forgery (RCW 9A.60.020)

 

 

Fraudulent Creation or Revocation of a 

        Mental Health Advance Directive 

        (RCW 9A.60.060)

 

 

Malicious Mischief 2 (RCW 

        9A.48.080)

 

 

Mineral Trespass (RCW 78.44.330)

 

 

Possession of Stolen Property 2 (RCW 

        9A.56.160)

 

 

Reckless Burning 1 (RCW 9A.48.040)

 

 

Taking Motor Vehicle Without 

        Permission 2 (RCW 9A.56.075)

 

 

Theft 2 (RCW 9A.56.040)

 

 

Theft of Rental, Leased, or Lease-purchased Property (valued at two 

        hundred fifty dollars or more but 

        less than one thousand five 

        hundred dollars) (RCW 

        9A.56.096(5)(b))

 

 

Transaction of insurance business 

        beyond the scope of licensure 

        (RCW 48.17.063(((4))))

 

 

Unlawful Issuance of Checks or Drafts 

        (RCW 9A.56.060)

 

 

Unlawful Possession of Fictitious 

        Identification (RCW 9A.56.320)

 

 

Unlawful Possession of Instruments of 

        Financial Fraud (RCW 9A.56.320)

 

 

Unlawful Possession of Payment 

        Instruments (RCW 9A.56.320)

 

 

Unlawful Possession of a Personal 

        Identification Device (RCW 

        9A.56.320)

 

 

Unlawful Production of Payment 

        Instruments (RCW 9A.56.320)

 

 

Unlawful Trafficking in Food Stamps 

        (RCW 9.91.142)

 

 

Unlawful Use of Food Stamps (RCW 

        9.91.144)

 

 

Vehicle Prowl 1 (RCW 9A.52.095)"

 

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

 

MOTION

 

Senator Kline moved that the following amendment by Senator Kline to the committee striking amendment be adopted:

0) On page 3, line 31 of the amendment, strike "9.68A.110" and insert "9.68A.011"

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 3, line 31 to the committee striking amendment to Engrossed Substitute House Bill No. 2424.

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

 

PARLIAMENTARY INQUIRY

 

Senator Kline:  “Referring it to amendment number 273?

 

REPLY BY THE PRESIDENT

 

President Owen:  “Amendment number 236. We just adopted 273.”.

 

MOTION

 

Senator Kline moved that the following amendment by Senator Kline and others to the committee striking amendment be adopted:

0) On page 19, after line 27 of the amendment, insert the following:

"Sec. 10.  RCW 9.94A.535 and 2008 c 276 s 303 and 2008 c 233 s 9 are each reenacted and amended to read as follows:

      The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.  Facts supporting aggravated sentences, other than the fact of a prior conviction, shall be determined pursuant to the provisions of RCW 9.94A.537.

      Whenever a sentence outside the standard sentence range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.  A sentence outside the standard sentence range shall be a determinate sentence.

      If the sentencing court finds that an exceptional sentence outside the standard sentence range should be imposed, the sentence is subject to review only as provided for in RCW 9.94A.585(4).

      A departure from the standards in RCW 9.94A.589 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in this section, and may be appealed by the offender or the state as set forth in RCW 9.94A.585 (2) through (6).

      (1) Mitigating Circumstances - Court to Consider

      The court may impose an exceptional sentence below the standard range if it finds that mitigating circumstances are established by a preponderance of the evidence.  The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

      (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

      (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

      (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

      (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

      (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct to the requirements of the law, was significantly impaired.  Voluntary use of drugs or alcohol is excluded.

      (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

      (g) The operation of the multiple offense policy of RCW 9.94A.589 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

      (2) Aggravating Circumstances - Considered and Imposed by the Court

      The trial court may impose an aggravated exceptional sentence without a finding of fact by a jury under the following circumstances:

      (a) The defendant and the state both stipulate that justice is best served by the imposition of an exceptional sentence outside the standard range, and the court finds the exceptional sentence to be consistent with and in furtherance of the interests of justice and the purposes of the sentencing reform act.

      (b) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

      (c) The defendant has committed multiple current offenses and the defendant's high offender score results in some of the current offenses going unpunished.

      (d) The failure to consider the defendant's prior criminal history which was omitted from the offender score calculation pursuant to RCW 9.94A.525 results in a presumptive sentence that is clearly too lenient.

      (3) Aggravating Circumstances - Considered by a Jury -Imposed by the Court

      Except for circumstances listed in subsection (2) of this section, the following circumstances are an exclusive list of factors that can support a sentence above the standard range.  Such facts should be determined by procedures specified in RCW 9.94A.537.

      (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

      (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance.

      (c) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.

      (d) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

      (i) The current offense involved multiple victims or multiple incidents per victim;

      (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

      (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

      (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition:  The presence of ANY of the following may identify a current offense as a major VUCSA:

      (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

      (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

      (iii) The current offense involved the manufacture of controlled substances for use by other parties;

      (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

      (v) The current offense involved a high degree of sophistication or planning, occurred over a lengthy period of time, or involved a broad geographic area of disbursement; or

      (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

      (f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.835.

      (g) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

      (h) The current offense involved domestic violence, as defined in RCW 10.99.020, and one or more of the following was present:

      (i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;

      (ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or

      (iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.

      (i) The offense resulted in the pregnancy of a child victim of rape.

      (j) The defendant knew that the victim of the current offense was a youth who was not residing with a legal custodian and the defendant established or promoted the relationship for the primary purpose of victimization.

      (k) The offense was committed with the intent to obstruct or impair human or animal health care or agricultural or forestry research or commercial production.

      (l) The current offense is trafficking in the first degree or trafficking in the second degree and any victim was a minor at the time of the offense.

      (m) The offense involved a high degree of sophistication or planning.

      (n) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

      (o) The defendant committed a current sex offense, has a history of sex offenses, and is not amenable to treatment.

      (p) The offense involved an invasion of the victim's privacy.

      (q) The defendant demonstrated or displayed an egregious lack of remorse.

      (r) The offense involved a destructive and foreseeable impact on persons other than the victim.

      (s) The defendant committed the offense to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group.

      (t) The defendant committed the current offense shortly after being released from incarceration.

      (u) The current offense is a burglary and the victim of the burglary was present in the building or residence when the crime was committed.

      (v) The offense was committed against a law enforcement officer who was performing his or her official duties at the time of the offense, the offender knew that the victim was a law enforcement officer, and the victim's status as a law enforcement officer is not an element of the offense.

      (w) The defendant committed the offense against a victim who was acting as a good samaritan.

      (x) The defendant committed the offense against a public official or officer of the court in retaliation of the public official's performance of his or her duty to the criminal justice system.

      (y) The victim's injuries substantially exceed the level of bodily harm necessary to satisfy the elements of the offense.  This aggravator is not an exception to RCW 9.94A.530(2).

      (z)(i)(A) The current offense is theft in the first degree, theft in the second degree, possession of stolen property in the first degree, or possession of stolen property in the second degree; (B) the stolen property involved is metal property; and (C) the property damage to the victim caused in the course of the theft of metal property is more than three times the value of the stolen metal property, or the theft of the metal property creates a public hazard.

      (ii) For purposes of this subsection, "metal property" means commercial metal property, private metal property, or nonferrous metal property, as defined in RCW 19.290.010.

      (aa) The defendant committed the offense with the intent to directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage to or for a criminal street gang as defined in RCW 9.94A.030, its reputation, influence, or membership.

(bb) The current offense involved paying to view, over the internet in violation of section 7 of this act, depictions of a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (g)."

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Kline and others on page 19, after line 27 to the committee striking amendment to Engrossed Substitute House Bill No. 2424.

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

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary as amended to Engrossed Substitute House Bill No. 2424.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "abuse;" strike the remainder of the title and insert "amending RCW 9.68A.001, 9.68A.011, 9.68A.050, 9.68A.060, 9.68A.070, and 9.68A.110; reenacting and amending RCW 9.94A.515; adding new sections to chapter 9.68A RCW; and prescribing penalties."

      On page 20, line 1 of the title amendment, after "9.94A.515" insert "and 9.94A.535"

 

MOTION

 

On motion of Senator Kline, the rules were suspended, Engrossed Substitute House Bill No. 2424 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 Engrossed Substitute House Bill No. 2424 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2424 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

      Absent: Senator Delvin

      Excused: Senators Brown and McCaslin

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2424 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 12:05 p.m., on motion of Senator Eide, the Senate was recessed until 1:00 p.m.

 

AFTERNOON SESSION

 

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

 

MOTION

 

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

 

REPORTS OF STANDING COMMITTEES

 

March 3, 2010

SB 6182             Prime Sponsor, Senator Fairley: Concerning residential habilitation centers.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass.  Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Fairley; Hobbs; Keiser; Kline; McDermott; Parlette; Pflug; Regala and Rockefeller.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Carrell; Honeyford and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 3, 2010

SB 6849             Prime Sponsor, Senator Pridemore: Consolidating forecast functions.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6849 be substituted therefor, and the substitute bill do pass.  Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Carrell; Fairley; Hobbs; Honeyford; Keiser; McDermott; Murray; Oemig; Parlette; Pflug; Pridemore and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 3, 2010

SB 6869             Prime Sponsor, Senator Prentice: Suspending the child support pass-through payment.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6869 be substituted therefor, and the substitute bill do pass.  Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Carrell; Fairley; Hobbs; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Parlette; Pridemore; Regala; Rockefeller and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 3, 2010

SB 6871             Prime Sponsor, Senator Hargrove: Supporting judicial branch and criminal justice funding.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6871 be substituted therefor, and the substitute bill do pass.  Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Pridemore; Regala and Rockefeller.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Zarelli; Brandland; Carrell; Honeyford; Parlette; Pflug and Schoesler.

 

Passed to Committee on Rules for second reading.

 

March 3, 2010

SB 6877             Prime Sponsor, Senator Prentice: Concerning newborn screening fees.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass.  Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore; Regala and Rockefeller.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Honeyford and Schoesler.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Zarelli; Brandland; Carrell; Parlette and Pflug.

 

Passed to Committee on Rules for second reading.

 

March 3, 2010

SB 6878             Prime Sponsor, Senator Prentice: Concerning fees for criminal background checks.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 6878 be substituted therefor, and the substitute bill do pass.  Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Fairley; Hobbs; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Pflug; Pridemore; Regala and Rockefeller.

 

MINORITY recommendation:  Do not pass.  Signed by Senator Schoesler.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Carrell and Parlette.

 

Passed to Committee on Rules for second reading.

 

March 3, 2010

SB 6880             Prime Sponsor, Senator Keiser: Concerning professional fees for certain emergency medical service occupations.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass.  Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore; Regala and Rockefeller.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Carrell; Honeyford and Schoesler.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Brandland; Parlette and Pflug.

 

Passed to Committee on Rules for second reading.

 

MOTION

 

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

 

MOTION

 

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

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator McDermott moved that Gubernatorial Appointment No. 9025, Karen Daubert, as a member of the Recreation and Conservation Funding Board, be confirmed.

      Senator McDermott spoke in favor of the motion.

 

MOTION

 

On motion of Senator Marr, Senators Brown, Fairley, Kauffman, Gordon, Haugen, McAuliffe, Oemig and Prentice were excused.

 

MOTION

 

On motion of Senator Brandland, Senators Becker, Delvin, Hewitt, Holmquist, McCaslin, Parlette, Stevens and Zarelli were excused.

 

APPOINTMENT OF KAREN DAUBERT

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9025, Karen Daubert as a member of the Recreation and Conservation Funding Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9025, Karen Daubert as a member of the Recreation and Conservation Funding Board and the appointment was confirmed by the following vote:  Yeas, 38; Nays, 0; Absent, 2; Excused, 9.

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

      Absent: Senators Kline and Pflug

      Excused: Senators Brown, Delvin, Gordon, Haugen, Holmquist, Kauffman, McAuliffe, McCaslin and Oemig

Gubernatorial Appointment No. 9025, Karen Daubert, having received the constitutional majority was declared confirmed as a member of the Recreation and Conservation Funding Board.

 

MOTION

 

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

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Berkey moved that Gubernatorial Appointment No. 9271, Kate Reardon, as a member of the Board of Trustees, Central Washington University, be confirmed.

      Senator Berkey spoke in favor of the motion.

 

APPOINTMENT OF KATE REARDON

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9271, Kate Reardon as a member of the Board of Trustees, Central Washington University.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9271, Kate Reardon as a member of the Board of Trustees, Central Washington University and the appointment was confirmed by the following vote:  Yeas, 39; Nays, 0; Absent, 0; Excused, 10.

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

      Excused: Senators Brown, Delvin, Gordon, Haugen, Holmquist, Kauffman, McAuliffe, McCaslin, Oemig and Pflug

Gubernatorial Appointment No. 9271, Kate Reardon, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Central Washington University.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hewitt moved that Gubernatorial Appointment No. 9182, Harold Cochran, as a member of the Board of Regents, Washington State University, be confirmed.

      Senator Hewitt spoke in favor of the motion.

 

APPOINTMENT OF HAROLD COCHRAN

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9182, Harold Cochran as a member of the Board of Regents, Washington State University.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9182, Harold Cochran as a member of the Board of Regents, Washington State University and the appointment was confirmed by the following vote:  Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

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

      Excused: Senators Brown, Delvin, Gordon, Haugen, Holmquist, Kauffman, McAuliffe, McCaslin and Oemig

Gubernatorial Appointment No. 9182, Harold Cochran, 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. 9171, David Troutt, as a member of the Salmon Recovery Board, be confirmed.

      Senator Fraser spoke in favor of the motion.

 

APPOINTMENT OF DAVID TROUTT

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9171, David Troutt as a member of the Salmon Recovery Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9171, David Troutt as a member of the Salmon Recovery Board and the appointment was confirmed by the following vote:  Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

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

      Excused: Senators Brown, Delvin, Gordon, Haugen, Kauffman, McAuliffe, McCaslin and Oemig

Gubernatorial Appointment No. 9171, David Troutt, having received the constitutional majority was declared confirmed as a member of the Salmon Recovery Board.

 

SECOND READING

 

HOUSE BILL NO. 2575, by Representative Upthegrove

 

Expanding the membership of the capital projects advisory review board.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fairley, the rules were suspended, House Bill No. 2575 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fairley spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2575.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2575 and the bill passed the Senate by the following vote:  Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

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

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

      Excused: Senators Haugen and McCaslin

HOUSE BILL NO. 2575, 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 Carrell, Senator Morton was excused.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2620, by House Committee on Finance (originally sponsored by Representatives Hunter and Moeller)

 

Concerning excise taxation of certain products and services provided or furnished electronically.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2620 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice 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. 2620.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2620 and the bill passed the Senate 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, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators McCaslin and Morton

SUBSTITUTE HOUSE BILL NO. 2620, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2678, by House Committee on Commerce & Labor (originally sponsored by Representatives Quall, Priest, Simpson, Sullivan and Conway)

 

Modifying distributions of funds by the horse racing commission to nonprofit race meets.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 2678 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Holmquist 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. 2678.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2678 and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

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

      Voting nay: Senator Haugen

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 2678, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2775, by House Committee on Local Government & Housing (originally sponsored by Representatives Dammeier, Hasegawa, Hunt, Armstrong, Short, Kristiansen, Springer, Kelley, Morrell, Pearson, Chase and Kretz)

 

Regarding membership on the state building code council.

 

The measure was read the second time.

 

MOTION

 

Senator Fairley moved that the following committee amendment by the Committee on Government Operations & Elections be not adopted:

0) On page 2, beginning on line 36, after "council." strike all material through "void." on line 38 and insert the following:
      "(e) Any member who no longer qualifies for appointment under this section may not vote on council actions, but may participate as an ex officio, nonvoting member until a replacement member is appointed.  A member must notify the council staff and the governor's office within thirty days of the date the member no longer qualifies for appointment under this section.  The governor shall appoint a qualified replacement for the member within sixty days of notice."

 

POINT OF INQUIRY

 

Senator Roach:  “Would Senator Fairley yield to a question? I don’t have the striker in front of me. Does this bill then, it takes it back to the form that we had in the House. How does that relate then to the individual on the building code council that might have taken employment outside of the industry?”

 

Senator Fairley:  “It’s actually the exact same bill that we heard in committee. It’s what came out. It just different form got put in so now we got two things with the same language so we have to take one away and just have the underlying.”

 

Senator Roach: “And so our underlying bill allows…..

 

Senator Fairley: “It’s exactly what you voted on in committee.”

 

The President declared the question before the Senate to be the motion by Senator Fairley to not adopt the committee amendment by the Committee on Government Operations & Elections to Substitute House Bill No. 2775.

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

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 19.27.070 and 1995 c 399 s 8 are each amended to read as follows:

      There is hereby established a state building code council, to be appointed by the governor.

      (1) The state building code council shall consist of fifteen members((,)):
      (a) Two ((of whom shall)) members must be county elected legislative body members or elected executives ((and));
      (b) Two ((of whom shall)) members must be city elected legislative body members or mayors((.));
      (c) One ((of the members shall)) member must be a local government building code enforcement official ((and));
      (d) One ((of the members shall)) member must be a local government fire service official((.  Of the remaining nine members,));
      (e) One member shall represent general construction, specializing in commercial and industrial building construction;

(f) One member shall represent general construction, specializing in residential and multifamily building construction;

(g) One member shall represent the architectural design profession;

(h) One member shall represent the structural engineering profession;

(i) One member shall represent the mechanical engineering profession;

(j) One member shall represent the construction building trades;

(k) One member shall represent manufacturers, installers, or suppliers of building materials and components;

(l) One member ((shall)) must be a person with a physical disability and shall represent the disability community; and

(m) One member shall represent the general public.

(2) At least six of these fifteen members shall reside east of the crest of the Cascade mountains.

(3) The council shall include:  Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership.

(4)(a) Terms of office shall be for three years, or for so long as the member remains qualified for the appointment.

(b) The council shall elect a member to serve as chair of the council for one-year terms of office.          

(c) Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment.

      (d) Any member who is appointed to represent a specific private sector industry must maintain sufficiently similar employment or circumstances throughout the term of office to remain qualified to represent the specified industry.  Retirement or unemployment is not cause for termination.  However, if a councilmember enters into employment outside of the industry he or she has been appointed to represent, then he or she shall be removed from the council.
      (e) Any member who no longer qualifies for appointment under this section may not vote on council actions, but may participate as an ex officio, nonvoting member until a replacement member is appointed.  A member must notify the council staff and the governor's office within thirty days of the date the member no longer qualifies for appointment under this section.  The governor shall appoint a qualified replacement for the member within sixty days of notice.
      (5) Before making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests ((listed)) identified in this ((subsection)) section.  ((Members serving on the council on July 28, 1985, may complete their terms of office.  Any vacancy shall be filled by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted as required by this subsection.
      (2))) (6) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      (((3))) (7) The department of ((community, trade, and economic development)) commerce shall provide administrative and clerical assistance to the building code council."

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to Substitute House Bill No. 2775.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "council;" strike the remainder of the title and insert "and amending RCW 19.27.070."

 

MOTION

 

On motion of Senator Fairley, the rules were suspended, Substitute House Bill No. 2775 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 Fairley, Roach and Holmquist 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. 2775 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2775 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 2775 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1317, by House Committee on Ways & Means (originally sponsored by Representatives Kessler, Rodne, Simpson, O'Brien, Hunt, Hurst, Ormsby, Moeller, Chase, Sullivan and Kelley)

 

Regarding the disclosure of public records containing information used to locate or identify employees of criminal justice agencies.

 

The measure was read the second time.

 

MOTION

 

Senator Swecker moved that the following amendment by Senator Swecker be adopted:

0) On page 2, line 24, after "and ", strike "year", and insert "full date"

      On page 2, line 24, after "birth.", insert the following:

      ” For the purposes of this subsection, news media does not include any person or organization of persons in the custody of a criminal justice agency as defined in RCW 10.97.030."

      Senators Swecker and Fairley spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Swecker on page 2, line 24 to Engrossed Second Substitute House Bill No. 1317.

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

 

MOTION

 

On motion of Senator Fairley, the rules were suspended, Engrossed Second Substitute House Bill No. 1317 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 Fairley spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1317 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1317 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 45; Nays, 1; Absent, 2; Excused, 1.

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

      Voting nay: Senator Oemig

      Absent: Senators Kastama and Rockefeller

      Excused: Senator McCaslin

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1317, as amended by the Senate having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1545, by House Committee on Ways & Means (originally sponsored by Representatives Conway, Seaquist, Bailey, Crouse, Hasegawa, Kenney, Simpson, Morrell and Ormsby)

 

Authorizing the higher education coordinating board to offer higher education annuities and retirement income plans.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1545 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice 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. 1545.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1545 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 1545, 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, Senators Brown, Kastama and Prentice were excused.

 

SECOND READING

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418, by House Committee on Education (originally sponsored by Representatives Kagi, Priest, Sullivan, Walsh, Pettigrew, Roberts, Dickerson, Quall, Seaquist, Sells, Appleton, Hunt, Haler, Pedersen, Orwall, Ormsby, Hasegawa, Conway, Kenney, Maxwell, Santos, Probst, Driscoll, Goodman and Nelson)

 

Establishing a statewide dropout reengagement system.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 1418 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1418.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1418 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, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Kastama, McCaslin and Prentice

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418, 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.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced members of the Honorable Claire Eeles, Consul General of New Zealand in Vancouver, B.C. and Rachael Jacobsen, Honorary Consul to New Zealand in Washington State who were seated in the gallery.

 

SECOND READING

 

HOUSE BILL NO. 1576, by Representatives Clibborn, Liias, Roach and Rodne

 

Determining the amount of motor vehicle fuel tax moneys derived from tax on marine fuel.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Haugen, the rules were suspended, House Bill No. 1576 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 1576.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1576 and the bill passed the Senate 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, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Kastama and McCaslin

HOUSE BILL NO. 1576, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2416, by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris, Chase, Eddy, Van De Wege, Morrell, Upthegrove, Simpson, Kenney, Hudgins and Ormsby)

 

Establishing energy efficiency standards for consumer products.

 

The measure was read the second time.

 

MOTION

 

Senator Rockefeller moved that the following committee striking amendment by the Committee on Environment, Water & Energy be adopted:

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 19.260 RCW to read as follows:

      The department shall monitor television energy efficiency standards proposed in California and Oregon.  After either state adopts proposed standards and the department determines that uniform standards among west coast states would promote consistency and provide market influence in achieving greater energy efficiency, the department shall, by December 1st of the year in which it makes the determination, provide recommendations regarding adoption of television energy efficiency standards to the appropriate committees of the legislature."

 

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

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Environment, Water & Energy to Substitute House Bill No. 2416.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "products;" strike the remainder of the title and insert "and adding a new section to chapter 19.260 RCW."

 

MOTION

 

On motion of Senator Rockefeller, the rules were suspended, Substitute House Bill No. 2416 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 Rockefeller and Marr spoke in favor of passage of the bill.

      Senators Honeyford and Schoesler spoke against passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2416 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2416 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 35; Nays, 13; Absent, 0; Excused, 1.

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

      Voting nay: Senators Becker, Brandland, Carrell, Delvin, Hatfield, Hewitt, Holmquist, Honeyford, King, Morton, Schoesler, Stevens and Swecker

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 2416 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2717, by House Committee on Human Services (originally sponsored by Representatives Shea, Parker, Ross, Haler, Klippert, Taylor, McCune, Short, Kristiansen, Kretz, Crouse, Hinkle, Johnson, Rodne, Bailey, Orcutt, Angel, Fagan, Smith, Condotta, Pearson and Warnick)

 

Restricting outings from state facilities. Revised for 1st Substitute: Restricting leave from state facilities.

 

The measure was read the second time.

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) No person committed to the custody of the department for the determination of competency to stand trial under RCW 10.77.060, the restoration of competency for trial under RCW 10.77.084, 10.77.086, or 10.77.088, or following an acquittal by reason of insanity shall be authorized to leave the facility where the person is confined, except in the following circumstances:

      (a) In accordance with conditional release or furlough authorized by a court;

      (b) For necessary medical or legal proceedings not available in the facility where the person is confined;

      (c) For visits to the bedside of a member of the person's immediate family who is seriously ill; or

      (d) For attendance at the funeral of a member of the person's immediate family.

      (2) Unless ordered otherwise by a court, no leave under subsection (1) of this section shall be authorized unless the person who is the subject of the authorization is escorted by a person approved by the secretary.  During the authorized leave, the person approved by the secretary must be in visual or auditory contact at all times with the person on authorized leave.

      (3) Prior to the authorization of any leave under subsection (1) of this section, the secretary must give notification to any county or city law enforcement agency having jurisdiction in the location of the leave destination.

Sec. 2.  RCW 10.77.010 and 2005 c 504 s 106 are each amended to read as follows:

      As used in this chapter:

      (1) "Admission" means acceptance based on medical necessity, of a person as a patient.

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

      (3) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.

      (4) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.

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

      (6) "Designated mental health professional" has the same meaning as provided in RCW 71.05.020.

      (7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.

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

      (9) "Developmental disability" means the condition as defined in RCW 71A.10.020(3).

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

      (11) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.

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

      (13) "History of one or more violent acts" means violent acts committed during:  (a) The ten-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.

      (14) "Immediate family member" means a spouse, child, stepchild, parent, stepparent, grandparent, sibling, or domestic partner.
      (15) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.

      (((15))) (16) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.

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

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

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

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

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

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

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

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

      (((17))) (18) "Professional person" means:

      (a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;

      (b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW; or

      (c) A social worker with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

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

      (((19))) (20) "Release" means legal termination of the court-ordered commitment under the provisions of this chapter.

      (((20))) (21) "Secretary" means the secretary of the department of social and health services or his or her designee.

      (((21))) (22) "Treatment" means any currently standardized medical or mental health procedure including medication.

      (((22))) (23) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities.  Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others.

      (((23))) (24) "Violent act" means behavior that:  (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person.  As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition.  "Nonfatal injuries" shall be construed to be consistent with the definition of "bodily injury," as defined in RCW 9A.04.110."

      Senator Hargrove spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 2717.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 10.77.010; and adding a new section to chapter 10.77 RCW."

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2717 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. 2717 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2717 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 2717 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2801, by House Committee on Education (originally sponsored by Representatives Liias, Johnson, Pedersen, Hunt, Orwall, Maxwell, Quall, Moeller, Chase, Williams, Nelson and Simpson)

 

Regarding antiharassment strategies in public schools.

 

The measure was read the second time.

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that despite a recognized law prohibiting harassment, intimidation, and bullying of students in public schools and despite widespread adoption of antiharassment policies by school districts, harassment of students continues and has not declined since the law was enacted.  Furthermore, students and parents continue to seek assistance against harassment, and schools need to disseminate more widely their antiharassment policies and procedures.  The legislature intends to expand the tools, information, and strategies that can be used to combat harassment, intimidation, and bullying of students, and increase awareness of the need for respectful learning communities in all public schools.

Sec. 2.  RCW 28A.300.285 and 2007 c 407 s 1 are each amended to read as follows:

      (1) By August 1, ((2003)) 2011, each school district shall adopt or amend if necessary a policy((, within the scope of its authority,)) and procedure that at a minimum incorporates the revised model policy and procedure provided under subsection (4) of this section that prohibits the harassment, intimidation, or bullying of any student.  It is the responsibility of each school district to share this policy with parents or guardians, students, volunteers, and school employees in accordance with rules adopted by the superintendent of public instruction.   Each school district shall designate one person in the district as the primary contact regarding the antiharassment, intimidation, or bullying policy.  The primary contact shall receive copies of all formal and informal complaints, have responsibility for assuring the implementation of the policy and procedure, and serve as the primary contact on the policy and procedures between the school district, the office of the education ombudsman, and the office of the superintendent of public instruction.

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

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

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

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

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

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

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

      (4)(a) By August 1, ((2002)) 2010, the superintendent of public instruction, in consultation with representatives of parents, school personnel, the office of the education ombudsman, the Washington state school directors' association, and other interested parties, shall provide to ((school districts and educational service districts a)) the education committees of the legislature a revised and updated model harassment, intimidation, and bullying prevention policy and procedure.  The superintendent of public instruction shall publish on its web site, with a link to the safety center web page, the revised and updated model harassment, intimidation, and bullying prevention policy and procedure, along with training and instructional materials on the components that ((should)) shall be included in any district policy and procedure.  The superintendent shall adopt rules regarding school districts' communication of the policy and procedure to parents, students, employees, and volunteers.  ((Training materials shall be disseminated in a variety of ways, including workshops and other staff developmental activities, and through the office of the superintendent of public instruction's web site, with a link to the safety center web page.  On the web site:
      (a) The office of the superintendent of public instruction shall post its model policy, recommended training materials, and instructional materials;))

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

      (c) ((Individual school districts shall have direct access to the safety center web site to post a brief summary of their policies, programs, partnerships, vendors, and instructional and training materials, and to provide a link to the school district's web site for further information.)) Each school district shall by August 15, 2011, provide to the superintendent of public instruction a brief summary of its policies, procedures, programs, partnerships, vendors, and instructional and training materials to be posted on the school safety center web site, and shall also provide the superintendent with a link to the school district's web site for further information.  The district's primary contact for bullying and harassment issues shall annually by August 15th verify posted information and links and notify the school safety center of any updates or changes.

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

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

NEW SECTION.  Sec. 3.  A new section is added to chapter 43.06B RCW to read as follows:

      In addition to duties assigned under RCW 43.06B.020, the office of the education ombudsman shall serve as the lead agency to provide resources and tools to parents and families about public school antiharassment policies and strategies."

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

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 2801.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 28A.300.285; adding a new section to chapter 43.06B RCW; and creating a new section."

 

MOTION

 

On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 2801 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, King and Hewitt 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. 2801 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2801 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 2801, as amended by the Senate having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4220, by House Committee on Public Safety & Emergency Preparedness (originally sponsored by Representatives Hope, Kelley, Green, Conway, Parker, Hurst, Campbell, Wallace, Orcutt, Simpson, Ericks, Ericksen, Van De Wege, Morrell, Takko, Appleton, Maxwell, Orwall, Pearson, Kirby, Sells, Kenney, Johnson, Dammeier, Roberts and McCune)

 

Amending the state Constitution so that the provision relating to bailable crimes by sufficient sureties is modified.

 

The measure was read the second time.

 

MOTION

 

Senator Kline moved that the following committee amendment by the Committee on Judiciary be not adopted:

0) Beginning on page 1, after line 2, strike all material through "act." on page 2, line 1, and insert the following:
      "THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article I, section 20 of the Constitution of the state of Washington to read as follows:
      Article I, section 20.  All persons charged with crime shall be bailable by sufficient sureties, except ((for capital offenses)) when a person is charged with an offense involving the intentional death of another, the intentional infliction of great bodily harm on another, a choate sex offense for which the maximum sentence is the possibility of life in prison, or an offense that may result in a mandatory life sentence without the possibility of release upon conviction, or an attempt to accomplish these offenses when the proof is evident, or the presumption great, subject to such standards of release on bail as shall be determined by the legislature.
      BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.
      BE IT FURTHER RESOLVED, That this act shall be known as the Lakewood law enforcement memorial act."

The President declared the question before the Senate to be the motion by Senator Kline to not adopt the committee amendment by the Committee on Judiciary to Engrossed Substitute House Joint Resolution No. 4220.

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

 

MOTION

 

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

0) Beginning on page 1, line 2, strike everything after "ASSEMBLED:" and insert the following:

      "THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article I, section 20 of the Constitution of the state of Washington to read as follows:
      Article I, section 20.  All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great.  Bail may be denied for offenses punishable by the possibility of life in prison upon a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons, subject to such limitations as shall be determined by the legislature.
      BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state."

      Senator Kline spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Kline and others on page 1, line 2 to Engrossed Substitute House Joint Resolution No. 4220.

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

 

MOTION

 

On motion of Senator Kline, the rules were suspended, Engrossed Substitute House Joint Resolution No. 4220 as amended by the Senate was advanced to third reading, the second reading considered the third and the resolution was placed on final passage.

      Senators Kline, Carrell, Hargrove, Roach, Gordon and Becker 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 Joint Resolution No. 4220 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Joint Resolution No. 4220 as amended by the Senate and the resolution passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

ENGROSSED SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4220 as amended by the Senate, having received the constitutional majority, was declared passed.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2496, by House Committee on State Government & Tribal Affairs (originally sponsored by Representatives White, Orwall, Chase, Dickerson, Carlyle, Upthegrove, Springer, Nelson, Simpson, Miloscia, Dunshee and Hunt)

 

Modifying ballot design provisions.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fairley, the rules were suspended, Engrossed Substitute House Bill No. 2496 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fairley spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2496.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2496 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2496, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 1679, by House Committee on Ways & Means (originally sponsored by Representatives Simpson, Van De Wege, Ericks, Williams, White, Kelley, Sells, Ross, Hope and Conway)

 

Providing access to catastrophic disability medical insurance under plan 2 of the law enforcement officers' and firefighters' retirement system. Revised for 1st Substitute: Reimbursing medical expenses for certain totally disabled public safety personnel.

 

The measure was read the second time.

 

MOTION

 

Senator Prentice moved that the following committee amendment by the Committee on Ways & Means be adopted:

0) On page 5, on line 17, after "(medical insurance).", insert "A member who is entitled to medicare must enroll and maintain enrollment in both medicare part A and medicare part B in order to remain eligible for the reimbursement provided in this subsection."

      Senator Prentice spoke in favor of adoption of the committee amendment.

 

The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Ways & Means to Substitute House Bill No. 1679.

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

 

MOTION

 

On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1679 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 Prentice 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. 1679 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1679 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

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

      Absent: Senators Carrell and Kline

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 1679 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Delvin, Senator Carrell was excused.

 

MOTION

 

On motion of Senator McDermott, Senator Kline was excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Ranker moved that Gubernatorial Appointment No. 9238, Harriet Spanel, as a member of the Recreation and Conservation Funding Board, be confirmed.

      Senator Ranker spoke in favor of the motion.

 

APPOINTMENT OF HARRIET SPANEL

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9238, Harriet Spanel as a member of the Recreation and Conservation Funding Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9238, Harriet Spanel as a member of the Recreation and Conservation Funding Board and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

Gubernatorial Appointment No. 9238, Harriet Spanel, having received the constitutional majority was declared confirmed as a member of the Recreation and Conservation Funding Board.

INTRODUCTION OF SPECIAL GUEST

 

The President introduced the Honorable Harriet Spanel, who was seated at the rostrum.

 

PERSONAL PRIVILEGE

 

Senator Brown:  “Well, it really is a pleasure to welcome our former colleague back to the chamber and Senator Spanel we could use you on a few of these revenue votes that are coming up. So, if you’d like to stick around for the weekend that would be just great. On a more serious note I want to say that I always appreciated about Senator Spanel, not only the way that she was a very balanced and controlled member of our caucus and caucus chair. The other thing that many people did not realize is how carefully she attended to the details of the bill. She was actually sitting at her desk reading through things. Reading through striking amendments. There were countless number of times when she would say ‘Oh, by the way, did you see this or did you see that’ and it added a real measure of accuracy to our endeavors. A few of you might recall a little snafu we had earlier in the session. I don’t think that would of happened with Senator Spanel sitting there. I think she would of caught it and so, Harriet it’s a pleasure to have you here today.”

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Gordon moved that Gubernatorial Appointment No. 9017, William Chapman, as a member of the Recreation and Conservation Funding Board, be confirmed.

      Senator Gordon spoke in favor of the motion.

 

APPOINTMENT OF WILLIAM CHAPMAN

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9017, William Chapman as a member of the Recreation and Conservation Funding Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9017, William Chapman as a member of the Recreation and Conservation Funding Board and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

Gubernatorial Appointment No. 9017, William Chapman, having received the constitutional majority was declared confirmed as a member of the Recreation and Conservation Funding Board.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2503, by House Committee on Agriculture & Natural Resources (originally sponsored by Representative Blake)

 

Regarding membership on the board of natural resources.

 

The measure was read the second time.

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.30.205 and 2003 c 334 s 104 are each amended to read as follows:

(1) The board shall consist of six members:

(a) The governor or the governor's designee((,));
      (b) The superintendent of public instruction((,));
      (c) The commissioner ((of public lands, the dean of the college of forest resources of the University of Washington, the dean of the college of agriculture of Washington State University,));
      (d) The director of the University of Washington school of forest resources;
      (e) The dean of the Washington State University college of agricultural, human, and natural resource sciences; and

(f) A representative of those counties that contain state forest lands acquired or transferred under RCW 79.22.010, 79.22.040, and 79.22.020.

(2)(a) The county representative on the board shall be selected by the legislative authorities of those counties that contain state forest lands acquired or transferred under RCW 79.22.010, 79.22.040, and 79.22.020.  In the selection of the county representative, each participating county shall have one vote.  The Washington state association of counties shall ((conduct)) convene a meeting for the purpose of making the selection and shall notify the board of the selection.

(b) The county representative ((shall)) must be a duly elected member of a county legislative authority who shall serve a term of four years unless the representative should leave office for any reason.  The initial term shall begin on July 1, 1986."

      Senators Jacobsen and Morton spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Natural Resources, Ocean & Recreation to Substitute House Bill No. 2503.

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "members;" strike the remainder of the title and insert "and amending RCW 43.30.205."

 

MOTION

 

On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 2503 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 Jacobsen 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. 2503 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2503 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 2503 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 3124, by House Committee on Early Learning & Children's Services (originally sponsored by Representatives Roberts, Kagi, Simpson and Kenney)

 

Requiring a report to child protective services when a child is present in the vehicle of a person arrested for driving or being in control of a vehicle while under the influence of alcohol or drugs.

 

The measure was read the second time.

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

      A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, or legal custodian and that person is being arrested for a drug or alcohol-related driving offense.  This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to  RCW 13.34.050 or 26.44.050.  For purposes of this section, "child" means any person under ten years of age.

NEW SECTION.  Sec. 2.  A new section is added to chapter 26.44 RCW to read as follows:

      A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, or legal custodian and that person is being arrested for a drug or alcohol-related driving offense.  This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050.  For purposes of this section, "child" means any person under ten years of age."

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

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 3124.

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

 

MOTION

 

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

      On page 1, line 4 of the title, after "drugs;" strike the remainder of the title and insert "adding a new section to chapter 46.61 RCW; and adding a new section to chapter 26.44 RCW."

 

MOTION

 

On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 3124 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. 3124 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 3124 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

      Absent: Senator Jacobsen

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 3124 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2621, by Representatives Orwall, Maxwell, Darneille, Morrell and Haigh

 

Designating resource programs for science, technology, engineering, and mathematics instruction in K-12 schools.

 

The measure was read the second time.

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature has made a commitment to support multiple strategies to improve teaching and learning of science, technology, engineering, and mathematics in Washington's public schools.  In recent years, Washington has adopted new technology, mathematics, and science learning standards; initiated funding for middle schools to provide a career and technical program in science, technology, engineering, and mathematics at the same rate as a high school operating a similar program; provided professional development for mathematics and science teachers; created a scholarship program to encourage students to enter mathematics and science degree programs; supported career and technical education in high-demand fields; and authorized alternative ways for teachers to earn certification in the mathematics and science fields.

      (2) At the local level, school districts and their communities are also finding new ways to improve teaching and learning of science, technology, engineering, and mathematics.  Some districts have combined several best practices into promising learning models for students.  For example, Aviation high school in the Highline school district offers a small, highly personalized learning community that is focused on interdisciplinary immersion in science, technology, engineering, and mathematics using a hands-on, project-based curriculum.  Delta high school in the Tri-Cities is a collaboration among three school districts, a skill center, two institutions of higher education, a community foundation, and local business leaders.  The science and math institute at Point Defiance in Tacoma offers students field-based applied learning using the natural, historical, and community resources of a large metropolitan park.  These schools draw students from across regions who are seeking an exciting, rigorous, and nontraditional learning experience.  Other schools and communities across the state are seeking to replicate these innovative learning models.

      (3) The legislature intends to support continued expansion of the type of innovation and creativity displayed by Aviation, Delta, and the science and math institute by designating so-called "lighthouse" high schools to serve as resources and examples of best practices in science, technology, engineering, and mathematics instruction.

NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.630 RCW to read as follows:

      (1) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate up to three middle schools and up to three high schools to serve as resources and examples of how to combine the following best practices:

      (a) A small, highly personalized learning community;

      (b) An interdisciplinary curriculum with a strong focus on science, technology, engineering, and mathematics delivered through a project-based instructional approach; and

      (c) Active partnerships with businesses and the local community to connect learning beyond the classroom.

      (2) The designated middle and high schools shall serve as lighthouse programs and provide technical assistance and advice to other middle and high schools and communities in the initial stages of creating an alternative learning environment focused on science, technology, engineering, and mathematics.  The designated middle and high schools must have proven experience and be recognized as model programs.

      (3) In addition, the office of the superintendent of public instruction shall work with the designated middle and high schools to publicize the models of best practices in science, technology, engineering, and mathematics instruction used by the designated middle and high schools and shall encourage other middle and high schools and communities to work with the designated middle and high schools to replicate similar models."

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning & K-12 Education to House Bill No. 2621.

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

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

 

MOTION

 

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

      On page 1, line 2 of the title, after "schools;" strike the remainder of the title and insert "adding a new section to chapter 28A.630 RCW; and creating a new section."

 

MOTION

 

On motion of Senator McAuliffe, the rules were suspended, House Bill No. 2621 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

The President declared the question before the Senate to be the final passage of House Bill No. 2621 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2621 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

      Absent: Senator Jacobsen

      Excused: Senator McCaslin

HOUSE BILL NO. 2621 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2684, by House Committee on Higher Education (originally sponsored by Representatives Kenney, Sullivan, Liias, Hasegawa, Simpson, Nelson, Goodman and Chase)

 

Establishing opportunity centers at community colleges.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Kilmer, the rules were suspended, Substitute House Bill No. 2684 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kilmer spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Hatfield, Senator Jacobsen was excused.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2684.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2684 and the bill passed the Senate by the following vote:  Yeas, 30; Nays, 17; Absent, 0; Excused, 2.

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

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

      Excused: Senators Jacobsen and McCaslin

SUBSTITUTE HOUSE BILL NO. 2684, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 3145, by House Committee on Commerce & Labor (originally sponsored by Representatives McCoy, Roberts, Simpson, Goodman, Kenney, Conway and Ormsby)

 

Improving administration of wage complaints.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 3145 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

MOTION

 

On motion of Senator Hatfield, Senator McAuliffe was excused.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 3145.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 3145 and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

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

      Voting nay: Senators Benton and Carrell

      Excused: Senators Jacobsen, McAuliffe and McCaslin

SUBSTITUTE HOUSE BILL NO. 3145, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SECOND SUBSTITUTE HOUSE BILL NO. 1761, by House Committee on State Government & Tribal Affairs (originally sponsored by Representatives Hasegawa, Appleton and Hurst)

 

Addressing the ethical use of legislative web sites.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator McDermott, the rules were suspended, Second Substitute House Bill No. 1761 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator McDermott spoke in favor of passage of the bill.

 

POINT OF INQUIRY

 

Senator Roach:  “Would Senator McDermott yield to a question? Senator, on the second bullet of our presentation before us, it says that the official legislative website of legislators seeking re-election must not be altered between June 30th and November 15th. Would that then mean that you couldn’t take something off of your website? We understand you probably couldn’t put something in it but can you take something in error out of it?”

 

Senator McDermott:  “I’d have to check to be sure Senator. I honestly don’t know.”

 

MOTION

 

On motion of Senator Eide, further consideration of Second Substitute House Bill No. 1761 was deferred and the bill held its place on the third reading calendar.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2422, by House Committee on Public Safety & Emergency Preparedness (originally sponsored by Representatives Parker, Hurst, Driscoll, Kelley, Dammeier, Schmick and Ormsby)

 

Changing escape or disappearance notification requirements. Revised for 1st Substitute: Changing escape or disappearance notice requirements.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 2422 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala and Schoesler 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. 2422.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2422 and the bill passed the Senate 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, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Jacobsen and McCaslin

SUBSTITUTE HOUSE BILL NO. 2422, 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, pursuant to Rule 46, the Committee on Ways & Means was granted special leave to meet during the day’s session.

 

MOTION

 

At 4:18 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

EVENING SESSION

 

The Senate was called to order at 7:00 p.m. by President Owen.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752, by House Committee on Early Learning & Children's Services (originally sponsored by Representatives Dickerson, Orwall, Walsh, Goodman, Kagi, Roberts, Pedersen, Green, Santos and Nelson)

 

Modifying provisions relating to providing shelter to a minor.

 

The measure was read the second time.

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that youth services provide safety to youth on the streets and are a critical pathway to ensuring the youth's return home.  Runaway youth are without protection, live under the threat of violence, and fall victim to predators who exploit their vulnerability.  The policy of this state is to provide assistance to youth in crisis and to protect and preserve families.  In order to effectively serve youth on the streets and promote their safe return home, shelters must have the time to establish and maintain an environment that facilitates open communication and trust.

      The legislature also finds that parents of runaway youth have an interest in knowing their sons and daughters are safe in a shelter, rather than on the streets without protection.  The legislature further finds that law enforcement and the department can notify a parent that the youth is safe, without disclosing the youth's location or compromising the ability of youth services providers to effectively assist youth in crisis.

Sec. 2.  RCW 13.32A.082 and 2000 c 123 s 10 are each amended to read as follows:

      (1)(a) Except as provided in (b) of this subsection, any person, including unlicensed youth shelters or runaway and homeless youth programs, who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home without the permission of the parent, or other lawfully prescribed residence, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department.  ((The report))

(b)(i) If a licensed overnight youth shelter, or another licensed organization whose stated mission is to provide services to homeless or runaway youth and their families, provides shelter to a minor and knows at the time of providing the shelter that the minor is away from a lawfully prescribed residence or home without parental permission, it shall contact the youth's parent, preferably within twenty-four hours but within no more than seventy-two hours following the time that the youth is admitted to the shelter or other licensed organization's program.  The notification must include the whereabouts of the youth, a description of the youth's physical and emotional condition, and the circumstances surrounding the youth's contact with the shelter or organization.  If there are compelling reasons not to notify the parent, the shelter or organization shall instead notify the department.
      (ii) At least once every eight hours after learning that a youth receiving services or shelter under this section is away from home without permission, the shelter or organization staff must consult the information that the Washington state patrol makes publicly available under RCW 43.43.510(2).  If the youth is publicly listed as missing, the shelter or organization shall immediately notify the department of its contact with the youth listed as missing.  The notification must include a description of the youth's physical and emotional condition and the circumstances surrounding the youth's contact with the shelter or organization.
      (c) Reports required under this section may be made by telephone or any other reasonable means.

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

      (a) "Shelter" means the person's home or any structure over which the person has any control.

      (b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.

(c) "Compelling reasons" include, but are not limited to, circumstances that indicate that notifying the parent or legal guardian will subject the child to abuse or neglect as defined in chapter 26.44 RCW.

      (3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.

(4) Nothing in this section prohibits any person from immediately reporting the identity and location of any minor who is away from a lawfully prescribed residence or home without parental permission more promptly than required under this section.
      (5) This section expires on July 1, 2012.

NEW SECTION.  Sec. 3.  A new section is added to chapter 13.32A RCW to read as follows:

      A private right of action or claim on the part of a parent is created against an unlicensed youth shelter or unlicensed runaway and homeless youth program who fails to meet the notification requirements in RCW 13.32A.082(1)(a).

Sec. 4.  RCW 43.43.510 and 1998 c 67 s 2 are each amended to read as follows:

(1) As soon as is practical and feasible there shall be established, by means of data processing, files listing stolen and wanted vehicles, outstanding warrants, identifying children whose parents, custodians, or legal guardians have reported as having run away from home or the custodial residence, identifiable stolen property, files maintaining the central registry of sex offenders required to register under chapter 9A.44 RCW, and such other files as may be of general assistance to law enforcement agencies.

(2)(a) At the request of a parent, legal custodian, or guardian who has reported a child as having run away from home or the custodial residence, the Washington state patrol shall make the information about the runaway child as is filed in subsection (1) of this section publicly available.
      (b) The information that can be made publicly available under (a) of this subsection is limited to the information that will facilitate the safe return of the child to his or her home or custodial residence and so long as making the information publicly available incurs no additional costs."

      Senators Hargrove, Carrell, Murray and Stevens spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Engrossed Substitute House Bill No. 2752.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 13.32A.082 and 43.43.510; adding a new section to chapter 13.32A RCW; creating a new section; and providing an expiration date."

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute House Bill No. 2752 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kohl-Welles spoke in favor of passage of the bill.

 

MOTION

 

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

 

MOTION

 

On motion of Senator Brandland, Senator Pflug was excused.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2752 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2752 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

      Excused: Senators Brown, Fraser, McCaslin and Oemig

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2823, by Representatives Kristiansen, Armstrong, Blake and Kelley

 

Permitting retired participants to resume volunteer firefighter, emergency worker, or reserve officer service.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Prentice, the rules were suspended, House Bill No. 2823 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2823.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2823 and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

      Absent: Senator Hargrove

      Excused: Senators Brown, Fraser, McCaslin and Oemig

HOUSE BILL NO. 2823, 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:

SENATE BILL 6209,

SENATE BILL 6279,

SENATE BILL 6330,

SUBSTITUTE SENATE BILL 6341,

SENATE BILL 6453,

SENATE BILL 6487,

SUBSTITUTE SENATE BILL 6510,

SENATE BILL 6555,

SUBSTITUTE SENATE BILL 6558,

SUBSTITUTE SENATE BILL 6577,

SUBSTITUTE SENATE BILL 6816.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2564, by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Nelson, Chase and Kirby)

 

Regarding escrow agents.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Berkey, the rules were suspended, Engrossed Substitute House Bill No. 2564 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Berkey spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2564.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2564 and the bill passed the Senate by the following vote:  Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

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

      Voting nay: Senators Holmquist and Stevens

      Excused: Senators Fraser, McCaslin and Oemig

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2564, 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 Kastama was excused.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2776, by House Committee on Education Appropriations (originally sponsored by Representatives Sullivan, Priest, Maxwell, Dammeier, Carlyle, Finn, Anderson, Eddy, Nelson, Goodman, Orwall, Hunter, Simpson, Jacks, Kagi, Ormsby, Morrell, Probst and Santos)

 

Regarding funding distribution formulas for K-12 education.

 

The measure was read the second time.

 

MOTION

 

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

0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) It is the legislature's intent to continue implementation of chapter 548, Laws of 2009, by adopting the technical details of a new distribution formula for the instructional program of basic education.  The legislature intends to continue to review and revise the formulas and may make revisions as necessary for technical purposes and consistency in the event of mathematical or other technical errors.

      (2) The legislature further intends to adjust the timelines for the working groups created under chapter 548, Laws of 2009, so that their expertise and advice can be received as soon as possible and to make adjustments to the composition of the local finance working group.  The legislature further intends to clarify the legislature's intent to fully fund all-day kindergarten by the 2018-19 school year.

Sec. 2.  RCW 28A.150.315 and 2009 c 548 s 107 are each amended to read as follows:

      (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year.  The funding shall continue to be phased-in until full statewide implementation of all-day kindergarten is achieved in the 2018-19 school year.  Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled.  Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:

      (a) Provide at least a one thousand-hour instructional program;

      (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:

      (i) Developing initial skills in the academic areas of reading, mathematics, and writing;

      (ii) Developing a variety of communication skills;

      (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;

      (iv) Acquiring large and small motor skills;

      (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and

      (vi) Learning through hands-on experiences;

      (c) Establish learning environments that are developmentally appropriate and promote creativity;

      (d) Demonstrate strong connections and communication with early learning community providers; and

      (e) Participate in kindergarten program readiness activities with early learning providers and parents.

      (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high‑quality all-day kindergarten program.  Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program.  Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.

Sec. 3.  2009 c 548 s 302 (uncodified) is amended to read as follows:

      (1) Beginning ((July)) April 1, 2010, the office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to develop options for a new system of supplemental school funding through local school levies and local effort assistance.

      (2) The working group shall consider the impact on overall school district revenues of the new basic education funding system established ((under this act)) by the legislature based on prototypical schools and shall recommend a phase-in plan that ensures that no school district suffers a decrease in funding from one school year to the next due to implementation of the new system of supplemental funding.

      (3) The working group shall also:
      (a) Examine local school district capacity to address facility needs associated with phasing-in full-day kindergarten across the state and reducing class size in kindergarten through third grade;
      (b) Provide technical advice to the quality education council including an  analysis on the potential use of local funds that may become available for redeployment and redirection as a result of increased state funding allocations for pupil transportation and maintenance, supplies, and operating costs; and
      (c) Advise the quality education council and the legislature on further development and implementation of the funding formulas under RCW 28A.150.260, as appropriate.
      (4) The working group shall be composed of representatives from the department of revenue, the legislative evaluation and accountability program committee, school district and educational service district financial managers, and representatives of the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with expertise in education finance.  When choosing the individuals to serve on the working group, the office of financial management and the office of the superintendent of public instruction are encouraged, as appropriate, to include members of the funding formula technical working group convened in accordance with section 112, chapter 548, Laws of 2009.  The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.  In addition to the staff support provided by the office of financial management and the office of the superintendent of public instruction, the department of revenue shall provide technical assistance, including financial and legal analysis, to support the working group's findings and analysis under subsection (3) of this section.

      (((4))) (5) The local funding working group shall be monitored and overseen by the legislature and by the quality education council created in ((section 114 of this act)) RCW 28A.290.010.  The working group shall submit an initial report to the legislature ((December 1)) and the quality education council by November 30, 2010, and a final report by June 30, 2011.

Sec. 4.  RCW 43.41.398 and 2009 c 548 s 601 are each amended to read as follows:

      (1) The legislature recognizes that providing students with the opportunity to access a world-class educational system depends on our continuing ability to provide students with access to world-class educators.  The legislature also understands that continuing to attract and retain the highest quality educators will require increased investments.  The legislature intends to enhance the current salary allocation model and recognizes that changes to the current model cannot be imposed without great deliberation and input from teachers, administrators, and classified employees.  Therefore, it is the intent of the legislature to begin the process of developing an enhanced salary allocation model that is collaboratively designed to ensure the rationality of any conclusions regarding what constitutes adequate compensation.

      (2) Beginning July 1, ((2011)) 2010, the office of financial management in collaboration with the office of the superintendent of public instruction, shall convene a technical working group to recommend the details of an enhanced salary allocation model that aligns state expectations for educator development and certification with the compensation system and establishes recommendations for a concurrent implementation schedule.  In addition to any other details the technical working group deems necessary, the technical working group shall make recommendations on the following:

      (a) How to reduce the number of tiers within the existing salary allocation model;

      (b) How to account for labor market adjustments;

      (c) How to account for different geographic regions of the state where districts may encounter difficulty recruiting and retaining teachers;

      (d) The role of and types of bonuses available;

      (e) Ways to accomplish salary equalization over a set number of years; and

      (f) Initial fiscal estimates for implementing the recommendations including a recognition that staff on the existing salary allocation model would have the option to grandfather in permanently to the existing schedule.

      (3) As part of its work, the technical working group shall conduct or contract for a preliminary comparative labor market analysis of salaries and other compensation for school district employees to be conducted and shall include the results in any reports to the legislature.  For the purposes of this subsection, "salaries and other compensation" includes average base salaries, average total salaries, average employee basic benefits, and retirement benefits.

      (4) The analysis required under subsection (1) of this section must:

      (a) Examine salaries and other compensation for teachers, other certificated instructional staff, principals, and other building-level certificated administrators, and the types of classified employees for whom salaries are allocated;

      (b) Be calculated at a statewide level that identifies labor markets in Washington through the use of data from the United States bureau of the census and the bureau of labor statistics; and

      (c) Include a comparison of salaries and other compensation to the appropriate labor market for at least the following subgroups of educators:  Beginning teachers and types of educational staff associates.

      (5) The working group shall include representatives of the department of personnel, the professional educator standards board, the office of the superintendent of public instruction, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with appropriate expertise in compensation related matters.  The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (6) The working group shall be monitored and overseen by the legislature and the quality education council created in RCW 28A.290.010.  The working group shall make an initial report to the legislature by ((December 1, 2012)) November 30, 2010, and a final report by June 30, 2011, and shall include in its report recommendations for whether additional further work of the group is necessary.

NEW SECTION.  Sec. 5.  A new section is added to chapter 28A.300 RCW to read as follows:

      The office of the superintendent of public instruction shall implement and maintain an internet-based portal that provides ready public access to the state's prototypical school funding model for basic education under RCW 28A.150.260.  The portal must provide citizens the opportunity to view, for each local school building, the staffing levels and other prototypical school funding elements that are assumed under the state funding formula.  The portal must also provide a matrix displaying how individual school districts are deploying those same state resources through their allocation of staff and other resources to school buildings, so that citizens are able to compare the state assumptions to district allocation decisions for each local school building.

NEW SECTION.  Sec. 6.  The legislature intends to continue to refine and provide greater detail to the distribution formula for the basic education instructional allocation, which shall be based on minimum staffing and nonstaff costs that the legislature deems necessary to support instruction and operations in prototypical schools as defined by the legislature.  The legislature expects that the detailed prototype school model will bring greater transparency, understanding, and public accountability to the funding system because it displays funding assumptions in understandable terms centered on the operations of school buildings.

Sec. 7.  RCW 28A.150.260 and 2009 c 548 s 106 are each amended to read as follows:

      The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220.  The allocation shall be determined as follows:

      (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.

      (2) The distribution formula under this section shall be for allocation purposes only.  Except as may be required under chapter 28A.155, 28A.165, 28A.180, or ((28A.155)) 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service.  Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff.  Nothing in this section entitles an individual teacher to a particular teacher planning period.

      (3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section.  The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes.  Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff.  It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available.  The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.

      (b) For the purposes of this section, prototypical schools are defined as follows:

      (i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

      (ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

      (iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

      (((c))) (4)(a) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on ((an)) the following general education average class size ((as specified in the omnibus appropriations act.)) of full-time equivalent students per teacher:

      General education

      average

      class size

Grades K-3                                                                 25.23

Grade 4                       27.00

Grades 5-6                                                                  27.00

Grades 7-8                                                                  28.53

Grades 9-12, except in cases when lower average class sizes

are specified for approved career and technical education

programs and skill centers                                          28.74

(b) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:

      Career and technical

      education average

      class size

Approved career and technical education offered at

the middle school and high school level                     26.57

Skill center programs meeting the standards established

by the office of the superintendent of public instruction          22.76

(c) According to an implementation schedule adopted by the legislature, the omnibus appropriations act shall at a minimum specify:

      (i) ((Basic average class size;

      (ii) Basic)) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and

      (((iii))) (ii) A specialty average class size for ((exploratory and preparatory career and technical education,)) laboratory science, advanced placement, and international baccalaureate courses((; and
      (iv) Average class size in grades kindergarten through three)).

      (((d))) (5)(a) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:

      (((i) Principals, including assistant principals, and other certificated building-level administrators;
      (ii) Teacher librarians, performing functions including information literacy, technology, and media to support school library media programs;
      (iii) Student health services, a function that includes school nurses, whether certificated instructional or classified employee, and social workers;
      (iv) Guidance counselors, performing functions including parent outreach and graduation advisor;
      (v) Professional development coaches;
      (vi) Teaching assistance, which includes any aspect of educational instructional services provided by classified employees;
      (vii) Office support, technology support, and other noninstructional aides;
      (viii) Custodians, warehouse, maintenance, laborer, and professional and technical education support employees; and
      (ix) Classified staff providing student and staff safety.
      (4)(a)))

 

Elementary

School

Middle
School

High
School

Principals, assistant principals, and other certificated building-level
administrators, except administrators for approved career
and technical programs and skill centers......................................................................

 

 

1.253

 

 

1.353

 

 

1.880

Teacher librarians, a function that includes information literacy,
technology, and media to support school library media programs..............................

 

0.663

 

0.519

 

0.523

Health and social services:

School nurses...............................................................................................................

0.076

0.060

0.096

Social workers..............................................................................................................

0.042

0.006

0.015

Psychologists...............................................................................................................

0.017

0.002

0.007

Guidance counselors, a function that includes parent outreach and
graduation advising.......................................................................................................

 

0.493

 

1.116

 

1.909

Professional development coaches...............................................................................

0.00

0.00

0.00

Teaching assistance, including any aspect of educational instructional
services provided by classified employees..................................................................

 

0.917

 

0.685

 

0.638

Office support and other noninstructional aides.........................................................

1.971

2.277

3.201

Custodians...................................................................................................................

1.622

1.902

2.903

Classified staff providing student and staff safety......................................................

0.077

0.090

0.138

Parent involvement coordinators.................................................................................

0.000

0.000

0.000

(b) For career and technical education programs approved by the superintendent of public instruction, the minimum allocation for administrative staff shall be allocated at 0.410 per one hundred full-time equivalent career and technical education students and for other school-level certificated staff at 0.202 per one hundred full-time equivalent career and technical education students, regardless of the grade level at which the program is delivered, in lieu of the certificated allocations in (a) of this subsection.
      (c) For skill center programs meeting the standards for skill center funding established in January 1999 by the superintendent of public instruction, the minimum allocation for administrative staff shall be allocated at 0.490 per one hundred full-time equivalent skill center students and for other school-level certificated staff at 0.236 per one hundred full-time equivalent skill center students in lieu of the certificated allocations in (a) of this subsection.

      (6)(a) The minimum staffing allocation for each school district to provide district-wide support services shall be allocated per one thousand full-time equivalent students in grades K-12 as follows:

      Staff per 1,000

      K-12 students

Technology                                                                0.615

Facilities, maintenance, and grounds                          1.776

Warehouse, laborers, and mechanics                          0.325

      (b) The minimum allocation of staff units for each school district to support certificated and classified staffing of central administration shall be 5.39 percent of the staff units generated under subsections (4)(a) and (5)(a) of this section and (a) of this subsection.
      (7)(a) Except as provided in subsection (8) of this section, the minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs:  ((Student technology; utilities; curriculum, textbooks, library materials, and instructional supplies; instructional professional development for both certificated and classified staff; other building-level costs including maintenance, custodial, and security; and central office administration.))

      Per annual average

      full-time equivalent student

      in grades K-12

Technology                                                                $54.43

Utilities and insurance                                                                $147.90

Curriculum and textbooks                                          $58.44

Other supplies and library materials                          $124.07

Instructional professional development for certified and

classified staff            $9.04
Facilities maintenance                $73.27
Security and central office          $50.76

      (b) ((The annual average full-time equivalent student amounts in (a) of this subsection shall be enhanced)) According to an implementation schedule adopted by the legislature and in addition to the amounts provided in (a) of this subsection, the omnibus appropriations act shall provide an amount based on the full-time equivalent student enrollment ((in)) for each of the following:  (i) Exploratory career and technical education courses for students in grades seven through twelve; (ii) laboratory science courses for students in grades nine through twelve; (iii) preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and (iv) preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.

      (((5))) (8) In addition to the allocations otherwise provided under ((subsections (3) and (4) of)) this section ((shall be enhanced as follows to provide additional allocations for classroom teachers and maintenance, supplies, and operating costs)) amounts shall be provided to support the following programs and services:

      (a) To provide supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the ((percent)) district percentage of students in ((each school)) grades K-12 who ((are)) were eligible for free ((and)) or reduced-price meals in the prior school year.  The minimum allocation for the ((learning assistance)) program shall provide ((an extended school day and extended school year)) for each level of prototypical school ((and a per student allocation for maintenance, supplies, and operating costs)) resources to provide, on a statewide average, 1.5156 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher and zero hours per week of instruction during vacation periods.

      (b) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the head count number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080.  The minimum allocation for each level of prototypical school shall provide ((for supplemental instruction based on percent of the school day a student is assumed to receive supplemental instruction and a per student allocation for maintenance, supplies, and operating costs)) resources to provide, on a statewide average, 4.7780 hours per week in extra instruction with fifteen transitional bilingual instruction program students per teacher and zero hours per week of instruction during vacation periods.

      (((6) The allocations provided under subsections (3) and (4) of this section shall be enhanced)) (c) To provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030, allocations shall be based on two and three hundred fourteen one-thousandths percent of each school district's full-time equivalent basic education enrollment.  The minimum allocation for the programs shall provide ((an extended school day and extended school year for each level of prototypical school and a per student allocation for maintenance, supplies, and operating costs)) resources to provide, on a statewide average, 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher and zero hours per week of instruction during vacation periods.

      (((7))) (9) The allocations under subsections (((3)(b), (c)(i), and (d), (4), and (8))) (4)(a), (5)(a), (6), and (7) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.

      (((8) The distribution formula shall include allocations to school districts to support certificated and classified staffing of central office administration.  The minimum allocation shall be calculated as a percentage, identified in the omnibus appropriations act, of the total allocations for staff under subsections (3) and (6) of this section for all schools in the district.
      (9))) (10)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (3) and (((5))) (8) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.

      (b) Allocations or enhancements provided under subsections (((3) and)) (4), (5), and (7) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.

      (((10))) (11)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor.  The recommended formula shall be subject to approval, amendment or rejection by the legislature.

      (b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect.

      (c) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.  The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction and shall be included as part of the superintendent's biennial budget request.  The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220.  Any revision of the present definition shall not take effect until approved by the house ways and means committee and the senate ways and means committee.

      (d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.

Sec. 8.  RCW 28A.150.390 and 2009 c 548 s 108 are each amended to read as follows:

      (1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities.  Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.260 (((3)(b), (c)(i), and (d), (4), and (8) and federal medical assistance and private funds accruing under RCW 74.09.5249 through 74.09.5253 and 74.09.5254 through 74.09.5256)) (4)(a), (5)(a), (6), and (7).

      (2) The excess cost allocation to school districts shall be based on the following:

      (a) A district's annual average headcount enrollment of students ages birth through four and those five year olds not yet enrolled in kindergarten who are eligible for and enrolled in special education, multiplied by the district's base allocation per full-time equivalent student, multiplied by 1.15; and

      (b) A district's annual average full-time equivalent basic education enrollment, multiplied by the district's funded enrollment percent, multiplied by the district's base allocation per full-time equivalent student, multiplied by 0.9309.

      (3) As used in this section:

      (a) "Base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (((3)(b), (c)(i), and (d), (4), and (8))) (4)(a), (5)(a), (6), and (7), to be divided by the district's full-time equivalent enrollment.

      (b) "Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250.

      (c) "Enrollment percent" means the district's resident special education annual average enrollment, excluding students ages birth through four and those five year olds not yet enrolled in kindergarten, as a percent of the district's annual average full-time equivalent basic education enrollment.

      (d) "Funded enrollment percent" means the lesser of the district's actual enrollment percent or twelve and seven-tenths percent.

Sec. 9.  RCW 28A.150.410 and 2007 c 403 s 1 are each amended to read as follows:

      (1) The legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260.  For the purposes of this section, the staff allocations for classroom teachers, teacher librarians, professional development coaches, guidance counselors, and student health services staff under RCW 28A.150.260 are considered allocations for certificated instructional staff.

      (2) Salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district's average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act.

      (3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless:

      (a) The employee has a master's degree; or

      (b) The credits were used in generating state salary allocations before January 1, 1992.

      (4) Beginning in the 2007-08 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists.  The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service.  Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits.

Sec. 10.  RCW 28A.150.100 and 1990 c 33 s 103 are each amended to read as follows:

      (1) For the purposes of this section and RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" ((shall)) means all full-time equivalent classroom teachers, teacher librarians, guidance counselors, certificated student health services staff, and other certificated instructional staff in the following programs as defined for statewide school district accounting purposes:  Basic education, secondary vocational education, general instructional support, and general supportive services.

      (2) ((In the 198889 school year and thereafter,)) Each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand annual average full time equivalent students.

Sec. 11.  2009 c 548 s 710 (uncodified) is amended to read as follows:

      (1) RCW 28A.150.030 (School day) and 1971 ex.s. c 161 s 1 & 1969 ex.s. c 223 s 28A.01.010;

      (2) RCW 28A.150.060 (Certificated employee) and 2005 c 497 s 212, 1990 c 33 s 102, 1977 ex.s. c 359 s 17, 1975 1st ex.s. c 288 s 21, & 1973 1st ex.s. c 105 s 1;

      (3) ((RCW 28A.150.100 (Basic education certificated instructional staff-Definition-Ratio to students) and 1990 c 33 s 103 & 1987 1st ex.s. c 2 s 203;
      (4))) RCW 28A.150.040 (School year‑-Beginning‑-End) and 1990 c 33 s 101, 1982 c 158 s 5, 1977 ex.s. c 286 s 1, 1975‑'76 2nd ex.s. c 118 s 22, & 1969 ex.s. c 223 s 28A.01.020;

      (((5))) (4) RCW 28A.150.370 (Additional programs for which legislative appropriations must or may be made) and 1995 c 335 s 102, 1995 c 77 s 5, 1990 c 33 s 114, 1982 1st ex.s. c 24 s 1, & 1977 ex.s. c 359 s 7; and

      (((6))) (5) RCW 28A.155.180 (Safety net funds--Application--Technical assistance--Annual survey) and 2007 c 400 s 8.

Sec. 12.  2009 c 548 s 804 (uncodified) is amended to read as follows:

      Sections 101 through 105, 107 through 110, and 701 through 710 of this act take effect September 1, 2011.

NEW SECTION.  Sec. 13.  If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.  Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

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

NEW SECTION.  Sec. 15.  Sections 6 through 13 of this act take effect September 1, 2011.

NEW SECTION.  Sec. 16.  Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

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

MOTION

 

Senator McAuliffe moved that the following amendment by Senators McAuliffe and Oemig to the committee striking amendment be adopted:

0) On page 4, line 26 of the amendment, after "1," strike all material through "2010" and insert "2011"

      On page 6, beginning on line 7 of the amendment, after "by" strike all material through "2011" on line 8, and insert "December 1, 2012"

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Oemig on page 4, line 26 Oemig to the committee striking amendment to Substitute House Bill No. 2776.

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

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to Substitute House Bill No. 2776.

The motion by Senator McAuliffe carried and the committee striking amendment as amended 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 "education;" strike the remainder of the title and insert "amending RCW 28A.150.315, 43.41.398, 28A.150.260, 28A.150.390, 28A.150.410, and 28A.150.100; amending 2009 c 548 s 302 (uncodified); amending 2009 c 548 s 710 (uncodified); amending 2009 c 548 s 804 (uncodified); adding a new section to chapter 28A.300 RCW; creating new sections; providing an effective date; and declaring an emergency."

 

MOTION

 

On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 2776 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, Tom and Oemig spoke in favor of passage of the bill.

      Senators King, Pflug and Zarelli spoke against passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2776 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2776 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 32; Nays, 15; Absent, 0; Excused, 2.

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

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

      Excused: Senators Fraser and McCaslin

SUBSTITUTE HOUSE BILL NO. 2776 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2707, by Representatives Simpson, Angel, Finn and Kretz

 

Concerning the method of calculating public utility district commissioner compensation.

 

The measure was read the second time.

 

MOTION

 

Senator Pflug moved that the following amendment by Senator Pflug be adopted:

0) On page 3, line 10, after "period.", insert the following:

             " There shall be no adjustment to dollar thresholds as authorized under this subsection that are attributable to inflation occurring during the five year period ending June 30, 2013."

Senators Pflug and Parlette spoke in favor of adoption of the amendment.

Senator Sheldon spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Pflug on page 3, line 10 to House Bill No. 2707.

The motion by Senator Pflug failed and the amendment was not adopted by voice vote.

 

MOTION

 

On motion of Senator Pridemore, the rules were suspended, House Bill No. 2707 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Pridemore spoke in favor of passage of the bill.

      Senator Pflug spoke against passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2707.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2707 and the bill passed the Senate by the following vote:  Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brown, Delvin, Eide, Fairley, Franklin, Gordon, Hargrove, Hatfield, Hobbs, Jacobsen, Kline, Kohl-Welles, McAuliffe, McDermott, Morton, Murray, Oemig, Prentice, Pridemore, Ranker, Regala, Rockefeller, Sheldon, Shin, Swecker and Tom

      Voting nay: Senators Becker, Brandland, Carrell, Haugen, Hewitt, Holmquist, Honeyford, Kastama, Kauffman, Keiser, Kilmer, King, Marr, Parlette, Pflug, Roach, Schoesler, Stevens and Zarelli

      Excused: Senators Fraser and McCaslin

HOUSE BILL NO. 2707, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2546, by House Committee on Commerce & Labor (originally sponsored by Representatives Van De Wege, Conway, Morrell, Angel, Dunshee and Santos)

 

Concerning classroom training for electrical trainees.

 

The measure was read the second time.

 

MOTION

 

Senator Honeyford moved that the following amendment by Senator Honeyford be adopted:

0) On page 2, line 32, after "2007.))", strike "The" and insert "For trainees reporting hours toward a general journeyman electrician certificate or a residential specialty electrician certificate, the"

      Senator Honeyford spoke in favor of adoption of the amendment.

Senators Gordon and Kohl-Welles spoke against adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 2, line 32 to Substitute House Bill No. 2546.

The motion by Senator Honeyford failed and the amendment was not adopted by a rising vote.

 

MOTION

 

On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 2546 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles, Keiser spoke in favor of passage of the bill.

      Senators King, Stevens, Benton, Morton spoke against passage of the bill.

 

POINT OF INQUIRY

 

Senator Becker:  “Would Senator Kohl-Welles yield to a question? What I’d actually like to know is can you give me any facts and figures of the number of injuries and deaths that may have caused you to come forward with this bill?”

 

Senator Kohl-Welles:  “Senator Becker, no I do not have those at my disposal and this bill came from the other body. So, we can get that information for you but I don’t have it right here.”

 

      Senators Tom and Honeyford spoke against passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2546.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2546 and the bill passed the Senate by the following vote:  Yeas, 27; Nays, 20; Absent, 0; Excused, 2.

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

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

      Excused: Senators Fraser and McCaslin

SUBSTITUTE HOUSE BILL NO. 2546, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

NOTICE OF RECONSIDERATION

 

Senator Eide, having voted on the prevailing side moved to immediately reconsider the vote by which Substitute House Bill No. 2776 passed the Senate.

 

The President declared the question before the Senate to be the motion by Senator Eide to immediately reconsider the vote by which Substitute House Bill No. 2776 pass the Senate.

Senators Zarelli and Parlette spoke in favor of passage of the bill.

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2776 on reconsideration and the bill passed the Senate 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, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Fraser and McCaslin

SUBSTITUTE HOUSE BILL NO. 2776, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2658, by House Committee on Community & Economic Development & Trade (originally sponsored by Representatives Kenney, Maxwell, McCoy and Morrell)

 

Refocusing the department of commerce, including transferring programs.

 

The measure was read the second time.

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  In 2009, the legislature changed the name of the department of community, trade, and economic development to the department of commerce and directed the agency to, among other things, develop a report with recommendations on statutory changes to ensure that the department's efforts:  Are organized around a concise core mission and aligned with the state's comprehensive plan for economic development; generate greater local capacity; maximize results through partnerships and the use of intermediaries; and provide transparency and increased accountability.  Recommendations for creating or consolidating programs deemed important to meeting the department's core mission and recommendations for terminating or transferring specific programs if they are not consistent with the department's core mission were to be included in the report.

      In accordance with that legislation, chapter 565, Laws of 2009, in November 2009 the department of commerce submitted a plan that establishes a mission of growing and improving jobs in the state and recognizes the need for an innovation-driven economy.  The plan also outlines agency priorities, efficiencies, and program transfers that will help to advance the new mission.

      The primary purpose of this act is to implement portions of the department of commerce plan by transferring certain programs from the department of commerce to other state agencies whose missions are more closely aligned with the core functions of those programs.  This act also directs additional efficiencies in state government and directs development of a statewide clean energy strategy, which will better enable the department of commerce to focus on its new mission.

Sec. 2.  RCW 43.330.005 and 1993 c 280 s 1 are each amended to read as follows:

      The legislature finds that the long-term economic health of the state and its citizens depends upon the strength and vitality of its communities and businesses.  It is the intent of this chapter to create a ((merged)) department of ((community, trade, and economic development)) commerce that fosters new partnerships for strong and sustainable communities.  ((The consolidation of the department of trade and economic development and the department of community development into one department will)) The mission of the department is to grow and improve jobs in Washington and facilitate innovation.  To carry out its mission, the department will bring together focused efforts to:  Streamline access to business assistance and economic development services by providing ((a simpler point of entry for state programs)) them thorough sector-based, cluster-based, and regional partners; provide focused and flexible responses to changing economic conditions; generate greater local capacity to respond to both economic growth and environmental challenges; ((and)) increase accountability to the public, the executive branch, and the legislature((.
      A new department can bring together a focused effort to:)); manage growth and achieve sustainable development; diversify the state's economy and export goods and services; provide greater access to economic opportunity; stimulate private sector investment and entrepreneurship; provide stable family-wage jobs and meet the diverse needs of families; provide affordable housing and housing services; and construct public infrastructure((; protect our cultural heritage; and promote the health and safety of the state's citizens)).

      The legislature further finds that as a result of the rapid pace of global social and economic change, the state and local communities will require coordinated and creative responses by every segment of the community.  The state can play a role in assisting such local efforts by reorganizing state assistance efforts to promote such partnerships.  The department has a primary responsibility to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents.  It is the intent of the legislature in ((this consolidation)) creating the department to maximize the use of local expertise and resources in the delivery of community and economic development services.

Sec. 3.  RCW 43.330.007 and 2009 c 565 s 1 are each amended to read as follows:

(1) The purpose of this chapter is to establish the broad outline of the structure of the department of commerce, leaving specific details of its internal organization and management to those charged with its administration.  This chapter identifies the broad functions and responsibilities of the department and is intended to provide flexibility to the director to reorganize these functions to more closely reflect its customers, its mission, and its priorities, and to make recommendations for changes.

(2) In order to generate greater local capacity, maximize results through partnerships and the use of intermediaries, and leverage the use of state resources, the department shall, in carrying out its business assistance and economic development functions, provide business and economic development services primarily through sector-based, cluster-based, and regionally based organizations rather than providing assistance directly to individual firms.

NEW SECTION.  Sec. 4.  The department shall examine the functions and operations of agricultural commodity commissions in the state and collaborate with industry sector and cluster associations on legislation that would enable industries to develop self-financing systems for addressing industry-identified issues such as workforce training, international marketing, quality improvement, and technology deployment.  By December 1, 2010, the department shall report to the governor and the legislature on its findings and proposed legislation.

NEW SECTION.  Sec. 5.  (1) The governor may, by executive order, delay the transfer of programs and personnel related to independent youth housing, housing assistance for persons with mental illness, crime victims' advocacy and sexual assault services, community mobilization against substance abuse and violence, and the long-term care ombudsman, and may, by July 15, 2010, direct such personnel and programs to be transferred to an agency or agencies other than the agency or agencies specified in this act.  In making any decision to transfer programs and personnel, the governor shall rely on the recommendations made by the department of commerce pursuant to subsection (2) of this section.

      (2) The department of commerce shall facilitate a stakeholder process to develop recommendations on the transfer of programs and personnel relating to the following:  Independent youth housing, housing assistance for persons with mental illness, crime victims' advocacy and sexual assault services, community mobilization against substance abuse and violence, and the long-term care ombudsman.  The department of commerce shall convene those parties with a direct interest in such programs and the agencies that may be appropriate recipients of the programs.  The recommendations shall be delivered to the governor by July 1, 2010.

 

PART I

DEPARTMENT OF HEALTH--PUBLIC HEALTH

 

Sec. 101.  RCW 70.05.125 and 2009 c 479 s 48 are each amended to read as follows:

      (1) The county public health account is created in the state treasury.  Funds deposited in the county public health account shall be distributed by the state treasurer to each local public health jurisdiction based upon amounts certified to it by the department of ((community, trade, and economic development)) health in consultation with the Washington state association of counties.  The account shall include funds distributed under RCW 82.14.200(8) and such funds as are appropriated to the account from the state general fund, the public health services account under RCW 43.72.902, and such other funds as the legislature may appropriate to it.

      (2)(a) The ((director)) secretary of the department of ((community, trade, and economic development)) health shall certify the amounts to be distributed to each local public health jurisdiction using 1995 as the base year of actual city contributions to local public health.

      (b) Only if funds are available and in an amount no greater than available funds under RCW 82.14.200(8), the department of community, trade, and economic development shall adjust the amount certified under (a) of this subsection to compensate for any annexation of an area with fifty thousand residents or more to any city as a result of a petition during calendar year 1996 or 1997, or for any city that became newly incorporated as a result of an election during calendar year 1994 or 1995.  The amount to be adjusted shall be equal to the amount which otherwise would have been lost to the health jurisdiction due to the annexation or incorporation as calculated using the jurisdiction's 1995 funding formula.

      (c) The county treasurer shall certify the actual 1995 city contribution to the department.  Funds in excess of the base shall be distributed proportionately among the health jurisdictions based on incorporated population figures as last determined by the office of financial management.

      (3) Moneys distributed under this section shall be expended exclusively for local public health purposes.

NEW SECTION.  Sec. 102.  (1) All powers, duties, and functions of the department of commerce pertaining to county public health assistance are transferred to the department of health.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of health.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health.  All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART II

DEPARTMENT OF SOCIAL AND HEALTH SERVICES--SUBSTANCE ABUSE PROGRAMS

 

Sec. 201.  RCW 43.270.020 and 2001 c 48 s 2 are each amended to read as follows:

      (1) There is established in the department of ((community, trade, and economic development)) social and health services a grant program to provide incentive for and support for communities to develop targeted and coordinated strategies to reduce the incidence and impact of alcohol, tobacco, or other drug abuse, or violence.  This program is known as the community mobilization program.

      (2) The department ((of community, trade, and economic development)) shall make awards, subject to funds appropriated by the legislature, under the following terms:

      (a) Starting July 1, 2001, funds will be available to countywide programs through a formula developed by the department ((of community, trade, and economic development)) in consultation with program contractors, which will take into consideration county population size.

      (b) In order to be eligible for consideration, applicants must demonstrate, at a minimum:

      (i) That the community has developed and is committed to carrying out a coordinated strategy of prevention, treatment, and law enforcement activities;

      (ii) That the community has considered research-based theory when developing its strategy;

      (iii) That proposals submitted for funding are based on a local assessment of need and address specific objectives contained in a coordinated strategy of prevention, treatment, and law enforcement against alcohol, tobacco, or other drug abuse, or violence;

      (iv) Evidence of active participation in preparation of the proposal and specific commitments to implementing the community-wide agenda by leadership from education, law enforcement, local government, tribal government, and treatment entities in the community, and the opportunity for meaningful involvement from others such as neighborhood and citizen groups, businesses, human service, health and job training organizations, and other key elements of the community, particularly those whose responsibilities in law enforcement, treatment, prevention, education, or other community efforts provide direct, ongoing contact with substance abusers or those who exhibit violent behavior, or those at risk for alcohol, tobacco, or other drug abuse, or violent behavior;

      (v) Evidence of additional local resources committed to the applicant's strategy totaling at least twenty-five percent of funds awarded under this section.  These resources may consist of public or private funds, donated goods or services, and other measurable commitments, including in-kind contributions such as volunteer services, materials, supplies, physical facilities, or a combination thereof; and

      (vi) That the funds applied for, if received, will not be used to replace funding for existing activities.

      (c) At a minimum, grant applications must include the following:

      (i) A definition of geographic area;

      (ii) A needs assessment describing the extent and impact of alcohol, tobacco, or other drug abuse, and violence in the community, including an explanation of those who are most severely impacted and those most at risk of substance abuse or violent behavior;

      (iii) An explanation of the community-wide strategy for prevention, treatment, and law enforcement activities related to alcohol, tobacco, or other drug abuse, or violence, with particular attention to those who are most severely impacted and/or those most at risk of alcohol, tobacco, or other drug abuse, or violent behavior;

      (iv) An explanation of who was involved in development of the strategy and what specific commitments have been made to carry it out;

      (v) Identification of existing prevention, education, treatment, and law enforcement resources committed by the applicant, including financial and other support, and an explanation of how the applicant's strategy involves and builds on the efforts of existing organizations or coalitions that have been carrying out community efforts against alcohol, tobacco, or other drug abuse, or violence;

      (vi) Identification of activities that address specific objectives in the strategy for which additional resources are needed;

      (vii) Identification of additional local resources, including public or private funds, donated goods or services, and other measurable commitments, that have been committed to the activities identified in (c)(vi) of this subsection;

      (viii) Identification of activities that address specific objectives in the strategy for which funding is requested;

      (ix) For each activity for which funding is requested, an explanation in sufficient detail to demonstrate:

      (A) Feasibility through deliberative design, specific objectives, and a realistic plan for implementation;

      (B) A rationale for how this activity will achieve measurable results and how it will be evaluated;

      (C) That funds requested are necessary and appropriate to effectively carry out the activity; and

      (x) Identification of a contracting agent meeting state requirements for each activity proposed for funding.

      Each contracting agent must execute a written agreement with its local community mobilization advisory board that reflects the duties and powers of each party.

      (3) Activities that may be funded through this grant program include those that:

      (a) Prevent alcohol, tobacco, or other drug abuse, or violence through educational efforts, development of positive alternatives, intervention with high-risk groups, and other prevention strategies;

      (b) Support effective treatment by increasing access to and availability of treatment opportunities, particularly for underserved or highly impacted populations, developing aftercare and support mechanisms, and other strategies to increase the availability and effectiveness of treatment;

      (c) Provide meaningful consequences for participation in illegal activity and promote safe and healthy communities through support of law enforcement strategies;

      (d) Create or build on efforts by existing community programs, coordinate their efforts, and develop cooperative efforts or other initiatives to make most effective use of resources to carry out the community's strategy against alcohol, tobacco, or other drug abuse, or violence; and

      (e) Other activities that demonstrate both feasibility and a rationale for how the activity will achieve measurable results in the strategy against alcohol, tobacco, or other drug abuse, or violence.

Sec. 202.  RCW 43.270.070 and 2001 c 48 s 3 are each amended to read as follows:

      The department of ((community, trade, and economic development)) social and health services shall ask communities for suggestions on state practices, policies, and priorities that would help communities implement their strategies against alcohol, tobacco, or other drug abuse, or violence.  The department of ((community, trade, and economic development)) social and health services shall review and respond to those suggestions making necessary changes where feasible, making recommendations to the legislature where appropriate, and providing an explanation as to why suggested changes cannot be accomplished, if the suggestions cannot be acted upon.

Sec. 203.  RCW 43.270.080 and 2001 c 48 s 4 are each amended to read as follows:

      The department of ((community, trade, and economic development)) social and health services may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of RCW 43.270.010 through 43.270.080 and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

NEW SECTION.  Sec. 204.  (1) All powers, duties, and functions of the department of commerce pertaining to the community mobilization against substance abuse program are transferred to the department of social and health services.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of social and health services when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of social and health services.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of social and health services.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of social and health services.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of social and health services.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of social and health services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of social and health services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of social and health services.  All existing contracts and obligations shall remain in full force and shall be performed by the department of social and health services.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of social and health services under this section whose positions are within an existing bargaining unit description at the department of social and health services shall become a part of the existing bargaining unit at the department of social and health services and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART III

DEPARTMENT OF HEALTH--DEVELOPMENTAL DISABILITIES

 

Sec. 301.  RCW 43.330.210 and 2009 c 565 s 11 are each amended to read as follows:

      The developmental disabilities endowment governing board is established to design and administer the developmental disabilities endowment.  To the extent funds are appropriated for this purpose, the director of the department ((of commerce)) shall provide staff and administrative support to the governing board.

      (1) The governing board shall consist of seven members as follows:

      (a) Three of the members, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as finance, actuarial science, management, business, or public policy.

      (b) Three members of the board, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as business, developmental disabilities service design, management, or public policy, and shall be family members of persons with developmental disabilities.

      (c) The seventh member of the board, who shall serve as chair of the board, shall be appointed by the remaining six members of the board.

      (2) Members of the board shall serve terms of four years and may be appointed for successive terms of four years at the discretion of the appointing authority.  However, the governor may stagger the terms of the initial six members of the board so that approximately one-fourth of the members' terms expire each year.

      (3) Members of the board shall be compensated for their service under RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (4) The board shall meet periodically as specified by the call of the chair, or a majority of the board.

      (5) Members of the governing board and the state investment board shall not be considered an insurer of the funds or assets of the endowment trust fund or the individual trust accounts.  Neither of these two boards or their members shall be liable for the action or inaction of the other.

      (6) Members of the governing board and the state investment board are not liable to the state, to the fund, or to any other person as a result of their activities as members, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law.  The department and the state investment board, respectively, may purchase liability insurance for members.

Sec. 302.  RCW 43.330.240 and 2009 c 565 s 12 are each amended to read as follows:

      The department ((of commerce)) shall adopt rules for the implementation of policies established by the governing board in RCW 43.330.200 through 43.330.230 (as recodified by this act).  Such rules will be consistent with those statutes and chapter 34.05 RCW.

NEW SECTION.  Sec. 303.  The following sections are each recodified as sections in chapter 43.70 RCW:

      RCW 43.330.195

      RCW 43.330.200

      RCW 43.330.205

      RCW 43.330.210

      RCW 43.330.220

      RCW 43.330.225

      RCW 43.330.230

      RCW 43.330.240

NEW SECTION.  Sec. 304.  (1) All powers, duties, and functions of the department of commerce pertaining to the developmental disabilities endowment are transferred to the department of health.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of health.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health.  All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART IV

DEPARTMENT OF SOCIAL AND HEALTH SERVICES--SPECIAL NEEDS
HOUSING ASSISTANCE

 

Sec. 401.  RCW 82.14.400 and 2000 c 240 s 1 are each amended to read as follows:

      (1) Upon the joint request of a metropolitan park district, a city with a population of more than one hundred fifty thousand, and a county legislative authority in a county with a national park and a population of more than five hundred thousand and less than one million five hundred thousand, the county shall submit an authorizing proposition to the county voters, fixing and imposing a sales and use tax in accordance with this chapter for the purposes designated in subsection (4) of this section and identified in the joint request.  Such proposition must be placed on a ballot for a special or general election to be held no later than one year after the date of the joint request.

      (2) The proposition is approved if it receives the votes of a majority of those voting on the proposition.

      (3) The tax authorized in this section is in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county.  The rate of tax shall equal no more than one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax.

      (4) Moneys received from any tax imposed under this section shall be used solely for the purpose of providing funds for:

      (a) Costs associated with financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, reequipping, or improvement of zoo, aquarium, and wildlife preservation and display facilities that are currently accredited by the American zoo and aquarium association; or

      (b) Those costs associated with (a) of this subsection and costs related to parks located within a county described in subsection (1) of this section.

      (5) The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county.  In lieu of the charge for the administration and collection of local sales and use taxes under RCW 82.14.050 from which the county is exempt under this subsection (5), a percentage of the tax revenues authorized by this section equal to one-half of the maximum percentage provided in RCW 82.14.050 shall be transferred annually to the department of ((community, trade, and economic development, or its successor agency,)) social and health services from the funds allocated under subsection (6)(b) of this section for a period of twelve years from the first date of distribution of funds under subsection (6)(b) of this section.  The department of ((community, trade, and economic development, or its successor agency,)) social and health services shall use funds transferred to it pursuant to this subsection (5) to provide, operate, and maintain community-based housing ((under chapter 43.185 RCW)) for persons who are mentally ill.

      (6) If the joint request and the authorizing proposition include provisions for funding those costs included within subsection (4)(b) of this section, the tax revenues authorized by this section shall be allocated annually as follows:

      (a) Fifty percent to the zoo and aquarium advisory authority; and

      (b) Fifty percent to be distributed on a per capita basis as set out in the most recent population figures for unincorporated and incorporated areas only within that county, as determined by the office of financial management, solely for parks, as follows:  To any metropolitan park district, to cities and towns not contained within a metropolitan park district, and the remainder to the county.  Moneys received under this subsection (6)(b) by a county may not be used to replace or supplant existing per capita funding.

      (7) Funds shall be distributed annually by the county treasurer to the county, and cities and towns located within the county, in the manner set out in subsection (6)(b) of this section.

      (8) Prior to expenditure of any funds received by the county under subsection (6)(b) of this section, the county shall establish a process which considers needs throughout the unincorporated areas of the county in consultation with community advisory councils established by ordinance.

      (9) By December 31, 2005, and thereafter, the county or any city with a population greater than eighty thousand must provide at least one dollar match for every two dollars received under this section.

      (10) Properties subject to a memorandum of agreement between the federal bureau of land management, the advisory council on historic preservation, and the Washington state historic preservation officer have priority for funding from money received under subsection (6)(b) of this section for implementation of the stipulations in the memorandum of agreement.

      (a) At least one hundred thousand dollars of the first four years of allocations under subsection (6)(b) of this section, to be matched by the county or city with one dollar for every two dollars received, shall be used to implement the stipulations of the memorandum of agreement and for other historical, archaeological, architectural, and cultural preservation and improvements related to the properties.

      (b) The amount in (a) of this subsection shall come equally from the allocations to the county and to the city in which the properties are located, unless otherwise agreed to by the county and the city.

      (c) The amount in (a) of this subsection shall not be construed to displace or be offered in lieu of any lease payment from a county or city to the state for the properties in question.

NEW SECTION.  Sec. 402.  (1) Powers, duties, and functions of the department of commerce pertaining to housing assistance for persons with mental illness, that are transferred in this act, are transferred to the department of social and health services.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of social and health services when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of social and health services.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of social and health services.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of social and health services.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of social and health services.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of social and health services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of social and health services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of social and health services.  All existing contracts and obligations shall remain in full force and shall be performed by the department of social and health services.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of social and health services under this section whose positions are within an existing bargaining unit description at the department of social and health services shall become a part of the existing bargaining unit at the department of social and health services and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

Sec. 403.  RCW 43.63A.305 and 2009 c 148 s 1 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

      (e) Annually, beginning by December 31, 2007, provide to the appropriate committees of the legislature and the interagency council on homelessness as described under RCW 43.185C.170 recommendations of strategies to reach the goals described in RCW 43.63A.311(2)(g) (as recodified by this act).

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

      (a) Use moneys awarded to the organizations for housing stipends, security deposits, first and last month's rent stipends, case management program costs, and administrative costs.  When subcontractor organizations determine that it is necessary to assist participating youth in accessing and maintaining independent housing, subcontractor organizations may also use moneys awarded to pay for professional mental health services and tuition costs for court-ordered classes and programs;

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

      (ii) All housing stipends, security deposits, and first and last month's rent stipends must be payable only to a landlord or housing manager of any type of independent housing;

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

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

      (d) Monitor participating youth's housing status;

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

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

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

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

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

      (j) Submit expenditure and performance reports, including information related to the performance measures in RCW 43.63A.311 (as recodified by this act), to the department on a time schedule determined by the department; and

      (k) Provide recommendations to the department regarding program improvements and strategies that might assist the state to reach its goals as described in RCW 43.63A.311(2)(g) (as recodified by this act).

Sec. 404.  RCW 43.63A.307 and 2009 c 148 s 2 are each amended to read as follows:

      The definitions in this section apply throughout ((this chapter)) RCW 43.63A.305 through 43.63A.315 (as recodified by this act) unless the context clearly requires otherwise.

      (1) (("Department" means the department of community, trade, and economic development.
      (2))) "Eligible youth" means an individual who:

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

      (b) Except as provided in RCW 43.63A.309(2)(a) (as recodified by this act), has a total income from all sources, except for temporary sources that include, but are not limited to, overtime wages, bonuses, or short-term temporary assignments, that does not exceed fifty percent of the area median income;

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

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

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

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

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

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

Sec. 405.  RCW 43.63A.311 and 2007 c 316 s 5 are each amended to read as follows:

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

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

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

      (a) Increases in housing stability;

      (b) Increases in economic self-sufficiency;

      (c) Increases in independent living skills;

      (d) Increases in education and job training attainment;

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

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

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

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

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

Sec. 406.  RCW 43.63A.313 and 2007 c 316 s 6 are each amended to read as follows:

      Chapter 316, Laws of 2007 does not create:

      (1) An entitlement to services;

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

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

NEW SECTION.  Sec. 407.  The following sections are each recodified as sections in chapter 43.20A RCW:

      RCW 43.63A.305

      RCW 43.63A.307

      RCW 43.63A.309

      RCW 43.63A.311

      RCW 43.63A.313

      RCW 43.63A.315

NEW SECTION.  Sec. 408.  (1) All powers, duties, and functions of the department of commerce pertaining to the independent youth housing program are transferred to the department of social and health services.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of social and health services when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of social and health services.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of social and health services.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of social and health services.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of social and health services.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of social and health services.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of social and health services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of social and health services.  All existing contracts and obligations shall remain in full force and shall be performed by the department of social and health services.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of social and health services under this section whose positions are within an existing bargaining unit description at the department of social and health services shall become a part of the existing bargaining unit at the department of social and health services and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART V

DEPARTMENT OF LABOR AND INDUSTRIES--CRIME VICTIMS' PROGRAMS

 

Sec. 501.  RCW 9.94A.8673 and 2008 c 249 s 3 are each amended to read as follows:

      (1) The sex offender policy board shall consist of thirteen voting members.  Unless the member is specifically named in this section, the following organizations shall designate a person to sit on the board.

      (a) The Washington association of sheriffs and police chiefs;

      (b) The Washington association of prosecuting attorneys;

      (c) The Washington association of criminal defense lawyers;

      (d) The chair of the indeterminate sentence review board or his or her designee;

      (e) The Washington association for the treatment of sex abusers;

      (f) The secretary of the department of corrections or his or her designee;

      (g) The Washington state superior court judge's association;

      (h) The assistant secretary of the juvenile rehabilitation administration or his or her designee;

      (i) The office of crime victims advocacy in the department of ((community, trade, and economic development)) labor and industries;

      (j) The Washington state association of counties;

      (k) The association of Washington cities;

      (l) The Washington association of sexual assault programs; and

      (m) The director of the special commitment center or his or her designee.

      (2) The person so named in subsection (1) of this section has the authority to make decisions on behalf of the organization he or she represents.

      (3) The nonvoting membership shall consist of the following:

      (a) Two members of the sentencing guidelines commission chosen by the chair of the commission; and

      (b) A representative of the criminal justice division in the attorney general's office.

      (4) The board shall choose its chair by majority vote from among its voting membership.  The chair's term shall be two years.

      (5) The chair of the sentencing guidelines commission shall convene the first meeting.

      (6) The Washington institute for public policy shall act as an advisor to the board.

Sec. 502.  RCW 43.63A.720 and 1995 c 353 s 7 are each amended to read as follows:

      There is established in the department ((of community, trade, and economic development)) a grant program to enhance funding for prostitution prevention and intervention services.  Activities that can be funded through this grant program shall provide effective prostitution prevention and intervention services, such as counseling, parenting, housing relief, education, and vocational training, that:

      (1) Comprehensively address the problems of persons who are prostitutes; and

      (2) Enhance the ability of persons to leave or avoid prostitution.

Sec. 503.  RCW 43.63A.735 and 1995 c 353 s 10 are each amended to read as follows:

      (1) Subject to funds appropriated by the legislature, including funds in the prostitution prevention and intervention account, the department ((of community, trade, and economic development)) shall make awards under the grant program established by RCW 43.63A.720 (as recodified by this act).

      (2) Awards shall be made competitively based on the purposes of and criteria in RCW 43.63A.720 through 43.63A.730 (as recodified by this act).

      (3) Activities funded under this section may be considered for funding in future years, but shall be considered under the same terms and criteria as new activities.  Funding of a program or activity under this chapter shall not constitute an obligation by the state of Washington to provide ongoing funding.

      (4) The department ((of community, trade, and economic development)) may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the grant program established under RCW 43.63A.720 (as recodified by this act) and expend the same or any income from these sources according to the terms of the gifts, grants, or endowments.

      (5) The department ((of community, trade, and economic development)) may expend up to five percent of the funds appropriated for the grant program for administrative costs and grant supervision.

Sec. 504.  RCW 43.280.011 and 1996 c 123 s 1 are each amended to read as follows:

      The Washington state sexual assault services advisory committee issued a report to the department of community, trade, and economic development and the department of social and health services in June of 1995.  The committee made several recommendations to improve the delivery of services to victims of sexual abuse and assault:  (1) Consolidate the administration and funding of sexual assault and abuse services in one agency instead of splitting those functions between the department of social and health services and the department of community, trade, and economic development; (2) adopt a funding allocation plan to pool all funds for sexual assault services and to distribute them across the state to ensure the delivery of core and specialized services; (3) establish service, data collection, and management standards and outcome measurements for recipients of grants; and (4) create a data collection system to gather pertinent data concerning the delivery of sexual assault services to victims.

      The legislature approves the recommendations of the advisory committee and consolidates the functions and funding for sexual assault services in the department of ((community, trade, and economic development)) labor and industries to implement the advisory committee's recommendations.

      ((The legislature does not intend to effect a reduction in service levels within available funding by transferring department of social and health services' powers and duties to the department of community, trade, and economic development.))  At a minimum, the department of ((community, trade, and economic development)) social and health services shall distribute the same percentage of the services it provides victims of sexual assault and abuse, pursuant to RCW 43.280.020, 70.125.080, and 74.14B.060, to children as were distributed to children through these programs in fiscal year 1996.

Sec. 505.  RCW 43.280.020 and 1996 c 123 s 3 are each amended to read as follows:

      There is established in the department of ((community, trade, and economic development)) labor and industries a grant program to enhance the funding for treating the victims of sex offenders.  Activities that can be funded through this grant program are limited to those that:

      (1) Provide effective treatment to victims of sex offenders;

      (2) Increase access to and availability of treatment for victims of sex offenders, particularly if from underserved populations; and

      (3) Create or build on efforts by existing community programs, coordinate those efforts, or develop cooperative efforts or other initiatives to make the most effective use of resources to provide treatment services to these victims.

      Funding shall be given to those applicants that emphasize providing stable, victim-focused sexual abuse services and possess the qualifications to provide core services, as defined in RCW 70.125.030.  Funds for specialized services, as defined in RCW 70.125.030, shall be disbursed through the request for proposal or request for qualifications process.

Sec. 506.  RCW 43.280.060 and 1996 c 123 s 5 are each amended to read as follows:

      (1) Subject to funds appropriated by the legislature, the department of ((community, trade, and economic development)) labor and industries shall make awards under the grant program established by RCW 43.280.020.

      (2) To aid the department of ((community, trade, and economic development)) labor and industries in making its funding determinations, the department shall form a peer review committee comprised of individuals who are knowledgeable or experienced in the management or delivery of treatment services to victims of sex offenders.  The peer review committee shall advise the department on the extent to which each eligible applicant meets the treatment and management standards, as developed by the department.  The department shall consider this advice in making awards.

      (3) Activities funded under this section may be considered for funding in future years, but shall be considered under the same terms and criteria as new activities.  Funding under this chapter shall not constitute an obligation by the state of Washington to provide ongoing funding.

Sec. 507.  RCW 43.280.070 and 1995 c 399 s 115 are each amended to read as follows:

      The department of ((community, trade, and economic development)) labor and industries may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

Sec. 508.  RCW 43.280.080 and 1995 c 241 s 1 are each amended to read as follows:

      The office of crime victims advocacy is established in the department of ((community, trade, and economic development)) labor and industries.  The office shall assist communities in planning and implementing services for crime victims, advocate on behalf of crime victims in obtaining needed services and resources, and advise local and state governments on practices, policies, and priorities that impact crime victims.  In addition, the office shall administer grant programs for sexual assault treatment and prevention services, as authorized in this chapter.

Sec. 509.  RCW 43.280.090 and 1995 c 269 s 2102 are each amended to read as follows:

      The director of the department of ((community, trade, and economic development)) labor and industries may establish ad hoc advisory committees, as necessary, to obtain advice and guidance regarding the office of crime victims advocacy program.

Sec. 510.  RCW 70.125.030 and 2009 c 565 s 50 are each reenacted and amended to read as follows:

      As used in this chapter and unless the context indicates otherwise:

      (1) "Community sexual assault program" means a community-based social service agency that is qualified to provide and provides core services to victims of sexual assault.

      (2) "Core services" means treatment services for victims of sexual assault including information and referral, crisis intervention, medical advocacy, legal advocacy, support, system coordination, and prevention for potential victims of sexual assault.

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

      (4) "Law enforcement agencies" means police and sheriff's departments of this state.

      (5) "Personal representative" means a friend, relative, attorney, or employee or volunteer from a community sexual assault program or specialized treatment service provider.

      (6) "Rape crisis center" means a community-based social service agency which provides services to victims of sexual assault.

      (7) "Sexual assault" means one or more of the following:

      (a) Rape or rape of a child;

      (b) Assault with intent to commit rape or rape of a child;

      (c) Incest or indecent liberties;

      (d) Child molestation;

      (e) Sexual misconduct with a minor;

      (f) Custodial sexual misconduct;

      (g) Crimes with a sexual motivation; or

      (h) An attempt to commit any of the aforementioned offenses.

      (8) "Specialized services" means treatment services for victims of sexual assault including support groups, therapy, and specialized sexual assault medical examination.

      (9) "Victim" means any person who suffers physical and/or mental anguish as a proximate result of a sexual assault.

Sec. 511.  RCW 74.14B.060 and 1996 c 123 s 8 are each amended to read as follows:

      (1) Treatment services for children who have been sexually assaulted must be designed and delivered in a manner that accommodates their unique developmental needs and also considers the impact of family dynamics on treatment issues.  In addition, the complexity of the civil and criminal justice systems requires that children who are involved receive appropriate consideration and attention that recognizes their unique vulnerability in a system designed primarily for adults.

      (2) The department of ((community, trade, and economic development)) labor and industries shall provide, subject to available funds, comprehensive sexual assault services to sexually abused children and their families.  The department shall provide treatment services by qualified, registered, certified, or licensed professionals on a one-to-one or group basis as may be deemed appropriate.

      (3) Funds appropriated under this section shall be provided solely for contracts or direct purchase of specific treatment services from community organizations and private service providers for child victims of sexual assault and sexual abuse.  Funds shall be disbursed through the request for proposal or request for qualifications process.

      (4) As part of the request for proposal or request for qualifications process the department of ((community, trade, and economic development)) labor and industries shall ensure that there be no duplication of services with existing programs including the crime victims' compensation program as provided in chapter 7.68 RCW.  The department shall also ensure that victims exhaust private insurance benefits available to the child victim before providing services to the child victim under this section.

NEW SECTION.  Sec. 512.  The following sections are each recodified as sections in chapter 43.22 RCW:

      RCW 43.63A.720

      RCW 43.63A.725

      RCW 43.63A.730

      RCW 43.63A.735

      RCW 43.63A.740

NEW SECTION.  Sec. 513.  (1) All powers, duties, and functions of the department of commerce pertaining to the office of crime victims advocacy are transferred to the department of labor and industries.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the department of labor and industries when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of labor and industries.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of labor and industries.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of labor and industries.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of labor and industries.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of labor and industries.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of labor and industries to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of labor and industries.  All existing contracts and obligations shall remain in full force and shall be performed by the department of labor and industries.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of labor and industries under this section whose positions are within an existing bargaining unit description at the department of labor and industries shall become a part of the existing bargaining unit at the department of labor and industries and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 514.  RCW 43.280.081 is decodified.

 

PART VI

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION—ENERGY

 

Sec. 601.  RCW 80.50.030 and 2001 c 214 s 4 are each amended to read as follows:

      (1) There is created and established the energy facility site evaluation council.

      (2)(a) The chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause.  The chair may designate a member of the council to serve as acting chair in the event of the chair's absence.  The salary of the chair shall be determined under RCW 43.03.040.  The chair is a "state employee" for the purposes of chapter 42.52 RCW.  As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.

      (b) The chair or a designee shall execute all official documents, contracts, and other materials on behalf of the council.  The Washington ((state department of community, trade, and economic development)) utilities and transportation commission shall provide all administrative and staff support for the council.  The ((director of the department of community, trade, and economic development)) commission has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter.  Not more than three such employees may be exempt from chapter 41.06 RCW.

      (3)(a) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

      (i) Department of ecology;

      (ii) Department of fish and wildlife;

      (iii) Department of ((community, trade, and economic development)) commerce;

      (iv) Utilities and transportation commission; and

      (v) Department of natural resources.

      (b) The directors, administrators, or their designees, of the following departments, agencies, and commissions, or their statutory successors, may participate as councilmembers at their own discretion provided they elect to participate no later than sixty days after an application is filed:

      (i) Department of agriculture;

      (ii) Department of health;

      (iii) Military department; and

      (iv) Department of transportation.

      (c) Council membership is discretionary for agencies that choose to participate under (b) of this subsection only for applications that are filed with the council on or after May 8, 2001.  For applications filed before May 8, 2001, council membership is mandatory for those agencies listed in (b) of this subsection.

      (4)(a) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

(b) The council shall otherwise retain its independence in exercising its powers, functions, and duties and its supervisory control over nonadministrative staff support.  Membership, powers, functions, and duties of the Washington state utilities and transportation commission and the council shall otherwise remain as provided by law.

      (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

      (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.  The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

NEW SECTION.  Sec. 602.  (1) All administrative powers, duties, and functions of the department of commerce pertaining to the energy facility site evaluation council are transferred to the Washington utilities and transportation commission.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the chair or the Washington utilities and transportation commission when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington utilities and transportation commission.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the Washington utilities and transportation commission.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington utilities and transportation commission.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington utilities and transportation commission.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington utilities and transportation commission.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington utilities and transportation commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington utilities and transportation commission.  All existing contracts and obligations shall remain in full force and shall be performed by the Washington utilities and transportation commission.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the Washington utilities and transportation commission under this section whose positions are within an existing bargaining unit description at the Washington utilities and transportation commission shall become a part of the existing bargaining unit at the Washington utilities and transportation commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART VII

OFFICE OF FINANCIAL MANAGEMENT--LONG-TERM CARE OMBUDSMAN

 

Sec. 701.  RCW 43.190.030 and 1997 c 194 s 1 are each amended to read as follows:

      There is created the office of the state long-term care ombudsman.  The ((department of community, trade, and economic development)) office of financial management shall contract with a private nonprofit organization to provide long-term care ombudsman services as specified under, and consistent with, the federal older Americans act as amended, federal mandates, the goals of the state, and the needs of its citizens.  The ((department of community, trade, and economic development)) office of financial management shall ensure that all program and staff support necessary to enable the ombudsman to effectively protect the interests of residents, patients, and clients of all long-term care facilities is provided by the nonprofit organization that contracts to provide long-term care ombudsman services.  The ((department of community, trade, and economic development)) office of financial management shall adopt rules to carry out this chapter and the long-term care ombudsman provisions of the federal older Americans act, as amended, and applicable federal regulations.  The long-term care ombudsman program shall have the following powers and duties:

      (1) To provide services for coordinating the activities of long-term care ombudsmen throughout the state;

      (2) Carry out such other activities as the ((department of community, trade, and economic development)) office of financial management deems appropriate;

      (3) Establish procedures consistent with RCW 43.190.110 for appropriate access by long-term care ombudsmen to long-term care facilities and patients' records, including procedures to protect the confidentiality of the records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of the complainant or resident, or upon court order;

      (4) Establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the department of social and health services and to the federal department of health and human services, or its successor agency, on a regular basis; and

      (5) Establish procedures to assure that any files maintained by ombudsman programs shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:

      (a) Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or

      (b) Such disclosure is required by court order.

Sec. 702.  RCW 43.190.120 and 1983 c 290 s 12 are each amended to read as follows:

      It is the intent that federal requirements be complied with and the ((department)) office of financial management annually expend at least one percent of the state's allotment of social services funds from Title III B of the Older Americans Act of 1965, as it exists as of July 24, 1983, or twenty thousand dollars, whichever is greater to establish the state long-term care ombudsman program established by this chapter if funds are appropriated by the legislature.

NEW SECTION.  Sec. 703.  (1) All powers, duties, and functions of the department of commerce pertaining to the long-term care ombudsman program are transferred to the office of financial management.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the office of financial management when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of financial management.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the office of financial management.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of financial management.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of financial management.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of financial management.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of financial management to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of financial management.  All existing contracts and obligations shall remain in full force and shall be performed by the office of financial management.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the office of financial management under this section whose positions are within an existing bargaining unit description at the office of financial management shall become a part of the existing bargaining unit at the office of financial management and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART VIII

BUILDING CODE COUNCIL

 

Sec. 801.  RCW 19.27.070 and 1995 c 399 s 8 are each amended to read as follows:

      There is hereby established a state building code council to be appointed by the governor.

      (1) The state building code council shall consist of fifteen members, two of whom shall be county elected legislative body members or elected executives and two of whom shall be city elected legislative body members or mayors.  One of the members shall be a local government building code enforcement official and one of the members shall be a local government fire service official.  Of the remaining nine members, one member shall represent general construction, specializing in commercial and industrial building construction; one member shall represent general construction, specializing in residential and multifamily building construction; one member shall represent the architectural design profession; one member shall represent the structural engineering profession; one member shall represent the mechanical engineering profession; one member shall represent the construction building trades; one member shall represent manufacturers, installers, or suppliers of building materials and components; one member shall be a person with a physical disability and shall represent the disability community; and one member shall represent the general public.  At least six of these fifteen members shall reside east of the crest of the Cascade mountains.  The council shall include:  Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership.  Terms of office shall be for three years.  The council shall elect a member to serve as chair of the council for one-year terms of office.  Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment.  Before making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests listed in this subsection.  Members serving on the council on July 28, 1985, may complete their terms of office.  Any vacancy shall be filled by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted as required by this subsection.

      (2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      (3) The department of ((community, trade, and economic development)) general administration shall provide administrative and clerical assistance to the building code council.

Sec. 802.  RCW 19.27.097 and 1995 c 399 s 9 are each amended to read as follows:

      (1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building.  Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply.  In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency.  An application for a water right shall not be sufficient proof of an adequate water supply.

      (2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply.  The departments of health and ecology shall coordinate on the implementation of this section.  Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of ((community, trade, and economic development)) general administration to mediate or, if necessary, make the determination.

      (3) Buildings that do not need potable water facilities are exempt from the provisions of this section.  The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.

Sec. 803.  RCW 19.27.150 and 1995 c 399 s 10 are each amended to read as follows:

      Every month a copy of the United States department of commerce, bureau of the census' "report of building or zoning permits issued and local public construction" or equivalent report shall be transmitted by the governing bodies of counties and cities to the department of ((community, trade, and economic development)) general administration.

Sec. 804.  RCW 19.27A.020 and 2009 c 423 s 4 are each amended to read as follows:

      (1) The state building code council shall adopt rules to be known as the Washington state energy code as part of the state building code.

      (2) The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code.  The Washington state energy code shall be designed to:

      (a) Construct increasingly energy efficient homes and buildings that help achieve the broader goal of building zero fossil-fuel greenhouse gas emission homes and buildings by the year 2031;

      (b) Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and

      (c) Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.

      (3) The Washington state energy code shall take into account regional climatic conditions.  Climate zone 1 shall include all counties not included in climate zone 2.  Climate zone 2 includes:  Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

      (4) The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.

      (5) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 2006 edition, or as amended by the council by rule.

      (6)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.

      (b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990.  Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.

      (7) The state building code council shall consult with the department of ((community, trade, and economic development)) general administration as provided in RCW 34.05.310 prior to publication of proposed rules.  The director of the department of ((community, trade, and economic development)) general administration shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.

      (8) The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.

      (9) The definitions in RCW 19.27A.140 apply throughout this section.

Sec. 805.  RCW 19.27A.140 and 2009 c 423 s 2 are each amended to read as follows:

      The definitions in this section apply to RCW 19.27A.130 through 19.27A.190 and 19.27A.020 unless the context clearly requires otherwise.

      (1) "Benchmark" means the energy used by a facility as recorded monthly for at least one year and the facility characteristics information inputs required for a portfolio manager.

      (2) "Conditioned space" means conditioned space, as defined in the Washington state energy code.

      (3) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.

      (4) "Cost-effectiveness" means that a project or resource is forecast:

      (a) To be reliable and available within the time it is needed; and

      (b) To meet or reduce the power demand of the intended consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource, or any combination thereof.

      (5) "Council" means the state building code council.

      (6) (("Department" means the department of community, trade, and economic development.
      (7))) "Embodied energy" means the total amount of fossil fuel energy consumed to extract raw materials and to manufacture, assemble, transport, and install the materials in a building and the life-cycle cost benefits including the recyclability and energy efficiencies with respect to building materials, taking into account the total sum of current values for the costs of investment, capital, installation, operating, maintenance, and replacement as estimated for the lifetime of the product or project.

      (((8))) (7) "Energy consumption data" means the monthly amount of energy consumed by a customer as recorded by the applicable energy meter for the most recent twelve-month period.

      (((9))) (8) "Energy service company" has the same meaning as in RCW 43.19.670.

      (((10))) (9) "General administration" means the department of general administration.

      (((11))) (10) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

      (((12))) (11) "Investment grade energy audit" means an intensive engineering analysis of energy efficiency and management measures for the facility, net energy savings, and a cost-effectiveness determination.

      (((13))) (12) "Investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing either electricity or natural gas, or both, to more than one retail electric customer in the state.

      (((14))) (13) "Major facility" means any publicly owned or leased building, or a group of such buildings at a single site, having ten thousand square feet or more of conditioned floor space.

      (((15))) (14) "National energy performance rating" means the score provided by the energy star program, to indicate the energy efficiency performance of the building compared to similar buildings in that climate as defined in the United States environmental protection agency "ENERGY STAR® Performance Ratings Technical Methodology."

      (((16))) (15) "Net zero energy use" means a building with net energy consumption of zero over a typical year.

      (((17))) (16) "Portfolio manager" means the United States environmental protection agency's energy star portfolio manager or an equivalent tool adopted by the department of general administration.

      (((18))) (17) "Preliminary energy audit" means a quick evaluation by an energy service company of the energy savings potential of a building.

      (((19))) (18) "Qualifying public agency" includes all state agencies, colleges, and universities.

      (((20))) (19) "Qualifying utility" means a consumer-owned or investor-owned gas or electric utility that serves more than twenty-five thousand customers in the state of Washington.

      (((21))) (20) "Reporting public facility" means any of the following:

      (a) A building or structure, or a group of buildings or structures at a single site, owned by a qualifying public agency, that exceed ten thousand square feet of conditioned space;

      (b) Buildings, structures, or spaces leased by a qualifying public agency that exceeds ten thousand square feet of conditioned space, where the qualifying public agency purchases energy directly from the investor-owned or consumer-owned utility;

      (c) A wastewater treatment facility owned by a qualifying public agency; or

      (d) Other facilities selected by the qualifying public agency.

      (((22))) (21) "State portfolio manager master account" means a portfolio manager account established to provide a single shared portfolio that includes reports for all the reporting public facilities.

Sec. 806.  RCW 19.27A.150 and 2009 c 423 s 3 are each amended to read as follows:

      (1) To the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and implement a strategic plan for enhancing energy efficiency in and reducing greenhouse gas emissions from homes, buildings, districts, and neighborhoods.  The strategic plan must be used to help direct the future code increases in RCW 19.27A.020, with targets for new buildings consistent with RCW 19.27A.160.  The strategic plan will identify barriers to achieving net zero energy use in homes and buildings and identify how to overcome these barriers in  future energy code updates and through complementary policies.

      (2) The department of commerce must complete and release the strategic plan to the legislature and the council by December 31, 2010, and update the plan every three years.

      (3) The strategic plan must include recommendations to the council on energy code upgrades.  At a minimum, the strategic plan must: 

      (a) Consider development of aspirational codes separate from the state energy code that contain economically and technically feasible optional standards that could achieve higher energy efficiency for those builders that elected to follow the aspirational codes in lieu of or in addition to complying with the standards set forth in the state energy code;

      (b) Determine the appropriate methodology to measure achievement of state energy code targets using the United States environmental protection agency's target finder program or equivalent methodology;

      (c) Address the need for enhanced code training and enforcement;

      (d) Include state strategies to support research, demonstration,  and education programs designed to achieve a seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160 and enhance energy efficiency and on-site renewable energy production in buildings;

      (e) Recommend incentives, education, training programs and certifications, particularly state-approved training or certification programs, joint apprenticeship programs, or labor-management partnership programs that train workers for energy-efficiency projects to ensure proposed programs are designed to increase building professionals' ability to design, construct, and operate buildings that will meet the seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160;

      (f) Address barriers for utilities to serve net zero energy homes and buildings and policies to overcome those barriers;

      (g) Address the limits of a prescriptive code in achieving net zero energy use homes and buildings and propose a transition to performance-based codes;

      (h) Identify financial mechanisms such as tax incentives, rebates, and innovative financing to motivate energy consumers to take action to increase energy efficiency and their use of on-site renewable energy.  Such incentives, rebates, or financing options may consider the role of government programs as well as utility-sponsored programs;

      (i) Address the adequacy of education and technical assistance, including school curricula, technical training, and peer-to-peer exchanges for professional and trade audiences;

      (j) Develop strategies to develop and install district and neighborhood-wide energy systems that help meet net zero energy use in homes and buildings;

      (k) Identify costs and benefits of energy efficiency measures on residential and nonresidential construction; and

      (l) Investigate methodologies and standards for the measurement of the amount of embodied energy used in building materials.

      (4) The department of commerce and the council shall convene a work group with the affected parties to inform the initial development of the strategic plan.

Sec. 807.  RCW 19.27A.180 and 2009 c 423 s 7 are each amended to read as follows:

      By December 31, 2009, to the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and recommend to the legislature a methodology to determine an energy performance score for residential buildings and an implementation strategy to use such information to improve the energy efficiency of the state's existing housing supply.  In developing its strategy, the department of commerce shall seek input from providers of residential energy audits, utilities, building contractors, mixed use developers, the residential real estate industry, and real estate listing and form providers.

NEW SECTION.  Sec. 808.  (1) All powers, duties, and functions of the department of commerce pertaining to administrative and support services for the state building code council are transferred to the department of general administration.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the department of general administration when referring to the functions transferred in this section.  Policy and planning assistance functions performed by the department of commerce remain with the department of commerce.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of general administration.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of general administration.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of general administration.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of general administration.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of general administration.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of general administration to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of general administration.  All existing contracts and obligations shall remain in full force and shall be performed by the department of general administration.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of general administration under this section whose positions are within an existing bargaining unit description at the department of general administration shall become a part of the existing bargaining unit at the department of general administration and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART IX

DEPARTMENT OF COMMERCE--ENERGY POLICY

 

Sec. 901.  RCW 43.21F.010 and 1975-'76 2nd ex.s. c 108 s 1 are each amended to read as follows:

(1) The legislature finds that the state needs to implement a comprehensive energy planning process that:
      (a) Is based on high quality, unbiased analysis;
      (b) Engages public agencies and stakeholders in a thoughtful, deliberative process that creates a cohesive plan that earns sustained support of the public and organizations and institutions that will ultimately be responsible for implementation and execution of the plan; and
      (c) Establishes policies and practices needed to ensure the effective implementation of the strategy.
      (2) The legislature further finds that energy drives the entire modern economy from petroleum for vehicles to electricity to light homes and power businesses.  The legislature further finds that the nation and the world have started the transition to a clean energy economy, with significant improvements in energy efficiency and investments in new clean and renewable energy resources and technologies.  The legislature further finds this transition may increase energy costs and it is imperative this increase be mitigated for Washington's energy cost advantage.
      (3) The legislature finds and declares that it is the continuing purpose of state government, consistent with other essential considerations of state policy, to foster wise and efficient energy use and to promote energy self-sufficiency through the use of indigenous and renewable energy sources, consistent with the promotion of reliable energy sources, the general welfare, and the protection of environmental quality.

(4) The legislature further declares that a successful state energy strategy must balance three goals to:
      (a) Maintain competitive energy prices that are fair and reasonable for consumers and businesses and support our state's continued economic success;
      (b) Increase competitiveness by fostering a clean energy economy and jobs through business and workforce development; and
      (c) Meet the state's obligations to reduce greenhouse gas emissions.

Sec. 902.  RCW 43.21F.025 and 2009 c 565 s 27 are each reenacted and amended to read as follows:

      (1) "Assistant director" means the assistant director of the department of commerce responsible for energy policy activities;

      (2) "Department" means the department of commerce;

      (3) "Director" means the director of the department of commerce;

      (4) "Distributor" means any person, private corporation, partnership, individual proprietorship, utility, including investor-owned utilities, municipal utility, public utility district, joint operating agency, or cooperative, which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state;

      (5) "Energy" means petroleum or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material; electricity; solar radiation; geothermal resources; hydropower; organic waste products; wind; tidal activity; any other substance or process used to produce heat, light, or motion; or the savings from nongeneration technologies, including conservation or improved efficiency in the usage of any of the sources described in this subsection;

      (6) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency, or any other entity, public or private, however organized; and

      (7) "State energy strategy" means the document ((and energy policy direction)) developed ((under section 1, chapter 201, Laws of 1991 including any related appendices)) and updated by the department as allowed in RCW 43.21F.090.

NEW SECTION.  Sec. 903.  A new section is added to chapter 43.21F RCW to read as follows:

      (1) The state shall use the following principles to guide development and implementation of the state's energy strategy and to meet the goals of RCW 43.21F.010:

      (a) Pursue all cost-effective energy efficiency and conservation as the state's preferred energy resource, consistent with state law;

      (b) Ensure that the state's energy system meets the health, welfare, and economic needs of its citizens with particular emphasis on meeting the needs of low-income and vulnerable populations;

      (c) Maintain and enhance economic competitiveness by ensuring an affordable and reliable supply of energy resources and by supporting clean energy technology innovation, access to clean energy markets worldwide, and clean energy business and workforce development;

      (d) Reduce dependence on fossil fuel energy sources through improved efficiency and development of cleaner energy sources, such as bioenergy, low-carbon energy sources, and natural gas, and leveraging the indigenous resources of the state for the production of clean energy;

      (e) Improve efficiency of transportation energy use through advances in vehicle technology, increased system efficiencies, development of electricity, biofuels, and other clean fuels, and regional transportation planning to improve transportation choices;

      (f) Meet the state's statutory greenhouse gas limits and environmental requirements as the state develops and uses energy resources;

      (g) Build on the advantage provided by the state's clean regional electrical grid by expanding and integrating additional carbon-free and carbon-neutral generation, and improving the transmission capacity serving the state;

      (h) Make state government a model for energy efficiency, use of clean and renewable energy, and greenhouse gas-neutral operations; and

      (i) Maintain and enhance our state's existing energy infrastructure.

      (2) The department shall:

      (a) During energy shortage emergencies, give priority in the allocation of energy resources to maintaining the public health, safety, and welfare of the state's citizens and industry in order to minimize adverse impacts on their physical, social, and economic well-being;

      (b) Develop and disseminate impartial and objective energy information and analysis, while taking full advantage of the capabilities of the state's institutions of higher education, national laboratory, and other organizations with relevant expertise and analytical capabilities;

      (c) Actively seek to maximize federal and other nonstate funding and support to the state for energy efficiency, renewable energy, emerging energy technologies, and other activities of benefit to the state's overall energy future; and

      (d) Monitor the actions of all agencies of the state for consistent implementation of the state's energy policy including applicable statutory policies and goals relating to energy supply and use.

Sec. 904.  RCW 43.21F.090 and 1996 c 186 s 106 are each amended to read as follows:

(1) By December 1, 2010, the department ((shall review the state energy strategy as developed under section 1, chapter 201, Laws of 1991, periodically with the guidance of an advisory committee.  For each review, an advisory committee shall be established with a membership resembling as closely as possible the original energy strategy advisory committee specified under section 1, chapter 201, Laws of 1991.  Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, a written report shall be conveyed by the department to the governor and the appropriate legislative committees.  Any advisory committee established under this section shall be dissolved within three months after their written report is conveyed.)) of commerce shall update and revise the state energy strategy and implementation report with the guidance of an advisory committee formed under subsection (4) of this section.  By December 1, 2011, and at least every five years thereafter, the department shall produce a fully updated state energy strategy and implementation report with the guidance of an advisory committee formed under subsection (4) of this section.
      (2)(a) The strategy shall, to the maximum extent feasible, examine the state's entire energy system.
      (b) In producing and updating the energy strategy, the department and advisory committee shall review related processes and documents relevant to a state energy strategy including, but not limited to, prior state energy strategies, the work of the clean energy leadership council, the climate advisory and action teams, the evergreen jobs committee, and reports of the state transportation planning commission, the economic development commission, and the Northwest power and conservation council.
      (c) The strategy must build upon and be consistent with all relevant and applicable statutorily authorized energy, environmental, and other policies, goals, and programs.
      (d) The strategy must identify administrative actions, regulatory coordination, and legislative recommendations that need to be undertaken to ensure that the energy strategy is implemented and operationally supported by all state agencies, regulatory bodies, and other organizations responsible for implementation of energy policy in the state.
      (3) In order to facilitate high quality decision making, the director of the department shall engage a group of scientific, engineering, economic, and other experts in energy analysis.
      (a) This group shall be comprised of representatives from the following institutions:
      (i) Research institutions of higher education;
      (ii) The Pacific Northwest national laboratory;
      (iii) The Northwest power planning and conservation council;
and
      (iv) Other private, public, and nonprofit organizations that have a recognized expertise in engineering or economic analysis.
      (b) This group will:
      (i) Identify near and long-term analytical needs and capabilities necessary to develop a state energy strategy;
      (ii) Provide unbiased information about the state and region's energy portfolio, future energy needs, scenarios for growth, and improved productivity.
      (c) The department and advisory committee shall use this information in updating the state energy strategy.
      (4)(a) In order to update the state strategy, the department shall form an advisory committee.  The director shall appoint the advisory committee with a membership reflecting a balance of the interests in energy generation, distribution, and consumption, and economic development including:  Residential, commercial, industrial, and agricultural users; electric and natural gas utilities or organizations, both consumer-owned and investor-owned; liquid fuel and natural gas industries; local governments; civic and environmental organizations; clean energy companies; energy research and development organizations, economic development organizations, and key public agencies; and other interested stakeholders.  Any advisory committee established under this section must be dissolved within three months after the written report is conveyed.  The department and advisory committee shall work with stakeholders and other state agencies to develop the strategy.
      (b) Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, the department shall present a written report to the governor and legislature which may include specific actions that will be needed to implement the strategy.  The legislature shall, by concurrent resolution, approve or recommend changes to the strategy and updates.
      (5) The department may periodically review and update the state energy strategy as necessary.  The department shall engage an advisory committee as required in this section when updating the strategy and present any updates to the legislature for its approval.
      (6) To assist in updates of the state energy strategy, the department shall actively seek both in-kind and financial support for this process from other nonstate sources.  In order to avoid competition among Washington state agencies, the department shall coordinate the search for such external support.  The department shall develop a work plan for updating the energy strategy that reflects the levels of activities and deliverables commensurate with the level of funding and in-kind support available from state and nonstate sources.

NEW SECTION.  Sec. 905.  RCW 43.21F.015 (State policy) and 1994 c 207 s 3 & 1981 c 295 s 1 are each repealed.

 

PART X

CRIMINAL JUSTICE TRAINING COMMISSION--SUBSTANCE ABUSE PROGRAM

 

Sec. 1001.  RCW 36.27.100 and 1995 c 399 s 41 are each amended to read as follows:

      The legislature recognizes that, due to the magnitude or volume of offenses in a given area of the state, there is a recurring need for supplemental assistance in the prosecuting of drug and drug-related offenses that can be directed to the area of the state with the greatest need for short-term assistance.  A statewide drug prosecution assistance program is created within the ((department of community, trade, and economic development)) criminal justice training commission to assist county prosecuting attorneys in the prosecution of drug and drug-related offenses.

NEW SECTION.  Sec. 1002.  (1) All powers, duties, and functions of the department of commerce pertaining to the drug prosecution assistance program are transferred to the criminal justice training commission.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the criminal justice training commission when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the criminal justice training commission.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the criminal justice training commission.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the criminal justice training commission.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the criminal justice training commission.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the criminal justice training commission.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the criminal justice training commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the criminal justice training commission.  All existing contracts and obligations shall remain in full force and shall be performed by the criminal justice training commission.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the criminal justice training commission under this section whose positions are within an existing bargaining unit description at the criminal justice training commission shall become a part of the existing bargaining unit at the criminal justice training commission  and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART XI

MUNICIPAL RESEARCH COUNCIL

 

Sec. 1101.  RCW 43.110.030 and 2000 c 227 s 3 are each amended to read as follows:

(1) The ((municipal research council)) department of commerce shall contract for the provision of municipal research and services to cities, towns, and counties.  Contracts for municipal research and services shall be made with state agencies, educational institutions, or private consulting firms, that in the judgment of ((council members)) the department are qualified to provide such research and services.  Contracts for staff support may be made with state agencies, educational institutions, or private consulting firms that in the judgment of the ((council members)) department are qualified to provide such support.

(2) Municipal research and services shall consist of:

      (((1))) (a) Studying and researching city, town, and county government and issues relating to city, town, and county government;

      (((2))) (b) Acquiring, preparing, and distributing publications related to city, town, and county government and issues relating to city, town, and county government;

      (((3))) (c) Providing educational conferences relating to city, town, and county government and issues relating to city, town, and county government; and

      (((4))) (d) Furnishing legal, technical, consultative, and field services to cities, towns, and counties concerning planning, public health, utility services, fire protection, law enforcement, public works, and other issues relating to city, town, and county government.

(3) Requests for legal services by county officials shall be sent to the office of the county prosecuting attorney.  Responses by the ((municipal research council)) department of commerce to county requests for legal services shall be provided to the requesting official and the county prosecuting attorney.

(4) The ((activities, programs, and services of the municipal research council shall be carried on in cooperation)) department of commerce shall coordinate with the association of Washington cities and the Washington state association of counties in carrying out the activities in this section.  Services to cities and towns shall be based upon the moneys appropriated to the ((municipal research council)) department from the city and town research services account under RCW 43.110.060.  Services to counties shall be based upon the moneys appropriated to the ((municipal research council)) department from the county research services account under RCW 43.110.050.

Sec. 1102.  RCW 43.110.060 and 2002 c 38 s 4 are each amended to read as follows:

      The city and town research services account is created in the state treasury.  Moneys in the account shall consist of amounts transferred under RCW 66.08.190(2) and any other transfers or appropriations to the account.  Moneys in the account may be spent only after an appropriation.  Expenditures from the account may be used only for city and town research.

      All unobligated moneys remaining in the account at the end of the fiscal biennium shall be distributed by the treasurer to the incorporated cities and towns of the state in the same manner as the distribution under RCW 66.08.190(1)(b)(iii).

      ((The treasurer may disburse amounts appropriated to the municipal research council from the city and town research services account by warrant or check to the contracting parties on invoices or vouchers certified by the chair of the municipal research council or his or her designee.))  Payments to public agencies may be made in advance of actual work contracted for, at the discretion of the ((council)) department of commerce.

Sec. 1103.  RCW 43.110.080 and 2006 c 328 s 1 are each amended to read as follows:

      (1) The ((municipal research council)) department of commerce shall contract for the provision of research and services to special purpose districts.  A contract shall be made with a state agency, educational institution, or private consulting firm, that in the judgment of ((council members)) the department is qualified to provide such research and services.

      (2) Research and services to special purpose districts shall consist of:

      (a) Studying and researching issues relating to special purpose district government;

      (b) Acquiring, preparing, and distributing publications related to special purpose districts; and

      (c) Furnishing legal, technical, consultative, and field services to special purpose districts concerning issues relating to special purpose district government.

      (3) The ((activities, programs, and services of the municipal research council to special purpose districts shall be carried on in cooperation)) department of commerce shall coordinate with the associations representing the various special purpose districts with respect to carrying out the activities in this section.  Services to special purpose districts shall be based upon the moneys appropriated to the ((municipal research council)) department of commerce from the special purpose district research services account under RCW 43.110.090.

Sec. 1104.  RCW 43.15.020 and 2009 c 560 s 27 are each amended to read as follows:

      The lieutenant governor serves as president of the senate and is responsible for making appointments to, and serving on, the committees and boards as set forth in this section.

      (1) The lieutenant governor serves on the following boards and committees:

      (a) Capitol furnishings preservation committee, RCW 27.48.040;

      (b) Washington higher education facilities authority, RCW 28B.07.030;

      (c) Productivity board, also known as the employee involvement and recognition board, RCW 41.60.015;

      (d) State finance committee, RCW 43.33.010;

      (e) State capitol committee, RCW 43.34.010;

      (f) Washington health care facilities authority, RCW 70.37.030;

      (g) State medal of merit nominating committee, RCW 1.40.020;

      (h) Medal of valor committee, RCW 1.60.020; and

      (i) Association of Washington generals, RCW 43.15.030.

      (2) The lieutenant governor, and when serving as president of the senate, appoints members to the following boards and committees:

      (a) Civil legal aid oversight committee, RCW 2.53.010;

      (b) Office of public defense advisory committee, RCW 2.70.030;

      (c) Washington state gambling commission, RCW 9.46.040;

      (d) Sentencing guidelines commission, RCW 9.94A.860;

      (e) State building code council, RCW 19.27.070;

      (f) Women's history consortium board of advisors, RCW 27.34.365;

      (g) Financial ((literacy)) education public-private partnership, RCW 28A.300.450;

      (h) Joint administrative rules review committee, RCW 34.05.610;

      (i) Capital projects advisory review board, RCW 39.10.220;

      (j) Select committee on pension policy, RCW 41.04.276;

      (k) Legislative ethics board, RCW 42.52.310;

      (l) Washington citizens' commission on salaries, RCW 43.03.305;

      (m) Legislative oral history committee, RCW 44.04.325;

      (n) State council on aging, RCW 43.20A.685;

      (o) State investment board, RCW 43.33A.020;

      (p) Capitol campus design advisory committee, RCW 43.34.080;

      (q) Washington state arts commission, RCW 43.46.015;

      (r) Information services board, RCW 43.105.032;

      (s) K-20 educational network board, RCW 43.105.800;

      (t) ((Municipal research council, RCW 43.110.010;
      (u))) Council for children and families, RCW 43.121.020;

      (((v))) (u) PNWER-Net working subgroup under chapter 43.147 RCW;

      (((w))) (v) Community economic revitalization board, RCW 43.160.030;

      (((x))) (w) Washington economic development finance authority, RCW 43.163.020;

      (((y))) (x) Life sciences discovery fund authority, RCW 43.350.020;

      (((z))) (y) Legislative children's oversight committee, RCW 44.04.220;

      (((aa))) (z) Joint legislative audit and review committee, RCW 44.28.010;

      (((bb))) (aa) Joint committee on energy supply and energy conservation, RCW 44.39.015;

      (((cc))) (bb) Legislative evaluation and accountability program committee, RCW 44.48.010;

      (((dd))) (cc) Agency council on coordinated transportation, RCW 47.06B.020;

      (((ee))) (dd) Manufactured housing task force, RCW 59.22.090;

      (((ff))) (ee) Washington horse racing commission, RCW 67.16.014;

      (((gg))) (ff) Correctional industries board of directors, RCW 72.09.080;

      (((hh))) (gg) Joint committee on veterans' and military affairs, RCW 73.04.150;

      (((ii))) (hh) Joint legislative committee on water supply during drought, RCW 90.86.020;

      (((jj))) (ii) Statute law committee, RCW 1.08.001; and

      (((kk))) (jj) Joint legislative oversight committee on trade policy, RCW 44.55.020.

Sec. 1105.  RCW 35.21.185 and 1995 c 21 s 1 are each amended to read as follows:

      (1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation.

      (2) For the purposes of this section, (a) "clerk" means the city or town clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "((municipal research council)) department" means the ((municipal research council created by chapter 43.110 RCW)) department of commerce.

      (3) The clerk of every city and town is directed to provide to the ((municipal research council)) department or its designee, promptly after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the ((municipal research council)) department or its designee from time to time, and may provide such copies without charge.  The ((municipal research council)) department may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.

      (4) This section is intended to be directory and not mandatory.

Sec. 1106.  RCW 35.102.040 and 2006 c 301 s 7 are each amended to read as follows:

      (1)(a) The cities, working through the association of Washington cities, shall form a model ordinance development committee made up of a representative sampling of cities that as of July 27, 2003, impose a business and occupation tax.  This committee shall work through the association of Washington cities to adopt a model ordinance on municipal gross receipts business and occupation tax.  The model ordinance and subsequent amendments shall be adopted using a process that includes opportunity for substantial input from business stakeholders and other members of the public.  Input shall be solicited from statewide business associations and from local chambers of commerce and downtown business associations in cities that levy a business and occupation tax.

      (b) The ((municipal research council)) department of commerce shall contract to post the model ordinance on an internet web site and to make paper copies available for inspection upon request.  The department of revenue and the department of licensing shall post copies of or links to the model ordinance on their internet web sites.  Additionally, a city that imposes a business and occupation tax must make copies of its ordinance available for inspection and copying as provided in chapter 42.56 RCW.

      (c) The definitions and tax classifications in the model ordinance may not be amended more frequently than once every four years, however the model ordinance may be amended at any time to comply with changes in state law.  Any amendment to a mandatory provision of the model ordinance must be adopted with the same effective date by all cities.

      (2) A city that imposes a business and occupation tax must adopt the mandatory provisions of the model ordinance.  The following provisions are mandatory:

      (a) A system of credits that meets the requirements of RCW 35.102.060 and a form for such use;

      (b) A uniform, minimum small business tax threshold of at least the equivalent of twenty thousand dollars in gross income annually.  A city may elect to deviate from this requirement by creating a higher threshold or exemption but it shall not deviate lower than the level required in this subsection.  If a city has a small business threshold or exemption in excess of that provided in this subsection as of January 1, 2003, and chooses to deviate below the threshold or exemption level that was in place as of January 1, 2003, the city must notify all businesses licensed to do business within the city at least one hundred twenty days prior to the potential implementation of a lower threshold or exemption amount;

      (c) Tax reporting frequencies that meet the requirements of RCW 35.102.070;

      (d) Penalty and interest provisions that meet the requirements of RCW 35.102.080 and 35.102.090;

      (e) Claim periods that meet the requirements of RCW 35.102.100;

      (f) Refund provisions that meet the requirements of RCW 35.102.110; and

      (g) Definitions, which at a minimum, must include the definitions enumerated in RCW 35.102.030 and 35.102.120.  The definitions in chapter 82.04 RCW shall be used as the baseline for all definitions in the model ordinance, and any deviation in the model ordinance from these definitions must be described by a comment in the model ordinance.

      (3) Except for the deduction required by RCW 35.102.160 and the system of credits developed to address multiple taxation under subsection (2)(a) of this section, a city may adopt its own provisions for tax exemptions, tax credits, and tax deductions.

      (4) Any city that adopts an ordinance that deviates from the nonmandatory provisions of the model ordinance shall make a description of such differences available to the public, in written and electronic form.

Sec. 1107.  RCW 36.70B.220 and 2005 c 274 s 272 are each amended to read as follows:

      (1) Each county and city having populations of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants.  An existing employee may be designated as the permit assistance staff.

      (2) Permit assistance staff designated under this section shall:

      (a) Make available to permit applicants all current local government regulations and adopted policies that apply to the subject application.  The local government shall provide counter copies thereof and, upon request, provide copies according to chapter 42.56 RCW.  The staff shall also publish and keep current one or more handouts containing lists and explanations of all local government regulations and adopted policies;

      (b) Establish and make known to the public the means of obtaining the handouts and related information; and

      (c) Provide assistance regarding the application of the local government's regulations in particular cases.

      (3) Permit assistance staff designated under this section may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of this section from the ((municipal research council and the department of community, trade, and economic development)) department of commerce.

NEW SECTION.  Sec. 1108.  The following acts or parts of acts are each repealed:

      (1) RCW 43.110.010 (Council created‑-Membership‑-Terms‑-Travel expenses) and 2001 c 290 s 1, 1997 c 437 s 1, 1990 c 104 s 1, 1983 c 22 s 1, 1975-'76 2nd ex.s. c 34 s 129, 1975 1st ex.s. c 218 s 1, & 1969 c 108 s 2;

      (2) RCW 43.110.040 (Local government regulation and policy handouts‑-Technical assistance) and 1996 c 206 s 10; and

      (3) RCW 43.110.070 (Hazardous liquid and gas pipeline‑-Model ordinance and franchise agreement) and 2000 c 191 s 8.

NEW SECTION.  Sec. 1109.  (1) The municipal research council is hereby abolished and its powers, duties, and functions are hereby transferred to the department of commerce.  All references to the municipal research council in the Revised Code of Washington shall be construed to mean the department of commerce.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the municipal research council shall be delivered to the custody of the department of commerce.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the municipal research council shall be made available to the department of commerce.  All funds, credits, or other assets held by the municipal research council shall be assigned to the department of commerce.

      (b) Any appropriations made to the municipal research council shall, on the effective date of this section, be transferred and credited to the department of commerce.

      (c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All rules and all pending business before the municipal research council shall be continued and acted upon by the department of commerce.  All existing contracts and obligations shall remain in full force and shall be performed by the department of commerce.

      (4) The transfer of the powers, duties, and functions of the municipal research council shall not affect the validity of any act performed before the effective date of this section.

      (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

 

PART XII

MISCELLANEOUS PROVISIONS

 

Sec. 1201.  RCW 41.06.070 and 2009 c 33 s 36 and 2009 c 5 s 1 are each reenacted and amended to read as follows:

      (1) The provisions of this chapter do not apply to:

      (a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;

      (b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

      (c) Officers, academic personnel, and employees of technical colleges;

      (d) The officers of the Washington state patrol;

      (e) Elective officers of the state;

      (f) The chief executive officer of each agency;

      (g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;

      (h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

      (i) All members of such boards, commissions, or committees;

      (ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer:  The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;

      (iii) If the members of the board, commission, or committee serve on a full-time basis:  The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;

      (iv) If all members of the board, commission, or committee serve ex officio:  The chief executive officer; and the confidential secretary of such chief executive officer;

      (i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

      (j) Assistant attorneys general;

      (k) Commissioned and enlisted personnel in the military service of the state;

      (l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;

      (m) The public printer or to any employees of or positions in the state printing plant;

      (n) Officers and employees of the Washington state fruit commission;

      (o) Officers and employees of the Washington apple commission;

      (p) Officers and employees of the Washington state dairy products commission;

      (q) Officers and employees of the Washington tree fruit research commission;

      (r) Officers and employees of the Washington state beef commission;

      (s) Officers and employees of the Washington grain commission;

      (t) Officers and employees of any commission formed under chapter 15.66 RCW;

      (u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;

      (v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

      (w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

      (x) In each agency with fifty or more employees:  Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;

      (y) All employees of the marine employees' commission;

      (z) Staff employed by the department of ((community, trade, and economic development)) commerce to administer ((energy)) innovation and policy functions ((and manage));
      (aa) The manager of the energy site evaluation council ((activities under RCW 43.21F.045(2)(m))); and

      (((aa))) (bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5).

      (2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

      (a) Members of the governing board of each institution of higher education and related boards, all presidents, vice presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;

      (b) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board:  PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;

      (c) Printing craft employees in the department of printing at the University of Washington.

      (3) In addition to the exemptions specifically provided by this chapter, the director of personnel may provide for further exemptions pursuant to the following procedures.  The governor or other appropriate elected official may submit requests for exemption to the director of personnel stating the reasons for requesting such exemptions.  The director of personnel shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection.  If the director determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the director of personnel shall grant the request and such determination shall be final as to any decision made before July 1, 1993.  The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor.

      The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v) and (y) and (2) of this section, shall be determined by the director of personnel.  Changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.

      For the twelve months following February 18, 2009, a salary or wage increase shall not be granted to any position exempt from classification under this chapter.

      Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights:  If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

      A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

NEW SECTION.  Sec. 1202.  RCW 43.63A.150 is decodified.

NEW SECTION.  Sec. 1203.  This act takes effect July 1, 2010."

      On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.330.005, 43.330.007, 70.05.125, 43.270.020, 43.270.070, 43.270.080, 43.330.210, 43.330.240, 82.14.400, 43.63A.305, 43.63A.307, 43.63A.311, 43.63A.313, 9.94A.8673, 43.63A.720, 43.63A.735, 43.280.011, 43.280.020, 43.280.060, 43.280.070, 43.280.080, 43.280.090, 74.14B.060, 80.50.030, 43.190.030, 43.190.120, 19.27.070, 19.27.097, 19.27.150, 19.27A.020, 19.27A.140, 19.27A.150, 19.27A.180, 43.21F.010, 43.21F.025, 43.21F.090, 36.27.100, 43.110.030, 43.110.060, 43.110.080, 43.15.020, 35.21.185, 35.102.040, and 36.70B.220; reenacting and amending RCW 70.125.030 and 41.06.070; adding new sections to chapter 43.70 RCW; adding new sections to chapter 43.20A RCW; adding new sections to chapter 43.22 RCW; adding a new section to chapter 43.21F RCW; creating new sections; recodifying RCW 43.330.195, 43.330.200, 43.330.205, 43.330.210, 43.330.220, 43.330.225, 43.330.230, 43.330.240, 43.63A.305, 43.63A.307, 43.63A.309, 43.63A.311, 43.63A.313, 43.63A.315, 43.63A.720, 43.63A.725, 43.63A.730, 43.63A.735, and 43.63A.740; decodifying RCW 43.280.081 and 43.63A.150; repealing RCW 43.21F.015, 43.110.010, 43.110.040, and 43.110.070; and providing an effective date."

The President declared the question before the Senate to be the motion by Senator Kastama to not adopt the committee striking amendment by the Committee on Ways & Means to Engrossed Second Substitute House Bill No. 2658.

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

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 43.330.007 and 2009 c 565 s 1 are each amended to read as follows:

      (1)(a) In 2009, the legislature changed the name of the department of community, trade, and economic development to the department of commerce and directed the agency to, among other things, develop a report with recommendations on statutory changes to ensure that the department's efforts:  Are organized around a concise core mission and aligned with the state's comprehensive plan for economic development; generate greater local capacity; maximize results through partnerships and the use of intermediaries; and provide transparency and increased accountability.  Recommendations for creating or consolidating programs deemed important to meeting the department's core mission and recommendations for terminating or transferring specific programs if they are not consistent with the department's core mission were to be included in the report.
      (b) In accordance with that legislation, chapter 565, Laws of 2009, in November 2009 the department of commerce submitted a plan that establishes a mission of growing and improving jobs in the state and recognizes the need for an innovation-driven economy.  The plan also outlines agency priorities, efficiencies, and program transfers that will help to advance the new mission.
      (c) The primary purpose of this act is to implement portions of the department of commerce plan by transferring certain programs from the department of commerce to other state agencies whose missions are more closely aligned with the core functions of those programs.  This act also directs additional efficiencies in state government and directs development of a statewide clean energy strategy, which will better enable the department of commerce to focus on its new mission.
      (2)(a) The legislature finds that the long-term economic health of the state and its citizens depends upon the strength and vitality of its communities and businesses.  It is the intent of this chapter to create a department of commerce that fosters new partnerships for strong and sustainable communities.  The mission of the department is to grow and improve jobs in Washington and facilitate innovation.  To carry out its mission, the department will bring together focused efforts to:  Streamline access to business assistance and economic development services by providing them thorough sector-based, cluster-based, and regional partners; provide focused and flexible responses to changing economic conditions; generate greater local capacity to respond to both economic growth and environmental challenges; increase accountability to the public, the executive branch, and the legislature; manage growth and achieve sustainable development; diversify the state's economy and export goods and services; provide greater access to economic opportunity; stimulate private sector investment and entrepreneurship; provide stable family-wage jobs and meet the diverse needs of families; provide affordable housing and housing services; and construct public infrastructure.
      (b) The legislature further finds that as a result of the rapid pace of global social and economic change, the state and local communities will require coordinated and creative responses by every segment of the community.  The state can play a role in assisting such local efforts by reorganizing state assistance efforts to promote such partnerships.  The department has a primary responsibility to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents.  It is the intent of the legislature in creating the department to maximize the use of local expertise and resources in the delivery of community and economic development services.
      (3) The purpose of this chapter is to establish the broad outline of the structure of the department of commerce, leaving specific details of its internal organization and management to those charged with its administration.  This chapter identifies the broad functions and responsibilities of the department and is intended to provide flexibility to the director to reorganize these functions to more closely reflect its customers, its mission, and its priorities, and to make recommendations for changes.

      (4) In order to generate greater local capacity, maximize results through partnerships and the use of intermediaries, and leverage the use of state resources, the department shall, in carrying out its business assistance and economic development functions, provide business and economic development services primarily through sector-based, cluster-based, and regionally based organizations rather than providing assistance directly to individual firms.
      (5) The department shall examine the functions and operations of agricultural commodity commissions in the state and collaborate with industry sector and cluster associations on legislation that would enable industries to develop self-financing systems for addressing industry-identified issues such as workforce training, international marketing, quality improvement, and technology deployment.  By December 1, 2010, the department shall report to the governor and the legislature on its findings and proposed legislation.
      (6) The legislature recognizes that there are many strong community services and housing programs currently operating within the department and serving our most vulnerable individuals, families, and communities.  The legislature finds that some of these programs can readily be transferred beginning on July 1, 2010, to other mission-aligned agencies in state government.  However, the legislature finds that to maintain the strength and credibility of the majority of the department's community services and housing programs, it is necessary to create a separate division for them within the department and to develop a plan to establish a separate state government agency for them in the future.
      (7)(a) The legislature directs the department of commerce to establish a single division to contain community services and housing programs that deliver essential services to individuals, families, and communities, and to plan for the creation of a community services and housing agency.
      (b) Services provided by the division shall include, but are not limited to:  (i) Homeless housing and assistance programs including transitional housing, emergency shelter grants, independent youth housing, housing assistance for persons with mental illness, and housing opportunities for people with AIDS; (ii) affordable housing development programs including the housing trust fund and low-income home energy assistance; (iii) farm worker housing; (iv) crime victims' advocacy and sexual assault services; (v) community mobilization against substance abuse and violence; (vi) asset building for working families; (vii) local and community projects including the building communities fund, building for the arts, and youth recreational facilities grants; (viii) dispute resolution centers; (ix) the Washington families fund; (x) community services block grants; (xi) community development block grants; (xii) child care facility fund; (xiii) WorkFirst community jobs; (xiv) long-term care ombudsman; (xv) state drug task forces; (xvi) justice assistance grants; (xvii) children and families of incarcerated parents; and (xviii) the Washington new Americans program.
      (c) The economic development committees in the house of representatives and the senate shall, in consultation with the governor and the department:  (i) Solicit information and advice from representatives of community, social services, and housing organizations at the local and state levels, including minority communities, people with disabilities, and other vulnerable populations; and (ii) develop a plan for consideration and action in the 2011 legislative session to establish a separate state government agency whose mission is focused on community services and housing.

NEW SECTION.  Sec. 2.  RCW 43.330.005 (Intent) and 1993 c 280 s 1 are each repealed.

 

PART I

DEPARTMENT OF HEALTH--PUBLIC HEALTH

 

Sec. 101.  RCW 70.05.125 and 2009 c 479 s 48 are each amended to read as follows:

      (1) The county public health account is created in the state treasury.  Funds deposited in the county public health account shall be distributed by the state treasurer to each local public health jurisdiction based upon amounts certified to it by the department of ((community, trade, and economic development)) health in consultation with the Washington state association of counties.  The account shall include funds distributed under RCW 82.14.200(8) and such funds as are appropriated to the account from the state general fund, the public health services account under RCW 43.72.902, and such other funds as the legislature may appropriate to it.

      (2)(a) The ((director)) secretary of the department of ((community, trade, and economic development)) health shall certify the amounts to be distributed to each local public health jurisdiction using 1995 as the base year of actual city contributions to local public health.

      (b) Only if funds are available and in an amount no greater than available funds under RCW 82.14.200(8), the department of community, trade, and economic development shall adjust the amount certified under (a) of this subsection to compensate for any annexation of an area with fifty thousand residents or more to any city as a result of a petition during calendar year 1996 or 1997, or for any city that became newly incorporated as a result of an election during calendar year 1994 or 1995.  The amount to be adjusted shall be equal to the amount which otherwise would have been lost to the health jurisdiction due to the annexation or incorporation as calculated using the jurisdiction's 1995 funding formula.

      (c) The county treasurer shall certify the actual 1995 city contribution to the department.  Funds in excess of the base shall be distributed proportionately among the health jurisdictions based on incorporated population figures as last determined by the office of financial management.

      (3) Moneys distributed under this section shall be expended exclusively for local public health purposes.

NEW SECTION.  Sec. 102.  (1) All powers, duties, and functions of the department of commerce pertaining to county public health assistance are transferred to the department of health.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of health.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health.  All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

PART II

DEPARTMENT OF HEALTH--DEVELOPMENTAL DISABILITIES

 

Sec. 201.  RCW 43.330.210 and 2009 c 565 s 11 are each amended to read as follows:

      The developmental disabilities endowment governing board is established to design and administer the developmental disabilities endowment.  To the extent funds are appropriated for this purpose, the ((director)) secretary of the department ((of commerce)) shall provide staff and administrative support to the governing board.

      (1) The governing board shall consist of seven members as follows:

      (a) Three of the members, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as finance, actuarial science, management, business, or public policy.

      (b) Three members of the board, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as business, developmental disabilities service design, management, or public policy, and shall be family members of persons with developmental disabilities.

      (c) The seventh member of the board, who shall serve as chair of the board, shall be appointed by the remaining six members of the board.

      (2) Members of the board shall serve terms of four years and may be appointed for successive terms of four years at the discretion of the appointing authority.  However, the governor may stagger the terms of the initial six members of the board so that approximately one-fourth of the members' terms expire each year.

      (3) Members of the board shall be compensated for their service under RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (4) The board shall meet periodically as specified by the call of the chair, or a majority of the board.

      (5) Members of the governing board and the state investment board shall not be considered an insurer of the funds or assets of the endowment trust fund or the individual trust accounts.  Neither of these two boards or their members shall be liable for the action or inaction of the other.

      (6) Members of the governing board and the state investment board are not liable to the state, to the fund, or to any other person as a result of their activities as members, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law.  The department and the state investment board, respectively, may purchase liability insurance for members.

Sec. 202.  RCW 43.330.240 and 2009 c 565 s 12 are each amended to read as follows:

      The department ((of commerce)) shall adopt rules for the implementation of policies established by the governing board in RCW 43.330.200 through 43.330.230 (as recodified by this act).  Such rules will be consistent with those statutes and chapter 34.05 RCW.

NEW SECTION.  Sec. 203.  The following sections are each recodified as sections in chapter 43.70 RCW:

      RCW 43.330.195

      RCW 43.330.200

      RCW 43.330.205

      RCW 43.330.210

      RCW 43.330.220

      RCW 43.330.225

      RCW 43.330.230

      RCW 43.330.240

NEW SECTION.  Sec. 204.  (1) All powers, duties, and functions of the department of commerce pertaining to the developmental disabilities endowment are transferred to the department of health.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of health.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health.  All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART III

BUILDING CODE COUNCIL

 

Sec. 301.  RCW 19.27.070 and 1995 c 399 s 8 are each amended to read as follows:

      There is hereby established a state building code council to be appointed by the governor.

      (1) The state building code council shall consist of fifteen members, two of whom shall be county elected legislative body members or elected executives and two of whom shall be city elected legislative body members or mayors.  One of the members shall be a local government building code enforcement official and one of the members shall be a local government fire service official.  Of the remaining nine members, one member shall represent general construction, specializing in commercial and industrial building construction; one member shall represent general construction, specializing in residential and multifamily building construction; one member shall represent the architectural design profession; one member shall represent the structural engineering profession; one member shall represent the mechanical engineering profession; one member shall represent the construction building trades; one member shall represent manufacturers, installers, or suppliers of building materials and components; one member shall be a person with a physical disability and shall represent the disability community; and one member shall represent the general public.  At least six of these fifteen members shall reside east of the crest of the Cascade mountains.  The council shall include:  Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership.  Terms of office shall be for three years.  The council shall elect a member to serve as chair of the council for one-year terms of office.  Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment.  Before making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests listed in this subsection.  Members serving on the council on July 28, 1985, may complete their terms of office.  Any vacancy shall be filled by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted as required by this subsection.

      (2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      (3) The department of ((community, trade, and economic development)) general administration shall provide administrative and clerical assistance to the building code council.

Sec. 302.  RCW 19.27.097 and 1995 c 399 s 9 are each amended to read as follows:

      (1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building.  Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply.  In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency.  An application for a water right shall not be sufficient proof of an adequate water supply.

      (2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply.  The departments of health and ecology shall coordinate on the implementation of this section.  Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of ((community, trade, and economic development)) general administration to mediate or, if necessary, make the determination.

      (3) Buildings that do not need potable water facilities are exempt from the provisions of this section.  The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.

Sec. 303.  RCW 19.27.150 and 1995 c 399 s 10 are each amended to read as follows:

      Every month a copy of the United States department of commerce, bureau of the census' "report of building or zoning permits issued and local public construction" or equivalent report shall be transmitted by the governing bodies of counties and cities to the department of ((community, trade, and economic development)) general administration.

Sec. 304.  RCW 19.27A.020 and 2009 c 423 s 4 are each amended to read as follows:

      (1) The state building code council shall adopt rules to be known as the Washington state energy code as part of the state building code.

      (2) The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code.  The Washington state energy code shall be designed to:

      (a) Construct increasingly energy efficient homes and buildings that help achieve the broader goal of building zero fossil-fuel greenhouse gas emission homes and buildings by the year 2031;

      (b) Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and

      (c) Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.

      (3) The Washington state energy code shall take into account regional climatic conditions.  Climate zone 1 shall include all counties not included in climate zone 2.  Climate zone 2 includes:  Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

      (4) The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.

      (5) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 2006 edition, or as amended by the council by rule.

      (6)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.

      (b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990.  Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.

      (7) The state building code council shall consult with the department of ((community, trade, and economic development)) general administration as provided in RCW 34.05.310 prior to publication of proposed rules.  The director of the department of ((community, trade, and economic development)) general administration shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.

      (8) The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.

      (9) The definitions in RCW 19.27A.140 apply throughout this section.

Sec. 305.  RCW 19.27A.140 and 2009 c 423 s 2 are each amended to read as follows:

      The definitions in this section apply to RCW 19.27A.130 through 19.27A.190 and 19.27A.020 unless the context clearly requires otherwise.

      (1) "Benchmark" means the energy used by a facility as recorded monthly for at least one year and the facility characteristics information inputs required for a portfolio manager.

      (2) "Conditioned space" means conditioned space, as defined in the Washington state energy code.

      (3) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.

      (4) "Cost-effectiveness" means that a project or resource is forecast:

      (a) To be reliable and available within the time it is needed; and

      (b) To meet or reduce the power demand of the intended consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource, or any combination thereof.

      (5) "Council" means the state building code council.

      (6) (("Department" means the department of community, trade, and economic development.
      (7))) "Embodied energy" means the total amount of fossil fuel energy consumed to extract raw materials and to manufacture, assemble, transport, and install the materials in a building and the life-cycle cost benefits including the recyclability and energy efficiencies with respect to building materials, taking into account the total sum of current values for the costs of investment, capital, installation, operating, maintenance, and replacement as estimated for the lifetime of the product or project.

      (((8))) (7) "Energy consumption data" means the monthly amount of energy consumed by a customer as recorded by the applicable energy meter for the most recent twelve-month period.

      (((9))) (8) "Energy service company" has the same meaning as in RCW 43.19.670.

      (((10))) (9) "General administration" means the department of general administration.

      (((11))) (10) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

      (((12))) (11) "Investment grade energy audit" means an intensive engineering analysis of energy efficiency and management measures for the facility, net energy savings, and a cost-effectiveness determination.

      (((13))) (12) "Investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing either electricity or natural gas, or both, to more than one retail electric customer in the state.

      (((14))) (13) "Major facility" means any publicly owned or leased building, or a group of such buildings at a single site, having ten thousand square feet or more of conditioned floor space.

      (((15))) (14) "National energy performance rating" means the score provided by the energy star program, to indicate the energy efficiency performance of the building compared to similar buildings in that climate as defined in the United States environmental protection agency "ENERGY STAR® Performance Ratings Technical Methodology."

      (((16))) (15) "Net zero energy use" means a building with net energy consumption of zero over a typical year.

      (((17))) (16) "Portfolio manager" means the United States environmental protection agency's energy star portfolio manager or an equivalent tool adopted by the department of general administration.

      (((18))) (17) "Preliminary energy audit" means a quick evaluation by an energy service company of the energy savings potential of a building.

      (((19))) (18) "Qualifying public agency" includes all state agencies, colleges, and universities.

      (((20))) (19) "Qualifying utility" means a consumer-owned or investor-owned gas or electric utility that serves more than twenty-five thousand customers in the state of Washington.

      (((21))) (20) "Reporting public facility" means any of the following:

      (a) A building or structure, or a group of buildings or structures at a single site, owned by a qualifying public agency, that exceed ten thousand square feet of conditioned space;

      (b) Buildings, structures, or spaces leased by a qualifying public agency that exceeds ten thousand square feet of conditioned space, where the qualifying public agency purchases energy directly from the investor-owned or consumer-owned utility;

      (c) A wastewater treatment facility owned by a qualifying public agency; or

      (d) Other facilities selected by the qualifying public agency.

      (((22))) (21) "State portfolio manager master account" means a portfolio manager account established to provide a single shared portfolio that includes reports for all the reporting public facilities.

Sec. 306.  RCW 19.27A.150 and 2009 c 423 s 3 are each amended to read as follows:

      (1) To the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and implement a strategic plan for enhancing energy efficiency in and reducing greenhouse gas emissions from homes, buildings, districts, and neighborhoods.  The strategic plan must be used to help direct the future code increases in RCW 19.27A.020, with targets for new buildings consistent with RCW 19.27A.160.  The strategic plan will identify barriers to achieving net zero energy use in homes and buildings and identify how to overcome these barriers in  future energy code updates and through complementary policies.

      (2) The department of commerce must complete and release the strategic plan to the legislature and the council by December 31, 2010, and update the plan every three years.

      (3) The strategic plan must include recommendations to the council on energy code upgrades.  At a minimum, the strategic plan must: 

      (a) Consider development of aspirational codes separate from the state energy code that contain economically and technically feasible optional standards that could achieve higher energy efficiency for those builders that elected to follow the aspirational codes in lieu of or in addition to complying with the standards set forth in the state energy code;

      (b) Determine the appropriate methodology to measure achievement of state energy code targets using the United States environmental protection agency's target finder program or equivalent methodology;

      (c) Address the need for enhanced code training and enforcement;

      (d) Include state strategies to support research, demonstration,  and education programs designed to achieve a seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160 and enhance energy efficiency and on-site renewable energy production in buildings;

      (e) Recommend incentives, education, training programs and certifications, particularly state-approved training or certification programs, joint apprenticeship programs, or labor-management partnership programs that train workers for energy-efficiency projects to ensure proposed programs are designed to increase building professionals' ability to design, construct, and operate buildings that will meet the seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160;

      (f) Address barriers for utilities to serve net zero energy homes and buildings and policies to overcome those barriers;

      (g) Address the limits of a prescriptive code in achieving net zero energy use homes and buildings and propose a transition to performance-based codes;

      (h) Identify financial mechanisms such as tax incentives, rebates, and innovative financing to motivate energy consumers to take action to increase energy efficiency and their use of on-site renewable energy.  Such incentives, rebates, or financing options may consider the role of government programs as well as utility-sponsored programs;

      (i) Address the adequacy of education and technical assistance, including school curricula, technical training, and peer-to-peer exchanges for professional and trade audiences;

      (j) Develop strategies to develop and install district and neighborhood-wide energy systems that help meet net zero energy use in homes and buildings;

      (k) Identify costs and benefits of energy efficiency measures on residential and nonresidential construction; and

      (l) Investigate methodologies and standards for the measurement of the amount of embodied energy used in building materials.

      (4) The department of commerce and the council shall convene a work group with the affected parties to inform the initial development of the strategic plan.

Sec. 307.  RCW 19.27A.180 and 2009 c 423 s 7 are each amended to read as follows:

      By December 31, 2009, to the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and recommend to the legislature a methodology to determine an energy performance score for residential buildings and an implementation strategy to use such information to improve the energy efficiency of the state's existing housing supply.  In developing its strategy, the department of commerce shall seek input from providers of residential energy audits, utilities, building contractors, mixed use developers, the residential real estate industry, and real estate listing and form providers.

NEW SECTION.  Sec. 308.  (1) All powers, duties, and functions of the department of commerce pertaining to administrative and support services for the state building code council are transferred to the department of general administration.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the department of general administration when referring to the functions transferred in this section.  Policy and planning assistance functions performed by the department of commerce remain with the department of commerce.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of general administration.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of general administration.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of general administration.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of general administration.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of general administration.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of general administration to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of general administration.  All existing contracts and obligations shall remain in full force and shall be performed by the department of general administration.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the department of general administration under this section whose positions are within an existing bargaining unit description at the department of general administration shall become a part of the existing bargaining unit at the department of general administration and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART IV

DEPARTMENT OF COMMERCE--ENERGY POLICY

 

Sec. 401.  RCW 43.21F.010 and 1975-'76 2nd ex.s. c 108 s 1 are each amended to read as follows:

(1) The legislature finds that the state needs to implement a comprehensive energy planning process that:
      (a) Is based on high quality, unbiased analysis;
      (b) Engages public agencies and stakeholders in a thoughtful, deliberative process that creates a cohesive plan that earns sustained support of the public and organizations and institutions that will ultimately be responsible for implementation and execution of the plan; and
      (c) Establishes policies and practices needed to ensure the effective implementation of the strategy.
      (2) The legislature further finds that energy drives the entire modern economy from petroleum for vehicles to electricity to light homes and power businesses.  The legislature further finds that the nation and the world have started the transition to a clean energy economy, with significant improvements in energy efficiency and investments in new clean and renewable energy resources and technologies.  The legislature further finds this transition may increase or decrease energy costs and efforts should be made to mitigate cost increases.
      (3) The legislature finds and declares that it is the continuing purpose of state government, consistent with other essential considerations of state policy, to foster wise and efficient energy use and to promote energy self-sufficiency through the use of indigenous and renewable energy sources, consistent with the promotion of reliable energy sources, the general welfare, and the protection of environmental quality.

(4) The legislature further declares that a successful state energy strategy must balance three goals to:
      (a) Maintain competitive energy prices that are fair and reasonable for consumers and businesses and support our state's continued economic success;
      (b) Increase competitiveness by fostering a clean energy economy and jobs through business and workforce development; and
      (c) Meet the state's obligations to reduce greenhouse gas emissions.

Sec. 402.  RCW 43.21F.025 and 2009 c 565 s 27 are each reenacted and amended to read as follows:

      (1) "Assistant director" means the assistant director of the department of commerce responsible for energy policy activities;

      (2) "Department" means the department of commerce;

      (3) "Director" means the director of the department of commerce;

      (4) "Distributor" means any person, private corporation, partnership, individual proprietorship, utility, including investor-owned utilities, municipal utility, public utility district, joint operating agency, or cooperative, which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state;

      (5) "Energy" means petroleum or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material; electricity; solar radiation; geothermal resources; hydropower; organic waste products; wind; tidal activity; any other substance or process used to produce heat, light, or motion; or the savings from nongeneration technologies, including conservation or improved efficiency in the usage of any of the sources described in this subsection;

      (6) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency, or any other entity, public or private, however organized; and

      (7) "State energy strategy" means the document ((and energy policy direction)) developed ((under section 1, chapter 201, Laws of 1991 including any related appendices)) and updated by the department as allowed in RCW 43.21F.090.

NEW SECTION.  Sec. 403.  A new section is added to chapter 43.21F RCW to read as follows:

      (1) The state shall use the following principles to guide development and implementation of the state's energy strategy and to meet the goals of RCW 43.21F.010:

      (a) Pursue all cost-effective energy efficiency and conservation as the state's preferred energy resource, consistent with state law;

      (b) Ensure that the state's energy system meets the health, welfare, and economic needs of its citizens with particular emphasis on meeting the needs of low-income and vulnerable populations;

      (c) Maintain and enhance economic competitiveness by ensuring an affordable and reliable supply of energy resources and by supporting clean energy technology innovation, access to clean energy markets worldwide, and clean energy business and workforce development;

      (d) Reduce dependence on fossil fuel energy sources through improved efficiency and development of cleaner energy sources, such as bioenergy, low-carbon energy sources, and natural gas, and leveraging the indigenous resources of the state for the production of clean energy;

      (e) Improve efficiency of transportation energy use through advances in vehicle technology, increased system efficiencies, development of electricity, biofuels, and other clean fuels, and regional transportation planning to improve transportation choices;

      (f) Meet the state's statutory greenhouse gas limits and environmental requirements as the state develops and uses energy resources;

      (g) Build on the advantage provided by the state's clean regional electrical grid by expanding and integrating additional carbon-free and carbon-neutral generation, and improving the transmission capacity serving the state;

      (h) Make state government a model for energy efficiency, use of clean and renewable energy, and greenhouse gas-neutral operations; and

      (i) Maintain and enhance our state's existing energy infrastructure.

      (2) The department shall:

      (a) During energy shortage emergencies, give priority in the allocation of energy resources to maintaining the public health, safety, and welfare of the state's citizens and industry in order to minimize adverse impacts on their physical, social, and economic well-being;

      (b) Develop and disseminate impartial and objective energy information and analysis, while taking full advantage of the capabilities of the state's institutions of higher education, national laboratory, and other organizations with relevant expertise and analytical capabilities;

      (c) Actively seek to maximize federal and other nonstate funding and support to the state for energy efficiency, renewable energy, emerging energy technologies, and other activities of benefit to the state's overall energy future; and

      (d) Monitor the actions of all agencies of the state for consistent implementation of the state's energy policy including applicable statutory policies and goals relating to energy supply and use.

Sec. 404.  RCW 43.21F.090 and 1996 c 186 s 106 are each amended to read as follows:

(1) By December 1, 2010, the department ((shall review the state energy strategy as developed under section 1, chapter 201, Laws of 1991, periodically with the guidance of an advisory committee.  For each review, an advisory committee shall be established with a membership resembling as closely as possible the original energy strategy advisory committee specified under section 1, chapter 201, Laws of 1991.  Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, a written report shall be conveyed by the department to the governor and the appropriate legislative committees.  Any advisory committee established under this section shall be dissolved within three months after their written report is conveyed.)) of commerce shall update and revise the state energy strategy and implementation report with the guidance of an advisory committee formed under subsection (4) of this section.  By December 1, 2011, and at least every five years thereafter, the department shall produce a fully updated state energy strategy and implementation report with the guidance of an advisory committee formed under subsection (4) of this section.
      (2)(a) The strategy shall, to the maximum extent feasible, examine the state's entire energy system.
      (b) In producing and updating the energy strategy, the department and advisory committee shall review related processes and documents relevant to a state energy strategy including, but not limited to, prior state energy strategies, the work of the clean energy leadership council, the climate advisory and action teams, the evergreen jobs committee, and reports of the state transportation planning commission, the economic development commission, and the Northwest power and conservation council.
      (c) The strategy must build upon and be consistent with all relevant and applicable statutorily authorized energy, environmental, and other policies, goals, and programs.
      (d) The strategy must identify administrative actions, regulatory coordination, and legislative recommendations that need to be undertaken to ensure that the energy strategy is implemented and operationally supported by all state agencies and regulatory bodies responsible for implementation of energy policy in the state.
      (3) In order to facilitate high quality decision making, the director of the department shall engage a group of scientific, engineering, economic, and other experts in energy analysis.
      (a) This group shall be comprised of representatives from the following institutions:
      (i) Research institutions of higher education;
      (ii) The Pacific Northwest national laboratory;
      (iii) The Northwest power planning and conservation council;
and
      (iv) Other private, public, and nonprofit organizations that have a recognized expertise in engineering or economic analysis.
      (b) This group will:
      (i) Identify near and long-term analytical needs and capabilities necessary to develop a state energy strategy;
      (ii) Provide unbiased information about the state and region's energy portfolio, future energy needs, scenarios for growth, and improved productivity.
      (c) The department and advisory committee shall use this information in updating the state energy strategy.
      (4)(a) In order to update the state strategy, the department shall form an advisory committee.
      (b) The director shall appoint the advisory committee with a membership reflecting a balance of the interests in:
      (i) Energy generation, distribution, and consumption;
      (ii) Economic development; and
      (iii) Environmental protection, including:
      (A) Residential, commercial, industrial, and agricultural users;
      (B) Electric and natural gas utilities or organizations, both consumer-owned and investor-owned;
      (C) Liquid fuel and natural gas industries;
      (D) Local governments;
      (E) Civic and environmental organizations;
      (F) Clean energy companies;
      (G) Energy research and development organizations, economic development organizations, and key public agencies; and
      (H) Other interested stakeholders.
      (c) Any advisory committee established under this section must be dissolved within three months after the written report is conveyed.
      (d) The department and advisory committee shall work with stakeholders and other state agencies to develop the strategy.
      (5) Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy strategy, the department shall present a written report to the governor and legislature which may include specific actions that will be needed to implement the strategy.  The legislature shall, by concurrent resolution, approve or recommend changes to the strategy and updates.
      (6) The department may periodically review and update the state energy strategy as necessary.  The department shall engage an advisory committee as required in this section when updating the strategy and present any updates to the legislature for its approval.
      (7) To assist in updates of the state energy strategy, the department shall actively seek both in-kind and financial support for this process from other nonstate sources.  In order to avoid competition among Washington state agencies, the department shall coordinate the search for such external support.  The department shall develop a work plan for updating the energy strategy that reflects the levels of activities and deliverables commensurate with the level of funding and in-kind support available from state and nonstate sources.

NEW SECTION.  Sec. 405.  RCW 43.21F.015 (State policy) and 1994 c 207 s 3 & 1981 c 295 s 1 are each repealed.

 

PART V

CRIMINAL JUSTICE TRAINING COMMISSION--DRUG
PROSECUTION ASSISTANCE PROGRAM

 

Sec. 501.  RCW 36.27.100 and 1995 c 399 s 41 are each amended to read as follows:

      The legislature recognizes that, due to the magnitude or volume of offenses in a given area of the state, there is a recurring need for supplemental assistance in the prosecuting of drug and drug-related offenses that can be directed to the area of the state with the greatest need for short-term assistance.  A statewide drug prosecution assistance program is created within the ((department of community, trade, and economic development)) criminal justice training commission to assist county prosecuting attorneys in the prosecution of drug and drug-related offenses.

NEW SECTION.  Sec. 502.  (1) All powers, duties, and functions of the department of commerce pertaining to the drug prosecution assistance program are transferred to the criminal justice training commission.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the criminal justice training commission when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the criminal justice training commission.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the criminal justice training commission.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the criminal justice training commission.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the criminal justice training commission.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the criminal justice training commission.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the criminal justice training commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the criminal justice training commission.  All existing contracts and obligations shall remain in full force and shall be performed by the criminal justice training commission.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the criminal justice training commission under this section whose positions are within an existing bargaining unit description at the criminal justice training commission shall become a part of the existing bargaining unit at the criminal justice training commission  and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART VI

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION—ENERGY

 

Sec. 601.  RCW 80.50.030 and 2001 c 214 s 4 are each amended to read as follows:

      (1) There is created and established the energy facility site evaluation council.

      (2)(a) The chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause.  The chair may designate a member of the council to serve as acting chair in the event of the chair's absence.  The salary of the chair shall be determined under RCW 43.03.040.  The chair is a "state employee" for the purposes of chapter 42.52 RCW.  As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.

      (b) The chair or a designee shall execute all official documents, contracts, and other materials on behalf of the council.  The Washington ((state department of community, trade, and economic development)) utilities and transportation commission shall provide all administrative and staff support for the council.  The ((director of the department of community, trade, and economic development)) commission has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter.  Not more than three such employees may be exempt from chapter 41.06 RCW.  The council shall otherwise retain its independence in exercising its powers, functions, and duties and its supervisory control over nonadministrative staff support.  Membership, powers, functions, and duties of the Washington state utilities and transportation commission and the council shall otherwise remain as provided by law.

      (3)(a) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

      (i) Department of ecology;

      (ii) Department of fish and wildlife;

      (iii) Department of ((community, trade, and economic development)) commerce;

      (iv) Utilities and transportation commission; and

      (v) Department of natural resources.

      (b) The directors, administrators, or their designees, of the following departments, agencies, and commissions, or their statutory successors, may participate as councilmembers at their own discretion provided they elect to participate no later than sixty days after an application is filed:

      (i) Department of agriculture;

      (ii) Department of health;

      (iii) Military department; and

      (iv) Department of transportation.

      (c) Council membership is discretionary for agencies that choose to participate under (b) of this subsection only for applications that are filed with the council on or after May 8, 2001.  For applications filed before May 8, 2001, council membership is mandatory for those agencies listed in (b) of this subsection.

      (4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

      (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

      (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.  The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

NEW SECTION.  Sec. 602.  (1) All administrative powers, duties, and functions of the department of commerce pertaining to the energy facility site evaluation council are transferred to the Washington utilities and transportation commission.  All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the Washington utilities and transportation commission when referring to the functions transferred in this section.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington utilities and transportation commission.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the Washington utilities and transportation commission.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington utilities and transportation commission.

      (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington utilities and transportation commission.

      (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington utilities and transportation commission.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington utilities and transportation commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

      (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington utilities and transportation commission.  All existing contracts and obligations shall remain in full force and shall be performed by the Washington utilities and transportation commission.

      (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before the effective date of this section.

      (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

      (7) All classified employees of the department of commerce assigned to the Washington utilities and transportation commission under this section whose positions are within an existing bargaining unit description at the Washington utilities and transportation commission shall become a part of the existing bargaining unit at the Washington utilities and transportation commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

 

PART VII

MUNICIPAL RESEARCH COUNCIL

 

Sec. 701.  RCW 43.110.030 and 2000 c 227 s 3 are each amended to read as follows:

(1) The ((municipal research council)) department of commerce shall contract for the provision of municipal research and services to cities, towns, and counties.  Contracts for municipal research and services shall be made with state agencies, educational institutions, or private consulting firms, that in the judgment of ((council members)) the department are qualified to provide such research and services.  Contracts for staff support may be made with state agencies, educational institutions, or private consulting firms that in the judgment of the ((council members)) department are qualified to provide such support.

(2) Municipal research and services shall consist of:

      (((1))) (a) Studying and researching city, town, and county government and issues relating to city, town, and county government;

      (((2))) (b) Acquiring, preparing, and distributing publications related to city, town, and county government and issues relating to city, town, and county government;

      (((3))) (c) Providing educational conferences relating to city, town, and county government and issues relating to city, town, and county government; and

      (((4))) (d) Furnishing legal, technical, consultative, and field services to cities, towns, and counties concerning planning, public health, utility services, fire protection, law enforcement, public works, and other issues relating to city, town, and county government.

(3) Requests for legal services by county officials shall be sent to the office of the county prosecuting attorney.  Responses by the ((municipal research council)) department of commerce to county requests for legal services shall be provided to the requesting official and the county prosecuting attorney.

(4) The ((activities, programs, and services of the municipal research council shall be carried on in cooperation)) department of commerce shall coordinate with the association of Washington cities and the Washington state association of counties in carrying out the activities in this section.  Services to cities and towns shall be based upon the moneys appropriated to the ((municipal research council)) department from the city and town research services account under RCW 43.110.060.  Services to counties shall be based upon the moneys appropriated to the ((municipal research council)) department from the county research services account under RCW 43.110.050.

Sec. 702.  RCW 43.110.060 and 2002 c 38 s 4 are each amended to read as follows:

      The city and town research services account is created in the state treasury.  Moneys in the account shall consist of amounts transferred under RCW 66.08.190(2) and any other transfers or appropriations to the account.  Moneys in the account may be spent only after an appropriation.  Expenditures from the account may be used only for city and town research.

      All unobligated moneys remaining in the account at the end of the fiscal biennium shall be distributed by the treasurer to the incorporated cities and towns of the state in the same manner as the distribution under RCW 66.08.190(1)(b)(iii).

      ((The treasurer may disburse amounts appropriated to the municipal research council from the city and town research services account by warrant or check to the contracting parties on invoices or vouchers certified by the chair of the municipal research council or his or her designee.))  Payments to public agencies may be made in advance of actual work contracted for, at the discretion of the ((council)) department of commerce.

Sec. 703.  RCW 43.110.080 and 2006 c 328 s 1 are each amended to read as follows:

      (1) The ((municipal research council)) department of commerce shall contract for the provision of research and services to special purpose districts.  A contract shall be made with a state agency, educational institution, or private consulting firm, that in the judgment of ((council members)) the department is qualified to provide such research and services.

      (2) Research and services to special purpose districts shall consist of:

      (a) Studying and researching issues relating to special purpose district government;

      (b) Acquiring, preparing, and distributing publications related to special purpose districts; and

      (c) Furnishing legal, technical, consultative, and field services to special purpose districts concerning issues relating to special purpose district government.

      (3) The ((activities, programs, and services of the municipal research council to special purpose districts shall be carried on in cooperation)) department of commerce shall coordinate with the associations representing the various special purpose districts with respect to carrying out the activities in this section.  Services to special purpose districts shall be based upon the moneys appropriated to the ((municipal research council)) department of commerce from the special purpose district research services account under RCW 43.110.090.

Sec. 704.  RCW 43.15.020 and 2009 c 560 s 27 are each amended to read as follows:

      The lieutenant governor serves as president of the senate and is responsible for making appointments to, and serving on, the committees and boards as set forth in this section.

      (1) The lieutenant governor serves on the following boards and committees:

      (a) Capitol furnishings preservation committee, RCW 27.48.040;

      (b) Washington higher education facilities authority, RCW 28B.07.030;

      (c) Productivity board, also known as the employee involvement and recognition board, RCW 41.60.015;

      (d) State finance committee, RCW 43.33.010;

      (e) State capitol committee, RCW 43.34.010;

      (f) Washington health care facilities authority, RCW 70.37.030;

      (g) State medal of merit nominating committee, RCW 1.40.020;

      (h) Medal of valor committee, RCW 1.60.020; and

      (i) Association of Washington generals, RCW 43.15.030.

      (2) The lieutenant governor, and when serving as president of the senate, appoints members to the following boards and committees:

      (a) Civil legal aid oversight committee, RCW 2.53.010;

      (b) Office of public defense advisory committee, RCW 2.70.030;

      (c) Washington state gambling commission, RCW 9.46.040;

      (d) Sentencing guidelines commission, RCW 9.94A.860;

      (e) State building code council, RCW 19.27.070;

      (f) Women's history consortium board of advisors, RCW 27.34.365;

      (g) Financial ((literacy)) education public-private partnership, RCW 28A.300.450;

      (h) Joint administrative rules review committee, RCW 34.05.610;

      (i) Capital projects advisory review board, RCW 39.10.220;

      (j) Select committee on pension policy, RCW 41.04.276;

      (k) Legislative ethics board, RCW 42.52.310;

      (l) Washington citizens' commission on salaries, RCW 43.03.305;

      (m) Legislative oral history committee, RCW 44.04.325;

      (n) State council on aging, RCW 43.20A.685;

      (o) State investment board, RCW 43.33A.020;

      (p) Capitol campus design advisory committee, RCW 43.34.080;

      (q) Washington state arts commission, RCW 43.46.015;

      (r) Information services board, RCW 43.105.032;

      (s) K-20 educational network board, RCW 43.105.800;

      (t) ((Municipal research council, RCW 43.110.010;
      (u))) Council for children and families, RCW 43.121.020;

      (((v))) (u) PNWER-Net working subgroup under chapter 43.147 RCW;

      (((w))) (v) Community economic revitalization board, RCW 43.160.030;

      (((x))) (w) Washington economic development finance authority, RCW 43.163.020;

      (((y))) (x) Life sciences discovery fund authority, RCW 43.350.020;

      (((z))) (y) Legislative children's oversight committee, RCW 44.04.220;

      (((aa))) (z) Joint legislative audit and review committee, RCW 44.28.010;

      (((bb))) (aa) Joint committee on energy supply and energy conservation, RCW 44.39.015;

      (((cc))) (bb) Legislative evaluation and accountability program committee, RCW 44.48.010;

      (((dd))) (cc) Agency council on coordinated transportation, RCW 47.06B.020;

      (((ee))) (dd) Manufactured housing task force, RCW 59.22.090;

      (((ff))) (ee) Washington horse racing commission, RCW 67.16.014;

      (((gg))) (ff) Correctional industries board of directors, RCW 72.09.080;

      (((hh))) (gg) Joint committee on veterans' and military affairs, RCW 73.04.150;

      (((ii))) (hh) Joint legislative committee on water supply during drought, RCW 90.86.020;

      (((jj))) (ii) Statute law committee, RCW 1.08.001; and

      (((kk))) (jj) Joint legislative oversight committee on trade policy, RCW 44.55.020.

Sec. 705.  RCW 35.21.185 and 1995 c 21 s 1 are each amended to read as follows:

      (1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation.

      (2) For the purposes of this section, (a) "clerk" means the city or town clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "((municipal research council)) department" means the ((municipal research council created by chapter 43.110 RCW)) department of commerce.

      (3) The clerk of every city and town is directed to provide to the ((municipal research council)) department or its designee, promptly after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the ((municipal research council)) department or its designee from time to time, and may provide such copies without charge.  The ((municipal research council)) department may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.

      (4) This section is intended to be directory and not mandatory.

Sec. 706.  RCW 35.102.040 and 2006 c 301 s 7 are each amended to read as follows:

      (1)(a) The cities, working through the association of Washington cities, shall form a model ordinance development committee made up of a representative sampling of cities that as of July 27, 2003, impose a business and occupation tax.  This committee shall work through the association of Washington cities to adopt a model ordinance on municipal gross receipts business and occupation tax.  The model ordinance and subsequent amendments shall be adopted using a process that includes opportunity for substantial input from business stakeholders and other members of the public.  Input shall be solicited from statewide business associations and from local chambers of commerce and downtown business associations in cities that levy a business and occupation tax.

      (b) The ((municipal research council)) department of commerce shall contract to post the model ordinance on an internet web site and to make paper copies available for inspection upon request.  The department of revenue and the department of licensing shall post copies of or links to the model ordinance on their internet web sites.  Additionally, a city that imposes a business and occupation tax must make copies of its ordinance available for inspection and copying as provided in chapter 42.56 RCW.

      (c) The definitions and tax classifications in the model ordinance may not be amended more frequently than once every four years, however the model ordinance may be amended at any time to comply with changes in state law.  Any amendment to a mandatory provision of the model ordinance must be adopted with the same effective date by all cities.

      (2) A city that imposes a business and occupation tax must adopt the mandatory provisions of the model ordinance.  The following provisions are mandatory:

      (a) A system of credits that meets the requirements of RCW 35.102.060 and a form for such use;

      (b) A uniform, minimum small business tax threshold of at least the equivalent of twenty thousand dollars in gross income annually.  A city may elect to deviate from this requirement by creating a higher threshold or exemption but it shall not deviate lower than the level required in this subsection.  If a city has a small business threshold or exemption in excess of that provided in this subsection as of January 1, 2003, and chooses to deviate below the threshold or exemption level that was in place as of January 1, 2003, the city must notify all businesses licensed to do business within the city at least one hundred twenty days prior to the potential implementation of a lower threshold or exemption amount;

      (c) Tax reporting frequencies that meet the requirements of RCW 35.102.070;

      (d) Penalty and interest provisions that meet the requirements of RCW 35.102.080 and 35.102.090;

      (e) Claim periods that meet the requirements of RCW 35.102.100;

      (f) Refund provisions that meet the requirements of RCW 35.102.110; and

      (g) Definitions, which at a minimum, must include the definitions enumerated in RCW 35.102.030 and 35.102.120.  The definitions in chapter 82.04 RCW shall be used as the baseline for all definitions in the model ordinance, and any deviation in the model ordinance from these definitions must be described by a comment in the model ordinance.

      (3) Except for the deduction required by RCW 35.102.160 and the system of credits developed to address multiple taxation under subsection (2)(a) of this section, a city may adopt its own provisions for tax exemptions, tax credits, and tax deductions.

      (4) Any city that adopts an ordinance that deviates from the nonmandatory provisions of the model ordinance shall make a description of such differences available to the public, in written and electronic form.

Sec. 707.  RCW 36.70B.220 and 2005 c 274 s 272 are each amended to read as follows:

      (1) Each county and city having populations of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants.  An existing employee may be designated as the permit assistance staff.

      (2) Permit assistance staff designated under this section shall:

      (a) Make available to permit applicants all current local government regulations and adopted policies that apply to the subject application.  The local government shall provide counter copies thereof and, upon request, provide copies according to chapter 42.56 RCW.  The staff shall also publish and keep current one or more handouts containing lists and explanations of all local government regulations and adopted policies;

      (b) Establish and make known to the public the means of obtaining the handouts and related information; and

      (c) Provide assistance regarding the application of the local government's regulations in particular cases.

      (3) Permit assistance staff designated under this section may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of this section from the ((municipal research council and the department of community, trade, and economic development)) department of commerce.

NEW SECTION.  Sec. 708.  The following acts or parts of acts are each repealed:

      (1) RCW 43.110.010 (Council created‑-Membership‑-Terms‑-Travel expenses) and 2001 c 290 s 1, 1997 c 437 s 1, 1990 c 104 s 1, 1983 c 22 s 1, 1975-'76 2nd ex.s. c 34 s 129, 1975 1st ex.s. c 218 s 1, & 1969 c 108 s 2;

      (2) RCW 43.110.040 (Local government regulation and policy handouts‑-Technical assistance) and 1996 c 206 s 10; and

      (3) RCW 43.110.070 (Hazardous liquid and gas pipeline‑-Model ordinance and franchise agreement) and 2000 c 191 s 8.

NEW SECTION.  Sec. 709.  (1) The municipal research council is hereby abolished and its powers, duties, and functions are hereby transferred to the department of commerce.  All references to the municipal research council in the Revised Code of Washington shall be construed to mean the department of commerce.

      (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the municipal research council shall be delivered to the custody of the department of commerce.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the municipal research council shall be made available to the department of commerce.  All funds, credits, or other assets held by the municipal research council shall be assigned to the department of commerce.

      (b) Any appropriations made to the municipal research council shall, on the effective date of this section, be transferred and credited to the department of commerce.

      (c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

      (3) All rules and all pending business before the municipal research council shall be continued and acted upon by the department of commerce.  All existing contracts and obligations shall remain in full force and shall be performed by the department of commerce.

      (4) The transfer of the powers, duties, and functions of the municipal research council shall not affect the validity of any act performed before the effective date of this section.

      (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

 

PART VIII

MISCELLANEOUS PROVISIONS

 

NEW SECTION.  Sec. 801.  RCW 43.63A.150 is decodified.

NEW SECTION.  Sec. 802.  This act takes effect July 1, 2010."

      Senators Kastama and Zarelli 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 Second Substitute House Bill No. 2658.

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 "programs;" strike the remainder of the title and insert "amending RCW 43.330.007, 70.05.125, 43.330.210, 43.330.240, 19.27.070, 19.27.097, 19.27.150, 19.27A.020, 19.27A.140, 19.27A.150, 19.27A.180, 43.21F.010, 43.21F.090, 36.27.100, 80.50.030, 43.110.030, 43.110.060, 43.110.080, 43.15.020, 35.21.185, 35.102.040, and 36.70B.220; reenacting and amending RCW 43.21F.025; adding new sections to chapter 43.70 RCW; adding a new section to chapter 43.21F RCW; creating new sections; recodifying RCW 43.330.195, 43.330.200, 43.330.205, 43.330.210, 43.330.220, 43.330.225, 43.330.230, and 43.330.240; decodifying RCW 43.63A.150; repealing RCW 43.330.005, 43.21F.015, 43.110.010, 43.110.040, and 43.110.070; and providing an effective date."

 

MOTION

 

On motion of Senator Kastama, the rules were suspended, Engrossed Second Substitute House Bill No. 2658 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 Kastama and Rockefeller spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 2658 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2658 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

      Voting nay: Senators Holmquist and Honeyford

      Excused: Senators Fraser and McCaslin

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2658 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2406, by Representatives Kelley, Alexander, Miloscia and Haigh

 

Concerning the joint legislative audit and review committee.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Rockefeller, the rules were suspended, House Bill No. 2406 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rockefeller and Parlette spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2406.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2406 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, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli

      Absent: Senator Tom

      Excused: Senator McCaslin

HOUSE BILL NO. 2406, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

HOUSE BILL NO. 2877, by Representative Moeller

 

Authorizing payment of regulated company stock in lieu of a portion of salary for educational employees.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Prentice, the rules were suspended, House Bill No. 2877 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Marr, Senator Kastama was excused.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2877.

 

ROLL CALL

 

The Secretary called the roll on the final passage of House Bill No. 2877 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

HOUSE BILL NO. 2877, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2403, by House Committee on State Government & Tribal Affairs (originally sponsored by Representatives Morrell, Kelley, Armstrong, Bailey, Hope, O'Brien, Klippert, Morris, Hurst, Hunt, Green, Roberts, Sells, McCune, Campbell, Nelson, Rolfes, Chase, Smith, Appleton, Maxwell, Sullivan, Dammeier, Upthegrove, Carlyle, Conway, Simpson, Orwall, Kenney, McCoy, Ormsby, Kretz and Haigh)

 

Concerning military leave for public employees.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Hobbs, the rules were suspended, Substitute House Bill No. 2403 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hobbs 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. 2403.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2403 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

SUBSTITUTE HOUSE BILL NO. 2403, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SECOND SUBSTITUTE HOUSE BILL NO. 2603, by House Committee on Ways & Means (originally sponsored by Representatives Smith, Kenney, Bailey, Quall, Morris, Blake, Anderson, Chase, Kelley, Short, Appleton, Sullivan, Dammeier, Upthegrove, Klippert, Chandler, Kristiansen, Rolfes, Pearson, Roach, Parker, Morrell, Haler, Walsh, Orcutt, Johnson, Liias, Hunt, Probst, Ericksen, Moeller, Kretz, Sells, Hope, Herrera and Warnick)

 

Requiring agencies to give small businesses an opportunity to comply with a state law or agency rule before imposing a penalty.

 

The measure was read the second time.

 

MOTION

 

Senator Kilmer moved that the following committee striking amendment by the Committee on Economic Development, Trade & Innovation be not adopted:

0) Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 34.05.110 and 2009 c 358 s 1 are each amended to read as follows:

      (1) Agencies must provide to a small business a copy of the state law or agency rule that a small business is violating and a period of at least two business days to correct the violation before the agency may impose any fines, civil penalties, or administrative sanctions for a violation of a state law or agency rule by a small business.  If no correction is possible, the requirements in this subsection do not apply.
      (2) Except as provided in subsection (((3))) (4) of this section, agencies shall waive any fines, civil penalties, or administrative sanctions for first-time paperwork violations by a small business.

      (((2))) (3) When an agency waives a fine, penalty, or sanction under this section, when possible it shall require the small business to correct the violation within a reasonable period of time, in a manner specified by the agency.  If correction is impossible, no correction may be required and failure to correct is not grounds for reinstatement of fines, penalties, or sanctions under subsection (((4))) (5)(b) of this section.

      (((3))) (4) Exceptions to requirements of subsection (1) of this section and the waiver requirement in subsection (2) of this section may be made for any of the following reasons:

      (a) The agency head determines that the effect of the violation or waiver presents a direct danger to the public health, results in a loss of income or benefits to an employee, poses a potentially significant threat to human health or the environment, or causes serious harm to the public interest;

      (b) The violation involves a small business knowingly or willfully engaging in conduct that may result in a felony conviction;

      (c) The violation is of a requirement concerning the assessment, collection, or administration of any tax, tax program, debt, revenue, receipt, a regulated entity's financial filings, or insurance rate or form filing;

      (d) The ((waiver is)) requirements of this section are in conflict with federal law or program requirements, federal requirements that are a prescribed condition to the allocation of federal funds to the state, or the requirements for eligibility of employers in this state for federal unemployment tax credits, as determined by the agency head;

      (e) The small business committing the violation previously violated a substantially similar ((paperwork)) requirement; or

      (f) The owner or operator of the small business committing the violation owns or operates, or owned or operated a different small business which previously violated a substantially similar ((paperwork)) requirement.

      (((4))) (5)(a) Nothing in this section prohibits an agency from waiving fines, civil penalties, or administrative sanctions incurred by a small business for a paperwork violation that is not a first-time offense.

      (b) Any fine, civil penalty, or administrative sanction that is waived under this section may be reinstated and imposed in addition to any additional fines, penalties, or administrative sanctions associated with a subsequent violation for noncompliance with a substantially similar paperwork requirement, or failure to correct the previous violation as required by the agency under subsection (((2))) (3) of this section.

      (((5))) (6) Nothing in this section may be construed to diminish the responsibility for any citizen or business to apply for and obtain a permit, license, or authorizing document that is required to engage in a regulated activity, or otherwise comply with state or federal law.

      (((6))) (7) Nothing in this section shall be construed to apply to small businesses required to provide accurate and complete information and documentation in relation to any claim for payment of state or federal funds or who are licensed or certified to provide care and services to vulnerable adults or children.

      (((7))) (8) As used in this section:

      (a) "Small business" means a business with two hundred fifty or fewer employees or a gross revenue of less than seven million dollars annually as reported on its most recent federal income tax return or its most recent return filed with the department of revenue.

      (b) "Paperwork violation" means the violation of any statutory or regulatory requirement that mandates the collection of information by an agency, or the collection, posting, or retention of information by a small business.  This includes but is not limited to requirements in the Revised Code of Washington, the Washington Administrative Code, the Washington State Register, or any other agency directive.

      (c) "First-time paperwork violation" means the first instance of a particular or substantially similar paperwork violation."

      On page 1, line 2 of the title, after "businesses;" strike the remainder of the title and insert "and amending RCW 34.05.110."

The President declared the question before the Senate to be the motion by Senator Kilmer to not adopt the committee striking amendment by the Committee on Economic Development, Trade & Innovation to Second Substitute House Bill No. 2603.

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

 

MOTION

 

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

0) Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 34.05.110 and 2009 c 358 s 1 are each amended to read as follows:

      (1) Agencies must provide to a small business a copy of the state law or agency rule that a small business is violating and a period of at least two business days to correct the violation before the agency may impose any fines, civil penalties, or administrative sanctions for a violation of a state law or agency rule by a small business.  If no correction is possible or if an agency is acting in response to a complaint made by a third party and the third party would be disadvantaged by the application of this subsection, the requirements in this subsection do not apply.
      (2) Except as provided in subsection (((3))) (4) of this section, agencies shall waive any fines, civil penalties, or administrative sanctions for first-time paperwork violations by a small business.

      (((2))) (3) When an agency waives a fine, penalty, or sanction under this section, when possible it shall require the small business to correct the violation within a reasonable period of time, in a manner specified by the agency.  If correction is impossible, no correction may be required and failure to correct is not grounds for reinstatement of fines, penalties, or sanctions under subsection (((4))) (5)(b) of this section.

      (((3))) (4) Exceptions to requirements of subsection (1) of this section and the waiver requirement in subsection (2) of this section may be made for any of the following reasons:

      (a) The agency head determines that the effect of the violation or waiver presents a direct danger to the public health, results in a loss of income or benefits to an employee, poses a potentially significant threat to human health or the environment, or causes serious harm to the public interest;

      (b) The violation involves a ((small business knowingly or willfully engaging in conduct that may result in a felony conviction)) knowing or willful violation;

      (c) The violation is of a requirement concerning the assessment, collection, or administration of any tax, tax program, debt, revenue, receipt, a regulated entity's financial filings, or insurance rate or form filing;

      (d) The ((waiver is)) requirements of this section are in conflict with federal law or program requirements, federal requirements that are a prescribed condition to the allocation of federal funds to the state, or the requirements for eligibility of employers in this state for federal unemployment tax credits, as determined by the agency head;

      (e) The small business committing the violation previously violated a substantially similar ((paperwork)) requirement; or

      (f) The owner or operator of the small business committing the violation owns or operates, or owned or operated a different small business which previously violated a substantially similar ((paperwork)) requirement.

      (((4))) (5)(a) Nothing in this section prohibits an agency from waiving fines, civil penalties, or administrative sanctions incurred by a small business for a paperwork violation that is not a first-time offense.

      (b) Any fine, civil penalty, or administrative sanction that is waived under this section may be reinstated and imposed in addition to any additional fines, penalties, or administrative sanctions associated with a subsequent violation for noncompliance with a substantially similar paperwork requirement, or failure to correct the previous violation as required by the agency under subsection (((2))) (3) of this section.

      (((5))) (6) Nothing in this section may be construed to diminish the responsibility for any citizen or business to apply for and obtain a permit, license, or authorizing document that is required to engage in a regulated activity, or otherwise comply with state or federal law.

      (((6))) (7) Nothing in this section shall be construed to apply to small businesses required to provide accurate and complete information and documentation in relation to any claim for payment of state or federal funds or who are licensed or certified to provide care and services to vulnerable adults or children.

      (((7))) (8) Nothing in this section affects the attorney general's authority to impose fines, civil penalties, or administrative sanctions as otherwise authorized by law; nor shall this section affect the attorney general's authority to enforce the consumer protection act, chapter 19.86 RCW.
      (9) As used in this section:

      (a) "Small business" means a business with two hundred fifty or fewer employees or a gross revenue of less than seven million dollars annually as reported on its most recent federal income tax return or its most recent return filed with the department of revenue.

      (b) "Paperwork violation" means the violation of any statutory or regulatory requirement that mandates the collection of information by an agency, or the collection, posting, or retention of information by a small business.  This includes but is not limited to requirements in the Revised Code of Washington, the Washington Administrative Code, the Washington State Register, or any other agency directive.

      (c) "First-time paperwork violation" means the first instance of a particular or substantially similar paperwork violation."

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

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Kastama, Kilmer and Zarelli to Second Substitute House Bill No. 2603.

The motion by Senator Kilmer 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 "businesses;" strike the remainder of the title and insert "and amending RCW 34.05.110."

 

MOTION

 

On motion of Senator Kilmer, the rules were suspended, Second Substitute House Bill No. 2603 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 Kilmer spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 2603 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2603 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator McCaslin

SECOND SUBSTITUTE HOUSE BILL NO. 2603 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 3001, by House Committee on Transportation (originally sponsored by Representatives Klippert, Liias, Wallace, Campbell and Simpson)

 

Addressing bicycle and pedestrian safety education in traffic schools.

 

The measure was read the second time.

 

MOTION

 

Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted. 0)

Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that a number of cities and counties in the state of Washington establish traffic schools.  A court in a county that has established a traffic school may order an individual to attend the school as part of a sentence for the conviction of a traffic violation or as a condition on the suspension or deferral of a sentence.  The legislature recognizes that since driver's education programs have only recently been required to provide information about how to drive safely among bicyclists and pedestrians, many licensed drivers do not have knowledge about such safe driving practices.  In order to increase such knowledge and to avoid unnecessary injuries, fatalities, and conflicts, the legislature believes that it is appropriate to include bicycle and pedestrian curriculum approved by the department of licensing for traffic schools or to new drivers as part of the curriculum of traffic schools.  Curriculum materials, which are donated by bicycle organizations without state expense, are available from the department of licensing and posted on the department's web site.

NEW SECTION.  Sec. 2.  A new section is added to chapter 46.83 RCW to read as follows:

      A traffic school established under this chapter shall include, as part of its curriculum on rules of the road, the curriculum for driving safely among bicyclists and pedestrians that has been approved by the department for driver training schools or traffic schools.  This curriculum requirement must not exceed thirty minutes of the class or course."

      On page 1, line 2 of the title, after "schools;" strike the remainder of the title and insert "adding a new section to chapter 46.83 RCW; and creating a new section."

 

MOTION

 

Senator McDermott moved that the following amendment by Senators McDermott and Haugen to the committee striking amendment be adopted:

0) On page 1, after line 27 of the amendment, insert the following:

"NEW SECTION.  Sec. 3.  A new section is added to chapter 46.61 RCW to read as follows:

      (1) A person commits negligent driving in the second degree with a vulnerable user victim if, under circumstances constituting negligent driving in the second degree, as defined in RCW 46.61.525, he or she proximately causes the death, great bodily harm, or substantial bodily harm of a vulnerable user of a public way.

      (2) A person commits negligent bicycling with a vulnerable user victim if he or she operates a bicycle in a manner that is both negligent and endangers or is likely to endanger any person or property and he or she proximately causes the death, great bodily harm, or substantial bodily harm of a vulnerable user of a public way.  For purposes of this subsection, "negligent" has the same meaning as in RCW 46.61.525(2).

      (3) The law enforcement officer or prosecuting authority issuing the notice of infraction for an offense under this section shall state on the notice of infraction that the offense was a proximate cause of death, great bodily harm, or substantial bodily harm, as defined in RCW 9A.04.110, of a vulnerable user of a public way.  The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.  The form for the notice of traffic infraction under this section shall be prescribed by rule of the supreme court and, in addition to the requirements of RCW 46.63.060, shall:

      (a) State that a hearing will be scheduled by the court to determine the penalties under subsection (4) or (5) of this section and, if necessary, provide an opportunity for the person to contest the determination that the offense has been committed;

      (b) State that (i) the person named in the notice of infraction is required to appear at the scheduled hearing regardless of whether the person named in the notice contests the determination that the offense has been committed, (ii) failure to appear at the hearing will result in the suspension of the person's driver's license or driving privilege for a minimum of ninety days and continue thereafter until any penalties imposed pursuant to this chapter have been satisfied; and (iii) failure to appear at the hearing will result in the imposition of a fine fixed by the court in an amount of at least one thousand dollars and not to exceed five thousand dollars; and

      (c) Include a statement of the monetary and nonmonetary penalties established and available under this section and any other applicable law.

      (4) A person found to have committed negligent driving in the second degree with a vulnerable user victim or negligent bicycling with a vulnerable user victim shall be required to:

      (a) Pay a penalty of two hundred fifty dollars;

      (b) Complete a traffic safety course approved by the court;

      (c) Perform up to one hundred hours of community service, which must be approved by the court and must include activities related to driver improvement and providing public education on traffic safety; and

      (d) Submit certification to the court establishing that the requirements of this subsection have been met.

      (5) In lieu of the penalties imposed under subsection (4) of this section, a person found to have committed a violation of this section may elect to:

      (a) Pay a fine fixed by the court in an amount of at least one thousand dollars and not to exceed five thousand dollars; and

      (b) Have his or her driving privileges suspended for ninety days.

      (6) If a person found to have committed a violation of this section does not complete all requirements of subsection (4) of this section within one year of the date the violation of this section is found committed and does not elect the penalties described in subsection (5) of this section:

      (a) The court shall impose a fine in an amount of at least one thousand dollars and not to exceed five thousand dollars; and

      (b) The person's driving privileges shall be suspended for ninety days.

      For good cause shown, the court may extend the period of time in which the person must complete the requirements of subsection (4) of this section before imposing the fine and driving privilege suspension provided for in this subsection.

      (7) If a person issued a notice of infraction for a violation of this section fails to appear for a hearing scheduled pursuant to subsection (3)(a) of this section:

      (a) The court shall enter an order assessing the monetary penalty;

      (b) The person's driving privileges shall be suspended for ninety days; and

      (c) The court shall notify the department in accordance with RCW 46.20.270 of the failure to respond to the notice of infraction or to appear at a scheduled hearing.

      For good cause shown, the court may reschedule or continue the hearing scheduled pursuant to subsection (3)(a) of this section.

      (8) An offense under this section is a traffic infraction.  To the extent not inconsistent with this section, the provisions of chapter 46.63 RCW shall apply to infractions under this section.  Procedures for the conduct of all hearings provided for in this section may be established by rule of the supreme court.

      (9) If a person's driving privileges are suspended pursuant to subsection (5)(b), (6)(b), or (7)(b) of this section, the court shall send notice of such suspension to the department.

      (10) For the purposes of this section, "vulnerable user of a public way" means:  (a) A pedestrian; (b) a person riding an animal; or (c) a person operating any of the following on a public way:

      (i) A farm tractor or implement of husbandry without an enclosed shell;

      (ii) A skateboard;

      (iii) Roller skates or in-line skates;

      (iv) A scooter;

      (v) A bicycle or tricycle;

      (vi) An electric assist bicycle;

      (vii) An electric personal assistive mobility device; or

      (viii) A wheelchair conveyance or other personal mobility device.

      (11) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.

Sec. 4.  RCW 46.20.342 and 2008 c 282 s 4 are each amended to read as follows:

      (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state.  Any person who has a valid Washington driver's license is not guilty of a violation of this section.

      (a) A person found to be ((an)) a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor.  Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days.  Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days.  Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days.  If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days.  The minimum sentence of confinement required shall not be suspended or deferred.  A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

      (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor.  This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:

      (i) A conviction of a felony in the commission of which a motor vehicle was used;

      (ii) A previous conviction under this section;

      (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

      (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;

      (v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

      (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

      (viii) A conviction of RCW 46.61.500, relating to reckless driving;

      (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

      (x) A conviction of RCW 46.61.520, relating to vehicular homicide;

      (xi) A conviction of RCW 46.61.522, relating to vehicular assault;

      (xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

      (xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

      (xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

      (xv) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;

      (xvi) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

      (xvii) An administrative action taken by the department under chapter 46.20 RCW; ((or))

      (xviii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
      (xix) A finding that a person has committed a traffic infraction under section 3 of this act and suspension of driving privileges pursuant to section 3 (5)(b), (6)(b), or (7)(b) of this act.

      (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (i) through (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

      (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:

      (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

      (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

      (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section.  If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.

NEW SECTION.  Sec. 5.  Sections 3 and 4 of this act apply to infractions committed on or after the effective date of this section.

NEW SECTION.  Sec. 6.  Sections 3 through 5 of this act take effect July 1, 2011."

      On page 2, beginning on line 1 of the title amendment, strike the title amendment and insert "On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "bicycle and pedestrian safety; amending RCW 46.20.342; adding a new section to chapter 46.83 RCW; adding a new section to chapter 46.61 RCW; creating new sections; prescribing penalties; and providing an effective date.""

 

POINT OF ORDER

 

Senator Schoesler:  “Thank you Mr. President. I believe the amendment offered is beyond the scope and object of the underlying bill and I have some arguments to offer on this Mr. President. The underlying bill deals with traffic schools and focuses on the required curriculum. Specifically, it directs traffic schools to include in their curriculum information on driving safety among bicyclists and pedestrians. By contrast the amendment hangs an entirely different bill onto this one and creates two new traffic infractions; negligence bicycling with a vulnerable user victim; and negligence driving in the second degree with a vulnerable user victim. The amendment details these infractions and provides penalties. The amendment has no connection to traffic school curriculum. For these reasons I believe that the amendment that is offered is outside the scope and object of the underlying bill and I respectfully request a ruling on this matter.”

 

POINT OF ORDER

 

Senator McDermott:  “I’d like to respond to the point of the previous speaker. Thank you Mr. President. House Bill No. 3001 before us now clearly addresses bicycling and pedestrian safety. The amendment offered by Senator Haugen and I, amendment number 292, clearly addresses bicyclist and pedestrian’s safety as well, by defining vulnerable users and addressing negligence driving in the second degree to protect vulnerable users, bicyclists and pedestrians on our roadways. I believe that its within the scope and object and request a ruling to that effect. Thank you Mr. President.”

 

RULING BY THE PRESIDENT

 

President Owen: “In ruling on the point of order raised by Senator Schoesler as to whether amendment number 292, the committee amendment to Substitute House Bill No. 3001 fits within the scope and object of the underlying bill. The President finds and rules as follows: The underlying bill and committee amendment at issue add driving safely among bicyclists and pedestrians to the traffic school curriculum. The amendment would add several new traffic infractions to the code and while they could be broadly characterized as dealing with bicyclists and pedestrians safety they are beyond the narrow scope of the committee amendment. For these reasons the President finds that the amendment number 292 is beyond the scope and object of the committee amendment and Senator Schoesler’s point is well taken.”

 

MOTION

 

On motion of Senator Eide, further consideration of Substitute House Bill No. 3001 was deferred and the bill held its place on the second reading calendar.

 

PERSONAL PRIVILEGE

 

Senator Kline:  “Mr. President, it’s getting to that season in the year and I know it’s late nights for us and boredom. Hurry up and wait, that sort of thing that normally accompanies this time of session. I’d like to, with your kind permission, have my friends and colleagues a little entertainment; oranges. I know you don’t like food on the to be eaten on the, in the chamber but I’m sure we can take our oranges in and if you don’t mind Mr. President I’d love to distribute an orange to everyone of my colleagues.”

 

REPLY BY THE PRESIDENT

 

President Owen:  “Yes sir Senator, that would be quite fine as long as I get one.”

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2876, by House Committee on Health Care & Wellness (originally sponsored by Representatives Moeller, Green and Morrell)

 

Concerning pain management.

 

The measure was read the second time.

 

MOTION

 

Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be not adopted:

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 18.22 RCW to read as follows:

      (1) By December 1, 2010, the board shall repeal its rules on pain management, WAC 246-922-510 through 246-922-540.

      (2) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including a dosage amount that must not be exceeded unless a podiatric physician and surgeon first consults with a practitioner specializing in pain management;

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids.

      (3) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of podiatric physicians and surgeons in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 2.  A new section is added to chapter 18.32 RCW to read as follows:

      (1) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including a dosage amount that must not be exceeded unless a dentist first consults with a practitioner specializing in pain management;

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids.

      (2) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of dentists in the state.

      (3) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 3.  A new section is added to chapter 18.57 RCW to read as follows:

      (1) By December 1, 2010, the board shall repeal its rules on pain management, WAC 246-853-510 through 246-853-540.

      (2) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including a dosage amount that must not be exceeded unless an osteopathic physician and surgeon first consults with a practitioner specializing in pain management;

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (3) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest association of osteopathic physicians and surgeons in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 4.  A new section is added to chapter 18.57A RCW to read as follows:

      (1) By December 1, 2010, the board shall repeal its rules on pain management, WAC 246-854-120 through 246-854-150.

      (2) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including a dosage amount that must not be exceeded unless an osteopathic physician's assistant first consults with a practitioner specializing in pain management;

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (3) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest association of osteopathic physician's assistants in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 5.  A new section is added to chapter 18.71 RCW to read as follows:

      (1) By December 1, 2010, the commission shall repeal its rules on pain management, WAC 246-919-800 through 246-919-830.

      (2) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including a dosage amount that must not be exceeded unless a physician first consults with a practitioner specializing in pain management;

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (3) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of physicians in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 6.  A new section is added to chapter 18.71A RCW to read as follows:

      (1) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including a dosage amount that must not be exceeded unless a physician assistant first consults with a practitioner specializing in pain management;

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (2) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of physician assistants in the state.

      (3) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 7.  A new section is added to chapter 18.79 RCW to read as follows:

      (1) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including a dosage amount that must not be exceeded unless an advanced registered nurse practitioner or certified registered nurse anesthetist first consults with a practitioner specializing in pain management;

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (2) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional associations for advanced registered nurse practitioners and certified registered nurse anesthetists in the state.

      (3) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 8.  The boards and commissions required to adopt rules on pain management under sections 1 through 7 of this act shall work collaboratively to ensure that the rules are as uniform as practicable."

      On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "adding a new section to chapter 18.22 RCW; adding a new section to chapter 18.32 RCW; adding a new section to chapter 18.57 RCW; adding a new section to chapter 18.57A RCW; adding a new section to chapter 18.71 RCW; adding a new section to chapter 18.71A RCW; adding a new section to chapter 18.79 RCW; and creating a new section."

 

The President declared the question before the Senate to be the motion by Senator Keiser to not adopt the committee striking amendment by the Committee on Health & Long-Term Care to Engrossed Substitute House Bill No. 2876.

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

 

MOTION

 

Senator Keiser moved that the following striking amendment by Senators Keiser and Pflug be adopted:

0) Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 18.22 RCW to read as follows:

      (1) By June 30, 2011, the board shall repeal its rules on pain management, WAC 246-922-510 through 246-922-540.

      (2) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including:

      (i) A dosage amount that must not be exceeded unless a podiatric physician and surgeon first consults with a practitioner specializing in pain management, at no additional cost to the patient; and

      (ii) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management, including the specific circumstance of a patient requiring a stable and ongoing course of treatment for pain management in which an initial consultation shall suffice for that complete course of treatment.

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids.

      (3) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of podiatric physicians and surgeons in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 2.  A new section is added to chapter 18.32 RCW to read as follows:

      (1) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including:

      (i) A dosage amount that must not be exceeded unless a dentist first consults with a practitioner specializing in pain management, at no additional cost to the patient; and

      (ii) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management, including the specific circumstance of a patient requiring a stable and ongoing course of treatment for pain management in which an initial consultation shall suffice for that complete course of treatment.

      (b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids.

      (2) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of dentists in the state.

      (3) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 3.  A new section is added to chapter 18.57 RCW to read as follows:

      (1) By June 30, 2011, the board shall repeal its rules on pain management, WAC 246-853-510 through 246-853-540.

      (2) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including:

      (i) A dosage amount that must not be exceeded unless an osteopathic physician and surgeon first consults with a practitioner specializing in pain management, at no additional cost to the patient; and

      (ii) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management, including the specific circumstance of a patient requiring a stable and ongoing course of treatment for pain management in which an initial consultation shall suffice for that complete course of treatment.

      (b) Guidance on when to seek specialty consultation, including information on sufficient training and experience to exempt an osteopathic physician and surgeon from the specialty consultation requirement, and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (3) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest association of osteopathic physicians and surgeons in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 4.  A new section is added to chapter 18.57A RCW to read as follows:

      (1) By June 30, 2011, the board shall repeal its rules on pain management, WAC 246-854-120 through 246-854-150.

      (2) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including:

      (i) A dosage amount that must not be exceeded unless an osteopathic physician's assistant first consults with a practitioner specializing in pain management, at no additional cost to the patient; and

      (ii) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management, including the specific circumstance of a patient requiring a stable and ongoing course of treatment for pain management in which an initial consultation shall suffice for that complete course of treatment.

      (b) Guidance on when to seek specialty consultation, including information on sufficient training and experience to exempt an osteopathic physician's assistant from the specialty consultation requirement, and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (3) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest association of osteopathic physician's assistants in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 5.  A new section is added to chapter 18.71 RCW to read as follows:

      (1) By June 30, 2011, the commission shall repeal its rules on pain management, WAC 246-919-800 through 246-919-830.

      (2) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including:

      (i) A dosage amount that must not be exceeded unless a physician first consults with a practitioner specializing in pain management, at no additional cost to the patient; and

      (ii) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management, including the specific circumstance of a patient requiring a stable and ongoing course of treatment for pain management in which an initial consultation shall suffice for that complete course of treatment.

      (b) Guidance on when to seek specialty consultation, including information on sufficient training and experience to exempt a physician from the specialty consultation requirement, and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (3) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of physicians in the state.

      (4) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 6.  A new section is added to chapter 18.71A RCW to read as follows:

      (1) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including:

      (i) A dosage amount that must not be exceeded unless a physician assistant first consults with a practitioner specializing in pain management, at no additional cost to the patient; and

      (ii) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management, including the specific circumstance of a patient requiring a stable and ongoing course of treatment for pain management in which an initial consultation shall suffice for that complete course of treatment.

      (b) Guidance on when to seek specialty consultation, including information on sufficient training and experience to exempt a physician assistant from the specialty consultation requirement, and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (2) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional association of physician assistants in the state.

      (3) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 7.  A new section is added to chapter 18.79 RCW to read as follows:

      (1) By June 30, 2011, the commission shall adopt new rules on chronic, noncancer pain management that contain the following elements:

      (a) Dosing criteria, including:

      (i) A dosage amount that must not be exceeded unless an advanced registered nurse practitioner or certified registered nurse anesthetist first consults with a practitioner specializing in pain management, at no additional cost to the patient; and

      (ii) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management, including the specific circumstance of a patient requiring a stable and ongoing course of treatment for pain management in which an initial consultation shall suffice for that complete course of treatment.

      (b) Guidance on when to seek specialty consultation, including information on sufficient training and experience to exempt an advanced registered nurse practitioner or certified registered nurse anesthetist from the specialty consultation requirement, and ways in which electronic specialty consultations may be sought;

      (c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and

      (d) Guidance on tracking the use of opioids, particularly in the emergency department.

      (2) The commission shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional associations for advanced registered nurse practitioners and certified registered nurse anesthetists in the state.

      (3) The rules adopted under this section do not apply:

      (a) To the provision of palliative, hospice, or other end-of-life care; or

      (b) To the management of acute pain caused by an injury or a surgical procedure.

NEW SECTION.  Sec. 8.  (1) The boards and commissions required to adopt rules on pain management under sections 1 through 7 of this act shall work collaboratively to ensure that the rules are as uniform as practicable.

      (2) On January 11, 2011, each of the boards and commissions required to adopt rules on pain management under sections 1 through 7 of this act shall submit the proposed rules required by this act to the appropriate committees of the legislature."

      Senators Keiser, Pflug and Franklin spoke in favor of adoption of the striking amendment.

      Senator Fairley spoke against adoption of the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Keiser and Pflug to Engrossed Substitute House Bill No. 2876.

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

 

MOTION

 

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

      On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "adding a new section to chapter 18.22 RCW; adding a new section to chapter 18.32 RCW; adding a new section to chapter 18.57 RCW; adding a new section to chapter 18.57A RCW; adding a new section to chapter 18.71 RCW; adding a new section to chapter 18.71A RCW; adding a new section to chapter 18.79 RCW; and creating a new section."

 

MOTION

 

On motion of Senator Keiser, the rules were suspended, Engrossed Substitute House Bill No. 2876 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

 

MOTION

 

On motion of Senator Marr, Senator Regala was excused.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2876 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2876 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 37; Nays, 10; Absent, 0; Excused, 2.

      Voting yea: Senators Becker, Benton, Brandland, Brown, Carrell, Eide, Franklin, Fraser, Gordon, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, McAuliffe, McDermott, Morton, Murray, Parlette, Pflug, Prentice, Pridemore, Ranker, Roach, Rockefeller, Schoesler, Sheldon, Shin, Swecker and Tom

      Voting nay: Senators Berkey, Delvin, Fairley, Hatfield, Hobbs, Holmquist, Marr, Oemig, Stevens and Zarelli

      Excused: Senators McCaslin and Regala

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2876, 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 9:13 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 9:15 p.m. by President Owen.

 

MOTION

 

At 9:15 p.m., on motion of Senator Eide, the Senate adjourned until 8:30 a.m. Friday, March 5, 2010.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate

 

 

 

 

 




1317-S2

Second Reading.................................................................... 18

Third Reading Final Passage................................................ 18

1418-S2

Second Reading.................................................................... 19

Third Reading Final Passage................................................ 19

1545-S

Second Reading.................................................................... 18

Third Reading Final Passage................................................ 18

1576

Second Reading.................................................................... 19

Third Reading Final Passage................................................ 19

1679-S

Other Action........................................................................ 25

Second Reading.............................................................. 24, 25

Third Reading Final Passage................................................ 25

1714-S

Other Action.......................................................................... 3

Second Reading.................................................................. 2, 3

Third Reading Final Passage.................................................. 3

1761-S2

Second Reading.................................................................... 29

2403-S

Second Reading.................................................................... 74

Third Reading Final Passage................................................ 74

2406

Second Reading.................................................................... 73

Third Reading Final Passage................................................ 73

2416-S

Other Action........................................................................ 20

Second Reading.................................................................... 19

Third Reading Final Passage................................................ 20

2422-S

Second Reading.................................................................... 29

Third Reading Final Passage................................................ 30

2424-S

Other Action........................................................................ 12

Second Reading.......................................................... 5, 10, 11

Third Reading Final Passage................................................ 13

2428

Second Reading...................................................................... 4

Third Reading Final Passage.................................................. 4

2429-S

Second Reading...................................................................... 4

Third Reading Final Passage.................................................. 4

2496-S

Second Reading.................................................................... 24

Third Reading Final Passage................................................ 24

2503-S

Other Action........................................................................ 26

Second Reading.................................................................... 26

Third Reading Final Passage................................................ 26

2546-S

Second Reading.................................................................... 38

Third Reading Final Passage................................................ 39

2564-S

Second Reading.................................................................... 32

Third Reading Final Passage................................................ 32

2575

Second Reading.................................................................... 15

Third Reading Final Passage................................................ 15

2592

Second Reading...................................................................... 4

Third Reading Final Passage.................................................. 4

2603-S2

Other Action.................................................................. 75, 76

Second Reading.............................................................. 74, 75

Third Reading Final Passage................................................ 76

2620-S

Second Reading.................................................................... 16

Third Reading Final Passage................................................ 16

2621

Other Action........................................................................ 28

Second Reading.................................................................... 27

Third Reading Final Passage................................................ 28

2658-S2

Other Action.................................................................. 61, 72

Second Reading.............................................................. 39, 61

Third Reading Final Passage................................................ 73

2678-S

Second Reading.................................................................... 16

Third Reading Final Passage................................................ 16

2684-S

Second Reading.................................................................... 28

Third Reading Final Passage................................................ 28

2707

Second Reading.................................................................... 38

Third Reading Final Passage................................................ 38

2717-S

Other Action........................................................................ 21

Second Reading.................................................................... 20

Third Reading Final Passage................................................ 21

2752-S

Other Action........................................................................ 31

Second Reading.................................................................... 30

Third Reading Final Passage................................................ 31

2775-S

Other Action........................................................................ 17

Second Reading.............................................................. 16, 17

Third Reading Final Passage................................................ 17

2776-S

Other Action........................................................................ 37

Other Action........................................................................ 39

Second Reading.............................................................. 32, 37

Third Reading & Final Passage............................................ 39

Third Reading Final Passage................................................ 38

2801-S

Other Action........................................................................ 23

Second Reading.................................................................... 22

Third Reading Final Passage................................................ 23

2823

Second Reading.................................................................... 31

Third Reading Final Passage................................................ 31

2876-S

Other Action.................................................................. 80, 82

Second Reading.............................................................. 79, 80

Third Reading Final Passage................................................ 83

2877

Second Reading.................................................................... 73

Third Reading Final Passage................................................ 73

3001-S

Second Reading.................................................................... 76

3124-S

Other Action........................................................................ 27

Second Reading.................................................................... 27

Third Reading Final Passage................................................ 27

3145-S

Second Reading.................................................................... 29

Third Reading Final Passage................................................ 29

3178-S

Messages................................................................................ 1

4220-S

Other Action........................................................................ 24

Second Reading.............................................................. 23, 24

Third Reading Final Passage................................................ 24

6182

Committee Report............................................................... 13

6209

Messages................................................................................ 1

President Signed................................................................... 31

6279

Messages................................................................................ 1

President Signed................................................................... 31

6330

Messages................................................................................ 1

President Signed................................................................... 31

6341-S

Messages................................................................................ 1

President Signed................................................................... 31

6453

Messages................................................................................ 1

President Signed................................................................... 32

6487

Messages................................................................................ 1

President Signed................................................................... 32

6510-S

Messages................................................................................ 1

President Signed................................................................... 32

6555

Messages................................................................................ 1

President Signed................................................................... 32

6558-S

Messages................................................................................ 1

President Signed................................................................... 32

6577-S

Messages................................................................................ 1

President Signed................................................................... 32

6816-S

Messages................................................................................ 1

President Signed................................................................... 32

6849

Committee Report............................................................... 13

6869

Committee Report............................................................... 13

6871

Committee Report............................................................... 13

6877

Committee Report............................................................... 13

6878

Committee Report............................................................... 14

6880

Committee Report............................................................... 14

8712

Adopted................................................................................. 1

Introduced.............................................................................. 1

9017 William Chapman

Confirmed............................................................................ 26

9025 Karen Daubert

Confirmed............................................................................ 14

9171 David Troutt

Confirmed............................................................................ 15

9182 Harold Cochran

Confirmed............................................................................ 15

9238 Harriet Spanel

Confirmed............................................................................ 25

9271 Kate Reardon

Confirmed............................................................................ 14

PRESIDENT OF THE SENATE

Intro. Special Guest, Honorable Claire Eeles, Consul