SIXTIETH  DAY

 


MORNING SESSION

 

Senate Chamber, Olympia, Thursday, March 8, 2012

 

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

The Sergeant at Arms Color Guard consisting of Pages Ryan Bishop and Victoria Morales, presented the Colors. Senator Shin offered the prayer.

 

MOTION

 

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

 

MOTION

 

There being no objection, the Senate advanced to the first order of business.

 

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

 

March 6, 2012

SGA 9020         JAMES COOK, reappointed on November 30, 2009, for the term ending October 1, 2013, as Member of The Life Sciences Discovery Fund Authority Board of Trustees.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators  Kohl-Welles, Chair; Conway, Vice Chair; Holmquist Newbry and Keiser.

 

Passed to Committee on Rules for second reading.

 

March 6, 2012

SGA 9043         TONY HEY, reappointed on November 30, 2009, for the term ending October 1, 2013, as Member of The Life Sciences Discovery Fund Authority Board of Trustees.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators  Kohl-Welles, Chair; Conway, Vice Chair; Holmquist Newbry and Keiser.

 

Passed to Committee on Rules for second reading.

 

March 6, 2012

SGA 9243         MARILYN GLENN SAYAN, reappointed on November 21, 2011, for the term ending September 8, 2016, as Member of the Public Employment Relations Commission.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators  Kohl-Welles, Chair; Conway, Vice Chair; Holmquist Newbry and Keiser.

 

Passed to Committee on Rules for second reading.

 

March 6, 2012

SGA 9285         BRUCE MONTGOMERY, reappointed on January 24, 2012, for the term ending October 1, 2015, as Member of The Life Sciences Discovery Fund Authority Board of Trustees.  Reported by Committee on Labor, Commerce & Consumer Protection

 

MAJORITY recommendation:  That said appointment be confirmed.  Signed by Senators  Kohl-Welles, Chair; Conway, Vice Chair; Holmquist Newbry and Keiser.

 

Passed to Committee on Rules for second reading.

 

MOTION

 

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

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 7, 2012

 

MR. PRESIDENT:

The House has passed: 

SUBSTITUTE SENATE BILL NO. 6581,

ENGROSSED SENATE BILL NO. 6608.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 7, 2012

 

MR. PRESIDENT:

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

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2264,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2373,

THIRD SUBSTITUTE HOUSE BILL NO. 2585.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SJM 8019           by Senators Fraser, Regala, Rolfes, Shin, Nelson, Conway, Carrell, Swecker, Eide, Pridemore, Chase, Honeyford, Harper and Ranker

 

Requesting the designation of a National Marine Heritage Area.

 

Referred to Committee on Government Operations, Tribal Relations & Elections.

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

3E2SHB 2565    by House Committee on Ways & Means (originally sponsored by Representatives Kirby, Harris, Dammeier, Walsh, Orwall, Kelley, Moscoso and Zeiger)

 

AN ACT Relating to persons who operate a roll-your-own cigarette machine at retail establishments; amending RCW 82.24.010, 82.24.030, 82.24.035, 82.24.050, 82.24.060, 82.24.110, 82.24.120, 82.24.180, 82.24.295, 82.24.500, and 82.24.530; reenacting and amending RCW 82.24.130; prescribing penalties; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

MOTION

 

      Senator Eide moved that all measures listed on the Introduction and First Reading report be referred to the committees as designated.

 

PARLIAMENTARY INQUIRY

 

Senator Padden:  “On Second Substitute House Bill No. 2565 which appears to be not necessary to implement the budget passed by the senate, which also appears to have a problem with 1053: Would the proper time for that ruling or that inquiry point of order be now or be If the bill comes before us on second reading?”

 

REPLY BY THE PRESIDENT

 

President Owen:  “The President believes the answer to your question is the appropriate time to raise the issue of the point of order is on second reading or third reading.”

 

      The President declared the question before the Senate to be the motion by Senator Eide that the measures listed on the Introduction and First Reading report be referred to the committees as designated.

      The motion by Senator Eide carried by voice vote.

 

MOTION

 

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

 

MOTION

 

On motion of Senator Harper, Senator Brown was excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Kline moved that Gubernatorial Appointment No. 9044, Betsy Hollingsworth, as a member of the Indeterminate Sentence Review Board, be confirmed.

      Senator Kline spoke in favor of the motion.

 

MOTION

 

On motion of Senator Ericksen, Senators Hewitt, Holmquist Newbry, Pflug and Zarelli were excused.

 

APPOINTMENT OF BETSY HOLLINGSWORTH

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9044, Betsy Hollingsworth as a member of the Indeterminate Sentence Review Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9044, Betsy Hollingsworth as a member of the Indeterminate Sentence Review Board and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Becker, Benton, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Brown, Hewitt and Holmquist Newbry

Gubernatorial Appointment No. 9044, Betsy Hollingsworth, having received the constitutional majority was declared confirmed as a member of the Indeterminate Sentence Review Board.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Schoesler moved that Gubernatorial Appointment No. 9255, Charles McFadden, as a member of the Board of Trustees Big Bend Community College District No. 18, be confirmed.

      Senator Schoesler spoke in favor of the motion.

 

APPOINTMENT OF CHARLES MCFADDEN

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9255, Charles McFadden as a member of the Board of Trustees Big Bend Community College District No. 18.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9255, Charles McFadden as a member of the Board of Trustees Big Bend Community College District No. 18 and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Becker, Benton, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Baumgartner

      Excused: Senators Brown and Hewitt

Gubernatorial Appointment No. 9255, Charles McFadden, having received the constitutional majority was declared confirmed as a member of the Board of Trustees Big Bend Community College District No. 18.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

On motion of Senator Harper, Senator Prentice was excused.

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9257, Ron Simms, Member, Board of Regents Washington State University.

 

MOTION

 

On motion of Senator Frockt, further consideration of Gubernatorial Appointment No. 9257 was deferred and the appointment held its place on the confirmation calendar.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Keiser moved that Gubernatorial Appointment No. 9041, Gary Harris, as a member of the Board of Pharmacy, be confirmed.

      Senator Keiser spoke in favor of the motion.

 

APPOINTMENT OF GARY HARRIS

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9041, Gary Harris as a member of the Board of Pharmacy.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9041, Gary Harris as a member of the Board of Pharmacy and the appointment was confirmed by the following vote:  Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

      Voting yea: Senators Baumgartner, Chase, Conway, Eide, Fain, Fraser, Frockt, Harper, Hatfield, Haugen, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin, Tom and Zarelli

      Voting nay: Senators Becker, Benton, Carrell, Delvin, Ericksen, Hargrove, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens and Swecker

      Excused: Senators Brown and Hewitt

Gubernatorial Appointment No. 9041, Gary Harris, having received the constitutional majority was declared confirmed as a member of the Board of Pharmacy.

 

MOTION

 

On motion of Senator Delvin, Senator Benton was excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Keiser moved that Gubernatorial Appointment No. 9029, Kim Ekker, as a member of the Board of Pharmacy, be confirmed.

      Senators Keiser and Baumgartner spoke in favor of the motion.

      Senators Parlette and Padden spoke against of the motion.

 

APPOINTMENT OF KIM EKKER

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9029, Kim Ekker as a member of the Board of Pharmacy.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9029, Kim Ekker as a member of the Board of Pharmacy and the appointment was confirmed by the following vote:  Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Brown, Chase, Conway, Eide, Fain, Fraser, Frockt, Harper, Hatfield, Haugen, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin and Tom

      Voting nay: Senators Becker, Carrell, Delvin, Ericksen, Hargrove, Hewitt, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      Excused: Senator Benton

Gubernatorial Appointment No. 9029, Kim Ekker, having received the constitutional majority was declared confirmed as a member of the Board of Pharmacy.

 

MOTION

 

On motion of Senator Harper, Senator Keiser was excused.

 

The President appointed the following members to the Joint Select Committee on Article IX Litigation as established in House Concurrent Resolution No. 4410: Senator Fain, Frockt, Litzow and Rolfes.

 

On motion of Senator Eide, the appointments were confirmed.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2799, by House Committee on Education (originally sponsored by Representatives Sullivan, Santos, Maxwell, Darneille, Hunt, Carlyle, Haigh, Pollet and Kenney)

 

Authorizing a five-year pilot project for up to six collaborative schools for innovation and success operated by school districts in partnership with colleges of education.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute House Bill No. 2799 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, Litzow, Tom, Nelson, Rolfes, Roach and Chase spoke in favor of passage of the bill.

      Senator Ericksen spoke against passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2799.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2799 and the bill passed the Senate by the following vote:  Yeas, 43; Nays, 6; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Roach, Rolfes, Schoesler, Sheldon, Shin, Swecker, Tom and Zarelli

      Voting nay: Senators Ericksen, Holmquist Newbry, Morton, Padden, Regala and Stevens

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2799, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

The President signed:

SUBSTITUTE SENATE BILL NO. 6138,

SUBSTITUTE SENATE BILL NO. 6226,

SUBSTITUTE SENATE BILL NO. 6240,

ENGROSSED SENATE BILL NO. 6257,

SUBSTITUTE SENATE BILL NO. 6386,

SUBSTITUTE SENATE BILL NO. 6468,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6486,

SUBSTITUTE SENATE BILL NO. 6493,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6555,

SUBSTITUTE SENATE BILL NO. 6581,

ENGROSSED SENATE BILL NO. 6608,

SENATE JOINT RESOLUTION NO. 8223.

 

SECOND READING

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2483, by House Committee on Higher Education (originally sponsored by Representatives Seaquist, Haler, Zeiger and Kelley)

 

Creating the office of the student achievement council. Revised for 2nd Substitute: Regarding higher education coordination.

 

The measure was read the second time.

 

MOTION

 

Senator Becker moved that the following amendment by Senators Becker, Hill and Tom be adopted:

0)On page 3, line 33, after "composed of" strike "ten" and insert "nine"

On page 4, line 26, after "colleges;" insert "and"

On page 4, beginning on line 29, after "education" strike all material through "board" on line 34

Senators Becker and Tom spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Becker, Hill and Tom on page 3, line 33 to Engrossed Second Substitute House Bill No. 2483.

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

 

MOTION

 

Senator Becker moved that the following amendment by Senators Becker, Hill and Tom be adopted:

0)On page 4, line 29, after "education" insert ".  The representative appointed under this subsection (2)(c)(iii) shall excuse himself or herself from voting on matters relating primarily to institutions of higher education"

Senators Becker and Tom spoke in favor of adoption of the amendment.

 

MOTION

 

On motion of Senator Harper, Senator Frockt was excused.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Becker, Hill and Tom on page 4, line 29 to Engrossed Second Substitute House Bill No. 2483.

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

 

MOTION

 

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

0)On page 13, line 15, after "submitted" insert "to the office of financial management"

On page 13, line 20, after "submitted" insert "to the office of financial management"

Beginning on page 13, line 32, strike all material through "council" on page 14, line 9 and insert "((The board shall review and evaluate the operating and capital budget requests from four-year institutions and the community and technical college system based on how the requests align with the board's budget priorities, the missions of the institutions, and the statewide strategic master plan for higher education under RCW 28B.76.200.
      (4) The board shall submit recommendations on the proposed operating budget and priorities to the office of financial management by October 1st of each even-numbered year, and to the legislature by January 1st of each odd-numbered year.
      (5)(a) The board's capital budget recommendations for the community and technical college system and the four-year institutions must be submitted to the office of financial management and to the legislature by November 15th of each even-numbered year.
      (b))) (4)(a) The ((board)) office of financial management"

On page 14, at the beginning of line 21, strike all material through "council" and insert "(((c))) (b) The ((board)) office of financial management"

On page 14, at the beginning of line 25, strike "(d)" and insert "(((d))) (c)"

On page 14, at the beginning of line 36, strike "(6)" and insert "(((6))) (5)"

Correct any internal references accordingly.

Beginning on page 14, line 38, after "to" strike all material through "to" on page 15, line 3 and insert "((the board at the same time they are submitted to the office of financial management.  The board shall submit recommendations on the proposed supplemental budget requests to))"

Senator Tom 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 Tom and others on page 13, line 15 to Engrossed Second Substitute House Bill No. 2483.

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

 

MOTION

 

On motion of Senator Tom, the rules were suspended, Engrossed Second Substitute House Bill No. 2483 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 Tom, Becker and McAuliffe 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. 2483 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2483 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2483 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 2620, by Representative Hunter

 

Addressing the management and investment of state funds and accounts.

 

The measure was read the second time.

 

MOTION

 

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

      Senator Murray spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2620.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2620 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

ENGROSSED 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

 

HOUSE BILL NO. 2803, by Representative Cody

 

Concerning health care services for incarcerated offenders.

 

The measure was read the second time.

 

MOTION

 

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

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

"Sec. 1.  RCW 72.10.020 and 1995 1st sp.s. c 19 s 17 are each amended to read as follows:

      (1) Upon entry into the correctional system, offenders shall receive an initial medical examination.  The department shall prepare a health profile for each offender that includes at least the following information:  (a) An identification of the offender's serious medical and dental needs; (b) an evaluation of the offender's capacity for work and recreation; and (c) a financial assessment of the offender's ability to pay for all or a portion of his or her health care services from personal resources or private insurance.

      (2)(a) The department may develop and implement a plan for the delivery of health care services and personal hygiene items to offenders in the department's correctional facilities, at the discretion of the secretary, and in conformity with federal law.

      (b) To discourage unwarranted use of health care services caused by unnecessary visits to health care providers, offenders shall participate in the costs of their health care services by paying an amount that is commensurate with their resources as determined by the department, or a nominal amount of no less than ((three)) four dollars per visit, as determined by the secretary.  Under the authority granted in RCW 72.01.050(2), the secretary may authorize the superintendent to collect this amount directly from an offender's institution account.  All copayments collected from offenders' institution accounts shall be ((deposited into the general fund)) a reduction in the expenditures for offender health care at the department.

      (c) Offenders are required to make copayments for initial health care visits that are offender initiated and, by rule adopted by the department, may be charged a copayment for subsequent visits related to the medical condition which caused the initial visit.  ((Offenders are not required to pay for emergency treatment or for visits initiated by health care staff or treatment of those conditions that constitute a serious health care need.))

      (d) No offender may be refused any health care service because of indigence.

      (e) At no time shall the withdrawal of funds for the payment of a medical service copayment result in reducing an offender's institution account to an amount less than the level of indigency as defined in chapter 72.09 RCW.

      (3)(((a))) The department shall report annually to the legislature the following information for the fiscal year preceding the report:  (((i))) (a) The total number of health care visits made by offenders; (((ii))) (b) the total number of copayments assessed; (((iii))) (c) the total dollar amount of copayments collected; (((iv))) (d) the total number of copayments not collected due to an offender's indigency; and (((v))) (e) the total number of copayments not assessed due to the serious or emergent nature of the health care treatment or because the health care visit was not offender initiated.

      (((b) The first report required under this section shall be submitted not later than October 1, 1996, and shall include, at a minimum, all available information collected through the second half of fiscal year 1996.  This subsection (3)(b) shall expire December 1, 1996.))

      (4)(a) The secretary shall adopt, by rule, a uniform policy relating to the distribution and replenishment of personal hygiene items for inmates incarcerated in all department institutions.  The policy shall provide for the initial distribution of adequate personal hygiene items to inmates upon their arrival at an institution.

      (b) The acquisition of replenishment personal hygiene items is the responsibility of inmates, except that indigent inmates shall not be denied adequate personal hygiene items based on their inability to pay for them.

      (c) The policy shall provide that the replenishment personal hygiene items be distributed to inmates only in authorized quantities and at intervals that reflect prudent use and customary wear and consumption of the items.

      (5) To the extent that federal law allows and federal financial participation is available, for the limited purpose of implementing this section, the department, or the department's designee, is authorized to act on behalf of an inmate for purposes of applying for medicaid eligibility.
      (6) The following become a debt and are subject to RCW 72.09.450:

      (a) All copayments under subsection (2) of this section that are not collected when the visit occurs; and

      (b) All charges for replenishment personal hygiene items that are not collected when the item is distributed.

Sec. 2.  RCW 72.10.030 and 1989 c 157 s 4 are each amended to read as follows:

      (1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents as may be necessary to provide ((basic)) medical, behavioral health, and chemical dependency treatment care to inmates.  The contracts shall not cause the termination of classified employees of the department rendering the services at the time the contract is executed.

      (2) In contracting for services, the secretary is authorized to provide for indemnification of health care practitioners who cannot obtain professional liability insurance through reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith performance or failure of performance of services on behalf of the department.  The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees.

(3) Providers of hospital services that are hospitals licensed under chapter 70.41 RCW shall contract with the department for inpatient, outpatient, and ancillary services if deemed appropriate by the department.  Payments to hospitals shall conform to the following requirements:
      (a) The department shall pay hospitals through the provider one system operated by the Washington state health care authority;
      (b) The department shall reimburse the hospitals using the reimbursement methodology in use by the state medicaid program; and
      (c) The department shall only reimburse a provider of hospital services to a hospital patient at a rate no more than the amount payable under the medicaid reimbursement structure plus a percentage increase that is determined in the operating budget, regardless of whether the hospital is located within or outside of Washington.

NEW SECTION.  Sec. 3.  A new section is added to chapter 70.41 RCW to read as follows:

      As a condition of licensure, a hospital must contract with the department of corrections pursuant to RCW 72.10.030."

      Senators Stevens and Hargrove 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 Stevens and Hargrove to House Bill No. 2803.

The motion by Senator Stevens 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 4 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 72.10.020 and 72.10.030; and adding a new section to chapter 70.41 RCW."

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, House Bill No. 2803 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of House Bill No. 2803 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2803 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 46; Nays, 1; Absent, 2; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Shin, Stevens and Swecker

      Voting nay: Senator Sheldon

      Absent: Senators Tom and Zarelli

HOUSE BILL NO. 2803 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 SENATE BILL NO. 5873, by Senators Prentice, Parlette, Hewitt, Murray, Harper, Holmquist Newbry, Chase, Zarelli, Hobbs, King, Fain, Honeyford, Tom, Kilmer and McAuliffe

 

Concerning the sales and use tax exemption for qualifying businesses of eligible server equipment.

 

The measure was read the second time.

 

MOTION

 

Senator Holmquist Newbry moved that the following striking amendment by Senators Holmquist Newbry and Prentice 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 encourage immediate investments in technology facilities that can provide an economic stimulus, sustain long-term jobs that provide living wages, and help build the digital infrastructure that can enable the state to be competitive for additional technology investment and jobs.

      (2) There is currently an intense competition for data center construction and operation in many states including:  Oregon, Arizona, North and South Carolina, North Dakota, Iowa, Virginia, Texas, and Illinois.  Unprecedented incentives are available as a result of the desire of these states to attract investments that will serve as a catalyst for additional clusters of economic activity.

      (3) Data center technology has advanced rapidly, with marked increases in energy efficiency.  Large, commercial-grade data centers leverage the economies of scale to reduce energy consumption.  Combining digitized processes with the economies of scale recognized at these data centers, today's enterprises can materially reduce the energy they consume and greatly improve their efficiency.

      (4) The legislature finds that offering an exemption for server and related electrical equipment and installation will act as a stimulus to incent immediate investment.  This investment will bring jobs, tax revenues, and economic growth to some of our state's rural areas.

Sec. 2.  RCW 82.08.986 and 2010 1st sp.s. c 23 s 1601 are each amended to read as follows:

      (1) An exemption from the tax imposed by RCW 82.08.020 is provided for sales to qualifying businesses and to qualifying tenants of eligible server equipment to be installed, without intervening use, in an eligible computer data center, and to charges made for labor and services rendered in respect to installing eligible server equipment.  The exemption also applies to sales to qualifying businesses of eligible power infrastructure, including labor and services rendered in respect to constructing, installing, repairing, altering, or improving eligible power infrastructure.

      (2)(a) In order to claim the exemption under this section, a qualifying business or a qualifying tenant must submit an application to the department for an exemption certificate.  The application must include the information necessary, as required by the department, to determine that a business or tenant qualifies for the exemption under this section.  The department must issue exemption certificates to qualifying businesses and qualifying tenants.  The department may assign a unique identification number to each exemption certificate issued under this section.

      (b) A qualifying business or a qualifying tenant claiming the exemption under this section must present the seller with an exemption certificate in a form and manner prescribed by the department.  The seller must retain a copy of the certificate for the seller's files.

      (3)(a) Within six years of the date that the department issued an exemption certificate under this section to a qualifying business or a qualifying tenant with respect to an eligible computer data center, the qualifying business or qualifying tenant must establish that net employment at the eligible computer data center has increased by a minimum of:

      (i) Thirty-five family wage employment positions; or

      (ii) Three family wage employment positions for each twenty thousand square feet of space or less that is newly dedicated to housing working servers at the eligible computer data center.  For qualifying ((businesses that lease space at an eligible computer data center)) tenants, the number of family wage employment positions that must be increased under this subsection (3)(a)(ii) is based only on the space occupied by the ((lessee)) qualifying tenant in the eligible computer data center.

      (b) In calculating the net increase in family wage employment positions:

      (i) The owner of an eligible computer data center, in addition to its own net increase in family wage employment positions, may include:

      (A) The net increase in family wage employment positions employed by qualifying ((businesses leasing space within the eligible computer data center from the owner)) tenants; and

      (B) The net increase in family wage employment positions described in (c)(ii)(B) of this subsection (3).

      (ii)(A) ((Lessees of the owner of an eligible computer data center)) Qualifying tenants, in addition to their own net increase in family wage employment positions, may include:

      (I) A portion of the net increase in family wage employment positions employed by the owner; and

      (II) A portion of the net increase in family wage employment positions described in (c)(ii)(B) of this subsection (3).

      (B) The portion of the net increase in family wage employment positions to be counted under this subsection (3)(b)(ii) by each ((lessee)) qualifying tenant must be in proportion to the amount of space in the eligible computer data center occupied by the ((lessee)) qualifying tenant compared to the total amount of space in the eligible computer data center occupied by all ((lessees that are qualifying businesses)) qualifying tenants.

      (c)(i) For purposes of this subsection, family wage employment positions are new permanent employment positions requiring forty hours of weekly work, or their equivalent, on a full-time basis at the eligible computer data center and receiving a wage equivalent to or greater than one hundred fifty percent of the per capita personal income of the county in which the qualified project is located.  An employment position may not be counted as a family wage employment position unless the employment position is entitled to health insurance coverage provided by the employer of the employment position.  For purposes of this subsection (3)(c), "new permanent employment position" means an employment position that did not exist or that had not previously been filled as of the date that the department issued an exemption certificate to the owner or ((lessee)) qualifying tenant of an eligible computer data center, as the case may be.

      (ii)(A) Family wage employment positions include positions filled by employees of the owner of the eligible computer data center and by employees of qualifying ((businesses leasing space from the owner of the eligible computer data center)) tenants.

      (B) Family wage employment positions also include individuals performing work at an eligible computer data center as an independent contractor hired by the owner of the eligible computer data center or as an employee of an independent contractor hired by the owner of the eligible computer data center, if the work is necessary for the operation of the computer data center, such as security and building maintenance, and provided that all of the requirements in (c)(i) of this subsection (3) are met.

      (d) All previously exempted sales and use taxes are immediately due and payable for a qualifying business or qualifying tenant that does not meet the requirements of this subsection.

      (4) A qualifying business or a qualifying tenant claiming an exemption under this section or RCW 82.12.986 must complete an annual report with the department as required under RCW 82.32.534.

      (5)(a) The exemption provided in this section does not apply to:

      (i) Any person who has received the benefit of the deferral program under chapter 82.60 RCW on:  (A) The construction, renovation, or expansion of a structure or structures used as a computer data center; or (B) machinery or equipment used in a computer data center; and

      (ii) Any person affiliated with a person within the scope of (a)(i) of this subsection (5).  For purposes of this subsection, "affiliated" means that one person has a direct or indirect ownership interest of at least twenty percent in another person.

      (b) If a person claims an exemption under this section and subsequently receives the benefit of the deferral program under chapter 82.60 RCW on either the construction, renovation, or expansion of a structure or structures used as a computer data center or machinery or equipment used in a computer data center, the person must repay the amount of taxes exempted under this section.  Interest as provided in chapter 82.32 RCW applies to amounts due under this section until paid in full.

      (6) For purposes of this section the following definitions apply unless the context clearly requires otherwise:

      (a)(i) "Computer data center" means a facility comprised of one or more buildings, which may be comprised of multiple businesses, constructed or refurbished specifically, and used primarily, to house working servers, where the facility has the following characteristics: (A) Uninterruptible power supplies, generator backup power, or both; (B) sophisticated fire suppression and prevention systems; and (C) enhanced physical security, such as:  Restricted access to the facility to selected personnel; permanent security guards; video camera surveillance; an electronic system requiring passcodes, keycards, or biometric scans, such as hand scans and retinal or fingerprint recognition; or similar security features.

      (ii) For a computer data center comprised of multiple buildings, each separate building constructed or refurbished specifically, and used primarily, to house working servers is considered a computer data center if it has all of the characteristics listed in (a)(i)(A) through (C) of this subsection (6).

      (iii) A facility comprised of one building or more than one building must have a combined square footage of at least one hundred thousand square feet.

      (b) "Electronic data storage and data management services" include, but are not limited to:  Providing data storage and backup services, providing computer processing power, hosting enterprise software applications, and hosting web sites.  The term also includes providing services such as e-mail, web browsing and searching, media applications, and other online services, regardless of whether a charge is made for such services.

      (c)(i) "Eligible computer data center" means a computer data center:

      (A) Located in a rural county as defined in RCW 82.14.370;

      (B) Having at least twenty thousand square feet dedicated to housing working servers, where the server space has not previously been dedicated to housing working servers; and

      (C) For which the commencement of construction occurs:
      (I) After March 31, 2010, and before July 1, 2011; or
      (II) After March 31, 2012, and before July 1, 2015.

(ii) For purposes of this section, "commencement of construction" means the date that a building permit is issued under the building code adopted under RCW 19.27.031 for construction of the computer data center.  The construction of a computer data center includes the expansion, renovation, or other improvements made to existing facilities, including leased or rented space.  "Commencement of construction" does not include soil testing, site clearing and grading, site preparation, or any other related activities that are initiated before the issuance of a building permit for the construction of the foundation of a computer data center.

      (((ii))) (iii) With respect to facilities in existence on April 1, 2010, that are expanded, renovated, or otherwise improved after March 31, 2010, or facilities in existence on April 1, 2012, that are expanded, renovated, or otherwise improved after March 31, 2012, an eligible computer data center includes only the portion of the computer data center meeting the requirements in (c)(i)(B) of this subsection (6).

      (d) "Eligible power infrastructure" means all fixtures and equipment owned by a qualifying business, or qualifying tenant and necessary for the transformation, distribution, or management of electricity that is required to operate eligible server equipment within an eligible computer data center.  The term includes ((electrical substations,)) generators((,)); wiring((, and)); cogeneration equipment; and associated fixtures and equipment, such as electrical switches, batteries, and distribution, testing, and monitoring equipment.

      (e) "Eligible server equipment" means:
      (i) For a qualifying business whose computer data center qualifies as an eligible computer data center under (c)(i)(C)(I) of this subsection (6), the original server equipment installed in an eligible computer data center on or after April 1, 2010, and replacement server equipment.  For purposes of this subsection (6)(e)(i), "replacement server equipment" means server equipment that:

      (((i))) (A) Replaces existing server equipment, if the sale or use of the server equipment to be replaced qualified for an exemption under this section or RCW 82.12.986; and

      (((ii))) (B) Is installed and put into regular use before April 1, 2018.

(ii) For a qualifying business whose computer data center qualifies as an eligible computer data center under (c)(i)(C)(II) of this subsection (6), "eligible server equipment" means the original server equipment installed in an eligible computer data center on or after April 1, 2012, and replacement server equipment.  For purposes of this subsection (6)(e)(ii), "replacement server equipment" means server equipment that:
      (A) Replaces existing server equipment, if the sale or use of the server equipment to be replaced qualified for an exemption under this section or RCW 82.12.986; and
      (B) Is installed and put into regular use before April 1, 2020.
      (iii) For a qualifying tenant who leases space within an eligible computer data center, "eligible server equipment" means the original server equipment installed within the space it leases from an eligible computer data center on or after April 1, 2010, and replacement server equipment.  For purposes of this subsection (6)(e)(iii), "replacement server equipment" means server equipment that:
      (A) Replaces existing server equipment, if the sale or use of the server equipment to be replaced qualified for an exemption under this section or RCW 82.12.986; and
      (B) Is installed and put into regular use before April 1, 2020.

      (f) "Qualifying business" means a business entity that exists for the primary purpose of engaging in commercial activity for profit and that is the owner of an eligible computer data center ((or the lessee of at least twenty thousand square feet within an eligible computer data center dedicated to housing working servers, where the server space has not previously been dedicated to housing working servers)).  The term does not include the state or federal government or any of their departments, agencies, and institutions; tribal governments; political subdivisions of this state; or any municipal, quasi-municipal, public, or other corporation created by the state or federal government, tribal government, municipality, or political subdivision of the state.

      (g) (("Server" means blade or rack-mount server computers used in a computer data center exclusively to provide electronic data storage and data management services for internal use by the owner or lessee of the computer data center, for clients of the owner or lessee of the computer data center, or both.  "Server" does not include personal computers.
      (h) "Server equipment" means the server chassis and all computer hardware contained within the server chassis.  "Server equipment" also includes computer software necessary to operate the server.  "Server equipment" does not include the racks upon which the server chassis is installed, and computer peripherals such as keyboards, monitors, printers, mice, and other devices that work outside of the computer.)) "Qualifying tenant" means a business entity that exists for the primary purpose of engaging in commercial activity for profit and that leases space from a qualifying business within an eligible computer data center.  The term does not include the state or federal government or any of their departments, agencies, and institutions; tribal governments; political subdivisions of this state; or any municipal, quasi-municipal, public, or other corporation created by the state or federal government, tribal government, municipality, or political subdivision of the state.
      (h) "Server equipment" means the computer hardware located in an eligible computer data center and used exclusively to provide electronic data storage and data management services for internal use by the owner or lessee of the computer data center, for clients of the owner or lessee of the computer data center, or both.  "Server equipment" also includes computer software necessary to operate the computer hardware.  "Server equipment" does not include personal computers, the racks upon which the server equipment is installed, and computer peripherals such as keyboards, monitors, printers, and mice.

      (7) This section expires April 1, ((2018)) 2020.

Sec. 3.  RCW 82.08.986 and 2010 1st sp.s. c 23 s 1601 are each amended to read as follows:

      (1) An exemption from the tax imposed by RCW 82.08.020 is provided for sales to qualifying businesses and to qualifying tenants of eligible server equipment to be installed, without intervening use, in an eligible computer data center, and to charges made for labor and services rendered in respect to installing eligible server equipment.  The exemption also applies to sales to qualifying businesses of eligible power infrastructure, including labor and services rendered in respect to constructing, installing, repairing, altering, or improving eligible power infrastructure.

      (2)(a) In order to claim the exemption under this section, a qualifying business or a qualifying tenant must submit an application to the department for an exemption certificate.  The application must include the information necessary, as required by the department, to determine that a business or tenant qualifies for the exemption under this section.  The department must issue exemption certificates to qualifying businesses and qualifying tenants.  The department may assign a unique identification number to each exemption certificate issued under this section.

      (b) A qualifying business or a qualifying tenant claiming the exemption under this section must present the seller with an exemption certificate in a form and manner prescribed by the department.  The seller must retain a copy of the certificate for the seller's files.

      (3)(a) Within six years of the date that the department issued an exemption certificate under this section to a qualifying business or a qualifying tenant with respect to an eligible computer data center, the qualifying business or qualifying tenant must establish that net employment at the eligible computer data center has increased by a minimum of:

      (i) Thirty-five family wage employment positions; or

      (ii) Three family wage employment positions for each twenty thousand square feet of space or less that is newly dedicated to housing working servers at the eligible computer data center.  For qualifying ((businesses that lease space at an eligible computer data center)) tenants, the number of family wage employment positions that must be increased under this subsection (3)(a)(ii) is based only on the space occupied by the ((lessee)) qualifying tenant in the eligible computer data center.

      (b) In calculating the net increase in family wage employment positions:

      (i) The owner of an eligible computer data center, in addition to its own net increase in family wage employment positions, may include:

      (A) The net increase in family wage employment positions employed by qualifying ((businesses leasing space within the eligible computer data center from the owner)) tenants; and

      (B) The net increase in family wage employment positions described in (c)(ii)(B) of this subsection (3).

      (ii)(A) ((Lessees of the owner of an eligible computer data center)) Qualifying tenants, in addition to their own net increase in family wage employment positions, may include:

      (I) A portion of the net increase in family wage employment positions employed by the owner; and

      (II) A portion of the net increase in family wage employment positions described in (c)(ii)(B) of this subsection (3).

      (B) The portion of the net increase in family wage employment positions to be counted under this subsection (3)(b)(ii) by each ((lessee)) qualifying tenant must be in proportion to the amount of space in the eligible computer data center occupied by the ((lessee)) qualifying tenant compared to the total amount of space in the eligible computer data center occupied by all ((lessees that are qualifying businesses)) qualifying tenants.

      (c)(i) For purposes of this subsection, family wage employment positions are new permanent employment positions requiring forty hours of weekly work, or their equivalent, on a full-time basis at the eligible computer data center and receiving a wage equivalent to or greater than one hundred fifty percent of the per capita personal income of the county in which the qualified project is located.  An employment position may not be counted as a family wage employment position unless the employment position is entitled to health insurance coverage provided by the employer of the employment position.  For purposes of this subsection (3)(c), "new permanent employment position" means an employment position that did not exist or that had not previously been filled as of the date that the department issued an exemption certificate to the owner or ((lessee)) qualifying tenant of an eligible computer data center, as the case may be.

      (ii)(A) Family wage employment positions include positions filled by employees of the owner of the eligible computer data center and by employees of qualifying ((businesses leasing space from the owner of the eligible computer data center)) tenants.

      (B) Family wage employment positions also include individuals performing work at an eligible computer data center as an independent contractor hired by the owner of the eligible computer data center or as an employee of an independent contractor hired by the owner of the eligible computer data center, if the work is necessary for the operation of the computer data center, such as security and building maintenance, and provided that all of the requirements in (c)(i) of this subsection (3) are met.

      (d) All previously exempted sales and use taxes are immediately due and payable for a qualifying business or qualifying tenant that does not meet the requirements of this subsection.

      (4) A qualifying business or a qualifying tenant claiming an exemption under this section or RCW 82.12.986 must complete an annual ((report)) survey with the department as required under RCW ((82.32.534)) 82.32.585.

      (5)(a) The exemption provided in this section does not apply to:

      (i) Any person who has received the benefit of the deferral program under chapter 82.60 RCW on:  (A) The construction, renovation, or expansion of a structure or structures used as a computer data center; or (B) machinery or equipment used in a computer data center; and

      (ii) Any person affiliated with a person within the scope of (a)(i) of this subsection (5).  For purposes of this subsection, "affiliated" means that one person has a direct or indirect ownership interest of at least twenty percent in another person.

      (b) If a person claims an exemption under this section and subsequently receives the benefit of the deferral program under chapter 82.60 RCW on either the construction, renovation, or expansion of a structure or structures used as a computer data center or machinery or equipment used in a computer data center, the person must repay the amount of taxes exempted under this section.  Interest as provided in chapter 82.32 RCW applies to amounts due under this section until paid in full.

      (6) For purposes of this section the following definitions apply unless the context clearly requires otherwise:

      (a)(i) "Computer data center" means a facility comprised of one or more buildings, which may be comprised of multiple businesses, constructed or refurbished specifically, and used primarily, to house working servers, where the facility has the following characteristics: (A) Uninterruptible power supplies, generator backup power, or both; (B) sophisticated fire suppression and prevention systems; and (C) enhanced physical security, such as:  Restricted access to the facility to selected personnel; permanent security guards; video camera surveillance; an electronic system requiring passcodes, keycards, or biometric scans, such as hand scans and retinal or fingerprint recognition; or similar security features.

      (ii) For a computer data center comprised of multiple buildings, each separate building constructed or refurbished specifically, and used primarily, to house working servers is considered a computer data center if it has all of the characteristics listed in (a)(i)(A) through (C) of this subsection (6).

      (iii) A facility comprised of one building or more than one building must have a combined square footage of at least one hundred thousand square feet.

      (b) "Electronic data storage and data management services" include, but are not limited to:  Providing data storage and backup services, providing computer processing power, hosting enterprise software applications, and hosting web sites.  The term also includes providing services such as e-mail, web browsing and searching, media applications, and other online services, regardless of whether a charge is made for such services.

      (c)(i) "Eligible computer data center" means a computer data center:

      (A) Located in a rural county as defined in RCW 82.14.370;

      (B) Having at least twenty thousand square feet dedicated to housing working servers, where the server space has not previously been dedicated to housing working servers; and

      (C) For which the commencement of construction occurs:
      (I) After March 31, 2010, and before July 1, 2011; or
      (II) After March 31, 2012, and before July 1, 2015.

(ii) For purposes of this section, "commencement of construction" means the date that a building permit is issued under the building code adopted under RCW 19.27.031 for construction of the computer data center.  The construction of a computer data center includes the expansion, renovation, or other improvements made to existing facilities, including leased or rented space.  "Commencement of construction" does not include soil testing, site clearing and grading, site preparation, or any other related activities that are initiated before the issuance of a building permit for the construction of the foundation of a computer data center.

      (((ii))) (iii) With respect to facilities in existence on April 1, 2010, that are expanded, renovated, or otherwise improved after March 31, 2010, or facilities in existence on April 1, 2012, that are expanded, renovated, or otherwise improved after March 31, 2012, an eligible computer data center includes only the portion of the computer data center meeting the requirements in (c)(i)(B) of this subsection (6).

      (d) "Eligible power infrastructure" means all fixtures and equipment owned by a qualifying business, or qualifying tenant and necessary for the transformation, distribution, or management of electricity that is required to operate eligible server equipment within an eligible computer data center.  The term includes ((electrical substations,)) generators((,)); wiring((, and)); cogeneration equipment; and associated fixtures and equipment, such as electrical switches, batteries, and distribution, testing, and monitoring equipment.

      (e) "Eligible server equipment" means:
      (i) For a qualifying business whose computer data center qualifies as an eligible computer data center under (c)(i)(C)(I) of this subsection (6), the original server equipment installed in an eligible computer data center on or after April 1, 2010, and replacement server equipment.  For purposes of this subsection (6)(e)(i), "replacement server equipment" means server equipment that:

      (((i))) (A) Replaces existing server equipment, if the sale or use of the server equipment to be replaced qualified for an exemption under this section or RCW 82.12.986; and

      (((ii))) (B) Is installed and put into regular use before April 1, 2018.

(ii) For a qualifying business whose computer data center qualifies as an eligible computer data center under (c)(i)(C)(II) of this subsection (6), "eligible server equipment" means the original server equipment installed in an eligible computer data center on or after April 1, 2012, and replacement server equipment.  For purposes of this subsection (6)(e)(ii), "replacement server equipment" means server equipment that:
      (A) Replaces existing server equipment, if the sale or use of the server equipment to be replaced qualified for an exemption under this section or RCW 82.12.986; and
      (B) Is installed and put into regular use before April 1, 2020.
      (iii) For a qualifying tenant who leases space within an eligible computer data center, "eligible server equipment" means the original server equipment installed within the space it leases from an eligible computer data center on or after April 1, 2010, and replacement server equipment.  For purposes of this subsection (6)(e)(iii), "replacement server equipment" means server equipment that:
      (A) Replaces existing server equipment, if the sale or use of the server equipment to be replaced qualified for an exemption under this section or RCW 82.12.986; and
      (B) Is installed and put into regular use before April 1, 2020.

      (f) "Qualifying business" means a business entity that exists for the primary purpose of engaging in commercial activity for profit and that is the owner of an eligible computer data center ((or the lessee of at least twenty thousand square feet within an eligible computer data center dedicated to housing working servers, where the server space has not previously been dedicated to housing working servers)).  The term does not include the state or federal government or any of their departments, agencies, and institutions; tribal governments; political subdivisions of this state; or any municipal, quasi-municipal, public, or other corporation created by the state or federal government, tribal government, municipality, or political subdivision of the state.

      (g) (("Server" means blade or rack-mount server computers used in a computer data center exclusively to provide electronic data storage and data management services for internal use by the owner or lessee of the computer data center, for clients of the owner or lessee of the computer data center, or both.  "Server" does not include personal computers.
      (h) "Server equipment" means the server chassis and all computer hardware contained within the server chassis.  "Server equipment" also includes computer software necessary to operate the server.  "Server equipment" does not include the racks upon which the server chassis is installed, and computer peripherals such as keyboards, monitors, printers, mice, and other devices that work outside of the computer.)) "Qualifying tenant" means a business entity that exists for the primary purpose of engaging in commercial activity for profit and that leases space from a qualifying business within an eligible computer data center.  The term does not include the state or federal government or any of their departments, agencies, and institutions; tribal governments; political subdivisions of this state; or any municipal, quasi-municipal, public, or other corporation created by the state or federal government, tribal government, municipality, or political subdivision of the state.
      (h) "Server equipment" means the computer hardware located in an eligible computer data center and used exclusively to provide electronic data storage and data management services for internal use by the owner or lessee of the computer data center, for clients of the owner or lessee of the computer data center, or both.  "Server equipment" also includes computer software necessary to operate the computer hardware.  "Server equipment" does not include personal computers, the racks upon which the server equipment is installed, and computer peripherals such as keyboards, monitors, printers, and mice.

      (7) This section expires April 1, ((2018)) 2020.

Sec. 4.  RCW 82.12.986 and 2010 1st sp.s. c 23 s 1602 are each amended to read as follows:

      (1) An exemption from the tax imposed by RCW 82.12.020 is provided for the use by qualifying businesses or qualifying tenants of eligible server equipment to be installed, without intervening use, in an eligible computer data center, and to the use of labor and services rendered in respect to installing such server equipment.  The exemption also applies to the use ((of)) by a qualifying business of eligible power infrastructure, including labor and services rendered in respect to installing, repairing, altering, or improving such infrastructure.

      (2) A qualifying business or a qualifying tenant is not eligible for the exemption under this section unless the department issued an exemption certificate to the qualifying business or a qualifying tenant for the exemption provided in RCW 82.08.986.

      (3)(a) The exemption provided in this section does not apply to:

      (i) Any person who has received the benefit of the deferral program under chapter 82.60 RCW on:  (A) The construction, renovation, or expansion of a structure or structures used as a computer data center; or (B) machinery or equipment used in a computer data center; and

      (ii) Any person affiliated with a person within the scope of (a)(i) of this subsection (3).  For purposes of this subsection, "affiliated" means that one person has a direct or indirect ownership interest of at least twenty percent in another person.

      (b) If a person has received the benefit of the exemption under this section and subsequently receives the benefit of the deferral program under chapter 82.60 RCW on either the construction, renovation, or expansion of a structure or structures used as a computer data center or machinery or equipment used in a computer data center, the person must repay the amount of taxes exempted under this section.  Interest as provided in chapter 82.32 RCW applies to amounts due under this subsection (3)(b) until paid in full.  A person is not required to repay taxes under this subsection with respect to property and services for which the person is required to repay taxes under RCW 82.08.986(5).

      (4) The definitions and requirements in RCW 82.08.986 apply to this section.

      (5) This section expires April 1, ((2018)) 2020.

NEW SECTION.  Sec. 5.  (1) Except as provided in subsection (3) of this section, 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 April 1, 2012.

      (2) Section 2 of this act does not take effect if the contingency in subsection (3) of this section occurs.

      (3) Section 3 of this act takes effect if Substitute House Bill No. 2530 or any other legislation repealing RCW 82.32.534 is enacted during the 2012 legislative session and signed into law."

      Senators Holmquist Newbry and Prentice spoke in favor of adoption of the striking amendment.

 

MOTION

 

On motion of Senator Harper, Senator Tom was excused.

 

MOTION

 

On motion of Senator Ericksen, Senator Zarelli was excused.

 

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Holmquist Newbry and Prentice to Engrossed Senate Bill No. 5873.

The motion by Senator Holmquist Newbry 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 "Relating to" strike the remainder of the title and insert "amending the sales and use tax exemption for certain equipment used in computer data centers; amending RCW 82.08.986, 82.08.986, and 82.12.986; creating a new section; providing an effective date; providing a contingent effective date; providing expiration dates; and declaring an emergency."

 

MOTION

 

On motion of Senator Prentice, the rules were suspended, Second Engrossed Senate Bill No. 5873 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice, Holmquist Newbry, Parlette and Conway spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Second Engrossed Senate Bill No. 5873.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Engrossed Senate Bill No. 5873 and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Frockt

SECOND ENGROSSED SENATE BILL NO. 5873, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 5, 2012

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 1398 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hobbs moved that the Senate recede from its position in the Senate amendment(s) to Engrossed House Bill No. 1398.

      The President declared the question before the Senate to be motion by Senator Hobbs that the Senate recede from its position in the Senate amendment(s) to Engrossed House Bill No. 1398.

The motion by Senator Hobbs carried and the Senate receded from its position in the Senate amendment(s) to Engrossed House Bill No. 1398 by voice vote.

 

MOTION

 

On motion of Senator Hobbs, the rules were suspended and Engrossed House Bill No. 1398 was returned to second reading for the purposes of amendment.

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 1398, by Representatives Fitzgibbon, Seaquist, Orwall, Springer, Upthegrove and Kenney

 

Creating an exemption from impact fees for low-income housing.

 

The measure was read the second time.

 

MOTION

 

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

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

"Sec. 1.  RCW 82.02.060 and 1990 1st ex.s. c 17 s 44 are each amended to read as follows:

      The local ordinance by which impact fees are imposed:

      (1) Shall include a schedule of impact fees which shall be adopted for each type of development activity that is subject to impact fees, specifying the amount of the impact fee to be imposed for each type of system improvement.  The schedule shall be based upon a formula or other method of calculating such impact fees.  In determining proportionate share, the formula or other method of calculating impact fees shall incorporate, among other things, the following:

      (a) The cost of public facilities necessitated by new development;

      (b) An adjustment to the cost of the public facilities for past or future payments made or reasonably anticipated to be made by new development to pay for particular system improvements in the form of user fees, debt service payments, taxes, or other payments earmarked for or proratable to the particular system improvement;

      (c) The availability of other means of funding public facility improvements;

      (d) The cost of existing public facilities improvements; and

      (e) The methods by which public facilities improvements were financed;

      (2) May provide an exemption for low-income housing, and other development activities with broad public purposes, from these impact fees, provided that the impact fees for such development activity shall be paid from public funds other than impact fee accounts;

      (3) May provide an exemption from impact fees for low-income housing.  Local governments that grant exemptions for low-income housing under this subsection (3) may either:  Grant a partial exemption of not more than eighty percent of impact fees, in which case there is no explicit requirement to pay the exempted portion of the fee from public funds other than impact fee accounts; or provide a full waiver, in which case the remaining percentage of the exempted fee must be paid from public funds other than impact fee accounts.  An exemption for low-income housing granted under subsection (2) of this section or this subsection (3) must be conditioned upon requiring the developer to record a covenant that, except as provided otherwise by this subsection, prohibits using the property for any purpose other than for low-income housing.  At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion.  Covenants required by this subsection must be recorded with the applicable county auditor or recording officer.  A local government granting an exemption under subsection (2) of this section or this subsection (3) for low-income housing may not collect revenue lost through granting an exemption by increasing impact fees unrelated to the exemption.  A school district who receives school impact fees must approve any exemption under subsection (2) of this section or this subsection (3);
      (4) Shall provide a credit for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer, to facilities that are identified in the capital facilities plan and that are required by the county, city, or town as a condition of approving the development activity;

      (((4))) (5) Shall allow the county, city, or town imposing the impact fees to adjust the standard impact fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly;

      (((5))) (6) Shall include a provision for calculating the amount of the fee to be imposed on a particular development that permits consideration of studies and data submitted by the developer to adjust the amount of the fee;

      (((6))) (7) Shall establish one or more reasonable service areas within which it shall calculate and impose impact fees for various land use categories per unit of development; and

      (((7))) (8) May provide for the imposition of an impact fee for system improvement costs previously incurred by a county, city, or town to the extent that new growth and development will be served by the previously constructed improvements provided such fee shall not be imposed to make up for any system improvement deficiencies.

For purposes of this section, "low-income housing" means housing with a monthly housing expense, that is no greater than thirty percent of eighty percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States department of housing and urban development."

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

 

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Hobbs and others to Engrossed House Bill No. 1398.

The motion by Senator Hobbs 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 "fees;" strike the remainder of the title and insert "and amending RCW 82.02.060."

 

MOTION

 

On motion of Senator Hobbs, the rules were suspended, Engrossed House Bill No. 1398 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 Hobbs spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1398 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1398 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

      Voting yea: Senators Brown, Carrell, Chase, Conway, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin and Tom

      Voting nay: Senators Baumgartner, Becker, Benton, Delvin, Ericksen, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

ENGROSSED HOUSE BILL NO. 1398 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 5, 2012

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2536 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate recede from its position in the Senate amendment(s) to Engrossed Second Substitute House Bill No. 2536.

      The President declared the question before the Senate to be motion by Senator Hargrove that the Senate recede from its position in the Senate amendment(s) to Engrossed Second Substitute House Bill No. 2536.

The motion by Senator Hargrove carried and the Senate receded from its position in the Senate amendment(s) to Engrossed Second Substitute House Bill No. 2536 by voice vote.

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended and Engrossed Second Substitute House Bill No. 2536 was returned to second reading for the purposes of amendment.

 

SECOND READING

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2536, by House Committee on Ways & Means (originally sponsored by Representatives Dickerson, Johnson, Goodman, Hinkle, Kretz, Pettigrew, Warnick, Cody, Harris, Kenney, Kagi, Darneille, Orwall, Condotta, Ladenburg, Appleton, Jinkins and Maxwell)

 

Concerning the use of evidence-based practices for the delivery of services to children and juveniles.

 

The measure was read the second time.

 

MOTION

 

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

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

"NEW SECTION.  Sec. 1.  (1) The legislature intends that prevention and intervention services delivered to children and juveniles in the areas of mental health, child welfare, and juvenile justice be primarily evidence-based and research-based, and it is anticipated that such services will be provided in a manner that is culturally competent.

(2) The legislature also acknowledges that baseline information is not presently available regarding the extent to which evidence-based and research-based practices are presently available and in use in the areas of children's mental health, child welfare, and juvenile justice; the cost of those practices; and the most effective strategies and appropriate time frames for expecting their broader use.  Thus, it would be wise to establish baseline data regarding the use and availability of evidence-based and research-based practices.

(3) It is the intent of the legislature that increased use of evidence-based and research-based practices be accomplished to the extent possible within existing resources by coordinating the purchase of evidence-based services, the development of a trained workforce, and the development of unified and coordinated case plans to provide treatment in a coordinated and consistent manner.

(4) The legislature recognizes that in order to effectively provide evidence-based and research-based practices, contractors should have a workforce trained in these programs, and outcomes from the use of these practices should be monitored.

NEW SECTION.  Sec. 2.  For the purposes of this chapter:

      (1) "Contractors" does not include county probation staff that provide evidence-based or research-based programs.

      (2) "Prevention and intervention services" means services and programs for children and youth and their families that are specifically directed to address behaviors that have resulted or may result in truancy, abuse or neglect, out-of-home placements, chemical dependency, substance abuse, sexual aggressiveness, or mental or emotional disorders.

NEW SECTION.  Sec. 3.  The department of social and health services shall accomplish the following in consultation and collaboration with the Washington state institute for public policy, the evidence-based practice institute at the University of Washington, a university-based child welfare partnership and research entity, other national experts in the delivery of evidence-based services, and organizations representing Washington practitioners:

      (1) By September 30, 2012, the Washington state institute for public policy, the University of Washington evidence-based practice institute, in consultation with the department shall publish descriptive definitions of evidence-based, research-based, and promising practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services.

      (a) In addition to descriptive definitions, the Washington state institute for public policy and the University of Washington evidence- based practice institute must prepare an inventory of evidence-based, research-based, and promising practices for prevention and intervention services that will be used for the purpose of completing the baseline assessment described in subsection (2) of this section.  The inventory shall be periodically updated as more practices are identified.

      (b) In identifying evidence-based and research-based services, the Washington state institute for public policy and the University of Washington evidence-based practice institute must:

      (i) Consider any available systemic evidence-based assessment of a program's efficacy and cost-effectiveness; and

      (ii) Attempt to identify assessments that use valid and reliable evidence.

      (c) Using state, federal, or private funds, the department shall prioritize the assessment of promising practices identified in (a) of this subsection with the goal of increasing the number of such practices that meet the standards for evidence-based and research-based practices.

      (2) By June 30, 2013, the department and the health care authority shall complete a baseline assessment of utilization of evidence-based and research-based practices in the areas of child welfare, juvenile rehabilitation, and children's mental health services.  The assessment must include prevention and intervention services provided through medicaid fee-for-service and healthy options managed care contracts.  The assessment shall include estimates of:

      (a) The number of children receiving each service;

      (b) For juvenile rehabilitation and child welfare services, the total amount of state and federal funds expended on the service;

      (c) For children's mental health services, the number and percentage of encounters using these services that are provided to children served by regional support networks and children receiving mental health services through medicaid fee-for-service or healthy options;

      (d) The relative availability of the service in the various regions of the state; and

      (e) To the extent possible, the unmet need for each service.

      (3)(a) By December 30, 2013, the department and the health care authority shall report to the governor and to the appropriate fiscal and policy committees of the legislature on recommended strategies, timelines, and costs for increasing the use of evidence-based and research-based practices.  The report must distinguish between a reallocation of existing funding to support the recommended strategies and new funding needed to increase the use of the practices.

      (b) The department shall provide updated recommendations to the governor and the legislature by December 30, 2014, and by December 30, 2015.

      (4)(a) The report required under subsection (3) of this section must include recommendations for the reallocation of resources for evidence-based and research-based practices and substantial increases above the baseline assessment of the use of evidence-based and research-based practices for the 2015-2017 and the 2017-2019 biennia.  The recommendations for increases shall be consistent with subsection (2) of this section.

      (b) If the department or health care authority anticipates that it will not meet its recommended levels for an upcoming biennium as set forth in its report, it must report to the legislature by November 1st of the year preceding the biennium.  The report shall include:

      (i) The identified impediments to meeting the recommended levels;

      (ii) The current and anticipated performance level; and

      (iii) Strategies that will be undertaken to improve performance.

      (5) Recommendations made pursuant to subsections (3) and (4) of this section must include strategies to identify programs that are effective with ethnically diverse clients and to consult with tribal governments, experts within ethnically diverse communities, and community organizations that serve diverse communities.

NEW SECTION.  Sec. 4.  The department of social and health services, in consultation with a university-based evidence-based practice institute entity in Washington, the Washington partnership council on juvenile justice, the child mental health systems of care planning committee, the children, youth, and family advisory committee, the Washington state racial disproportionality advisory committee, a university-based child welfare research entity in Washington state, regional support networks, the Washington association of juvenile court administrators, and the Washington state institute for public policy, shall:

      (1) Develop strategies to use unified and coordinated case plans for children, youth, and their families who are or are likely to be involved in multiple systems within the department;

      (2) Use monitoring and quality control procedures designed to measure fidelity with evidence-based and research-based prevention and treatment programs; and

      (3) Utilize any existing data reporting and system of quality management processes at the state and local level for monitoring the quality control and fidelity of the implementation of evidence-based and research-based practices.

NEW SECTION.  Sec. 5.  (1) The department of social and health services and the health care authority shall identify components of evidence-based practices for which federal matching funds might be claimed and seek such matching funds to support implementation of evidence-based practices.

      (2) The department shall efficiently use funds to coordinate training in evidence-based and research-based practices across the programs areas of juvenile justice, children's mental health, and child welfare.

      (3) Any child welfare training related to implementation of this chapter must be delivered by the University of Washington school of social work in coordination with the University of Washington evidence- based practices institute.

      (4) Nothing in this act requires the department or the health care authority to:

      (a) Take actions that are in conflict with presidential executive order 13175 or that adversely impact tribal-state consultation protocols or contractual relations; or

      (b) Redirect funds in a manner that:

      (i) Conflicts with the requirements of the department's section 1915(b) medicaid mental health waiver; or

      (ii) Would substantially reduce federal medicaid funding for mental health services or impair access to appropriate and effective services for a substantial number of medicaid clients; or

      (c) Undertake actions that, in the context of a lawsuit against the state, are inconsistent with the department's obligations or authority pursuant to a court order or agreement.

NEW SECTION.  Sec. 6.  Sections 1 through 5 of this act constitute a new chapter in Title 43 RCW."

      Senator Hargrove 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 Hargrove, Stevens and Carrell to Engrossed Second Substitute House Bill No. 2536.

The motion by Senator Hargrove 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 "juveniles;" strike the remainder of the title and insert "and adding a new chapter to Title 43 RCW."

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute House Bill No. 2536 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

 

MOTION

 

On motion of Senator Harper, Senator Frockt was excused.

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 2536 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2536 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 Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senator Frockt

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2536 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 7, 2012

 

MR. PRESIDENT:

The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6494 and again asks the Senate to concur thereon.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate insist on its position in the House amendment(s) to Substitute Senate Bill No. 6494 and again ask the House to recede therefrom.

      The President declared the question before the Senate to be motion by Senator Hargrove that the Senate insist on its position in the House amendment(s) to Substitute Senate Bill No. 6494 and again ask the House to recede therefrom.

The motion by Senator Hargrove carried and the Senate insisted on its position in the House amendment(s) to Substitute Senate Bill No. 6494 and again asked the House to recede therefrom by voice vote.

 

MESSAGE FROM THE HOUSE

 

March 7, 2012

 

MR. PRESIDENT:

The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 6135. Under suspension of the rules, the bill was returned to second reading for the purpose of an amendment. The House adopted the following amendment: 6135-S AMH BLAK H4667.1, and passed the bill as amended by the House.

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

"Sec. 1.  RCW 7.84.030 and 2011 c 320 s 14 are each amended to read as follows:

      (1) An infraction proceeding is initiated by the issuance and service of a printed notice of infraction and filing of a printed or electronic copy of the notice of infraction.

      (2)(a) A notice of infraction may be issued by a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, when the infraction occurs in that person's presence.

      (b) A person who is a peace officer as defined in chapter 10.93 RCW may detain the person receiving the infraction for a reasonable period of time necessary to identify the person, check for outstanding warrants, and complete and issue a notice of infraction under RCW 7.84.050.  A person who is to receive a notice of infraction is required to identify himself or herself to the peace officer by giving the person's name, address, and date of birth.  Upon request, the person shall produce reasonable identification, which may include a driver's license or identicard.  Any person who fails to comply with the requirement to identify himself or herself and give the person's current address may be found to have committed an infraction.

      (3) A court may issue a notice of infraction if a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, files with the court a written statement that the infraction was committed in that person's presence or that the officer has reason to believe an infraction was committed.

      (4) Service of a notice of infraction issued under subsection (2) or (3) of this section shall be as provided by court rule.

      (5) A notice of infraction shall be filed with a court having jurisdiction within five days of issuance, excluding Saturdays, Sundays, and holidays.

Sec. 2.  RCW 7.84.020 and 2003 c 39 s 3 are each amended to read as follows:

((Unless the context clearly requires otherwise,)) The definition in this section applies throughout this chapter unless the context clearly requires otherwise.

"Infraction" means an offense which, by the terms of Title 76, 77, 79, or 79A RCW or ((chapter 43.30 RCW)) RCW 7.84.030(2)(b) and rules adopted under these titles and ((chapters)) section, is declared not to be a criminal offense and is subject to the provisions of this chapter.

Sec. 3.  RCW 9.94A.515 and 2010 c 289 s 11 and 2010 c 227 s 9 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))

 

 

Promoting Commercial Sexual Abuse

        of a Minor (RCW 9.68A.101)

 

 

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)

 

 

Commercial Sexual Abuse of a Minor

        (RCW 9.68A.100)

 

 

Homicide by Watercraft, by the  

        operation of any vessel in a  

        reckless manner (RCW  

        79A.60.050)

 

 

Manslaughter 2 (RCW 9A.32.070)

 

 

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(([A]))

A.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(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 (RCW 9.68A.075(1))

 

 

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)

 

 

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 Hunting of Big Game 1
        (RCW 77.15.410(3)(b))

 

 

Unlawful Imprisonment (RCW  

        9A.40.040)

 

 

Unlawful possession of firearm in the  

        second degree (RCW 9.41.040(2))

 

 

Unlawful Taking of Endangered Fish
        or Wildlife 1 (RCW
        77.15.120(3)(b))

 

 

Unlawful Trafficking in Fish, Shellfish,
        or Wildlife 1 (RCW
        77.15.260(3)(b))

 

 

Unlawful Use of a Nondesignated
        Vessel (RCW 77.15.530(4))

 

 

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

Commercial Fishing Without a License
        1 (RCW 77.15.500(3)(b))

 

 

Computer Trespass 1 (RCW  

        9A.52.110)

 

 

Counterfeiting (RCW 9.16.035(3))

 

 

Engaging in Fish Dealing Activity
        Unlicensed 1 (RCW 77.15.620(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))))

(RCW 9A.44.132(1)(b))

 

 

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 Participation of Non-Indians
        in Indian Fishery (RCW
        77.15.570(2))

 

 

Unlawful Practice of Law (RCW  

        2.48.180)

 

 

Unlicensed Practice of a Profession or  

        Business (RCW 18.130.190(7))

 

 

Unlawful Purchase or Use of a License
        (RCW 77.15.650(3)(b))

 

 

Unlawful Trafficking in Fish, Shellfish,
        or Wildlife 2 (RCW
        77.15.260(3)(a))

 

 

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)

 

 

Spotlighting Big Game 1 (RCW
        77.15.450(3)(b))

 

 

Suspension of Department Privileges 1
        (RCW 77.15.670(3)(b))

 

 

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)

 

 

Unlawful Fish and Shellfish Catch
        Accounting (RCW
        77.15.630(3)(b))

 

 

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 Release of Deleterious Exotic
        Wildlife (RCW 77.15.250(2)(b))

 

 

Unlawful Trafficking in Food Stamps  

        (RCW 9.91.142)

 

 

Unlawful Use of Food Stamps (RCW  

        9.91.144)

 

 

Unlawful Use of Net to Take Fish 1
        (RCW 77.15.580(3)(b))

 

 

Unlawful Use of Prohibited Aquatic
        Animal Species (RCW
        77.15.253(3))

 

 

Vehicle Prowl 1 (RCW 9A.52.095)

 

 

Violating Commercial Fishing Area or
        Time 1 (RCW 77.15.550(3)(b))

 

Sec. 4.  RCW 77.08.010 and 2011 c 324 s 3 are each reenacted and amended to read as follows:

The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.

      (1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.

      (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (60), and (61) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).

      (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.

      (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

      (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.

      (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season.  "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.

      (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.

      (8) "Commercial" means related to or connected with buying, selling, or bartering.

      (9) "Commission" means the state fish and wildlife commission.

      (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

      (11) "Contraband" means any property that is unlawful to produce or possess.

      (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

      (13) "Department" means the department of fish and wildlife.

      (14) "Director" means the director of fish and wildlife.

      (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

      (16) "Ex officio fish and wildlife officer" means ((a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction.  The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions)):
      (a) A commissioned officer of a municipal, county, or state agency having as its primary function the enforcement of criminal laws in general, while the officer is acting in the respective jurisdiction of that agency;
      (b) An officer or special agent commissioned by one of the following:  The national marine fisheries service; the Washington state parks and recreation commission; the United States fish and wildlife service; the Washington state department of natural resources; the United States forest service; or the United States parks service, if the agent or officer is in the respective jurisdiction of the primary commissioning agency and is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency;
      (c) A commissioned fish and wildlife peace officer from another state who meets the training standards set by the Washington state criminal justice training commission pursuant to RCW 10.93.090, 43.101.080, and 43.101.200, and who is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency; or
      (d) A Washington state tribal police officer who successfully completes the requirements set forth under RCW 43.101.157, is employed by a tribal nation that has complied with RCW 10.92.020(2) (a) and (b), and is acting under a mutual law enforcement assistance agreement between the department and the tribal government.

      (17) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters.  The term "fish" includes all stages of development and the bodily parts of fish species.

      (18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.  Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.

      (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.

      (20) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.

      (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

      (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

      (23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

      (24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

      (25) "Game farm" means property on which wildlife is held ((or)), confined, propagated, hatched, fed, or otherwise raised for commercial purposes, trade, or gift.  The term "game farm" does not include publicly owned facilities.

      (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

      (27) "Illegal items" means those items unlawful to be possessed.

      (28) "Invasive species" means a plant species or a nonnative animal species that either:

      (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;

      (b) Threatens or may threaten natural resources or their use in the state;

      (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or

      (d) Threatens or harms human health.

      (29) "License year" means the period of time for which a recreational license is valid.  The license year begins April 1st, and ends March 31st.

      (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.

      (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.

      (32) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

      (33) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

      (34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission.  "Open season" includes the first and last days of the established time.

      (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.

      (36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

      (37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.

      (38) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.

      (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

      (40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.

      (41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

      (42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.

      (43) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.

      (44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.

      (45) "Resident" ((means:
      (a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and
      (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection)) has the same meaning as defined in section 5 of this act.

      (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.

      (47) "Saltwater" means those marine waters seaward of river mouths.

      (48) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

      (49) "Senior" means a person seventy years old or older.

      (50) "Shark fin" means a raw, dried, or otherwise processed detached fin or tail of a shark.

      (51)(a) "Shark fin derivative product" means any product intended for use by humans or animals that is derived in whole or in part from shark fins or shark fin cartilage.

      (b) "Shark fin derivative product" does not include a drug approved by the United States food and drug administration and available by prescription only or medical device or vaccine approved by the United States food and drug administration.

      (52) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission.  The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

      (53) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

      (54) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.

      (55) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

      (56) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.

      (57) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

      (58) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.

      (59) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.

      (60) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.

      (61) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.

      (62) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.

      (63) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state ((and the species Rana catesbeiana (bullfrog))).  The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.

      (64) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

      (65) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state.  This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates.  The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director.  The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

      (66) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

      (67) "Anadromous game fish buyer" means a person who purchases or sells steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director.
      (68) "Building" means a private domicile, garage, barn, or public or commercial building.
      (69) "Fish buyer" means a person engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisher.
      (70) "Food, food waste, or other substance" includes human and pet food or other waste or garbage that could attract large wild carnivores.
      (71) "Fur dealer" means a person who purchases, receives, or resells raw furs for commercial purposes.
      (72)(a) "Intentionally feed, attempt to feed, or attract" means to purposefully or knowingly provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building.
      (b) "Intentionally feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
      (73) "Large wild carnivore" includes wild bear, cougar, and wolf.
      (74) "Natural person" means a human being.
      (75)(a) "Negligently feed, attempt to feed, or attract" means to provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building, without the awareness that a reasonable person in the same situation would have with regard to the likelihood that the food, food waste, or other substance could attract large wild carnivores to the land or building.
      (b) "Negligently feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
      (76) "Taxidermist" means a person who, for commercial purposes, creates lifelike representations of fish and wildlife using fish and wildlife parts and various supporting structures.
      (77) "Wildlife meat cutter" means a person who packs, cuts, processes, or stores wildlife for consumption for another for commercial purposes.

NEW SECTION.  Sec. 5.  A new section is added to chapter 77.08 RCW to read as follows:

For the purposes of this title or rules adopted under this title, "resident" means:

      (1) A natural person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, is not licensed to hunt or fish as a resident in another state or country, and is not receiving resident benefits of another state or country.

      (a) For purposes of this section, "permanent place of abode" means a residence in this state that a person maintains for personal use.

      (b) A natural person can demonstrate that the person has maintained a permanent place of abode in Washington by showing that the person:

      (i) Uses a Washington state address for federal income tax or state tax purposes;

      (ii) Designates this state as the person's residence for obtaining eligibility to hold a public office or for judicial actions;

      (iii) Is a registered voter in the state of Washington; or

      (iv) Is a custodial parent with a child attending prekindergarten, kindergarten, elementary school, middle school, or high school in this state.

      (c) A natural person can demonstrate the intent to continue residing within the state by showing that he or she:

      (i) Has a valid Washington state driver's license; or

      (ii) Has a valid Washington state identification card, if the person is not eligible for a Washington state driver's license; and

      (iii) Has registered the person's vehicle or vehicles in Washington state.

      (2) The spouse of a member of the United States armed forces if the member qualifies as a resident under subsection (1), (3), or (4) of this section, or a natural person age eighteen or younger who does not qualify as a resident under subsection (1) of this section, but who has a parent or legal guardian who qualifies as a resident under subsection (1), (3), or (4) of this section.

      (3) A member of the United States armed forces temporarily stationed in Washington state on predeployment orders.  A copy of the person's military orders is required to meet this condition.

      (4) A member of the United States armed forces who is permanently stationed in Washington state or who designates Washington state on their military "state of legal residence certificate" or enlistment or re-enlistment documents.  A copy of the person's "state of legal residence certificate" or enlistment or re-enlistment documents is required to meet the conditions of this subsection.

Sec. 6.  RCW 77.15.030 and 1999 c 258 s 1 are each amended to read as follows:

Except as provided in RCW 77.15.260(2)(b), where it is unlawful to hunt, take, fish, possess, or traffic in big game or protected or endangered fish or wildlife, then each individual animal unlawfully taken or possessed is a separate offense.

Sec. 7.  RCW 77.15.050 and 2009 c 333 s 1 are each amended to read as follows:

(1) Unless the context clearly requires otherwise, as used in this chapter, "conviction" means((:
      (a))) a final conviction in a state or municipal court((;
      (b) A failure to appear at a hearing to contest an infraction or criminal citation; or
      (c) An unvacated forfeiture of bail paid as a final disposition for an offense)).

      (2) A plea of guilty((,)) or a finding of guilt for a violation of this title or department rule ((of the commission or director)) constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

Sec. 8.  RCW 77.15.075 and 2009 c 204 s 1 are each amended to read as follows:

      (1) Fish and wildlife officers ((and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature.  Fish and wildlife officers who are not ex officio officers)) shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally.  Fish and wildlife officers are general authority Washington peace officers.
      (2) An applicant for a fish and wildlife officer position must be a citizen of the United States of America who can read and write the English language.  ((All fish and wildlife officers employed after June 13, 2002, must successfully complete the basic law enforcement academy course, known as the basic course, sponsored by the criminal justice training commission, or the basic law enforcement equivalency certification, known as the equivalency course, provided by the criminal justice training commission.  All officers employed on June 13, 2002, must have successfully completed the basic course, the equivalency course, or the supplemental course in criminal law enforcement, known as the supplemental course, offered under chapter 155, Laws of 1985.  Any officer who has not successfully completed the basic course, the equivalency course, or the supplemental course must complete the basic course or the equivalency course within fifteen months of June 13, 2002.
      (2) Fish and wildlife officers are peace officers)) Before a person may be appointed to act as a fish and wildlife officer, the person shall meet the minimum standards for employment with the department, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered in accordance with the requirements of RCW 43.101.095(2).

      (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency.

      (4) ((Fish and wildlife officers may serve and execute warrants and processes issued by the courts.
      (5))) The department may utilize the services of a volunteer chaplain as provided under chapter 41.22 RCW.

Sec. 9.  RCW 77.15.080 and 2002 c 281 s 8 are each amended to read as follows:

      (1) Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title((, and)).  Fish and wildlife officers and ex officio fish and wildlife officers also may request that the person ((to)) write his or her signature for comparison with the signature on ((the)) his or her fishing, harvesting, or hunting license.  Failure to comply with the request is prima facie evidence that the person is not the person named on the license.  ((For licenses purchased over the internet or telephone,)) Fish and wildlife officers may require the person, if age ((eighteen)) sixteen or older, to exhibit a driver's license or other photo identification.

      (2) Based upon articulable facts that a person is transporting a prohibited aquatic animal species or any aquatic plant, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and inspect the watercraft to ensure that the watercraft and associated equipment are not transporting prohibited aquatic animal species or aquatic plants.

Sec. 10.  RCW 77.15.100 and 2009 c 333 s 39 are each amended to read as follows:

(1) ((Unless otherwise provided in this title,))  Fish, shellfish, ((or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction.  Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department.  Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value.
      (2) When seized property is forfeited to the department, the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release the property to the agency for the use of enforcing this title, or sell such property and deposit the proceeds into the fish and wildlife enforcement reward account established under RCW 77.15.425.  Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price.  The time, place, and manner of holding the sale shall be determined by the director.  The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held)) and wildlife are property of the state under RCW 77.04.012.  Fish and wildlife officers may sell seized, commercially harvested fish and shellfish to a wholesale buyer and deposit the proceeds into the fish and wildlife enforcement reward account under RCW 77.15.425.  Seized, recreationally harvested fish, shellfish, and wildlife may be donated to nonprofit charitable organizations.  The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
      (2) Unless otherwise provided in this title, fish, shellfish, or wildlife taken, possessed, or harvested in violation of this title or department rule shall be forfeited to the state upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions.  For criminal cases resulting in other types of dispositions, the fish, shellfish, or wildlife may be returned, or its equivalent value paid, if the fish, shellfish, or wildlife have already been donated or sold.

NEW SECTION.  Sec. 11.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person is guilty of unlawfully hunting on, or retrieving hunted wildlife from, the property of another if the person knowingly enters or remains unlawfully in or on the premises of another for the purpose of hunting for wildlife or retrieving hunted wildlife.

      (2) In any prosecution under this section, it is a defense that:

      (a) The premises were at the time open to members of the public for the purpose of hunting, and the actor complied with all lawful conditions imposed on access to or remaining on the premises;

      (b) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain on the premises for the purpose of hunting or retrieving hunted wildlife;

      (c) The actor reasonably believed that the premises were not privately owned; or

      (d) The actor, after making all reasonable attempts to contact the owner of the premises, retrieved the hunted wildlife for the sole purpose of avoiding a violation of the prohibition on the waste of fish and wildlife as provided in RCW 77.15.170.  The defense in this subsection only applies to the retrieval of hunted wildlife and not to the actual act of hunting itself.

      (3) Unlawfully hunting on or retrieving hunted wildlife from the property of another is a misdemeanor.

      (4) If a person unlawfully hunts and kills wildlife, or retrieves hunted wildlife that he or she has killed, on the property of another, then, upon conviction of unlawfully hunting on, or retrieving hunted wildlife from, the property of another, the department shall revoke all hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

(5) Any wildlife that is unlawfully hunted on or retrieved from the property of another must be seized by fish and wildlife officers.  Forfeiture and disposition of the wildlife is pursuant to RCW 77.15.100.

NEW SECTION.  Sec. 12.  A new section is added to chapter 77.15 RCW to read as follows:

When seized property, other than fish, shellfish, and wildlife, is judicially forfeited to the department, the department may:  (1) Retain it for official use unless the property is required to be destroyed; (2) upon application by any law enforcement agency of the state, release the property to the agency for use in enforcing this title; (3) donate the property as provided under RCW 77.130.060; or (4) sell the property and deposit the proceeds into the fish and wildlife enforcement reward account created in RCW 77.15.425.  Any sale of the property must be done in accordance with RCW 77.130.010(1) and 77.130.020.  However, the requirement in those sections for notice to owners does not apply.

Sec. 13.  RCW 77.15.110 and 2002 c 127 s 2 are each amended to read as follows:

      (1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, shellfish, or wildlife or any parts thereof.  Commercial conduct may include taking, delivering, selling, buying, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration.  Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct:

      (a) Using gear typical of that used in commercial fisheries;

      (b) Exceeding the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed;

      (c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells fish, seaweed, shellfish, or wildlife including any licensed or unlicensed wholesaler;

      (d) Taking fish or shellfish using a vessel designated on a commercial fishery license or using gear not authorized in a personal use fishery;

      (e) Using a commercial fishery license;

      (f) Selling or dealing in raw furs for a fee or in exchange for goods or services; ((or))

      (g) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services; or
      (h) Packs, cuts, processes, or stores the meat of wildlife for consumption, for a fee or in exchange for goods or services.

      (2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals.  The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife.  It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value.

Sec. 14.  RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as follows:

      (1) A person is guilty of unlawful taking of protected fish or wildlife if:

      (a) The person hunts, fishes, possesses, or maliciously kills protected fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the commission; or

      (b) The person violates any rule of the commission regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.

      (2) Unlawful taking of protected fish or wildlife is a misdemeanor.

      (3) In addition to the penalties set forth in subsection (2) of this section, if a person is convicted of violating this section and the violation results in the death of protected wildlife listed in this subsection, the court shall require payment of the following amounts for each animal killed or possessed.  This is a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425:
      (a) Ferruginous hawk, two thousand dollars;
      (b) Common loon, two thousand dollars;
      (c) Bald eagle, two thousand dollars;
      (d) Golden eagle, two thousand dollars; and
      (e) Peregrine falcon, two thousand dollars.
      (4) If two or more persons are convicted under subsection (1) of this section, and subsection (3) of this section is applicable, the criminal wildlife penalty assessment must be imposed against the persons jointly and separately.
      (5)(a) The criminal wildlife penalty assessment under subsection (3) of this section must be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this section.  The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.
      (b) This subsection may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
      (6) A defaulted criminal wildlife penalty assessment authorized under subsection (3) of this section may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.
      (7) The department shall revoke the hunting license and suspend the hunting privileges of a person assessed a criminal wildlife penalty assessment under this section until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed.
      (8) The criminal wildlife penalty assessments provided in subsection (3) of this section must be doubled in the following instances:
      (a) When a person commits a violation that requires payment of a criminal wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title; or
      (b) When the person killed the protected wildlife in question with the intent of bartering, selling, or otherwise deriving economic profit from the wildlife or wildlife parts.

Sec. 15.  RCW 77.15.160 and 2000 c 107 s 237 are each amended to read as follows:

((A person is guilty of an infraction, which shall)) The following acts are infractions and must be cited and punished as provided under chapter 7.84 RCW((, if the person)):

(1) ((Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the commission under this title; or
      (2) Fishes for personal use using barbed hooks in violation of any rule; or
      (3) Violates any other rule of the commission or director that is designated by rule as an infraction)) Fishing and shellfishing infractions:
      (a) Barbed hooks:  Fishing for personal use with barbed hooks in violation of any department rule.
      (b)  Catch recording:  Failing to immediately record a catch of fish or shellfish on a catch record card as required by RCW 77.32.430 or department rule.
      (c) Catch reporting:  Failing to return a catch record card to the department for other than Puget Sound Dungeness crab, as required by department rule.
      (d) Recreational fishing:  Fishing for fish or shellfish and, without yet possessing fish or shellfish, the person:
      (i) Owns, but fails to have in the person's possession the license or the catch record card required by chapter 77.32 RCW for such an activity; or
      (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of fishing for fish or shellfish.  This subsection does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
      (e) Seaweed:  Taking, possessing, or harvesting less than two times the daily possession limit of seaweed:
      (i) While owning, but not having in the person's possession, the license required by chapter 77.32 RCW; or
      (ii) In violation of any rule of the department or the department of natural resources regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
      (f) Unclassified fish or shellfish:  Taking unclassified fish or shellfish in violation of any department rule by killing, fishing, taking, holding, possessing, or maliciously injuring or harming fish or shellfish that is not classified as game fish, food fish, shellfish, protected fish, or endangered fish.
      (g) Wasting fish or shellfish:  Killing, taking, or possessing fish or shellfish having a value of less than two hundred fifty dollars and allowing the fish or shellfish to be wasted.
      (2) Hunting infractions:
      (a) Eggs or nests:  Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird not classified as endangered or protected.  For purposes of this subsection, "active nests" means nests that contain eggs or fledglings.
      (b) Unclassified wildlife:  Taking unclassified wildlife in violation of any department rule by killing, hunting, taking, holding, possessing, or maliciously injuring or harming wildlife that is not classified as big game, game animals, game birds, protected wildlife, or endangered wildlife.
      (c) Wasting wildlife:  Killing, taking, or possessing wildlife that is not classified as big game and has a value of less than two hundred fifty dollars, and allowing the wildlife to be wasted.
      (d) Wild animals:  Hunting for wild animals not classified as big game and, without yet possessing the wild animals, the person owns, but fails to have in the person's possession, all licenses, tags, or permits required by this title.
      (e) Wild birds:  Hunting for and, without yet possessing a wild bird or birds, the person:
      (i) Owns, but fails to have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
      (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of hunting wild birds.
      (3) Trapping, taxidermy, fur dealing, and wildlife meat cutting infractions:
      (a) Recordkeeping and reporting:  If a person is a taxidermist, fur dealer, or wildlife meat cutter who is processing, holding, or storing wildlife for commercial purposes, failing to:
      (i) Maintain records as required by department rule; or
      (ii) Report information from these records as required by department rule.
      (b) Trapper's report:  Failing to report trapping activity as required by department rule.
      (4) Other infractions:
      (a) Contests:  Conducting, holding, or sponsoring a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife.
      (b) Other rules:  Violating any other department rule that is designated by rule as an infraction.
      (c) Posting signs:  Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
      (d) Scientific permits:  Using a scientific permit issued by the director for fish, shellfish, or wildlife, but not including big game or big game parts, and the person:
      (i) Violates any terms or conditions of the scientific permit; or
      (ii) Violates any department rule applicable to the issuance or use of scientific permits.
      (e) Transporting aquatic plants:  Transporting aquatic plants on any state or public road, including forest roads.  However:
      (i) This subsection does not apply to plants that are:
      (A) Being transported to the department or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
      (B) Legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
      (C) Located within or on a commercial aquatic plant harvester that is being transported to a suitable location to remove aquatic plants;
      (D) Being transported in a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
      (E) Being transported in such a way as the commission may otherwise prescribe; and
      (ii) This subsection does not apply to a person who:
      (A) Is stopped at an aquatic invasive species check station and possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive plant species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
      (B) Has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 16.  RCW 77.15.170 and 1999 c 258 s 5 are each amended to read as follows:

      (1) A person is guilty of waste of fish and wildlife ((in the second degree)) if:

(a) ((The person kills, takes, or possesses fish, shellfish, or wildlife and the value of the fish, shellfish, or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and
      (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.
      (2) A person is guilty of waste of fish and wildlife in the first degree if:
      (a))) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and

(b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.

(((3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.
      (b))) (2) Waste of fish and wildlife ((in the first degree)) is a gross misdemeanor.  Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife ((in the first degree)) for a period of one year.

      (((4))) (3) It is prima facie evidence of waste if:
      (a) A processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition; or
      (b) A person brings a big game animal to a wildlife meat cutter and then abandons the animal.  For purposes of this subsection (3)(b), a big game animal is deemed to be abandoned when its carcass is placed in the custody of a wildlife meat cutter for butchering and processing and:
      (i) Having been placed in such custody for an unspecified period of time, the meat is not removed within thirty days after the wildlife meat cutter gives notice to the person who brought in the carcass or, having been so notified, the person who brought in the carcass refuses or fails to pay the agreed upon or reasonable charges for the butchering or processing of the carcass; or
      (ii) Having been placed in such custody for a specified period of time, the meat is not removed at the end of the specified period or the person who brought in the carcass refuses to pay the agreed upon or reasonable charges for the butchering or processing of the carcass.

Sec. 17.  RCW 77.15.190 and 1999 c 258 s 9 are each amended to read as follows:

      (1) A person is guilty of unlawful trapping if the person:

      (a) Sets out traps that are capable of taking wild animals, game animals, or furbearing mammals and does not possess all licenses, tags, or permits required under this title;

      (b) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals, with the exception of reporting rules; or

      (c) Fails to identify the owner of the traps or devices by neither (i) attaching a metal tag with the owner's department-assigned identification number or the name and address of the trapper legibly written in numbers or letters not less than one-eighth inch in height nor (ii) inscribing into the metal of the trap such number or name and address.

      (2) Unlawful trapping is a misdemeanor.

Sec. 18.  RCW 77.15.240 and 1998 c 190 s 30 are each amended to read as follows:

      (1) A person is guilty of unlawful use of dogs if the person:

      (a) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or ((injuring)) killing deer, elk, moose, caribou, mountain sheep, or ((an)) animals classified as endangered under this title; or

      (b) Uses the dog to hunt deer or elk((; or
      (c) During the closed season for a species of game animal or game bird, negligently fails to prevent the dog from pursuing such animal or destroying the nest of a game bird)).

(2) For purposes of this section, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person.
      (3) Unlawful use of dogs is a misdemeanor.  ((A dog that is the basis for a violation of this section may be declared a public nuisance.))

      (4)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a snow bound deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may:
      (i) Lawfully take a dog into custody; or
      (ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog.
      (b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.

Sec. 19.  RCW 77.15.260 and 2001 c 253 s 33 are each amended to read as follows:

      (1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than two hundred fifty dollars and:

      (a) The fish or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or department rule ((of the department)); or

      (b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any department rule ((of the department)).

      (2)(a) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:

      (((a))) (i) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or

      (((b))) (ii) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or department rule ((of the department)).

      (b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the  series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved.

      (3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a ((gross misdemeanor)) class C felony.

      (b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class ((C)) B felony.

Sec. 20.  RCW 77.15.280 and 2008 c 244 s 2 are each amended to read as follows:

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

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

      (b) ((Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;
      (c))) Fails to submit any portion of a big game animal for ((a required)) an inspection as required by department rule ((of the commission or the director; or
      (d) Fails to return a catch record card to the department as required by rule of the commission or director, except for catch record cards officially endorsed for Puget Sound Dungeness crab)).

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

Sec. 21.  RCW 77.15.290 and 2007 c 350 s 6 are each amended to read as follows:

      (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:

      (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule ((of the commission or the director)) governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or

      (b) Possesses but fails to affix or notch a big game transport tag as required by department rule ((of the commission or director)).

      (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:

      (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule ((of the commission or the director)) governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or

      (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.

      (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.

      (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.

      (4) ((A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.
      (5) Unless otherwise prohibited by law, a person may transport aquatic plants:
      (a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
      (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
      (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;
      (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
      (e) As the commission may otherwise prescribe.
      (6) Unlawful transport of aquatic plants is a misdemeanor.
      (7))) This section does not apply to:  (a) Any person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 22.  RCW 77.15.370 and 2009 c 333 s 17 are each amended to read as follows:

      (1) A person is guilty of unlawful recreational fishing in the first degree if:

      (a) The person takes, possesses, or retains two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken, possessed, or retained for noncommercial use;

      (b) The person fishes in a fishway;

      (c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express department rule ((of the commission or director));

      (d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. ((17.11 (2002))) 223.102 (2006) or Sec. 224.101 (2010), unless fishing for or possession of such fish is specifically allowed under federal or state law; ((or))

      (e) The person possesses a sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department; or
      (f) The person possesses a salmon or steelhead during a season closed for that species.

      (2) Unlawful recreational fishing in the first degree is a gross misdemeanor.

Sec. 23.  RCW 77.15.380 and 2010 c 193 s 5 are each amended to read as follows:

      (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for((,)) fish or shellfish and, whether or not the person possesses fish or shellfish, the person has not purchased the appropriate fishing or shellfishing license and catch record card issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful recreational fishing in the second degree if the person takes, possesses, or harvests fish or shellfish and:

      (a) The person owns, but does not have ((and possess)) in the person's possession, the license or the catch record card required by chapter 77.32 RCW for such activity; or

      (b) The action violates any department rule ((of the commission or the director)) regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish((, except for)).  This section does not apply to use of a net to take fish ((as provided for in)) under RCW 77.15.580 ((and)) or the unlawful use of shellfish gear for personal use ((as provided in)) under RCW 77.15.382.

      (((2))) (3) Unlawful recreational fishing in the second degree is a misdemeanor.

Sec. 24.  RCW 77.15.390 and 2001 c 253 s 40 are each amended to read as follows:

      (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:

      (a) The person ((does not have and possess the license required by chapter 77.32 RCW for taking seaweed)) has not purchased a personal use shellfish and seaweed license issued to Washington residents or nonresidents under chapter 77.32 RCW; or

      (b) The ((action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting)) person takes, possesses, or harvests seaweed in an amount that is two times or more of the daily possession limit of seaweed.

      (2) Unlawful taking of seaweed is a misdemeanor.  This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.

Sec. 25.  RCW 77.15.400 and 2006 c 148 s 1 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person hunts for wild birds and, whether or not the person possesses wild birds, the person has not purchased the appropriate hunting license issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful hunting of wild birds in the second degree if the person takes or possesses less than two times the bag or possession limit of wild birds and the person:

      (a) ((Hunts for, takes, or possesses a wild bird and the person does not have and possess)) Owns, but does not have in the person's possession, all licenses, tags, stamps, and permits required under this title; or

      (b) ((Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
      (c))) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits ((but less than two times the bag or possession limit)), closed areas, closed times, or ((other rule addressing)) the manner or method of hunting or possession of wild birds((; or
      (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird)).

      (((2))) (3) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by department rule ((of the commission or director)).

      (((3))) (4)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.

      (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.

      (((4))) (5) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a department rule ((adopted by the commission under the authority of this title)) that requires the use of nontoxic shot, upon conviction:

      (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425.  The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section.  The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and

      (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.

Sec. 26.  RCW 77.15.410 and 2011 c 133 s 1 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of big game in the second degree if the person:

(a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title; or

      (b) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game((; or
      (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game)).

      (2) A person is guilty of unlawful hunting of big game in the first degree if the person commits the act described in subsection (1) of this section and:

      (a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or

      (b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game.

      (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor.  Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, ((or taken)) without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.

      (b) Unlawful hunting of big game in the first degree is a class C felony.  Upon conviction, the department shall revoke all of the person's hunting licenses or tags and order the person's hunting privileges suspended for ten years.

      (4) For the purposes of this section, "same course of events" means within one twenty-four hour period, or a pattern of conduct composed of a series of acts that are unlawful under subsection (1) of this section, over a period of time evidencing a continuity of purpose.

Sec. 27.  RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as follows:

      (1) A person is guilty of unlawful hunting of wild animals in the second degree if the person hunts for wild animals not classified as big game and, whether or not the person possesses the wild animals, the person has not purchased the appropriate hunting license issued to Washington residents or nonresidents under chapter 77.32 RCW.
      (2) A person is guilty of unlawful hunting of wild animals in the second degree if the person:

      (a) ((Hunts for,)) Takes((,)) or possesses a wild animal that is not classified as big game, and owns, but does not have ((and possess)) in the person's possession, all licenses, tags, or permits required by this title; or

      (b) Violates any department rule ((of the commission or director)) regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or any other rule addressing the manner or method of hunting or possession of wild animals not classified as big game((; or
      (c) Possesses a wild animal that is not classified as big game taken during a closed season for that wild animal or from a closed area for that wild animal)).

      (((2))) (3) A person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by department rule ((of the commission or director)).

      (((3))) (4)(a) Unlawful hunting of wild animals in the second degree is a misdemeanor.

      (b) Unlawful hunting of wild animals in the first degree is a gross misdemeanor.

Sec. 28.  RCW 77.15.460 and 1999 c 258 s 7 are each amended to read as follows:

      (1) A person is guilty of unlawful possession of a loaded ((firearm in a motor vehicle)) rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:

      (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in ((or on)) a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and

      (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

      (2) A person is guilty of unlawful use of a loaded firearm if:
      (a) The person negligently ((shoots)) discharges a firearm from, across, or along the maintained portion of a public highway; or
      (b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.

      (3) Unlawful possession of a loaded ((firearm in)) rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm ((is a)) are misdemeanors.

      (4) This section does not apply if the person:

      (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

      (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities; or
      (c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle or a nonmoving off-road vehicle, as long as the engine is turned off and the motor vehicle or off-road vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule.

(5) For purposes of subsection (1) of this section, a ((firearm)) rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the ((firearm)) rifle or shotgun.

Sec. 29.  RCW 77.15.610 and 2009 c 333 s 5 are each amended to read as follows:

(1) A person who holds a fur ((buyer's)) dealer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person((:
      (a))) fails to purchase and have in the ((license in)) person's possession the required license while engaged in fur buying or practicing taxidermy for commercial purposes((; or
      (b) Violates any rule of the department regarding reporting requirements or the use, possession, display, or presentation of the taxidermy or fur buyer's license)).

(2) Unlawful use of a commercial wildlife license is a misdemeanor.

Sec. 30.  RCW 77.15.620 and 2009 c 333 s 20 are each amended to read as follows:

      (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:

      (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(1) or 77.65.480 for anadromous game fish, or a direct retail endorsement under RCW 77.65.510;

      (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 77.65.280(2) or 77.65.480 for anadromous game fish;

      (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a direct retail endorsement required by RCW 77.65.510; or

      (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other by-products from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(4) or 77.65.480 for anadromous game fish.

      (2) ((Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
      (3))) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves((:  (a))) fish or shellfish worth two hundred fifty dollars or more((; (b) a failure to document such fish or shellfish with a fish receiving ticket or other documentation required by statute or rule of the department; or (c) violates [a violation of] any other rule of the department regarding wholesale fish buying and dealing)).

      (3)(a) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
      (b) Engaging in fish dealing activity without a license in the first degree is a class C felony.

Sec. 31.  RCW 77.15.630 and 2000 c 107 s 254 are each amended to read as follows:

      (1) A person who ((holds a fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, or a fish buyer's license required by RCW 77.65.340 is guilty of unlawful use of fish buying and dealing licenses)) acts in the capacity of a wholesale fish dealer, anadromous game fish buyer, or a fish buyer is guilty of unlawful fish and shellfish catch accounting in the second degree if the person:

      (a) Possesses or receives fish or shellfish for commercial purposes worth less than two hundred fifty dollars; and

      (b) Fails to document such fish or shellfish with a fish-receiving ticket or other documentation required by statute or department rule ((of the department)); or
      (c) Fails to sign the fish receiving ticket or other required documentation, fails to provide all of the information required by statute or department rule on the fish receiving ticket or other documentation, or both.

      (2) A person is guilty of unlawful ((use of fish buying and dealing licenses)) fish and shellfish catch accounting in the first degree if the person commits the act described by subsection (1) of this section and:

      (a) The violation involves fish or shellfish worth two hundred fifty dollars or more;

      (b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or

      (c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law.

      (3)(a) Unlawful ((use of fish buying and dealing licenses)) fish and shellfish catch accounting in the second degree is a gross misdemeanor.

      (b) Unlawful ((use of fish buying and dealing licenses)) fish and shellfish catch accounting in the first degree is a class C felony.  Upon conviction, the department shall suspend all privileges to engage in fish buying or dealing for two years.

Sec. 32.  RCW 77.15.640 and 2002 c 301 s 8 are each amended to read as follows:

      (1) A person who holds a wholesale fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, a fish buyer's license required by RCW 77.65.340, or a direct retail endorsement under RCW 77.65.510 is guilty of ((violating rules governing)) unlawful wholesale fish buying and dealing if the person:

      (a) Fails to possess or display his or her license when engaged in any act requiring the license; or

      (b) Fails to display or uses the license in violation of any department rule ((of the department;
      (c) Files a signed fish-receiving ticket but fails to provide all information required by rule of the department; or
      (d) Violates any other rule of the department regarding wholesale fish buying and dealing)).

      (2) ((Violating rules governing)) Unlawful wholesale fish buying and dealing is a gross misdemeanor.

Sec. 33.  RCW 77.15.650 and 2008 c 10 s 2 are each amended to read as follows:

      (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person:

      (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval;

      (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year;

      (c) Except as authorized under RCW 77.32.565, uses or displays a license, permit, tag, or approval that was issued to another person;

      (d) Except as authorized under RCW 77.32.565, permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;

      (e) Acquires or holds a license while privileges for the license are revoked or suspended;
      (f) Holds a resident license from another state or country.  This subsection (1)(f) only applies if the Washington license, tag, permit, or approval that the person buys, holds, uses, displays, transfers, or obtains is a resident license.  It is prima facie evidence of a violation of this section if any person who has a resident license from another state or country purchases a resident license, tag, permit, or approval in Washington.  This subsection does not apply to individuals who meet the definition of "resident" in section 5(2), (3), and (4) of this act.

      (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose.  A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or a license authorizing fish or wildlife buying, trafficking, or wholesaling.

      3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor.  Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval.

      (b) Unlawful purchase or use of a license in the first degree is a class C felony.  Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval.

      (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person.  Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife.

      (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.

Sec. 34.  RCW 77.15.660 and 1998 c 190 s 55 are each amended to read as follows:

      (1) A person is guilty of unlawful use of a scientific permit if the permit issued by the director is for big game or big game parts, and the person:

      (a) Violates any terms or conditions of ((a)) the scientific permit ((issued by the director));

      (b) Buys or sells ((fish or wildlife taken)) big game or big game parts that were taken or acquired with a scientific permit; or

      (c) Violates any department rule ((of the commission or the director)) applicable to the issuance or use of scientific permits.

      (2) Unlawful use of a scientific permit is a gross misdemeanor.

Sec. 35.  RCW 77.15.700 and 2009 c 333 s 2 are each amended to read as follows:

      (1) The department shall ((impose revocation and suspension of)) revoke a person's recreational license or licenses and suspend a person's recreational license privileges in the following circumstances:

      (a) Upon conviction, if directed by statute for an offense.

      (b) Upon conviction ((of a violation not involving commercial fishing)), failure to appear at a hearing to contest an infraction or criminal charge, or an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife.  Suspension of privileges under this subsection may be permanent.

      (c) If a person is convicted, fails to appear at a hearing to contest an infraction or criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, twice within ten years for a violation involving unlawful hunting, killing, or possessing big game.  Revocation and suspension under this subsection must be ordered for all hunting privileges for two years.

      (d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person:  (i) Is convicted of an offense; (ii) has an ((uncontested notice of)) unvacated payment of a fine or a finding of committed as a final disposition for any infraction; or (iii) fails to appear at a hearing to contest ((a fish and wildlife infraction; or (iv) is found to have committed)) an infraction or a criminal citation.  Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for two years.

      (2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is:

      (i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or

      (ii) One of the following violations, as they exist on July 24, 2005:  RCW 77.15.160; WAC 220-56-116; WAC 220-56-315(11); or WAC 220- 56-355 (1) through (4).

      (b) The commission may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.

      (3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, fails to appear at a hearing to contest a fish and wildlife infraction or a criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any fish and wildlife infraction, except for a violation of RCW 77.15.400 (1) through (((3))) (4), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.

      (4) A person who has a recreational license revoked and privileges suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW.  An appeal must be filed within twenty days of notice of license revocation and privilege suspension.  If an appeal is filed, the revocation and suspension issued by the department do not take effect until twenty-one days after the department has delivered an opinion.  If no appeal is filed within twenty days of notice of license revocation and suspension, the right to an appeal is waived, and the revocation and suspension take effect twenty-one days following the notice of revocation and suspension.
      (5) A recreational license revoked and privilege suspended under this section is in addition to the statutory penalties assigned to the underlying violation.

Sec. 36.  RCW 77.15.720 and 2000 c 107 s 258 are each amended to read as follows:

      (1)(a) If a person ((shoots)) discharges a firearm, bow, or crossbow while hunting and in a manner that injures, or that a reasonable person would believe is likely to injure, another person ((or domestic livestock while hunting)), the director shall revoke all of the shooter's hunting licenses and suspend all hunting privileges for three years.  If the shooting ((of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person's)) kills or results in the death of another person, then the director shall revoke all of the shooter's hunting licenses and suspend all of the person's hunting privileges ((shall be suspended)) for ten years.  ((The))

      (b) If a person, with malice, discharges a firearm, bow, or crossbow while hunting and in a manner that kills or causes substantial bodily harm to livestock belonging to another person, the director shall revoke all of the shooter's hunting licenses and suspend all hunting privileges for three years.  For the purposes of this subsection (1)(b), "malice" has the same meaning as provided in RCW 9A.04.110 but applies to acts against livestock.
      (2) A suspension under subsection (1) of this section shall be continued beyond ((these)) the applicable periods if damages owed to the victim or livestock owner have not been paid by the suspended person.  ((A)) In such a case, no hunting license shall ((not)) be reissued to the suspended person unless authorized by the director.

      (((2) Within twenty days of service of an order suspending privileges or imposing conditions under this section or RCW 77.15.710, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review.  The order is final and unappealable if there is no timely petition for administrative review.)) (3) A person who is notified of a license revocation under this section may request an appeal hearing under chapter 34.05 RCW.

      (((3))) (4) The commission may by rule authorize petitions for reinstatement of administrative suspensions and define circumstances under which such a reinstatement will be allowed.

Sec. 37.  RCW 77.15.740 and 2008 c 225 s 2 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, it is unlawful to:

      (a) ((Approach, by any means, within three hundred feet of a southern resident orca whale (Orcinus orca);
      (b) Cause a vessel or other object to approach within three hundred feet of a southern resident orca whale;
      (c) Intercept a southern resident orca whale.  A person intercepts a southern resident orca whale when that person places a vessel or allows a vessel to remain in the path of a whale and the whale approaches within three hundred feet of that vessel;
      (d) Fail to disengage the transmission of a vessel that is within three hundred feet of a southern resident orca whale, for which the vessel operator is strictly liable; or
      (e) Feed a southern resident orca whale, for which any person feeding a southern resident orca whale is strictly liable.
      (2) A person is exempt from subsection (1) of this section where:
      (a) A reasonably prudent person in that person's position would determine that compliance with the requirements of subsection (1) of this section will threaten the safety of the vessel, the vessel's crew or passengers, or is not feasible due to vessel design limitations, or because the vessel is restricted in its ability to maneuver due to wind, current, tide, or weather;
      (b) That person is lawfully participating in a commercial fishery and is engaged in actively setting, retrieving, or closely tending commercial fishing gear;
      (c) That person is acting in the course of official duty for a state, federal, tribal, or local government agency; or
      (d) That person is acting pursuant to and consistent with authorization from a state or federal government agency.
      (3) Nothing in this section is intended to conflict with existing rules regarding safe operation of a vessel or vessel navigation rules.
      (4))) Cause a vessel or other object to approach, in any manner, within two hundred yards of a southern resident orca whale;
      (b) Position a vessel to be in the path of a southern resident orca whale at any point located within four hundred yards of the whale.  This includes intercepting a southern resident orca whale by positioning a vessel so that the prevailing wind or water current carries the vessel into the path of the whale at any point located within four hundred yards of the whale;
      (c) Fail to disengage the transmission of a vessel that is within two hundred yards of a southern resident orca whale; or
      (d) Feed a southern resident orca whale.
      (2) A person is exempt from subsection (1) of this section if that person is:
      (a) Operating a federal government vessel in the course of his or her official duties, or operating a state, tribal, or local government vessel when engaged in official duties involving law enforcement, search and rescue, or public safety;
      (b) Operating a vessel in conjunction with a vessel traffic service established under 33 C.F.R. and following a traffic separation scheme, or complying with a vessel traffic service measure of direction.  This also includes support vessels escorting ships in the traffic lanes, such as tug boats;
      (c) Engaging in an activity, including scientific research, pursuant to a permit or other authorization from the national marine fisheries service and the department;
      (d) Lawfully engaging in a treaty Indian or commercial fishery that is actively setting, retrieving, or closely tending fishing gear;
      (e) Conducting vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment, including when necessary for overall safety of navigation and to comply with state and federal navigation requirements; or
      (f) Engaging in rescue or clean-up efforts of a beached southern resident orca whale overseen, coordinated, or authorized by a volunteer stranding network.
      (3) For the purpose of this section, "vessel" includes aircraft, canoes, fishing vessels, kayaks, personal watercraft, rafts, recreational vessels, tour boats, whale watching boats, vessels engaged in whale watching activities, or other small craft including power boats and sailboats.

      (((5))) (4)(a) A violation of this section is a natural resource infraction punishable under chapter 7.84 RCW.

      (b) A person who qualifies for an exemption under subsection (2) of this section may offer that exemption as an affirmative defense, which that person must prove by a preponderance of the evidence.

NEW SECTION.  Sec. 38.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person may not negligently feed or attempt to feed large wild carnivores or negligently attract large wild carnivores to land or a building.

      (2) If a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority, as defined in RCW 16.30.010, has probable cause to believe that a person is negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building by placing or locating food, food waste, or other substance in, on, or about any land or building, and the food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because it is attracting or could attract large wild carnivores to the land or building, that person commits an infraction under chapter 7.84 RCW.

      (3) Subsection (2) of this section does not apply to:

      (a) A person who is engaging in forest practices in accordance with chapter 76.09 RCW or in hunting or trapping wildlife in accordance with all other applicable provisions of this title or rules of the commission or the director;

      (b) A person who is engaging in a farming or ranching operation that is using generally accepted farming or ranching practices consistent with Titles 15 and 16 RCW;

      (c) Waste disposal facilities that are operating in accordance with applicable federal, state, and municipal laws;

      (d) Entities listed in RCW 16.30.020(1) (a) through (j) and scientific collection permit holders; or

      (e) A fish and wildlife officer or employee or agent of the department operating under the authority of or upon request from an officer conducting authorized wildlife capture activities to address a threat to human safety or a wildlife interaction as defined in RCW 77.36.010.

      (4) For persons and entities listed in subsection (3) of this section, a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority, as defined in RCW 16.30.010, may issue a written warning to the person or entity if:

      (a) The officer or animal control authority can articulate facts to support that the person or entity has placed or is responsible for placing food, food waste, or other substance in, on, or about the person's or entity's land or buildings; and

      (b) The food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because the food, food waste, or other substance is attracting or could attract large wild carnivores to the land or buildings.

(5)(a) Any written warning issued under subsection (4) of this section requires the person or entity placing or otherwise responsible for placing the food, food waste, or other substance to contain, move, or remove that food, food waste, or other substance within two days.

      (b) If a person who is issued a written warning under (a) of this subsection fails to contain, move, or remove the food, food waste, or other substance as directed, the person commits an infraction under chapter 7.84 RCW.

NEW SECTION.  Sec. 39.  A new section is added to chapter 77.15 RCW to read as follows:

      (1) A person may not intentionally feed or attempt to feed large wild carnivores or intentionally attract large wild carnivores to land or a building.

      (2) A person who intentionally feeds, attempts to feed, or attracts large wild carnivores to land or a building is guilty of a misdemeanor.

      (3) A person who is issued an infraction under section 38 of this act for negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building, and who fails to contain, move, or remove the food, food waste, or other substance within twenty-four hours of being issued the infraction, is guilty of a misdemeanor.

NEW SECTION.  Sec. 40.  The following acts or parts of acts are each repealed:

      (1) RCW 77.12.315 (Dogs harassing deer and elk‑-Declaration of emergency‑-Taking dogs into custody or destroying‑-Immunity) and 2000 c 107 s 221, 1987 c 506 s 40, 1980 c 78 s 49, & 1971 ex.s. c 183 s 1;

      (2) RCW 77.15.140 (Unclassified fish or wildlife‑-Unlawful taking‑- Penalty) and 1998 c 190 s 15;

      (3) RCW 77.15.220 (Unlawful posting‑-Penalty) and 1998 c 190 s 25; and

      (4) RCW 77.15.330 (Unlawful hunting or fishing contests‑-Penalty) and 2001 c 253 s 36 & 1998 c 190 s 56.

NEW SECTION.  Sec. 41.  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."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Ranker moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6135.

      Senator Ranker spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Ranker that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6135.

The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6135 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6135, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6135, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senator Frockt

SUBSTITUTE SENATE BILL NO. 6135, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 6, 2012

 

MR. PRESIDENT:

The House receded from its amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 5355. Under suspension of the rules, the bill was returned to second reading for the purpose of an amendment. The House adopted the following amendment: 5355-S2 AMH TAYL REIL 080, and passed the bill as amended by the House.

0)On page 2, line 4, after "web site" strike ", if any" and insert ".  An agency is not required to post a special meeting notice on its web site if it (i) does not have a web site; (ii) employs fewer than ten full-time equivalent employees, or (iii) does not employ personnel whose duty, as defined by a job description or existing contract, is to maintain or update the web site

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Morton moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5355.

      Senator Morton spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Morton that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5355.

The motion by Senator Morton carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5355 by voice vote.

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5355, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5355, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senator Frockt

SECOND SUBSTITUTE SENATE BILL NO. 5355, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

February 27, 2012

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5766 with the following amendment(s): 5766-S AMH LG PFUN 111

0)On page 1, line 11, after "((forty))" insert "eighty-four"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Roach moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5766.

      Senator Roach spoke in favor of the motion.

 

MOTION

 

On motion of Senator Harper, Senator Ranker was excused.

 

The President declared the question before the Senate to be the motion by Senator Roach that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5766.

The motion by Senator Roach carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5766 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5766, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5766, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Frockt and Ranker

SUBSTITUTE SENATE BILL NO. 5766, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

February 29, 2012

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6383 with the following amendment(s): 6383-S.E AMH HUNS CLYN 400

0)On page 4, line 19, beginning with "(3)" strike all material through "2012." on line 29

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

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Benton moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6383.

      Senator Benton spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Benton that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6383.

The motion by Senator Benton carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6383 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6383, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6383, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Pridemore

      Excused: Senator Frockt

ENGROSSED SUBSTITUTE SENATE BILL NO. 6383, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 11:38 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 1:54 p.m. by President Owen.

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

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

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2483,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2536,

HOUSE BILL NO. 2803.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House has passed SUBSTITUTE HOUSE BILL NO. 2139.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Frockt moved that Gubernatorial Appointment No. 9170, Elizabeth Willis, as a member of the State Board for Community and Technical Colleges, be confirmed.

      Senator Frockt spoke in favor of the motion.

 

APPOINTMENT OF ELIZABETH WILLIS

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9170, Elizabeth Willis as a member of the State Board for Community and Technical Colleges.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9170, Elizabeth Willis as a member of the State Board for Community and Technical Colleges and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 1; Absent, 2; Excused, 0.

      Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Baumgartner

      Absent: Senators Haugen and Kline

Gubernatorial Appointment No. 9170, Elizabeth Willis, having received the constitutional majority was declared confirmed as a member of the State Board for Community and Technical Colleges.

 

MOTION

 

On motion of Senator Harper, Senators Haugen and Kline were excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Frockt moved that Gubernatorial Appointment No. 9104, Manford Simcock, as a member of the Higher Education Facilities Authority, be confirmed.

      Senator Frockt spoke in favor of the motion.

 

APPOINTMENT OF MANFORD SIMCOCK

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9104, Manford Simcock as a member of the Higher Education Facilities Authority.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9104, Manford Simcock as a member of the Higher Education Facilities Authority and the appointment was confirmed by the following vote:  Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Baumgartner

      Excused: Senator Haugen

Gubernatorial Appointment No. 9104, Manford Simcock, having received the constitutional majority was declared confirmed as a member of the Higher Education Facilities Authority.

 

SECOND READING

 

SENATE BILL NO. 6442, by Senators Hobbs, Litzow, Keiser, Holmquist Newbry, Hatfield, Hewitt, Kastama, Schoesler, Tom, Fain, Hill, Zarelli, Hargrove, Kline, Murray, Shin, Sheldon, Fraser, Haugen, Morton, Honeyford, Benton, Carrell, Delvin and King

 

Establishing a consolidating purchasing system for public school employees.

 

MOTION

 

Senator Keiser moved that Substitute Senate Bill No. 6442 be substituted for Senate Bill No. 6442 and the substitute bill be placed on the second reading.

 

MOTION

 

Senator Schoesler moved that further consideration of Senate Bill No. 6442 be deferred and the bill held its place on the second reading calendar.

 

Senator Eide demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

 

Senator Eide withdrew her demand for a roll call.

 

The motion by Senator Schoesler carried and further consideration of Substitute Senate Bill No. 6442 was deferred and the bill held its place on the second reading calendar by a rising vote.

 

MOTION

 

At 2:17 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 4:32 p.m. by President Owen.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Harper moved that Gubernatorial Appointment No. 9186, Geneanne Burke, as a member of the Board of Trustees, Everett Community College District No. 5, be confirmed.

      Senator Harper spoke in favor of the motion.

 

APPOINTMENT OF GENEANNE BURKE

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9186, Geneanne Burke as a member of the Board of Trustees, Everett Community College District No. 5.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9186, Geneanne Burke as a member of the Board of Trustees, Everett Community College District No. 5 and the appointment was confirmed by the following vote:  Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

      Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Baumgartner

Gubernatorial Appointment No. 9186, Geneanne Burke, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Everett Community College District No. 5.

 

SIGNED BY THE PRESIDENT

 

The President signed:

SECOND SUBSTITUTE SENATE BILL NO. 5355,

SUBSTITUTE SENATE BILL NO. 5766,

SUBSTITUTE SENATE BILL NO. 6135,

SENATE BILL NO. 6159,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6383,

SUBSTITUTE SENATE BILL NO. 6494,

SUBSTITUTE SENATE BILL NO. 6600.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6150 and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

REPORT OF THE CONFERENCE COMMITTEE

Engrossed Substitute Senate Bill No. 6150

March 7, 2012

 

MR. PRESIDENT:

MR. SPEAKER:

We of your conference committee, to whom was referred Engrossed Substitute Senate Bill No. 6150, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

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

"Sec. 1.  RCW 46.20.037 and 2006 c 292 s 1 are each amended to read as follows:

(1) ((No later than two years after full implementation of the provisions of Title II of P.L. 109-13, improved security for driver's licenses and personal identification cards (Real ID), as passed by Congress May 10, 2005,)) The department ((shall)) may implement a ((voluntary biometric)) facial recognition matching system for ((driver's)) drivers' licenses, permits, and identicards.  ((A biometric)) Any facial recognition matching system ((shall)) selected by the department must be used only to verify the identity of an applicant for or holder of a ((renewal or duplicate)) driver's license, permit, or identicard ((by matching a biometric identifier submitted by the applicant against the biometric identifier submitted when the license was last issued.  This project requires a full review by the information services board using the criteria for projects of the highest visibility and risk)) to determine whether the person has been issued a driver's license, permit, or identicard under a different name or names.

      (2) Any ((biometric)) facial recognition matching system selected by the department ((shall)) must be capable of highly accurate matching, and ((shall)) must be compliant with ((biometric)) appropriate standards established by the American association of motor vehicle administrators that exist on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

      (3) ((The biometric matching system selected by the department must incorporate a process that allows the owner of a driver's license or identicard to present a personal identification number or other code along with the driver's license or identicard before the information may be verified by a third party, including a governmental entity.
      (4) Upon the establishment of a biometric driver's license and identicard system as described in this section, the department shall allow every person applying for an original, renewal, or duplicate driver's license or identicard to voluntarily submit a biometric identifier.  Each applicant shall be informed of all ways in which the biometric identifier may be used, all parties to whom the identifier may be disclosed and the conditions of disclosure, the expected error rates for the biometric matching system which shall be regularly updated as the technology changes or empirical data is collected, and the potential consequences of those errors.  The department shall adopt rules to allow applicants to verify the accuracy of the system at the time that biometric information is submitted, including the use of at least two separate devices.
      (5) The department may not disclose biometric information to the public or any governmental entity except when authorized by court order.
      (6))) The department shall post notices in conspicuous locations at all department driver licensing offices, make written information available to all applicants at department driver licensing offices, and provide information on the department's web site regarding the facial recognition matching system.  The notices, written information, and information on the web site must address how the facial recognition matching system works, all ways in which the department may use results from the facial recognition matching system, how an investigation based on results from the facial recognition matching system would be conducted, and a person's right to appeal any determinations made under this chapter.
      (4) Results from the facial recognition matching system:
      (a) Are not available for public inspection and copying under chapter 42.56 RCW;
      (b) May only be disclosed when authorized by a court order;
      (c) May only be disclosed to a federal government agency if specifically required under federal law; and
      (d) May only be disclosed by the department to a government agency, including a court or law enforcement agency, for use in carrying out its functions if the department has determined that person has committed one of the prohibited practices listed in RCW 46.20.0921 and this determination has been confirmed by a hearings examiner under this chapter or the person declined a hearing or did not attend a scheduled hearing.
      (5) All ((biometric)) personally identifying information ((shall)) derived from the facial recognition matching system must be stored with appropriate security safeguards((, including but not limited to encryption)).  The office of the chief information officer shall develop the appropriate security standards for the department's use of the facial recognition matching system, subject to approval and oversight by the technology services board.

(((7))) (6) The department shall develop procedures to handle instances in which the ((biometric)) facial recognition matching system fails to verify the identity of an applicant for a renewal or duplicate driver's license, permit, or identicard. These procedures ((shall)) must allow an applicant to prove identity without using ((a biometric identifier.
      (8) Any person who has voluntarily submitted a biometric identifier may choose to discontinue participation in the biometric matching program at any time, provided that the department utilizes a secure procedure to prevent fraudulent requests for a renewal or duplicate driver's license or identicard.  When the person discontinues participation, any previously collected biometric information shall be destroyed.
      (9) This section does not apply when an applicant renews his or her driver's license or identicard by mail or electronic commerce)) the facial recognition matching system.

NEW SECTION.  Sec. 2.  A new section is added to chapter 46.20 RCW to read as follows:

      (1) The department shall report to the governor and the legislature by October 1st of each year, beginning October 1, 2012, on the following numbers during the previous fiscal year:  The number of investigations initiated by the department based on results from the facial recognition matching system; the number of determinations made that a person has committed one of the prohibited practices in RCW 46.20.0921 after the completion of an investigation; the number of determinations that were confirmed by a hearings examiner and the number that were overturned by a hearings examiner; the number of cases where a person declined a hearing or did not attend a scheduled hearing; and the number of determinations that were referred to law enforcement.

      (2) This section expires June 30, 2017.

NEW SECTION.  Sec. 3.  A new section is added to chapter 46.04 RCW to read as follows:

"Facial recognition matching system" means a system that compares the biometric template derived from an image of an applicant or holder of a driver's license, permit, or identicard with the biometric templates derived from the images in the department's negative file.

NEW SECTION.  Sec. 4.  RCW 46.20.038 (Biometric matching system‑-Funding) and 2004 c 273 s 4 are each repealed.

Sec. 5.  RCW 46.20.055 and 2010 c 223 s 1 are each amended to read as follows:

      (1) Driver's instruction permit.  The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid ((a)) an application fee of twenty-five dollars, and meets the following requirements:

      (a) Is at least fifteen and one-half years of age; or

      (b) Is at least fifteen years of age and:

      (i) Has submitted a proper application; and

      (ii) Is enrolled in a traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.

      (2) Waiver of written examination for instruction permit.  The department may waive the written examination, if, at the time of application, an applicant is enrolled in:

      (a) A traffic safety education course as defined by RCW 28A.220.020(2); or

      (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280.

The department may require proof of registration in such a course as it deems necessary.

      (3) Effect of instruction permit.  A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:

      (a) The person has immediate possession of the permit;

      (b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and

      (c) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.

      (4) Term of instruction permit.  A driver's instruction permit is valid for one year from the date of issue.

      (a) The department may issue one additional one-year permit.

      (b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.

      (c) A person applying ((to renew)) for an additional instruction permit must submit the application to the department in person and pay an application fee of twenty-five dollars for each issuance.

Sec. 6.  RCW 46.20.117 and 2005 c 314 s 305 are each amended to read as follows:

      (1) Issuance.  The department shall issue an identicard, containing a picture, if the applicant:

      (a) Does not hold a valid Washington driver's license;

      (b) Proves his or her identity as required by RCW 46.20.035; and

      (c) Pays the required fee.  Except as provided in subsection (5) of this section, the fee is ((twenty)) forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013,  unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services.  For those persons the fee must be the actual cost of production of the identicard.

      (2) Design and term.  The identicard must:

      (a) Be distinctly designed so that it will not be confused with the official driver's license; and

      (b) Except as provided in subsection (5) of this section, expire on the ((fifth)) sixth anniversary of the applicant's birthdate after issuance.

      (3) Renewal.  An application for identicard renewal may be submitted by means of:

      (a) Personal appearance before the department; or

      (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired.  ((However, the department may accept an application for renewal of an identicard submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.))

An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.

      (4) Cancellation.  The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.

      (5) Alternative issuance/renewal/extension.  The department may issue or renew an identicard for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or may extend by mail or electronic commerce an identicard that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of identicard holders.  The fee for an identicard issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or that has been extended by mail or electronic commerce, is nine dollars for each year that the identicard is issued, renewed, or extended.  The department may adopt any rules as are necessary to carry out this subsection.

Sec. 7.  RCW 46.20.120 and 2011 c 370 s 4 are each amended to read as follows:

An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license.  The department must ensure that examinations are given at places and times reasonably available to the people of this state.  If the department does not administer driver licensing examinations as a routine part of its licensing services within a department region because adequate testing sites are provided by driver training schools or school districts within that region, the department shall, at a minimum, administer driver licensing examinations by appointment to applicants eighteen years of age and older in at least one licensing office within that region.

      (1) Waiver.  The department may waive:

      (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or

      (b) All or any part of the examination involving operating a motor vehicle if the applicant:

      (i) Surrenders a valid driver's license issued by the person's previous home state; or

      (ii) Provides for verification a valid driver's license issued by a foreign driver licensing jurisdiction with which the department has an informal agreement under RCW 46.20.125; and

      (iii) Is otherwise qualified to be licensed.

      (2) Fee.  Each applicant for a new license must pay an examination fee of ((twenty)) thirty-five dollars.

      (a) The examination fee is in addition to the fee charged for issuance of the license.

      (b) "New license" means a license issued to a driver:

      (i) Who has not been previously licensed in this state; or

      (ii) Whose last previous Washington license has been expired for more than ((five)) six years.

      (3) An application for driver's license renewal may be submitted by means of:

      (a) Personal appearance before the department; or

      (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her license by mail or by electronic commerce when it last expired.

      (4) A person whose license expired or will expire while he or she is living outside the state, may:

      (a) Apply to the department to extend the validity of his or her license for no more than twelve months.  If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license.  The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months.  An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181.  The department shall charge a fee of five dollars for each license extension;

      (b) Apply to the department to renew his or her license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means.  If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.

      (5) If a qualified person submits an application for renewal under subsection (3)(b) or (4)(b) of this section, he or she is not required to pass an examination nor provide an updated photograph.  A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."

      (6) Driver training schools licensed by the department under chapter 46.82 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

      (7) School districts that offer a traffic safety education program under chapter 28A.220 RCW may administer the portions of the driver licensing examination that test the applicant's knowledge of traffic laws and ability to safely operate a motor vehicle.

Sec. 8.  RCW 46.20.161 and 2000 c 115 s 6 are each amended to read as follows:

The department, upon receipt of a fee of ((twenty-five)) forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013, unless the driver's license is issued for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, in which case the fee shall be ((five)) nine dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license.  A driver's license issued to a person under the age of eighteen is an intermediate license, subject to the restrictions imposed under RCW 46.20.075, until the person reaches the age of eighteen.  The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license.  No license is valid until it has been so signed by the licensee.

Sec. 9.  RCW 46.20.181 and 1999 c 308 s 3 are each amended to read as follows:

      (1) Except as provided in subsection (4) or (5) of this section, every driver's license expires on the ((fifth)) sixth anniversary of the licensee's birthdate following the issuance of the license.

      (2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of ((twenty-five)) forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013.  This fee includes the fee for the required photograph.

      (3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:

      (a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or

      (b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.

      (4) ((During the period from July 1, 2000, to July 1, 2006,)) The department may issue or renew a driver's license for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or may extend by mail or electronic commerce a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers.  The fee for a driver's license issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or that has been extended by mail or electronic commerce, is ((five)) nine dollars for each year that the license is issued, renewed, or extended.  The department may adopt any rules as are necessary to carry out this subsection.

      (5) A driver's license that includes a hazardous materials endorsement under chapter 46.25 RCW may expire on an anniversary of the licensee's birthdate other than the sixth year following issuance or renewal of the license in order to match, as nearly as possible, the validity of certification from the federal transportation security administration that the licensee has been determined not to pose a security risk.  The fee for a driver's license issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, is nine dollars for each year that the license is issued or renewed, not including any endorsement fees.  The department may adjust the expiration date of a driver's license that has previously been issued to conform to the provisions of this subsection if a hazardous materials endorsement is added to the license subsequent to its issuance.  If the validity of the driver's license is extended, the licensee must pay a fee of nine dollars for each year that the license is extended.
      (6) The department may adopt any rules as are necessary to carry out this section.

Sec. 10.  RCW 46.20.200 and 2002 c 352 s 14 are each amended to read as follows:

      (1) If an instruction permit, identicard, or a driver's license is lost or destroyed, the person to whom it was issued may obtain a duplicate of it upon furnishing proof of such fact satisfactory to the department and payment of a fee of ((fifteen)) twenty dollars to the department.

      (2) A replacement permit, identicard, or driver's license may be obtained to change or correct material information upon payment of a fee of ten dollars and surrender of the permit, identicard, or driver's license being replaced.

Sec. 11.  RCW 46.20.049 and 2011 c 227 s 6 are each amended to read as follows:

There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license.  The additional fee for each class shall be ((sixty-one)) eighty-five dollars from October 1, 2012, to June 30, 2013, and one hundred two dollars after June 30, 2013, for the original commercial driver's license or subsequent renewals.  If the commercial driver's license is issued, renewed, or extended for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, the fee for each class shall be ((twelve)) seventeen dollars ((and twenty cents)) for each year that the commercial driver's license is issued, renewed, or extended.  The fee shall be deposited in the highway safety fund.

Sec. 12.  RCW 46.20.308 and 2008 c 282 s 2 are each amended to read as follows:

      (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.  Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood.

      (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one.  However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5).  The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506.  The officer shall warn the driver, in substantially the following language, that:

(a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and

      (b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and

      (c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if the driver is age twenty-one or over and the test indicates the alcohol concentration of the driver's breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of the driver's breath or blood is 0.02 or more, or if the driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and

      (d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.

      (3) Except as provided in this section, the test administered shall be of the breath only.  If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.

      (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

      (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

      (6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more if the person is age twenty-one or over, or 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:

      (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (7) of this section;

      (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section and that the person waives the right to a hearing if he or she receives an ignition interlock driver's license;

      (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;

      (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.  No temporary license is valid to any greater degree than the license or permit that it replaces; and

      (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:

      (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;

      (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and

      (iii) Any other information that the director may require by rule.

      (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

      (8) A person receiving notification under subsection (6)(b) of this section may, within twenty days after the notice has been given, request in writing a formal hearing before the department.  The person shall pay a fee of ((two)) three hundred seventy-five dollars as part of the request.  If the request is mailed, it must be postmarked within twenty days after receipt of the notification.  Upon timely receipt of such a request for a formal hearing, including receipt of the required ((two)) three hundred seventy-five dollar fee, the department shall afford the person an opportunity for a hearing.  The department may waive the required ((two)) three hundred seventy-five dollar fee if the person is an indigent as defined in RCW 10.101.010.  Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332.  The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.  The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing.  For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person was age twenty-one or over at the time of the arrest, or 0.02 or more if the person was under the age of twenty-one at the time of the arrest.  The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.

A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses.  The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court.  The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation.  The person may be represented by counsel, may question witnesses, may present evidence, and may testify.  The department shall order that the suspension, revocation, or denial either be rescinded or sustained.

      (9) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction.  Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived.  Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing.  The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer.  The filing of the appeal does not stay the effective date of the suspension, revocation, or denial.  A petition filed under this subsection must include the petitioner's grounds for requesting review.  Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible.  The review must be limited to a determination of whether the department has committed any errors of law.  The superior court shall accept those factual determinations supported by substantial evidence in the record:  (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department.  The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings.  The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case.  The court shall state the reasons for the decision.  If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.  If the court stays the suspension, revocation, or denial it may impose conditions on such stay.

      (10)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (7) of this section, other than as a result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution.  The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter.  If the court stays the suspension, revocation, or denial, it may impose conditions on such stay.  If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay.  If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

      (b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based.  If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated.  If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.

      (c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.

      (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.

Sec. 13.  RCW 46.20.505 and 2007 c 97 s 1 are each amended to read as follows:

Every person applying for a special endorsement of a driver's license authorizing such person to drive a two or three-wheeled motorcycle or a motor-driven cycle shall pay a fee of five dollars, which is not refundable.  In addition, the endorsement fee for the initial motorcycle endorsement shall not exceed ((ten)) twelve dollars((, and)), unless the endorsement is issued for a period other than six years, in which case the endorsement fee shall not exceed two dollars for each year the initial motorcycle endorsement is issued.  The subsequent renewal endorsement fee shall not exceed ((twenty-five)) thirty dollars, unless the endorsement is renewed or extended for a period other than ((five)) six years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended.  Fees collected under this section shall be deposited in the motorcycle safety education account of the highway safety fund.

NEW SECTION.  Sec. 14.  Sections 5 through 13 of this act take effect October 1, 2012."

On page 1, line 3 of the title, after "system;" strike the remainder of the title and insert "amending RCW 46.20.037, 46.20.055, 46.20.117, 46.20.120, 46.20.161, 46.20.181, 46.20.200, 46.20.049, 46.20.308, and 46.20.505; adding a new section to chapter 46.20 RCW; adding a new section to chapter 46.04 RCW; repealing RCW 46.20.038; providing an effective date; and providing an expiration date."

And the bill do pass as recommended by the conference committee.

Signed by Senators Eide, Haugen and King; Representatives Armstrong, Clibborn and Liias.

 

MOTION

 

Senator Haugen moved that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6150 be adopted.

Senator Haugen spoke in favor of the motion.

 

POINT OF ORDER

 

Senator Benton:  “I’m not sure Mr. President so I ask for your ruling on this but it’s my understanding according to joint rules between the House and the Senate that any conference committee report must remain on the bar for twenty-four hours before the body takes action on that. Is that correct?”

 

Senator Benton withdrew his motion.

 

The President declared the question before the Senate to be the motion by Senator Haugen that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6150 be adopted.

The motion by Senator Haugen carried and the Report of the Conference Committee was adopted by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6150, as recommended by the Conference Committee.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6150, as recommended by the Conference Committee, and the bill passed the Senate by the following vote:  Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

      Voting yea: Senators Brown, Chase, Conway, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Prentice, Pridemore, Ranker, Regala, Rolfes, Shin, Swecker and Tom

      Voting nay: Senators Baumgartner, Becker, Benton, Carrell, Delvin, Ericksen, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Morton, Padden, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens and Zarelli

ENGROSSED SUBSTITUTE SENATE BILL NO. 6150, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6455 and has passed the bill as recommended by the Conference Committee.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

REPORT OF THE CONFERENCE COMMITTEE

Engrossed Substitute Senate Bill No. 6455

March 7, 2012

 

MR. PRESIDENT:

MR. SPEAKER:

We of your conference committee, to whom was referred Engrossed Substitute Senate Bill No. 6455, have had the same under consideration and recommend that all previous amendments not be adopted and that the following striking amendment be adopted:

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

"Sec. 1.  RCW 46.17.100 and 2010 c 161 s 508 are each amended to read as follows:

Before accepting an application for a certificate of title as required in this title, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a ((five)) fifteen dollar application fee in addition to any other fees and taxes required by law.

      (1) Five dollars of the certificate of title application fee must be distributed under RCW 46.68.020.

      (2) Ten dollars of the certificate of title application fee must be credited to the transportation 2003 account (nickel account) created in RCW 46.68.280.

Sec. 2.  RCW 46.17.140 and 2010 c 161 s 512 are each amended to read as follows:

The penalty for a late transfer under RCW 46.12.650(7) is ((twenty-five)) fifty dollars assessed on the sixteenth day after the date of delivery and two dollars for each additional day thereafter, but the total penalty must not exceed one hundred twenty-five dollars.  The penalty must be distributed under RCW 46.68.020.

Sec. 3.  RCW 46.17.200 and 2011 c 171 s 56 are each amended to read as follows:

      (1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:

      (a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:

 

FEE TYPE

FEE

DISTRIBUTION

Original issue

$ 10.00

RCW 46.68.070

Reflectivity

$ 2.00

RCW 46.68.070

Replacement

$ 10.00

RCW 46.68.070

Original issue,
motorcycle

$ 4.00

RCW 46.68.070

Replacement,

motorcycle

(($ 2.00))

$ 4.00

RCW 46.68.070

Original issue, moped

$1.50

RCW 46.68.070

 

      (b) A license plate retention fee, as required under RCW 46.16A.200(10)(((a)(iii))) (c), of twenty dollars if the owner wishes to retain the current license plate number upon license plate replacement, unless the owner or type of vehicle is exempt from payment.  The twenty dollar fee must be deposited in the multimodal transportation account created in RCW 47.66.070.

      (c) A ten dollar license plate transfer fee, as required under RCW 46.16A.200(8)(a), when transferring standard issue license plates from one vehicle to another, unless the owner or type of vehicle is exempt from payment.  The ten dollar license plate transfer fee must be deposited in the motor vehicle fund created in RCW 46.68.070.

      (d) Former prisoner of war license plates, as described in RCW 46.18.235, may be transferred to a replacement vehicle upon payment of a five dollar license plate fee, in addition to any other fee required by law.

      (2) The department may, upon request, provide license plates that have been used and returned to the department to individuals for nonvehicular use.  The department may charge a fee of up to five dollars per license plate to cover costs or recovery for postage and handling.  The department may waive the fee for license plates used in educational projects and may, by rule, provide standards for the fee waiver and restrictions on the number of license plates provided to any one person.  The fee must be deposited in the motor vehicle fund created in RCW 46.68.070.

Sec. 4.  RCW 46.17.375 and 2010 c 161 s 534 are each amended to read as follows:

      (1) Before accepting an application for registration for a recreational vehicle, the department, county auditor or other agent, or subagent appointed by the director ((shall)) must require an applicant to pay ((a three)) an eight dollar fee in addition to any other fees and taxes required by law.  The state parks support and recreational vehicle sanitary disposal fee must be ((deposited in the RV account created)) distributed as provided in RCW 46.68.170.

      (2) For the purposes of this section, "recreational vehicle" means a camper, motor home, or travel trailer.

Sec. 5.  RCW 46.68.170 and 2011 c 367 s 715 are each amended to read as follows:

((There is)) The director shall forward all proceeds from the state parks support and recreational vehicle sanitary disposal fee imposed under RCW 46.17.375 to the state treasurer to be distributed to the following accounts:
      (1) Three dollars to the RV account hereby created in the motor vehicle fund the RV account.  All moneys hereafter deposited in ((said)) the account ((shall)) must be used by the department of transportation for the construction, maintenance, and operation of recreational vehicle sanitary disposal systems at safety rest areas in accordance with the department's highway system plan as prescribed in chapter 47.06 RCW.  During the 2009‑2011 and 2011-2013 fiscal biennia, the legislature may transfer from the RV account to the motor vehicle fund such amounts as reflect the excess fund balance of the RV account to accomplish the purposes identified in this section; and
      (2) Five dollars to the state parks renewal and stewardship account established in RCW 79A.05.215.

Sec. 6.  RCW 79A.05.215 and 2011 c 320 s 22 are each amended to read as follows:

The state parks renewal and stewardship account is created in the state treasury.  Except as otherwise provided in this chapter, all receipts from user fees, concessions, leases, donations collected under RCW 46.16A.090(3), and other state park-based activities ((shall)) must be deposited into the account.  In addition, five dollars of the fee established in RCW 46.17.375 must be deposited into the account as provided in RCW 46.68.170(2) and may be used by the commission only for the operation and maintenance of state parks that provide access and overnight accommodations to recreational vehicles.  The proceeds from the recreation access pass account created in RCW 79A.80.090 must be used for the purpose of operating and maintaining state parks.  Except as provided otherwise in this section, expenditures from the account may be used for operating state parks, developing and renovating park facilities, undertaking deferred maintenance, enhancing park stewardship, and other state park purposes.  Expenditures from the account may be made only after appropriation by the legislature.

Sec. 7.  RCW 46.20.293 and 2007 c 424 s 1 are each amended to read as follows:

The department is authorized to provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101 and 13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state.  Further, the department is authorized to provide any juvenile court with any requested service which the department can reasonably perform which is not inconsistent with its legal authority which substantially aids juvenile courts in handling traffic cases and which promotes highway safety.

The department is authorized to furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from such parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of ((ten)) thirteen dollars, fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

Sec. 8.  RCW 46.29.050 and 2010 c 8 s 9028 are each amended to read as follows:

(1) The department shall upon request furnish any person or his or her attorney a certified abstract of his or her driving record, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved.  Such abstract shall (a) indicate the total number of vehicles involved, whether the vehicles were legally parked or moving, and whether the vehicles were occupied at the time of the accident; and (b) contain reference to any convictions of the person for violation of the motor vehicle laws as reported to the department, reference to any findings that the person has committed a traffic infraction which have been reported to the department, and a record of any vehicles registered in the name of the person.  The department shall collect for each abstract the sum of ((ten)) thirteen dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

      (2) The department shall upon request furnish any person who may have been injured in person or property by any motor vehicle, with an abstract of all information of record in the department pertaining to the evidence of the ability of any driver or owner of any motor vehicle to respond in damages.  The department shall collect for each abstract the sum of ((ten)) thirteen dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

Sec. 9.  RCW 46.52.130 and 2010 c 253 s 1 are each amended to read as follows:

Upon a proper request, the department may furnish an abstract of a person's driving record as permitted under this section.

      (1) Contents of abstract of driving record.  An abstract of a person's driving record, whenever possible, must include:

(a) An enumeration of motor vehicle accidents in which the person was driving, including:

      (i) The total number of vehicles involved;

      (ii) Whether the vehicles were legally parked or moving;

      (iii) Whether the vehicles were occupied at the time of the accident; and

      (iv) Whether the accident resulted in a fatality;

      (b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;

      (c) The status of the person's driving privilege in this state; and

      (d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.

      (2) Release of abstract of driving record.  An abstract of a person's driving record may be furnished to the following persons or entities:

      (a) Named individuals.  (i) An abstract of the full driving record maintained by the department may be furnished to the individual named in the abstract.

      (ii) Nothing in this section prevents a court from providing a copy of the driver's abstract to the individual named in the abstract, provided that the named individual has a pending or open infraction or criminal case in that court.  A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge.  An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections.  Courts may charge a reasonable fee for the production and copying of the abstract for the individual.

      (b) Employers or prospective employers.  (i) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.

      (ii) Release of an abstract of the driving record of an employee or prospective employee requires a statement signed by:  (A) The employee or prospective employee that authorizes the release of the record; and (B) the employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.  If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.

      (iii) Upon request of the person named in the abstract provided under this subsection, and upon that same person furnishing copies of court records ruling that the person was not at fault in a motor vehicle accident, the department must indicate on any abstract provided under this subsection that the person was not at fault in the motor vehicle accident.

      (c) Volunteer organizations.  (i) An abstract of the full driving record maintained by the department may be furnished to a volunteer organization or an agent for a volunteer organization for which the named individual has submitted an application for a position that would require driving by the individual at the direction of the volunteer organization.

      (ii) Release of an abstract of the driving record of a prospective volunteer requires a statement signed by:  (A) The prospective volunteer that authorizes the release of the record; and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization.  If the volunteer organization authorizes an agent to obtain this information on their behalf, this must be noted in the statement.

      (d) Transit authorities.  An abstract of the full driving record maintained by the department may be furnished to an employee or agent of a transit authority checking prospective volunteer vanpool drivers for insurance and risk management needs.

      (e) Insurance carriers.  (i) An abstract of the driving record maintained by the department covering the period of not more than the last three years may be furnished to an insurance company or its agent:

      (A) That has motor vehicle or life insurance in effect covering the named individual;

      (B) To which the named individual has applied; or

      (C) That has insurance in effect covering the employer or a prospective employer of the named individual.

      (ii) The abstract provided to the insurance company must:

      (A) Not contain any information related to actions committed by law enforcement officers or firefighters, as both terms are defined in RCW 41.26.030, or by Washington state patrol officers, while driving official vehicles in the performance of their occupational duty.  This does not apply to any situation where the vehicle was used in the commission of a misdemeanor or felony;

      (B) Include convictions under RCW 46.61.5249 and 46.61.525, except that the abstract must report the convictions only as negligent driving without reference to whether they are for first or second degree negligent driving; and

      (C) Exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract must show the deferred prosecution as well as the removal.

      (iii) Any policy of insurance may not be canceled, nonrenewed, denied, or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault.

      (iv) Any insurance company or its agent, for underwriting purposes relating to the operation of commercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment.  Any insurance company or its agent, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles.

      (v) The director may enter into a contractual agreement with an insurance company or its agent for the limited purpose of reviewing the driving records of existing policyholders for changes to the record during specified periods of time.  The department shall establish a fee for this service, which must be deposited in the highway safety fund.  The fee for this service must be set at a level that will not result in a net revenue loss to the state.  Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.

      (f) Alcohol/drug assessment or treatment agencies.  An abstract of the driving record maintained by the department covering the period of not more than the last five years may be furnished to an alcohol/drug assessment or treatment agency approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment, for purposes of assisting employees in making a determination as to what level of treatment, if any, is appropriate, except that the abstract must:

      (i) Also include records of alcohol-related offenses, as defined in RCW 46.01.260(2), covering a period of not more than the last ten years; and

      (ii) Indicate whether an alcohol-related offense was originally charged as a violation of either RCW 46.61.502 or 46.61.504.

      (g) City attorneys and county prosecuting attorneys.  An abstract of the full driving record maintained by the department, including whether a recorded violation is an alcohol-related offense, as defined in RCW 46.01.260(2), that was originally charged as a violation of either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys or county prosecuting attorneys.  City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment.

      (h) State colleges, universities, or agencies, or units of local government.  An abstract of the full driving record maintained by the department may be furnished to (i) state colleges, universities, or agencies for employment and risk management purposes or (ii) units of local government authorized to self-insure under RCW 48.62.031 for employment and risk management purposes.

      (i) Superintendent of public instruction.  An abstract of the full driving record maintained by the department may be furnished to the superintendent of public instruction for review of public school bus driver records.  The superintendent or superintendent's designee may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.

      (3) Release to third parties prohibited.  Any person or entity receiving an abstract of a person's driving record under subsection (2)(b) through (i) of this section shall use the abstract exclusively for his, her, or its own purposes or as otherwise expressly permitted under this section, and shall not divulge any information contained in the abstract to a third party.

      (4) Fee.  The director shall collect a ((ten)) thirteen dollar fee for each abstract of a person's driving record furnished by the department.  Fifty percent of the fee must be deposited in the highway safety fund, and fifty percent of the fee must be deposited according to RCW 46.68.038.

      (5) Violation.  (a) Any negligent violation of this section is a gross misdemeanor.

      (b) Any intentional violation of this section is a class C felony.

Sec. 10.  RCW 46.70.061 and 2002 c 352 s 23 are each amended to read as follows:

      (1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:

      (a) Vehicle dealers, principal place of business for each and every license classification:  ((Seven)) Nine hundred ((fifty)) seventy-five dollars;

      (b) Vehicle dealers, each subagency, and temporary subagency:  One hundred dollars;

      (c) Vehicle manufacturers:  Five hundred dollars.

      (2) The annual fee for renewal of any license issued pursuant to this chapter shall be:

      (a) Vehicle dealers, principal place of business for each and every license classification:  ((Two)) Three hundred ((fifty)) twenty-five dollars;

      (b) Vehicle dealer, each and every subagency:  Twenty-five dollars;

      (c) Vehicle manufacturers:  Two hundred fifty dollars.

If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.

      (3) The fee for the transfer to another location of any license classification issued pursuant to this chapter shall be twenty-five dollars.

      (4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for vehicle license plates exclusive of excise tax and gross weight and tonnage fees.

      (5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.

      (6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW.

Sec. 11.  RCW 46.70.180 and 2010 c 161 s 1136 are each amended to read as follows:

Each of the following acts or practices is unlawful:

      (1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:

      (a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;

      (b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;

      (c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;

      (d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;

      (e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.

      (2)(a)(i) To incorporate within the terms of any purchase and sale or lease agreement any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale.

      (ii) However, an amount not to exceed ((the applicable amount provided in (iii)(A) and (B) of this subsection (2)(a))) one hundred fifty dollars per vehicle sale or lease may be charged by a dealer to recover administrative costs for collecting motor vehicle excise taxes, licensing and registration fees and other agency fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests, and other administrative and documentary services rendered by a dealer in connection with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.

(((iii) A dealer may charge under (a)(ii) of this subsection:
      (A) As of July 26, 2009, through June 30, 2014, an amount not to exceed one hundred fifty dollars; and
      (B) As of July 1, 2014, an amount not to exceed fifty dollars.))

      (b) A dealer may charge the documentary service fee in (a) of this subsection under the following conditions:

      (i) The documentary service fee is disclosed in writing to a prospective purchaser or lessee before the execution of a purchase and sale or lease agreement;

      (ii) The dealer discloses to the purchaser or lessee in writing that the documentary service fee is a negotiable fee.  The disclosure must be written in a typeface that is at least as large as the typeface used in the standard text of the document that contains the disclosure and that is bold faced, capitalized, underlined, or otherwise set out from the surrounding material so as to be conspicuous.  The dealer shall not represent to the purchaser or lessee that the fee or charge is required by the state to be paid by either the dealer or prospective purchaser or lessee;

      (iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle and from any other taxes, fees, or charges; and

      (iv) Dealers disclose in any advertisement that a documentary service fee in an amount ((provided in (iv)(A) and (B) of this subsection (2)(b))) up to one hundred fifty dollars may be added to the sale price or the capitalized cost((:
      (A) As of July 26, 2009, through June 30, 2014, an amount up to one hundred fifty dollars; and
      (B) As of July 1, 2014, an amount up to fifty dollars)).

For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a dealer to provide the services specified in (a) of this subsection.

      3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold or leased to a person for a consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser or lessee being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.

      (4) To commit, allow, or ratify any act of "bushing" which is defined as follows:  Entering into a written contract, written purchase order or agreement, retail installment sales agreement, note and security agreement, or written lease agreement, hereinafter collectively referred to as contract or lease, signed by the prospective buyer or lessee of a vehicle, which:

(a) Is subject to any conditions or the dealer's or his or her authorized representative's future acceptance, and the dealer fails or refuses within four calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee to inform the buyer or lessee either:  (i) That the dealer unconditionally accepts the contract or lease, having satisfied, removed, or waived all conditions to acceptance or performance, including, but not limited to, financing, assignment, or lease approval; or (ii) that the dealer rejects the contract or lease, thereby automatically voiding the contract or lease, as long as such voiding does not negate commercially reasonable contract or lease provisions pertaining to the return of the subject vehicle and any physical damage, excessive mileage after the demand for return of the vehicle, and attorneys' fees authorized by law, and tenders the refund of any initial payment or security made or given by the buyer or lessee, including, but not limited to, any down payment, and tenders return of the trade-in vehicle, key, other trade-in, or certificate of title to a trade-in.  Tender may be conditioned on return of the subject vehicle if previously delivered to the buyer or lessee.

The provisions of this subsection (4)(a) do not impair, prejudice, or abrogate the rights of a dealer to assert a claim against the buyer or lessee for misrepresentation or breach of contract and to exercise all remedies available at law or in equity, including those under chapter 62A.9A RCW, if the dealer, bank, or other lender or leasing company discovers that approval of the contract or financing or approval of the lease was based upon material misrepresentations made by the buyer or lessee, including, but not limited to, misrepresentations regarding income, employment, or debt of the buyer or lessee, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation.  A dealer shall not be in violation of this subsection (4)(a) if the buyer or lessee made a material misrepresentation to the dealer, as long as the dealer, or his or her staff, has not, with knowledge of the material misrepresentation, aided, assisted, encouraged, or participated, directly or indirectly, in the misrepresentation.

When a dealer informs a buyer or lessee under this subsection (4)(a) regarding the unconditional acceptance or rejection of the contract, lease, or financing by an electronic mail message, the dealer must also transmit the communication by any additional means;

      (b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer or lessee as part of the purchase price or lease, for any reason except:

      (i) Failure to disclose that the vehicle's certificate of title has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.540 and 46.12.560; or

      (ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or

      (iii) Excessive additional miles or a discrepancy in the mileage.  "Excessive additional miles" means the addition of five hundred miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer.  "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or

      (c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.

      (5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570.  A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.

      (6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.

      (7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.

      (8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle.  However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:

      (a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;

      (b) The dealer has satisfied the lien; and

      (c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.

      (9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser or lessee prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesperson, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser or lessee has taken delivery of the bargained-for vehicle.  Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5).  Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice:  PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery.  For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.

      (10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.

      (11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.

      (12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.  In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:

      (a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;

      (b) Signing any vehicle purchase orders, sales contracts, leases, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, lease, or title; or

      (c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.

It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, lease, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection.  However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.

Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.

      (13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW.  This subsection also applies to leased vehicles.  In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that:  (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable.

      (14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.93 RCW, to:

      (a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer:  PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;

      (b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if:  (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith.  Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party:  PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith;

      (c) Encourage, aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;

      (d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;

      (e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or lease of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;

      (f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.

Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties.  This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.

      (15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.

      (16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended license impound under chapter 46.55 RCW.  However, compliance with chapter 62A.9A RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section.

      (17)(a) For a dealer to enter into a new motor vehicle sales contract without disclosing in writing to a buyer of the new motor vehicle, or to a dealer in the case of an unregistered motor vehicle, any known damage and repair to the new motor vehicle if the damage exceeds five percent of the manufacturer's suggested retail price as calculated at the dealer's authorized warranty rate for labor and parts, or one thousand dollars, whichever amount is greater.  A manufacturer or new motor vehicle dealer is not required to disclose to a dealer or buyer that glass, tires, bumpers, or cosmetic parts of a new motor vehicle were damaged at any time if the damaged item has been replaced with original or comparable equipment.  A replaced part is not part of the cumulative damage required to be disclosed under this subsection.

      (b) A manufacturer is required to provide the same disclosure to a dealer of any known damage or repair as required in (a) of this subsection.

      (c) If disclosure of any known damage or repair is not required under this section, a buyer may not revoke or rescind a sales contract due to the fact that the new motor vehicle was damaged and repaired before completion of the sale.

      (d) As used in this section:

      (i) "Cosmetic parts" means parts that are attached by and can be replaced in total through the use of screws, bolts, or other fasteners without the use of welding or thermal cutting, and includes windshields, bumpers, hoods, or trim panels.

      (ii) "Manufacturer's suggested retail price" means the retail price of the new motor vehicle suggested by the manufacturer, and includes the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle.

NEW SECTION.  Sec. 12.  A new section is added to chapter 46.68 RCW to read as follows:

The public transportation grant program account is created in the state treasury.  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used only for grants to aid transit authorities with operations.

NEW SECTION.  Sec. 13.  A new section is added to chapter 46.17 RCW to read as follows:

      (1) Before accepting an application for an annual vehicle registration renewal for an electric vehicle that uses propulsion units powered solely by electricity, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a one hundred dollar fee in addition to any other fees and taxes required by law.  The one hundred dollar fee is due only at the time of annual registration renewal.

      (2) This section only applies to:

      (a) A vehicle that is designed to have the capability to drive at a speed of more than thirty-five miles per hour; and

      (b) An annual vehicle registration renewal that is due on or after February 1, 2013.

      (3)(a) The fee under this section is imposed to provide funds to mitigate the impact of vehicles on state roads and highways and for the purpose of evaluating the feasibility of transitioning from a revenue collection system based on fuel taxes to a road user assessment system, and is separate and distinct from other vehicle license fees.  Proceeds from the fee must be used for highway purposes, and must be deposited in the motor vehicle fund created in RCW 46.68.070, subject to (b) of this subsection.

      (b) If in any year the amount of proceeds from the fee collected under this section exceeds one million dollars, the excess amount over one million dollars must be deposited as follows:

      (i) Seventy percent to the motor vehicle fund created in RCW 46.68.070; 

      (ii) Fifteen percent to the transportation improvement account created in RCW 47.26.084; and

      (iii) Fifteen percent to the rural arterial trust account created in RCW 36.79.020.

NEW SECTION.  Sec. 14.  Section 13 of this act expires on the effective date of legislation enacted by the legislature that imposes a vehicle miles traveled fee or tax.

NEW SECTION.  Sec. 15.  The department of licensing must provide written notice of the expiration date of section 13 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.

Sec. 16.  RCW 46.10.420 and 2010 c 161 s 231 are each amended to read as follows:

      (1) Each dealer of snowmobiles in this state shall obtain a snowmobile dealer license from the department in a manner prescribed by the department.  Upon receipt of an application for a snowmobile dealer's license and the fee provided in subsection (2) of this section, the dealer is licensed and a snowmobile dealer license number must be assigned.

      (2) The annual license fee for a snowmobile dealer is twenty-five dollars, which covers all of the snowmobiles offered by a dealer for sale and not rented on a regular, commercial basis.  Snowmobiles rented on a regular commercial basis by a snowmobile dealer must be registered separately under RCW 46.10.310, 46.10.400, 46.10.430, and 46.10.440.

      (3) Upon the issuance of a snowmobile dealer license, a snowmobile dealer may purchase, at a cost to be determined by the department, snowmobile dealer license plates of a size and color to be determined by the department.  The snowmobile dealer license plates must contain the snowmobile license number assigned to the dealer.  Each snowmobile operated by a dealer, dealer representative, or prospective customer for the purposes of demonstration or testing shall display snowmobile dealer license plates in a clearly visible manner.

      (4) Only a dealer, dealer representative, or prospective customer may display a snowmobile dealer plate, and only a dealer, dealer representative, or prospective customer may use a snowmobile dealer's license plate for the purposes described in subsection (3) of this section.

      (5) Snowmobile dealer licenses are nontransferable.

      (6) It is unlawful for any snowmobile dealer to sell a snowmobile at wholesale or retail, or to test or demonstrate any snowmobile, within the state, unless the dealer has a snowmobile dealer license as required under this section.

      (7) When a snowmobile is sold by a snowmobile dealer, the dealer:

      (a) Shall apply for licensing in the purchaser's name ((within fifteen days following the sale)) as provided by rules adopted by the department; and

      (b) May issue a temporary license as provided by rules adopted by the department.

Sec. 17.  RCW 46.12.675 and 2010 c 161 s 316 are each amended to read as follows:

      (1) A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of title is required is perfected only by:

      (a) Complying with the requirements of RCW 46.12.660 or this section;

      (b) Receipt by the department, county auditor or other agent, or subagent appointed by the director of:

      (i) The existing certificate of title, if any;

      (ii) An application for a certificate of title containing the name and address of the secured party; and

      (iii) Payment of the required fees.

      (2) A security interest is perfected when it is created if the secured party's name and address appear on the most recently issued certificate of title or, if not, it is created when the department, county auditor or other agent, or subagent appointed by the director receives the certificate of title or an application for a certificate of title and the fees required in subsection (1) of this section.

      (3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:

      (a) The security interest continues perfected in this state if the name of the secured party is shown on the existing certificate of title issued by that jurisdiction.  The name of the secured party must be shown on the certificate of title issued for the vehicle by this state.  The security interest continues perfected in this state when the department issues the certificate of title.

      (b) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state.  Perfection begins when the department receives the information and fees required in subsection (1) of this section.

      (4)(a) After a certificate of title has been issued, the registered owner or secured party must apply to the department, county auditor or other agent, or subagent appointed by the director for a new certificate of title when a security interest is granted on a vehicle.  Within ten days after creating a security agreement, the registered owner or secured party must submit:

      (i) An application for a certificate of title;

      (ii) The certificate of title last issued for the vehicle, or other documentation required by the department; and

      (iii) The fee required in RCW 46.17.100.

      (b) If satisfied that a certificate of title should be reissued, the department shall change the vehicle record and issue a new certificate of title to the secured party.

      (5) A secured party shall release the security interest when the conditions within the security agreement have been met and there is no further secured obligation.  The secured party must either:

      (a) Assign the certificate of title to the registered owner or the registered owner's designee and send the certificate of title to the department, county auditor or other agent, or subagent appointed by the director with the fee required in RCW 46.17.100; or

      (b) Assign the certificate of title to the person acquiring the vehicle from the registered owner with the registered owner's release of interest.

      (6) The department shall issue a new certificate of title to the registered owner when the department receives the release of interest and required fees as provided in subsection (5)(a) of this section.

      (7) A secured party is liable for one hundred dollars payable to the registered owner or person acquiring the vehicle from the registered owner when:

      (a) The secured party fails to either assign the certificate of title to the registered owner or to the person acquiring the vehicle from the registered owner or apply for a new certificate of title within ten days after proper demand; and

      (b) The failure of the secured party to act as described in (a) of this subsection results in a loss to the registered owner or person acquiring the vehicle from the registered owner.

Sec. 18.  RCW 46.16A.320 and 2010 c 161 s 425 are each amended to read as follows:

      (1)(a) A vehicle owner may operate an unregistered vehicle on public highways under the authority of a trip permit issued by this state.  For purposes of trip permits, a vehicle is considered unregistered if:

      (i) Under reciprocal relations with another jurisdiction, the owner would be required to register the vehicle in this state;

      (ii) Not registered when registration is required under this chapter;
      (iii) The license tabs have expired; or

      (((iii))) (iv) The current gross weight license is insufficient for the load being carried.  The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles or forty thousand pounds for a single unit vehicle with three or more axles.

      (b) Trip permits are required to move mobile homes or park model trailers and may only be issued if property taxes are paid in full.

      (2) Trip permits may not be:

      (a) Issued to vehicles registered under RCW 46.16A.455(5) in lieu of further registration within the same registration year; or

      (b) Used for commercial motor vehicles owned by a motor carrier subject to RCW 46.32.080 if the motor carrier's department of transportation number has been placed out of service by the Washington state patrol.  A violation of or a failure to comply with this subsection is a gross misdemeanor, subject to a minimum monetary penalty of two thousand five hundred dollars for the first violation and five thousand dollars for each subsequent violation.

      (3)(a) Each trip permit authorizes the operation of a single vehicle at the maximum legal weight limit for the vehicle for a period of three consecutive days beginning with the day of first use.  No more than three trip permits may be used for any one vehicle in any thirty consecutive day period.  No more than two trip permits may be used for any one recreational vehicle, as defined in RCW 43.22.335, in a one-year period.  Every trip permit must:

      (i) Identify the vehicle for which it is issued;

      (ii) Be completed in its entirety;

      (iii) Be signed by the operator before operation of the vehicle on the public highways of this state;

      (iv) Not be altered or corrected.  Altering or correcting data on the trip permit invalidates the trip permit; and

      (v) Be displayed on the vehicle for which it is issued as required by the department.

      (b) Vehicles operating under the authority of trip permits are subject to all laws, rules, and regulations affecting the operation of similar vehicles in this state.

      (4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of each permit for four years.

      (5) Trip permits may be obtained from field offices of the department of transportation, department of licensing, county auditors or other agents, and subagents appointed by the department for the fee provided in RCW 46.17.400(1)(h).  Exchanges, credits, or refunds may not be given for trip permits after they have been purchased.

      (6) Except as provided in subsection (2)(b) of this section, a violation of or a failure to comply with this section is a gross misdemeanor.

(7) The department may adopt rules necessary to administer this section.

Sec. 19.  RCW 88.02.640 and 2011 c 326 s 5, 2011 c 171 s 134, and 2011 c 169 s 1 are each reenacted and amended to read as follows:

      (1) In addition to any other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge the following vessel fees and surcharge:

 


FEE

AMOUNT

AUTHORITY

DISTRIBUTION

(a) Dealer temporary permit

$5.00

RCW 88.02.800(2)

General fund

(b) Derelict vessel and

invasive species removal

Subsection (3) of this

section

Subsection (3) of this

section

Subsection (3) of this

section

(c) Derelict vessel removal

surcharge

$1.00

Subsection (4) of this

section

Subsection (4) of this

section

(d) Duplicate certificate of
title

$1.25

RCW 88.02.530(1)(c)

General fund

(e) Duplicate registration

$1.25

RCW 88.02.590(1)(c)

General fund

(((e))) (f) Filing

RCW 46.17.005

RCW ((46.17.005))

88.02.560(2)

RCW 46.68.400

(((f))) (g) License plate

technology

RCW 46.17.015

RCW ((46.17.015))

88.02.560(2)

RCW 46.68.370

(((g))) (h) License service

RCW 46.17.025

RCW ((46.17.025))

88.02.560(2)

RCW 46.68.220

(((h))) (i) Nonresident

vessel permit

$25.00

RCW 88.02.620(3)

Subsection (5) of this

section

(((i))) (j) Quick title service

$50.00

RCW 88.02.540(3)

Subsection (7) of this

section

(((j))) (k) Registration

$10.50

RCW 88.02.560(2)

RCW 88.02.650

(((k))) (l) Replacement

decal

$1.25

RCW 88.02.595(1)(c)

General fund

(((l))) (m) Title application

$5.00

RCW 88.02.515

General fund

(((m))) (n) Transfer

$1.00

RCW 88.02.560(7)

General fund

(((n))) (o) Vessel visitor

permit

$30.00

RCW 88.02.610(3)

Subsection (6) of this

section

 


      (2) The five dollar dealer temporary permit fee required in subsection (1) of this section must be credited to the payment of registration fees at the time application for registration is made.

      (3)(a) The derelict vessel and invasive species removal fee required in subsection (1) of this section is five dollars and must be distributed as follows:

      (i) One dollar and fifty cents must be deposited in the aquatic invasive species prevention account created in RCW 77.12.879;

      (ii) One dollar must be deposited into the aquatic algae control account created in RCW 43.21A.667;

      (iii) Fifty cents must be deposited into the aquatic invasive species enforcement account created in RCW 43.43.400; and

      (iv) Two dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100.

      (b) If the department of natural resources indicates that the balance of the derelict vessel removal account, not including any transfer or appropriation of funds into the account or funds deposited into the account collected under subsection (5) of this section reaches one million dollars as of March 1st of any year, the collection of the two dollars of the derelict vessel and invasive species removal fee that is deposited into the derelict vessel removal account as authorized in (a)(iv) of this subsection must be suspended for the following fiscal year.

      (4) Until January 1, 2014, an annual derelict vessel removal surcharge of one dollar must be charged with each vessel registration.  The surcharge:

      (a) Is to address the significant backlog of derelict vessels accumulated in Washington state waters that pose a threat to the health and safety of the people and to the environment;

      (b) Is to be used only for the removal of vessels that are less than seventy-five feet in length; and

      (c) Must be deposited into the derelict vessel removal account created in RCW 79.100.100.

      (5) The twenty-five dollar nonresident vessel permit fee must be paid by the vessel owner to the department for the cost of providing the identification document by the department.  Any moneys remaining from the fee after the payment of costs must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.650.

      (6) The thirty dollar vessel visitor permit fee must be distributed as follows:

      (a) Five dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100;

      (b) The department may keep an amount to cover costs for providing the vessel visitor permit;

      (c) Any moneys remaining must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.650; and

      (d) Any fees required for licensing agents under RCW 46.17.005 are in addition to any other fee or tax due for the titling and registration of vessels.

      (7)(a) The fifty dollar quick title service fee must be distributed as follows:

      (i) If the fee is paid to the director, the fee must be deposited to the general fund.

      (ii) If the fee is paid to the participating county auditor or other agent or subagent appointed by the director, twenty-five dollars must be deposited to the general fund.  The remainder must be retained by the county treasurer in the same manner as other fees collected by the county auditor.

      (b) For the purposes of this subsection, "quick title" has the same meaning as in RCW 88.02.540.

NEW SECTION.  Sec. 20.  Section 4 of this act applies to vehicle registrations that are due or become due on or after October 1, 2012.

NEW SECTION.  Sec. 21.  Sections 1 through 15 of this act take effect October 1, 2012.

NEW SECTION.  Sec. 22.  Section 12 of this act expires July 1, 2015."

On page 1, line 1 of the title, after "revenue;" strike the remainder of the title and insert "amending RCW 46.17.100, 46.17.140, 46.17.200, 46.17.375, 46.68.170, 79A.05.215, 46.20.293, 46.29.050, 46.52.130, 46.70.061, 46.70.180, 46.10.420, 46.12.675, and 46.16A.320; reenacting and amending RCW 88.02.640; adding a new section to chapter 46.68 RCW; adding a new section to chapter 46.17 RCW; creating new sections; providing an effective date; providing an expiration date; and providing a contingent expiration date."

And the bill do pass as recommended by the conference committee.

Signed by Senators Eide, Haugen and King; Representatives Armstrong, Clibborn and Liias.

 

MOTION

 

Senator Haugen moved that the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6455 be adopted.

 

POINT OF ORDER

 

Senator Padden:  “Specifically in sections 4, 5 and 6 of the conference committee striker includes an RV surcharge for the funding of Start parks, it was an Engrossed Second Substitute House Bill No. 2373. There are at least three grounds of objections for the point of order: one is scope and object; two is not within the scope and object of the bill pursuant to Article II Section 19 of the state constitution; and three I would ask for a ruling on 1053 that this is a tax since there’s really is not a nexus between the fees and RVs owners using parks. It’s estimated that only twenty percent of the RVs actually use the state park system. The language makes one hundred percent pay for the benefit of the small minority. There simply is not the nexus necessary to establish this as a fee.”

 

Senator Haugen spoke against the point of order.

 

POINT OF ORDER

 

Senator Benton:  “Thank you Mr. President, I to rise to a point of order on this bill and ask the same question except in terms of reference to a different section of the bill. A portion of this bill raises abstract fees for the Department of Licensing. This narrow fee increase is intended to fund relatively broad swaths of state government and is absolutely unrelated to the fee transaction. That is the increase has no bearing on the increase on cost borne by the department to gather, store and sell the date. As a matter of fact neither…”

 

REMARKS BY THE PRESIDENT

 

President Owen:  “Senator Benton, you’re making arguments. Just raise your point of order please. Then arguments following…”

 

Senator Benton: “I’ll withdraw my objection.”

 

REPLY BY THE PRESIDENT

 

President Owen:  “But your point of order is? As to the number of votes or the scope and object?”

 

Senator Benton: “Yeah, concerning Initiative 1053. My point of order is to the question, how many votes will it take to pass this bill? I believe it requires a two-thirds vote Mr. president.”

 

President Owen: “Senator Benton, rises to the point of order as to the number of votes necessary to pass based on the stated section of the bill. Senator Benton, please restate the section.

 

Senator Benton: “Thank you, as to the abstract fee increases section of the bill. As a matter of fact, the Department of Licensing did not request the legislation to increase this fee, either in 2007 or this year, and the bill freely admits that the dollars raised go towards other things. Based on that, I believe Mr. President that this is in fact a tax not a fee and should require a two-thirds vote of the senate for passage.”

 

Senator Haugen spoke against the point of order.

 

MOTION

 

On motion of Senator Eide, further consideration of Engrossed Substitute Senate Bill No. 6455 was deferred and the bill held its place on the conference calendar.

 

Senator Prentice assumed the chair.

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED SENATE BILL NO. 5159,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5188,

SUBSTITUTE SENATE BILL NO. 5217,

SUBSTITUTE SENATE BILL NO. 5246,

SECOND SUBSTITUTE SENATE BILL NO. 5343,

ENGROSSED SENATE BILL NO. 5661,

SUBSTITUTE SENATE BILL NO. 5982,

SUBSTITUTE SENATE BILL NO. 5995,

SUBSTITUTE SENATE BILL NO. 5997,

SUBSTITUTE SENATE BILL NO. 6041,

SUBSTITUTE SENATE BILL NO. 6044,

SUBSTITUTE SENATE BILL NO. 6081,

SENATE BILL NO. 6082,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6103,

SUBSTITUTE SENATE BILL NO. 6105,

SUBSTITUTE SENATE BILL NO. 6116,

SENATE BILL NO. 6134,

SUBSTITUTE SENATE BILL NO. 6138,

SECOND SUBSTITUTE SENATE BILL NO. 6140,

ENGROSSED SENATE BILL NO. 6155,

ENGROSSED SENATE BILL NO. 6215,

SENATE BILL NO. 6223,

SUBSTITUTE SENATE BILL NO. 6226,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6237,

SUBSTITUTE SENATE BILL NO. 6240,

SUBSTITUTE SENATE BILL NO. 6242,

SUBSTITUTE SENATE BILL NO. 6253,

ENGROSSED SENATE BILL NO. 6254,

SENATE BILL NO. 6256,

ENGROSSED SENATE BILL NO. 6257,

SECOND SUBSTITUTE SENATE BILL NO. 6263,

SUBSTITUTE SENATE BILL NO. 6328,

SUBSTITUTE SENATE BILL NO. 6354,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6355,

SUBSTITUTE SENATE BILL NO. 6359,

SUBSTITUTE SENATE BILL NO. 6384,

SUBSTITUTE SENATE BILL NO. 6386,

SUBSTITUTE SENATE BILL NO. 6403,

SENATE BILL NO. 6412,

SUBSTITUTE SENATE BILL NO. 6414,

SUBSTITUTE SENATE BILL NO. 6444,

SUBSTITUTE SENATE BILL NO. 6468,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6486,

SUBSTITUTE SENATE BILL NO. 6493,

SUBSTITUTE SENATE BILL NO. 6508,

SENATE BILL NO. 6545,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6555,

SUBSTITUTE SENATE BILL NO. 6581,

ENGROSSED SENATE BILL NO. 6608,

SENATE JOINT RESOLUTION NO. 8223.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1057,

SUBSTITUTE HOUSE BILL NO. 1552,

SUBSTITUTE HOUSE BILL NO. 1559,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1627,

ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 1860,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1983,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2048,

SUBSTITUTE HOUSE BILL NO. 2177,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2197,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2233,

SUBSTITUTE HOUSE BILL NO. 2252,

SUBSTITUTE HOUSE BILL NO. 2254,

SUBSTITUTE HOUSE BILL NO. 2261,

SUBSTITUTE HOUSE BILL NO. 2263,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2264,

HOUSE BILL NO. 2308,

SUBSTITUTE HOUSE BILL NO. 2313,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2314,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319,

SUBSTITUTE HOUSE BILL NO. 2326,

HOUSE BILL NO. 2329,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2337,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2347,

SUBSTITUTE HOUSE BILL NO. 2349,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2361,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2363,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2373,

SECOND SUBSTITUTE HOUSE BILL NO. 2452,

HOUSE BILL NO. 2482,

HOUSE BILL NO. 2485,

HOUSE BILL NO. 2499,

HOUSE BILL NO. 2535,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2567,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2570,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2582,

THIRD SUBSTITUTE HOUSE BILL NO. 2585,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2586,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2614,

SUBSTITUTE HOUSE BILL NO. 2617,

ENGROSSED HOUSE BILL NO. 2620,

SUBSTITUTE HOUSE BILL NO. 2640,

SUBSTITUTE HOUSE BILL NO. 2673,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2692,

ENGROSSED HOUSE BILL NO. 2771,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2799.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House receded from its amendment to SUBSTITUTE SENATE BILL NO. 6494 and passed the bill without the House amendment.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House concurred in the Senate amendment to ENGROSSED HOUSE BILL NO. 1398 and passed the bill as amended by the Senate.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House has passed: 

SENATE BILL NO. 6159,

SUBSTITUTE SENATE BILL NO. 6600,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House has passed SUBSTITUTE HOUSE BILL NO. 2357.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

SUPPLEMENTAL INTRODUCTION AND FIRST READING

OF HOUSE BILLS

 

SHB 2139          by House Committee on Ways & Means (originally sponsored by Representatives Cody and Hunter)

 

AN ACT Relating to the establishment of new regional support network boundaries; and amending RCW 71.24.360.

 

SHB 2357          by House Committee on Ways & Means (originally sponsored by Representatives Darneille, Kirby, Ladenburg, Green, Jinkins, Kagi and Tharinger)

 

AN ACT Relating to sales and use tax for chemical dependency, mental health treatment, and therapeutic courts; and amending RCW 82.14.460.

 

MOTION

 

On motion of Senator Eide, the rules were suspended and without objection Substitute House Bill No. 2139 and Substitute House Bill No. 2357 were placed on the second reading calendar.

 

MOTION

 

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

 

SECOND READING

 

SUBSTITUTE HOUSE BILL NO. 2149, by House Committee on Ways & Means (originally sponsored by Representatives Eddy and Kenney)

 

Concerning personal property tax assessment administration, authorizing waiver of penalties and interest under specified circumstances.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Murray, the rules were suspended, Substitute House Bill No. 2149 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Murray spoke in favor of passage of the bill.

 

The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 2149.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2149 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

SUBSTITUTE HOUSE BILL NO. 2149, 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. 2443, by House Committee on Transportation (originally sponsored by Representatives Goodman, Pedersen, Hurst, Kelley, Blake, Fitzgibbon, Ormsby, Hasegawa and Miloscia)

 

Increasing accountability of persons who drive impaired.

 

The measure was read the second time.

 

MOTION

 

Senator Kline 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:

"Sec. 1.  RCW 2.28.175 and 2011 c 293 s 10 are each amended to read as follows:

      (1) Counties may establish and operate DUI courts.  Municipalities may enter into cooperative agreements with counties that have DUI courts to provide DUI court services.

      (2) For the purposes of this section, "DUI court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism of impaired driving among nonviolent, alcohol abusing offenders, whether adult or juvenile, by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic testing for alcohol use and, if applicable, drug use; and the use of appropriate sanctions and other rehabilitation services.

      (3)(a) Any jurisdiction that seeks a state appropriation to fund a DUI court program must first:

      (i) Exhaust all federal funding that is available to support the operations of its DUI court and associated services; and

      (ii) Match, on a dollar-for-dollar basis, state moneys allocated for DUI court programs with local cash or in-kind resources.  Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for DUI court operations and associated services.  However, until June 30, 2014, no match is required for state moneys expended for the administrative and overhead costs associated with the operation of a DUI court established as of January 1, 2011.

      (b) Any ((county)) jurisdiction that establishes a DUI court pursuant to this section shall establish minimum requirements for the participation of offenders in the program.  The DUI court may adopt local requirements that are more stringent than the minimum.  The minimum requirements are:

      (i) The offender would benefit from alcohol treatment;

      (ii) The offender has not previously been convicted of a serious violent offense or sex offense as defined in RCW 9.94A.030, vehicular homicide under RCW 46.61.520, vehicular assault under RCW 46.61.522, or an equivalent out-of-state offense; and

      (iii) Without regard to whether proof of any of these elements is required to convict, the offender is not currently charged with or convicted of an offense:

      (A) That is a sex offense;

      (B) That is a serious violent offense;

      (C) That is vehicular homicide or vehicular assault;

      (D) During which the defendant used a firearm; or

      (E) During which the defendant caused substantial or great bodily harm or death to another person.

Sec. 2.  RCW 9.94A.475 and 2002 c 290 s 15 are each amended to read as follows:

Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves:

      (1) Any violent offense as defined in this chapter;

      (2) Any most serious offense as defined in this chapter;

      (3) Any felony with a deadly weapon special verdict under RCW ((9.94A.602)) 9.94A.825;

      (4) Any felony with any deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both; ((and/or))

      (5) The felony crimes of possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony; or
      (6) The felony crime of driving a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.502, and felony physical control of a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.504.

Sec. 3.  RCW 9.94A.640 and 2006 c 73 s 8 are each amended to read as follows:

      (1) Every offender who has been discharged under RCW 9.94A.637 may apply to the sentencing court for a vacation of the offender's record of conviction.  If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by:  (a) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (b) if the offender has been convicted after a plea of not guilty, by the court setting aside the verdict of guilty; and (c) by the court dismissing the information or indictment against the offender.

      (2) An offender may not have the record of conviction cleared if:  (a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a crime against persons as defined in RCW 43.43.830; (d) the offender has been convicted of a new crime in this state, another state, or federal court since the date of the offender's discharge under RCW 9.94A.637; (e) the offense is a class B felony and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.637; (f) the offense was a class C felony, other than a class C felony described in RCW 46.61.502(6) or 46.61.504(6), and less than five years have passed since the date the applicant was discharged under RCW 9.94A.637; or (g) the offense was a class C felony described in RCW 46.61.502(6) or 46.61.504(6) ((and less than ten years have passed since the applicant was discharged under RCW 9.94A.637)).

      (3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense.  For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime.  Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.

Sec. 4.  RCW 9.95.210 and 2011 1st sp.s. c 40 s 7 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection in granting probation, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.

      (b) For a defendant sentenced under RCW 46.61.5055, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension continue upon such conditions and for such time as the court shall designate, not to exceed five years.  The court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms, including installment payment of fines.  A defendant who has been sentenced, and who then fails to appear for any hearing to address the defendant's compliance with the terms of probation when ordered to do so by the court shall have the term of probation tolled until such time as the defendant makes his or her presence known to the court on the record.  Any time before entering an order terminating probation, the court may modify or revoke its order suspending the imposition or execution of the sentence if the defendant violates or fails to carry out any of the conditions of the suspended sentence.

      (2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs.  As a condition of probation, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035.  The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary:  (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

      (3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW.  If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order.  Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order.

      (4) In granting probation, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary.  If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county.  In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.

      (5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made.  If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period.  The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation.  For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.

      (6) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to sentences imposed under this section.

Sec. 5.  RCW 9.96.060 and 2001 c 140 s 1 are each amended to read as follows:

      (1) Every person convicted of a misdemeanor or gross misdemeanor offense who has completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense may apply to the sentencing court for a vacation of the applicant's record of conviction for the offense.  If the court finds the applicant meets the tests prescribed in subsection (2) of this section, the court may in its discretion vacate the record of conviction by:  (a)(i) Permitting the applicant to withdraw the applicant's plea of guilty and to enter a plea of not guilty; or (ii) if the applicant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information, indictment, complaint, or citation against the applicant and vacating the judgment and sentence.

      (2) An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present:

      a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court;

      (b) The offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense;

      (c) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), ((or)) 9.91.020 (operating a railroad, etc. while intoxicated), or the offense is considered a "prior offense" under RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug violation within ten years of the date of arrest for the prior offense;

      (d) The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW (obscenity and pornography), chapter 9.68A RCW (sexual exploitation of children), or chapter 9A.44 RCW (sex offenses);

      (e) The applicant was convicted of a misdemeanor or gross misdemeanor offense as defined in RCW 10.99.020, or the court determines after a review of the court file that the offense was committed by one family member or household member against another, or the court, after considering the damage to person or property that resulted in the conviction, any prior convictions for crimes defined in RCW 10.99.020, or for comparable offenses in another state or in federal court, and the totality of the records under review by the court regarding the conviction being considered for vacation, determines that the offense involved domestic violence, and any one of the following factors exist:

      (i) The applicant has not provided written notification of the vacation petition to the prosecuting attorney's office that prosecuted the offense for which vacation is sought, or has not provided that notification to the court;

      (ii) The applicant has previously had a conviction for domestic violence.  For purposes of this subsection, however, if the current application is for more than one conviction that arose out of a single incident, none of those convictions counts as a previous conviction;

      (iii) The applicant has signed an affidavit under penalty of perjury affirming that the applicant has not previously had a conviction for a domestic violence offense, and a criminal history check reveals that the applicant has had such a conviction; or

      (iv) Less than five years have elapsed since the person completed the terms of the original conditions of the sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing;

      (f) For any offense other than those described in (e) of this subsection, less than three years have passed since the person completed the terms of the sentence, including any financial obligations;

      (g) The offender has been convicted of a new crime in this state, another state, or federal court since the date of conviction;

      (h) The applicant has ever had the record of another conviction vacated; or

      (i) The applicant is currently restrained, or has been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an antiharassment order, or a civil restraining order which restrains one party from contacting the other party.

      (3) Once the court vacates a record of conviction under subsection (1) of this section, the person shall be released from all penalties and disabilities resulting from the offense and the fact that the person has been convicted of the offense shall not be included in the person's criminal history for purposes of determining a sentence in any subsequent conviction.  For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated under subsection (1) of this section may state that he or she has never been convicted of that crime.  Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.

      (4) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought.

      (5) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction.  The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation.  A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.

Sec. 6.  RCW 38.52.430 and 1993 c 251 s 2 are each amended to read as follows:

A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (1) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (2) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (3) use of a vessel while under the influence of alcohol or drugs, RCW ((88.12.100)) 79A.60.040; (4) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (5) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), is liable for the expense of an emergency response by a public agency to the incident.

The expense of an emergency response is a charge against the person liable for expenses under this section.  The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.  Following a conviction of an offense listed in this section, and prior to sentencing, the prosecution may present to the court information setting forth the expenses incurred by the public agency for its emergency response to the incident.  Upon a finding by the court that the expenses are reasonable, the court shall order the defendant to reimburse the public agency.  The cost reimbursement shall be included in the sentencing order as an additional monetary obligation of the defendant and may not be substituted for any other fine or cost required or allowed by statute.  The court may establish a payment schedule for the payment of the cost reimbursement, separate from any payment schedule imposed for other fines and costs.

In no event shall a person's liability under this section for the expense of an emergency response exceed ((one)) two thousand five hundred dollars for a particular incident.

If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum of the claims exceeds the amount recovered, the division of the amount recovered shall be determined by an interlocal agreement consistent with the requirements of chapter 39.34 RCW.

Sec. 7.  RCW 46.20.308 and 2008 c 282 s 2 are each amended to read as follows:

      (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.  Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood.

      (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one.  However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5).  The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506.  The officer shall warn the driver, in substantially the following language, that:

      (a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and

      (b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and

      (c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if the driver is age twenty-one or over and the test indicates the alcohol concentration of the driver's breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of the driver's breath or blood is 0.02 or more, or if the driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and

      (d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.

      (3) Except as provided in this section, the test administered shall be of the breath only.  If an individual is unconscious or is under arrest for the crime of felony driving under the influence of intoxicating liquor or drugs under RCW 46.61.502(6), felony physical control of a motor vehicle while under the influence of intoxicating liquor or any drug under RCW 46.61.504(6), vehicular homicide as provided in RCW 46.61.520, or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.

      (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

      (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

      (6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more if the person is age twenty-one or over, or 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:

      (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (7) of this section;

      (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section and that the person waives the right to a hearing if he or she receives an ignition interlock driver's license;

      (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;

      (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.  No temporary license is valid to any greater degree than the license or permit that it replaces; and

      (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:

      (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;

      (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and

      (iii) Any other information that the director may require by rule.

      (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

      (8) A person receiving notification under subsection (6)(b) of this section may, within twenty days after the notice has been given, request in writing a formal hearing before the department.  The person shall pay a fee of two hundred dollars as part of the request.  If the request is mailed, it must be postmarked within twenty days after receipt of the notification.  Upon timely receipt of such a request for a formal hearing, including receipt of the required two hundred dollar fee, the department shall afford the person an opportunity for a hearing.  The department may waive the required two hundred dollar fee if the person is an indigent as defined in RCW 10.101.010.  Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332.  The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.  The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing.  For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person was age twenty-one or over at the time of the arrest, or 0.02 or more if the person was under the age of twenty-one at the time of the arrest.  The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.

A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses.  The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court.  The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation.  The person may be represented by counsel, may question witnesses, may present evidence, and may testify.  The department shall order that the suspension, revocation, or denial either be rescinded or sustained.

      (9) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction.  Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived.  Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing.  The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer.  The filing of the appeal does not stay the effective date of the suspension, revocation, or denial.  A petition filed under this subsection must include the petitioner's grounds for requesting review.  Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible.  The review must be limited to a determination of whether the department has committed any errors of law.  The superior court shall accept those factual determinations supported by substantial evidence in the record:  (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department.  The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings.  The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case.  The court shall state the reasons for the decision.  If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.  If the court stays the suspension, revocation, or denial it may impose conditions on such stay.

      (10)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (7) of this section, other than as a result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution.  The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter.  If the court stays the suspension, revocation, or denial, it may impose conditions on such stay.  If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay.  If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

      (b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based.  If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated.  If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.

      (c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.

      (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.

Sec. 8.  RCW 46.20.385 and 2011 c 293 s 1 are each amended to read as follows:

      (1)(a) Beginning January 1, 2009, any person licensed under this chapter who is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance, or a violation of RCW 46.61.520(1)(a) or 46.61.522(1)(b), or who has had or will have his or her license suspended, revoked, or denied under RCW 46.20.3101, or who is otherwise permitted under subsection (8) of this section, may submit to the department an application for an ignition interlock driver's license.  The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver's license.

      (b) A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308 or after his or her license is suspended, revoked, or denied.  A person receiving an ignition interlock driver's license waives his or her right to a hearing or appeal under RCW 46.20.308.

      (c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person.

      (i) The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, revocation, or denial.  The installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours.  The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours.  However, when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment, the employer exemption does not apply.

      (ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver's license granted upon a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.

      (iii) The time period during which the person is licensed under this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is required under RCW 46.20.720 and 46.61.5055.  Beginning with incidents occurring on or after September 1, 2011, when calculating the period of time for the restriction under RCW 46.20.720(3), the department must also give the person a day-for-day credit for the time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates.  For the purposes of this subsection (1)(c)(iii), the term "all vehicles" does not include vehicles that would be subject to the employer exception under RCW 46.20.720(3).

      (2) An applicant for an ignition interlock driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.

      (3) Upon receipt of evidence that a holder of an ignition interlock driver's license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver's license shall be canceled.  If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed.  If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver's license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.

      (4) A person aggrieved by the decision of the department on the application for an ignition interlock driver's license may request a hearing as provided by rule of the department.

      (5) The director shall cancel an ignition interlock driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license.  The department must give notice of the cancellation as provided under RCW 46.20.245.  A person whose ignition interlock driver's license has been canceled under this section may reapply for a new ignition interlock driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.

      (6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of twenty dollars per month.  Payments shall be made directly to the ignition interlock company.  The company shall remit the additional twenty dollar fee to the department.

      (b) The department shall deposit the proceeds of the twenty dollar fee into the ignition interlock device revolving account.  Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program.  The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.

      (7) The department shall adopt rules to implement ignition interlock licensing.  The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.

      (8)(a) Any person licensed under this chapter who is convicted of a violation of RCW 46.61.500 when the charge was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, may submit to the department an application for an ignition interlock driver's license under this section.
      (b) A person who does not have any driver's license under this chapter, but who would otherwise be eligible under this section to apply for an ignition interlock license, may submit to the department an application for an ignition interlock license.  The department may require the person to take any driver's licensing examination under chapter 46.20 RCW and may require the person to also apply and qualify for a temporary restricted driver's license under RCW 46.20.391.

Sec. 9.  RCW 46.20.720 and 2011 c 293 s 6 are each amended to read as follows:

      (1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock.  The court shall establish a specific calibration setting at which the interlock will prevent the vehicle from being started.  The court shall also establish the period of time for which interlock use will be required.

      (2) Under RCW 46.61.5055 and subject to the exceptions listed in that statute, the court shall order any person convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to ((apply for an ignition interlock driver's license from the department under RCW 46.20.385 and to have)) comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person.  The court shall order any person participating in a deferred prosecution program under RCW 10.05.020 for a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to have a functioning ignition interlock device installed on all motor vehicles operated by the person.

      (3) The department shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance.  The department shall require that a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of a violation of RCW 46.61.5249 or 46.61.500 and is required under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an ignition interlock device on all vehicles operated by the person.

The department may waive the requirement for the use of such a device if it concludes that such devices are not reasonably available in the local area.  The installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours.  The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours.  However, when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment, the employer exemption does not apply.

The ignition interlock device shall be calibrated to prevent the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more.  Subject to the provisions of subsections (4) and (5) of this section, the period of time of the restriction will be no less than:

      (a) For a person who has not previously been restricted under this section, a period of one year;

      (b) For a person who has previously been restricted under (a) of this subsection, a period of five years;

      (c) For a person who has previously been restricted under (b) of this subsection, a period of ten years.

      (4) A restriction imposed under subsection (3) of this section shall remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying that there have been none of the following incidents in the four consecutive months prior to the date of release:

      (a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;

      (b) Failure to take or pass any required retest; or

      (c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

      (5) For a person required to install an ignition interlock device pursuant to RCW 46.61.5249(4) or 46.61.500(3), the period of time of the restriction shall be for six months and shall be subject to subsection (4) of this section.

      (6) In addition to any other costs associated with the use of an ignition interlock device imposed on the person restricted under this section, the person shall pay an additional fee of twenty dollars per month.  Payments must be made directly to the ignition interlock company.  The company shall remit the additional twenty dollar fee to the department to be deposited into the ignition interlock device revolving account.

Sec. 10.  RCW 46.20.745 and 2008 c 282 s 10 are each amended to read as follows:

      (1) The ignition interlock device revolving account program is created within the department to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable licensing, for indigent persons who are required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person.  For purposes of this subsection, "indigent" has the same meaning as in RCW 10.101.010, as determined by the department.

      (2) A pilot program is created within the ignition interlock device revolving account program for the purpose of monitoring compliance by persons required to use ignition interlock devices and by ignition interlock companies and vendors.

      (3) The department, the state patrol, and the Washington traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.

      (4) At a minimum, the compliance pilot program shall:

      (a) Review the number of ignition interlock devices that are required to be installed in the targeted county and the number of ignition interlock devices actually installed;

      (b) Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly violating ignition interlock requirements; and

      (c) Identify ways to track compliance and reduce noncompliance.

      (5) As part of monitoring compliance, the Washington traffic safety commission shall also track recidivism for violations of RCW 46.61.502 and 46.61.504 by persons required to have an ignition interlock driver's license under RCW 46.20.385 and 46.20.720.

Sec. 11.  RCW 46.61.500 and 2011 c 293 s 4 and 2011 c 96 s 34 are each reenacted and amended to read as follows:

      (1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.  Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to three hundred sixty- four days and by a fine of not more than five thousand dollars.

      (2)(a) Subject to (b) of this subsection, the license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

      (b) When a reckless driving conviction is a result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, the department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under an administrative action arising out of the same incident.  During any period of suspension, revocation, or denial due to a conviction for reckless driving as the result of a charge originally filed as a violation of RCW 46.61.502 or 46.61.504, any person who has obtained an ignition interlock driver's license under RCW 46.20.385 may continue to drive a motor vehicle pursuant to the provision of the ignition interlock driver's license without obtaining a separate temporary restricted driver's license under RCW 46.20.391.

      (3)(a) Except as provided under (b) of this subsection, a person convicted of reckless driving who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.

      (b) A person convicted of reckless driving shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug.

Sec. 12.  RCW 46.61.5055 and 2011 c 293 s 7 and 2011 c 96 s 35 are each reenacted and amended to read as follows:

      (1) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within seven years shall be punished as follows:

      (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than one day nor more than three hundred sixty-four days.  Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.  In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring.  The offender shall pay the cost of electronic home monitoring.  The county or municipality in which the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

      (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars.  Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; or

      (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than two days nor more than three hundred sixty-four days.  Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.  In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring.  The offender shall pay the cost of electronic home monitoring.  The county or municipality in which the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

      (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars.  Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent.

      (2) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows:

      (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than thirty days nor more than three hundred sixty-four days and sixty days of electronic home monitoring.  In lieu of the mandatory minimum term of sixty days electronic home monitoring, the  court may order at least an additional four days in jail.  The offender shall pay for the cost of the electronic monitoring.  The county or municipality where the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.  Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars.  Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; or

      (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than forty-five days nor more than three hundred sixty-four days and ninety days of electronic home monitoring.  In lieu of the mandatory minimum term of ninety days electronic home monitoring, the court may order at least an additional six days in jail.  The offender shall pay for the cost of the electronic monitoring.  The county or municipality where the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.  Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars.  Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent.

      (3) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or three prior offenses within seven years shall be punished as follows:

      (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than ninety days nor more than three hundred sixty-four days and one hundred twenty days of electronic home monitoring.  In lieu of the mandatory minimum term of one hundred twenty days of electronic home monitoring, the court may order at least an additional eight days in jail.  The offender shall pay for the cost of the electronic monitoring.  The county or municipality where the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.  Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars.  One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; or

      (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) By imprisonment for not less than one hundred twenty days nor more than three hundred sixty-four days and one hundred fifty days of electronic home monitoring.  In lieu of the mandatory minimum term of one hundred fifty days of electronic home monitoring, the court may order at least an additional ten days in jail.  The offender shall pay for the cost of the electronic monitoring.  The county or municipality where the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.  One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

      (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars.  One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent.

      (4) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished under chapter 9.94A RCW if:

      (a) The person has four or more prior offenses within ten years; or

      (b) The person has ever previously been convicted of:

      (i) A violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

      (ii) A violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

      (iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or

      (iv) A violation of RCW 46.61.502(6) or 46.61.504(6).

      (5)(a) The court shall require any person convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to ((apply for an ignition interlock driver's license from the department and to have)) comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person.

      (b) ((The installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours.  The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours.
      (c) An ignition interlock device imposed under this section shall be calibrated to prevent a motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more.
      (d) The court may waive the requirement that a person apply for an ignition interlock driver's license if the court makes a specific finding in writing that:
      (i) The person lives out-of-state and the devices are not reasonably available in the person's local area;
      (ii) The person does not operate a vehicle; or
      (iii) The person is not eligible to receive an ignition interlock driver's license under RCW 46.20.385 because the person is not a resident of Washington, is a habitual traffic offender, has already applied for or is already in possession of an ignition interlock driver's license, has never had a driver's license, has been certified under chapter 74.20A RCW as noncompliant with a child support order, or is subject to any other condition or circumstance that makes the person ineligible to obtain an ignition interlock driver's license.
      (e) If a court finds that a person is not eligible to receive an ignition interlock driver's license under this section, the court is not required to make any further subsequent inquiry or determination as to the person's eligibility.
      (f))) If the court orders that a person refrain from consuming any alcohol ((and requires the person to apply for an ignition interlock driver's license, and the person states that he or she does not operate a motor vehicle or the person is ineligible to obtain an ignition interlock driver's license)), the court ((shall)) may order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person's system.  ((Alcohol monitoring ordered under this subsection must be for the period of the mandatory license suspension or revocation.))  The person shall pay for the cost of the monitoring, unless the court specifies that the cost of monitoring will be paid with funds that are available from an alternative source identified by the court.  The county or municipality where the penalty is being imposed shall determine the cost.

      (((g) The period of time for which ignition interlock use is required will be as follows:
      (i) For a person who has not previously been restricted under this section, a period of one year;
      (ii) For a person who has previously been restricted under (g)(i) of this subsection, a period of five years;
      (iii) For a person who has previously been restricted under (g)(ii) of this subsection, a period of ten years.
      (h) Beginning with incidents occurring on or after September 1, 2011, when calculating the period of time for the restriction under RCW 46.20.720(3), the department must also give the person a day-for-day credit for the time period, beginning from the date of the incident, during which the person kept an ignition interlock device installed on all vehicles the person operates.  For the purposes of this subsection (5)(h), the term "all vehicles" does not include vehicles that would be subject to the employer exception under RCW 46.20.720(3).))

      (6) If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:

      (a) In any case in which the installation and use of an interlock or other device is not mandatory under RCW 46.20.720 or other law, order the use of such a device for not less than sixty days following the restoration of the person's license, permit, or nonresident driving privileges; and

      (b) In any case in which the installation and use of such a device is otherwise mandatory, order the use of such a device for an additional sixty days.

      (7) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:

      (a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property; and

      (b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers.

      (8) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

      (9) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:

      (a) If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

      (i) Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;

      (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for two years; or

      (iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;

      (b) If the person's alcohol concentration was at least 0.15:

      (i) Where there has been no prior offense within seven years, be revoked or denied by the department for one year;

      (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or

      (iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or

      (c) If by reason of the person's refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:

      (i) Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;

      (ii) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or

      (iii) Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.

The department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under this subsection for a suspension, revocation, or denial imposed under RCW 46.20.3101 arising out of the same incident.

For purposes of this subsection (9), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.

      (10) After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

      (11)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes up to three hundred sixty-four days in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years.  The court shall impose conditions of probation that include:  (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor.  The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.  The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

      (b) For each violation of mandatory conditions of probation under (a)(i), (ii), or (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

      (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days.  The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

      (12) A court may waive the electronic home monitoring requirements of this chapter when:

      (a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system;

      (b) The offender does not reside in the state of Washington; or

      (c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.

Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences.  The alternative sentence may include, but is not limited to, additional jail time, work crew, or work camp.

Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed three hundred sixty- four days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-four days.

      (13) An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(3).

      (14) For purposes of this section and RCW 46.61.502 and 46.61.504:

      (a) A "prior offense" means any of the following:

      (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

      (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

      (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.520 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

      (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.522 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

      (v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

      (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

(vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; ((or))

      (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522; or
      (ix) A deferred prosecution granted in another state for a violation of driving or having physical control of a vehicle while under the influence of intoxicating liquor or any drug if the out-of- state deferred prosecution is equivalent to the deferred prosecution under chapter 10.05 RCW, including a requirement that the defendant participate in a chemical dependency treatment program;

If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in this subsection (14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing;

      (b) "Within seven years" means that the arrest for a prior offense occurred within seven years before or after the arrest for the current offense; and

      (c) "Within ten years" means that the arrest for a prior offense occurred within ten years before or after the arrest for the current offense.

Sec. 13.  RCW 46.61.5249 and 2011 c 293 s 5 are each amended to read as follows:

      (1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.

      (b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.

      (c) Negligent driving in the first degree is a misdemeanor.

      (2) For the purposes of this section:

      (a) "Negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

      (b) "Exhibiting the effects of having consumed liquor" means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:

      (i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or

      (ii) Is shown by other evidence to have recently consumed liquor.

      (c) "Exhibiting the effects of having consumed an illegal drug" means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either:

      (i) Is in possession of an illegal drug; or

      (ii) Is shown by other evidence to have recently consumed an illegal drug.

      (d) "Exhibiting the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects" means that a person by speech, manner, appearance, behavior, or lack of coordination or otherwise exhibits that he or she has inhaled or ingested a chemical and either:
      (i) Is in possession of the canister or container from which the chemical came; or
      (ii) Is shown by other evidence to have recently inhaled or ingested a chemical for its intoxicating or hallucinatory effects.
      (e) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.

      (3) 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.

      (4) A person convicted of negligent driving in the first degree who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person.

Sec. 14.  RCW 46.61.540 and 1975 1st ex.s. c 287 s 5 are each amended to read as follows:

The word "drugs", as used in RCW 46.61.500 through 46.61.535, shall include but not be limited to those drugs and substances regulated by chapters 69.41 and 69.50 RCW and any chemical inhaled or ingested for its intoxicating or hallucinatory effects.

NEW SECTION.  Sec. 15.  A new section is added to chapter 43.43 RCW to read as follows:

(1) As part of the state patrol's authority to provide standards for certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, the state patrol shall by rule establish a fee schedule and collect fees from ignition interlock manufacturers, technicians, providers, and persons required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person.  At a minimum, the fees must be set at a level necessary to support effective performance of the duties identified in this section.  The state patrol must report back to the transportation committees of the legislature and the office of financial management by December 1st of each year on the level of the fees that have been adopted and whether those fees are sufficient to cover the cost of performing the duties listed in this section.

      (2) Fees collected under this section must be deposited into the highway safety account to be used solely to fund the Washington state patrol impaired driving section projects.

Sec. 16.  RCW 43.43.395 and 2010 c 268 s 2 are each amended to read as follows:

      (1) The state patrol shall by rule provide standards for the certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, as defined under RCW 46.04.215, and equipment as outlined under this section, and may inspect the records and equipment of manufacturers and vendors during regular business hours for compliance with statutes and rules and may suspend or revoke certification for any noncompliance.  The state patrol may only inspect ignition interlock devices in the vehicles of customers for proper installation and functioning when installation is being done at the vendors' place of business.

      (2)(a) When a certified service provider or individual installer of ignition interlock devices is found to be out of compliance, the installation privileges of that certified service provider or individual installer may be suspended or revoked until the certified service provider or individual installer comes into compliance.  During any suspension or revocation period, the certified service provider or individual installer is responsible for notifying affected customers of any changes in their service agreement.

      (b) A certified service provider or individual installer whose certification is suspended or revoked for noncompliance has a right to an administrative hearing under chapter 34.05 RCW to contest the suspension or revocation, or both.  For the administrative hearing, the procedure and rules of evidence are as specified in chapter 34.05 RCW, except as otherwise provided in this chapter.  Any request for an administrative hearing must be made in writing and must be received by the state patrol within twenty days after the receipt of the notice of suspension or revocation.

      (3)(a) An ignition interlock device must employ fuel cell technology.  For the purposes of this subsection, "fuel cell technology" consists of the following electrochemical method:  An electrolyte designed to oxidize the alcohol and release electrons to be collected by an active electrode; a current flow is generated within the electrode proportional to the amount of alcohol oxidized on the fuel cell surface; and the electrical current is measured and reported as breath alcohol concentration.  Fuel cell technology is highly specific for alcohols.

      (b) When reasonably available in the area, as determined by the state patrol, an ignition interlock device must employ technology capable of taking a photo identification of the user giving the breath sample and recording on the photo the time the breath sample was given.
      (c) To be certified, an ignition interlock device must:

      (i) Meet or exceed the minimum test standards according to rules adopted by the state patrol.  Only a notarized statement from a laboratory that is certified by the international organization of standardization and is capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards.  The notarized statement must include the name and signature of the person in charge of the tests under the following statement:

"Two samples of  (model name) , manufactured by (manufacturer)  were tested by  (laboratory)  certified by the Internal Organization of Standardization.  They do meet or exceed all specifications listed in the Federal Register, Volume 71, Number 31 (57 FR 11772), Breath Alcohol Ignition Interlock Devices (BAIID), NHTSA 2005-23470."; and

      (ii) Be maintained in accordance with the rules and standards adopted by the state patrol.

NEW SECTION.  Sec. 17.  This act takes effect August 1, 2012."

      Senators Kline and Padden spoke in favor of adoption of the committee striking amendment.

 

The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Second Substitute House Bill No. 2443.

The motion by Senator Kline 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 "impaired;" strike the remainder of the title and insert "amending RCW 2.28.175, 9.94A.475, 9.94A.640, 9.95.210, 9.96.060, 38.52.430, 46.20.308, 46.20.385, 46.20.720, 46.20.745, 46.61.5249, 46.61.540, and 43.43.395; reenacting and amending RCW 46.61.500 and 46.61.5055; adding a new section to chapter 43.43 RCW; prescribing penalties; and providing an effective date."

 

MOTION

 

On motion of Senator Kline, the rules were suspended, Second Substitute House Bill No. 2443 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 Pro Tempore declared the question before the Senate to be the final passage of Second Substitute House Bill No. 2443 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 2443 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

SECOND SUBSTITUTE HOUSE BILL NO. 2443 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 Eide, Second Substitute House Bill No. 2443 was immediately transmitted to the House of Representatives.

 

SECOND READING

 

SENATE BILL NO. 6250, by Senators Regala, Carrell, Conway, Kilmer, Becker, Roach and Kastama

 

Clarifying the definition of leasehold interest.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Regala, the rules were suspended, Senate Bill No. 6250 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 Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6250.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6250 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

SENATE BILL NO. 6250, 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, Senate Bill No. 6250 was immediately transmitted to the House of Representatives.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 5, 2012

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2509 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Holmquist Newbry moved that the Senate recede from its position in the Senate amendment(s) to Engrossed House Bill No. 2509.

      The President Pro Tempore declared the question before the Senate to be motion by Senator Holmquist Newbry that the Senate recede from its position in the Senate amendment(s) to Engrossed House Bill No. 2509.

The motion by Senator Holmquist Newbry carried and the Senate receded from its position in the Senate amendment(s) to Engrossed House Bill No. 2509 by voice vote.

 

MOTION

 

On motion of Senator Holmquist Newbry, the rules were suspended and Engrossed House Bill No. 2509 was returned to second reading for the purposes of amendment.

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 2509, by Representatives Chandler, Bailey and Pearson

 

Promoting workplace safety and health by enacting the blueprint for safety program.

 

The measure was read the second time.

 

MOTION

 

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

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

"NEW SECTION.  Sec. 1.  A new section is added to chapter 49.17 RCW to read as follows:

The blueprint for safety program is established.  The goal of the program is to improve safety for employees and lower costs for employers by assisting those employers for which the traditional safety and health model has not been effective.  The department shall design the program to promote management and labor leadership in safety and health as essential for long-term success.  The criteria for participation may include, but are not limited to:  A history with the department indicating a less than optimal leadership commitment to safety and health, a rising experience modification factor, a recent catastrophic workplace injury, a change in the employer's safety management, and a request by the employer to participate.  The department shall expand the current blueprint for safety program to include an additional department region of operation.  The department shall post information on its web page to provide information about the program to employers.  Participation by an employer is voluntary and subject to approval by the department.  The program shall supplement, but not replace any of, the department's existing compliance or consultation programs.  The department shall adopt rules to establish criteria for participation in the blueprint for safety program, and shall initiate rulemaking in 2012.  Funding for the blueprint for safety program created in this section cannot be appropriated from the medical aid fund or the accident fund, but shall be implemented within existing resources."

      Senators Holmquist Newbry and Kohl-Welles spoke in favor of adoption of the striking amendment.

 

The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Holmquist Newbry and Kohl-Welles to Engrossed House Bill No. 2509.

The motion by Senator Holmquist Newbry 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 "program;" strike the remainder of the title and insert "and adding a new section to chapter 49.17 RCW."

 

MOTION

 

On motion of Senator Holmquist Newbry, the rules were suspended, Engrossed House Bill No. 2509 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 Pro Tempore declared the question before the Senate to be the final passage of Engrossed House Bill No. 2509 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2509 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

ENGROSSED HOUSE BILL NO. 2509 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 Eide, Engrossed House Bill No. 2509 was immediately transmitted to the House of Representatives.

 

MOTION

 

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

 

MOTION

 

On motion of Senator Frockt, Senator Chase was excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Frockt moved that Gubernatorial Appointment No. 9267, Ryan Durkan, as a member of the Board of Regents, Washington State University, be confirmed.

      Senator Frockt spoke in favor of the motion.

 

APPOINTMENT OF RYAN DURKAN

 

The President Pro Tempore declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9267, Ryan Durkan as a member of the Board of Regents, Washington State University.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9267, Ryan Durkan as a member of the Board of Regents, Washington State University and the appointment was confirmed by the following vote:  Yeas, 45; Nays, 2; Absent, 1; Excused, 1.

      Voting yea: Senators Becker, Benton, Brown, Carrell, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senators Baumgartner and Schoesler

      Absent: Senator Nelson

      Excused: Senator Chase

Gubernatorial Appointment No. 9267, Ryan Durkan, having received the constitutional majority was declared confirmed as a member of the Board of Regents, Washington State University.

 

MOTION

 

At 5:36 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 7:25 p.m. by President Owen.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Frockt moved that Gubernatorial Appointment No. 9144, Judi Owens, as a member of the Investment Board, be confirmed.

      Senators Frockt and Padden spoke in favor of passage of the motion.

 

MOTION

 

On motion of Senator Fain, Senator Ranker was excused.

 

APPOINTMENT OF JUDI OWENS

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9144, Judi Owens as a member of the Investment Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9144, Judi Owens as a member of the Investment Board and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Absent: Senators Kilmer and Pridemore

      Excused: Senator Ranker

Gubernatorial Appointment No. 9144, Judi Owens, having received the constitutional majority was declared confirmed as a member of the Investment Board.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed Ms. Judi Owens who was seated in the gallery.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 6492 with the following amendment(s): 6492-S AMH ENGR H4693.E

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

"NEW SECTION.  Sec. 1.  The purpose of this act is to sustainably improve the timeliness of services related to competency to stand trial by setting performance expectations, establishing new mechanisms for accountability, and enacting reforms to ensure that forensic resources are expended in an efficient and clinically appropriate manner without diminishing the quality of competency services, and to reduce the time defendants with mental illness spend in jail awaiting evaluation and restoration of competency.

NEW SECTION.  Sec. 2.  A new section is added to chapter 10.77 RCW to read as follows:

      (1)(a) The legislature establishes the following performance targets for the timeliness of the completion of accurate and reliable evaluations of competency to stand trial and admissions for inpatient services related to competency to proceed or stand trial for adult criminal defendants.  The legislature recognizes that these targets may not be achievable in all cases without compromise to quality of evaluation services, but intends for the department to manage, allocate, and request appropriations for resources in order to meet these targets whenever possible without sacrificing the accuracy of competency evaluations, and to otherwise make sustainable improvements and track performance related to the timeliness of competency services:

      (i) For a state hospital to extend an offer of admission to a defendant in pretrial custody for legally authorized treatment or evaluation services related to competency, or to extend an offer of admission for legally authorized services following dismissal of charges based on incompetent to proceed or stand trial, seven days or less;

      (ii) For completion of a competency evaluation in jail and distribution of the evaluation report for a defendant in pretrial custody, seven days or less;

      (iii) For completion of a competency evaluation in the community and distribution of the evaluation report for a defendant who is released from custody and makes a reasonable effort to cooperate with the evaluation, twenty-one days or less.

      (b) The time periods measured in these performance targets shall run from the date on which the state hospital receives the court referral and charging documents, discovery, and criminal history information related to the defendant.  The targets in (a)(i) and (ii) of this subsection shall be phased in over a six-month period from the effective date of this section.  The target in (a)(iii) of this subsection shall be phased in over a twelve-month period from the effective date of this section.

      (c) The legislature recognizes the following nonexclusive list of circumstances that may place achievement of targets for completion of competency services described in (a) of this subsection out of the department's reach in an individual case without aspersion to the efforts of the department:

      (i) Despite a timely request, the department has not received necessary medical clearance information regarding the current medical status of a defendant in pretrial custody for the purposes of admission to a state hospital;

(ii) The individual circumstances of the defendant make accurate completion of an evaluation of competency to proceed or stand trial dependent upon review of medical history information which is in the custody of a third party and cannot be immediately obtained by the department.  Completion of a competency evaluation shall not be postponed for procurement of medical history information which is merely supplementary to the competency determination;

(iii) Completion of the referral is frustrated by lack of availability or participation by counsel, jail or court personnel, interpreters, or the defendant; or

      (iv) An unusual spike in the receipt of evaluation referrals or in the number of defendants requiring restoration services has occurred, causing temporary delays until the unexpected excess demand for competency services can be resolved.

      (2) The department shall:

      (a) Develop, document, and implement procedures to monitor the clinical status of defendants admitted to a state hospital for competency services that allow the state hospital to accomplish early discharge for defendants for whom clinical objectives have been achieved or may be achieved before expiration of the commitment period;

      (b) Investigate the extent to which patients admitted to a state hospital under this chapter overstay time periods authorized by law and take reasonable steps to limit the time of commitment to authorized periods; and

      (c) Establish written standards for the productivity of forensic evaluators and utilize these standards to internally review the performance of forensic evaluators.

      (3) Following any quarter in which a state hospital has failed to meet one or more of the performance targets in subsection (1) of this section after full implementation of the performance target, the department shall report to the executive and the legislature the extent of this deviation and describe any corrective action being taken to improve performance.  This report must be made publicly available.  An average may be used to determine timeliness under this subsection.

      (4) Beginning December 1, 2013, the department shall report annually to the legislature and the executive on the timeliness of services related to competency to proceed or stand trial and the timeliness with which court referrals accompanied by charging documents, discovery, and criminal history information are provided to the department relative to the signature date of the court order.  The report must be in a form that is accessible to the public and that breaks down performance by county.

      (5) This section does not create any new entitlement or cause of action related to the timeliness of competency evaluations or admission for inpatient services related to competency to proceed or stand trial, nor can it form the basis for contempt sanctions under chapter 7.21 RCW or a motion to dismiss criminal charges.

Sec. 3.  RCW 10.77.060 and 2004 c 9 s 1 are each amended to read as follows:

      (1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, or there is reason to doubt his or her competency, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate ((at least two)) a qualified expert((s)) or professional person((s)), ((one of whom)) who shall be approved by the prosecuting attorney, to ((examine)) evaluate and report upon the mental condition of the defendant.

      (b) The signed order of the court shall serve as authority for the ((experts)) evaluator to be given access to all records held by any mental health, medical, educational, or correctional facility that relate to the present or past mental, emotional, or physical condition of the defendant.  ((At least one of the experts or professional persons appointed shall be a developmental disabilities professional)) If the court is advised by any party that the defendant may ((be developmentally disabled)) have a developmental disability, the evaluation must be performed by a developmental disabilities professional.  ((Upon agreement of the parties, the court may designate one expert or professional person to conduct the examination and report on the mental condition of the defendant.  For purposes of the examination, the court may order))

      (c) The evaluator shall assess the defendant in a jail, detention facility, in the community, or in court to determine whether a period of inpatient commitment will be necessary to complete an accurate evaluation.  If inpatient commitment is needed, the signed order of the court shall serve as authority for the evaluator to request the jail or detention facility to transport the defendant ((committed)) to a hospital or ((other suitably)) secure ((public or private)) mental health facility for a period of ((time necessary to complete the examination, but)) commitment not to exceed fifteen days from the time of admission to the facility.  Otherwise, the evaluator shall complete the evaluation.
      (d) The court may commit the defendant for evaluation to a hospital or secure mental health facility without an assessment if:  (i) The defendant is charged with murder in the first or second degree; (ii) the court finds that it is more likely than not that an evaluation in the jail will be inadequate to complete an accurate evaluation; or (iii) the court finds that an evaluation outside the jail setting is necessary for the health, safety, or welfare of the defendant.  The court shall not order an initial inpatient evaluation for any purpose other than a competency evaluation.  ((If the defendant is being held in jail or other detention facility, upon agreement of the parties, the court may direct that the examination be conducted at the jail or other detention facility.
(b))) (e) The order shall indicate whether, in the event the defendant is committed to a hospital or secure mental health facility for evaluation, all parties agree to waive the presence of the defendant or to the defendant's remote participation at a subsequent competency hearing or presentation of an agreed order if the recommendation of the evaluator is for continuation of the stay of criminal proceedings, or if the opinion of the evaluator is that the defendant remains incompetent and there is no remaining restoration period, and the hearing is held prior to the expiration of the authorized commitment period.
      (f) When a defendant is ordered to be committed for inpatient ((examination)) evaluation under this subsection (1), the court may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court.  Following the evaluation, in determining bail the court shall consider:  (i) Recommendations of the ((expert or professional persons)) evaluator regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety.

      (2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be permitted to witness the ((examination)) evaluation authorized by subsection (1) of this section, and that the defendant shall have access to all information obtained by the court appointed experts or professional persons.  The defendant's expert or professional person shall have the right to file his or her own report following the guidelines of subsection (3) of this section.  If the defendant is indigent, the court shall upon the request of the defendant assist him or her in obtaining an expert or professional person.

      (3) The report of the ((examination)) evaluation shall include the following:

      (a) A description of the nature of the ((examination)) evaluation;

      (b) A diagnosis or description of the current mental ((condition)) status of the defendant;

      (c) If the defendant suffers from a mental disease or defect, or ((is developmentally disabled)) has a developmental disability, an opinion as to competency;

      (d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to RCW 10.77.030, and an evaluation and report by an expert or professional person has been provided concluding that the defendant was criminally insane at the time of the alleged offense, an opinion as to the defendant's sanity at the time of the act, and an opinion as to whether the defendant presents a substantial danger to other persons, or presents 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, provided that no opinion shall be rendered under this subsection (3)(d) unless the evaluator or court determines that the defendant is competent to stand trial;

      (e) When directed by the court, if an evaluation and report by an expert or professional person has been provided concluding that the defendant lacked the capacity at the time of the offense to form the mental state necessary to commit the charged offense, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;

      (f) An opinion as to whether the defendant should be evaluated by a ((county)) designated mental health professional under chapter 71.05 RCW((, and an opinion as to whether the defendant is a substantial danger to other persons, or presents 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)).

      (4) The secretary may execute such agreements as appropriate and necessary to implement this section and may choose to designate more than one evaluator.

Sec. 4.  RCW 10.77.065 and 2008 c 213 s 1 are each amended to read as follows:

      (1)(a)(i) The ((facility)) expert conducting the evaluation shall provide ((its)) his or her report and recommendation to the court in which the criminal proceeding is pending.  For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty-one days due to a lack of cooperation by the defendant, the evaluator shall notify the court that he or she is unable to complete the evaluation because of such lack of cooperation.
      (ii) A copy of the report and recommendation shall be provided to the designated mental health professional, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held, or if there is no professional person, to the person designated under (a)(((ii))) (iv) of this subsection.  Upon request, the ((facility)) evaluator shall also provide copies of any source documents relevant to the evaluation to the designated mental health professional.  ((The report and recommendation shall be provided not less than twenty-four hours preceding the transfer of the defendant to the correctional facility in the county in which the criminal proceeding is pending.
      (ii))) (iii) Any facility providing inpatient services related to competency shall discharge the defendant as soon as the facility determines that the defendant is competent to stand trial.  Discharge shall not be postponed during the writing and distribution of the evaluation report.  Distribution of an evaluation report by a facility providing inpatient services shall ordinarily be accomplished within two working days or less following the final evaluation of the defendant.  If the defendant is discharged to the custody of a local correctional facility, the local correctional facility must continue the medication regimen prescribed by the facility, when clinically appropriate, unless the defendant refuses to cooperate with medication.
      (iv) If there is no professional person at the local correctional facility, the local correctional facility shall designate a professional person as defined in RCW 71.05.020 or, in cooperation with the regional support network, a professional person at the regional support network to receive the report and recommendation.

(((iii) When a defendant is transferred to the facility conducting the evaluation, or)) (v) Upon commencement of a defendant's evaluation in the local correctional facility, the local correctional facility must notify the evaluator ((or the facility conducting the evaluation)) of the name of the professional person, or person designated under (a)(((ii))) (iv) of this subsection, to receive the report and recommendation.

      (b) If the ((facility)) evaluator concludes, under RCW 10.77.060(3)(f), the person should be ((kept under further control, an evaluation shall be conducted of such person)) evaluated by a designated mental health professional under chapter 71.05 RCW((.)), the court shall order ((an)) such evaluation be conducted ((by the appropriate designated mental health professional:  (i))) prior to release from confinement ((for such person who is convicted, if sentenced to confinement for twenty-four months or less; (ii) for any person who is acquitted; or (iii) for any person:  (A) Whose charges are dismissed pursuant to RCW 10.77.086(4); or (B) whose nonfelony charges are dismissed)) when the person is acquitted or convicted and sentenced to confinement for twenty-four months or less, or when charges are dismissed pursuant to a finding of incompetent to stand trial.

      (2) The designated mental health professional shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW.  The notification shall be provided to the persons identified in subsection (1)(a) of this section.

      (3) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the designated mental health professional under subsection (2) of this section to the ((facility conducting the evaluation under this chapter)) secretary.

      (4) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services under this chapter may also be disclosed to the courts solely to prevent the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.

Sec. 5.  RCW 10.77.084 and 2007 c 375 s 3 are each amended to read as follows:

      (1)(a) If at any time during the pendency of an action and prior to judgment the court finds, following a report as provided in RCW 10.77.060, a defendant is incompetent, the court shall order the proceedings against the defendant be stayed except as provided in subsection (4) of this section.

      (b) ((A defendant found incompetent shall be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability.  Such evaluation and determination shall be accomplished as soon as possible following the court's placement of the defendant in the custody of the secretary.
      (i) When appropriate, and subject to available funds, if the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant shall have the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant.  A copy of the evaluation shall be sent to the program.
      (A) The program shall be separate from programs serving persons involved in any other treatment or habilitation program.
      (B) The program shall be appropriately secure under the circumstances and shall be administered by developmental disabilities professionals who shall direct the habilitation efforts.
      (C) The program shall provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety.
      (ii) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services.
      (iii) The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
      (c))) At the end of the mental health treatment and restoration period, if any, or at any time a professional person determines competency has been, or is unlikely to be, restored, the defendant shall be returned to court for a hearing.  The parties may agree to waive the defendant's presence or to remote participation by the defendant at a hearing or presentation of an agreed order if the recommendation of the evaluator is for the continuation of the stay of criminal proceedings, or if the opinion of the evaluator is that the defendant remains incompetent and there is no remaining restoration period, and the hearing is held prior to expiration of the defendant's authorized period of commitment, in which case the department shall promptly notify the court and parties of the date of the defendant's admission and expiration of commitment so that a timely hearing date may be scheduled.  If, after notice and hearing, competency has been restored, the stay entered under (a) of this subsection shall be lifted.  If competency has not been restored, the proceedings shall be dismissed without prejudice.  If the court concludes that competency has not been restored, but that further treatment within the time limits established by RCW 10.77.086 or 10.77.088 is likely to restore competency, the court may order that treatment for purposes of competency restoration be continued.  Such treatment may not extend beyond the combination of time provided for in RCW 10.77.086 or 10.77.088.

      (((d))) (c) If at any time during the proceeding the court finds, following notice and hearing, a defendant is not likely to regain competency, the proceedings shall be dismissed without prejudice and the defendant shall be evaluated for civil commitment proceedings.

(2) If the defendant is referred ((to the)) for evaluation by a designated mental health professional ((for consideration of initial detention proceedings under chapter 71.05 RCW pursuant to)) under this chapter, the designated mental health professional shall provide prompt written notification of the results of the ((determination whether to commence initial detention proceedings under chapter 71.05 RCW)) evaluation and whether the person was detained.  The notification shall be provided to the court in which the criminal action was pending, the prosecutor, the defense attorney in the criminal action, and the facility that evaluated the defendant for competency.

      (3) The fact that the defendant is unfit to proceed does not preclude any pretrial proceedings which do not require the personal participation of the defendant.

      (4) A defendant receiving medication for either physical or mental problems shall not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings against him or her and to assist in his or her own defense, or does not disable him or her from so understanding and assisting in his or her own defense.

      (5) At or before the conclusion of any commitment period provided for by this section, the facility providing evaluation and treatment shall provide to the court a written report of ((examination)) evaluation which meets the requirements of RCW 10.77.060(3).  For defendants charged with a felony, the report following the second competency restoration period or first competency restoration period if the defendant's incompetence is determined to be solely due to a developmental disability or the evaluator concludes that the defendant is not likely to regain competency must include an assessment of the defendant's future dangerousness which is evidence-based regarding predictive validity.

Sec. 6.  RCW 10.77.086 and 2007 c 375 s 4 are each amended to read as follows:

      (1)(a) If the defendant is charged with a felony and determined to be incompetent, until he or she has regained the competency necessary to understand the proceedings against him or her and assist in his or her own defense, or has been determined unlikely to regain competency pursuant to RCW 10.77.084(1)(((c))) (b), but in any event for a period of no longer than ninety days, the court:

      (((a))) (i) Shall commit the defendant to the custody of the secretary who shall place such defendant in an appropriate facility of the department for evaluation and treatment; or

      (((b))) (ii) May alternatively order the defendant to undergo evaluation and treatment at some other facility as determined by the department, or under the guidance and control of a professional person.

      (b) For a defendant whose highest charge is a class C felony, or a class B felony that is not classified as violent under RCW 9.94A.030, the maximum time allowed for the initial period of commitment for competency restoration is forty-five days.

      (2) On or before expiration of the initial ((ninety-day)) period of commitment under subsection (1) of this section the court shall conduct a hearing, at which it shall determine whether or not the defendant is incompetent.

      (3) If the court finds by a preponderance of the evidence that a defendant charged with a felony is incompetent, the court shall have the option of extending the order of commitment or alternative treatment for an additional ((ninety-day)) period of ninety days, but the court must at the time of extension set a date for a prompt hearing to determine the defendant's competency before the expiration of the second ((ninety-day)) restoration period.  The defendant, the defendant's attorney, or the prosecutor has the right to demand that the hearing be before a jury.  No extension shall be ordered for a second ((ninety-day)) or third restoration period((, nor for any subsequent period)) as provided in subsection (4) of this section((,)) if the defendant's incompetence has been determined by the secretary to be solely the result of a developmental disability which is such that competence is not reasonably likely to be regained during an extension.

      (4) For persons charged with a felony, at the hearing upon the expiration of the second ((ninety-day)) restoration period or at the end of the first ((ninety-day)) restoration period, in the case of a defendant with a developmental disability, if the jury or court finds that the defendant is incompetent, the charges shall be dismissed without prejudice, and ((either civil commitment proceedings shall be instituted or)) the court shall either order the release of the defendant or order the defendant be committed to a hospital or secure mental health facility for up to seventy-two hours starting from admission to the facility, excluding Saturdays, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition.  The criminal charges shall not be dismissed if the court or jury finds that:  (a) The defendant (i) is a substantial danger to other persons; or (ii) presents a substantial likelihood of committing criminal acts jeopardizing public safety or security; and (b) there is a substantial probability that the defendant will regain competency within a reasonable period of time.  In the event that the court or jury makes such a finding, the court may extend the period of commitment for up to an additional six months.

NEW SECTION.  Sec. 7.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) A defendant found incompetent by the court under RCW 10.77.084 must be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability.  Such evaluation and determination must be accomplished as soon as possible following the court's placement of the defendant in the custody of the secretary.

      (2) When appropriate, and subject to available funds, if the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant has the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant.  A copy of the evaluation must be sent to the program.

      (a) The program must be separate from programs serving persons involved in any other treatment or habilitation program.

      (b) The program must be appropriately secure under the circumstances and must be administered by developmental disabilities professionals who shall direct the habilitation efforts.

      (c) The program must provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety.

      (3) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services.

      (4) The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.

NEW SECTION.  Sec. 8.  The joint legislative audit and review committee shall make an independent assessment of the performance of the state hospitals with respect to provisions specified in section 2 of this act, but shall not be required to independently evaluate the exercise of clinical judgment.  A report shall be made to the legislature reflecting the committee's findings and recommendations both six and eighteen months following the effective date of this section.  The department of social and health services shall cooperate in a timely manner with requests for data and assistance related to this assessment.

NEW SECTION.  Sec. 9.  The Washington state institute for public policy shall study and report to the legislature the benefit of standardizing protocols used for treatment to restore competency to stand trial in Washington and during what clinically appropriate time period said treatment may be expected to be effective.  The department of social and health services shall cooperate in a timely manner with data requests in service of this study.

NEW SECTION.  Sec. 10.  A new section is added to chapter 70.48 RCW to read as follows:

A jail may not refuse to book a patient of a state hospital solely based on the patient's status as a state hospital patient, but may consider other relevant factors that apply to the individual circumstances in each case.

NEW SECTION.  Sec. 11.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) A state hospital may administer antipsychotic medication without consent to an individual who is committed under this chapter as criminally insane by following the same procedures applicable to the administration of antipsychotic medication without consent to a civilly committed patient under RCW 71.05.217, except for the following:

      (a) The maximum period during which the court may authorize the administration of medication without consent under a single involuntary medication petition shall be the time remaining on the individual's current order of commitment or one hundred eighty days, whichever is shorter; and

      (b) A petition for involuntary medication may be filed in either the superior court of the county that ordered the commitment or the superior court of the county in which the individual is receiving treatment, provided that a copy of any order that is entered must be provided to the superior court of the county that ordered the commitment following the hearing.  The superior court of the county of commitment shall retain exclusive jurisdiction over all hearings concerning the release of the patient.

      (2) The state has a compelling interest in providing antipsychotic medication to a patient who has been committed as criminally insane when refusal of antipsychotic medication would result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication that is in the best interest of the patient.

NEW SECTION.  Sec. 12.  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 May 1, 2012."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate insist on its position regarding to Substitute Senate Bill No. 6492 and ask the House to recede from its amendment.

      Senator Hargrove spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Hargrove that the Senate insist on its position regarding Substitute Senate Bill No. 6492 and ask the House to recede from its amendment.

The motion by Senator Hargrove carried and the Senate insisted on its position regarding Substitute Senate Bill No. 6492 and asked the House to recede from its amendment by voice vote.

 

MOTION

 

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

 

SECOND SUPPLEMENTAL AND FIRST READING

 

SCR 8410           by Senators Brown and Hewitt

 

Returning bills to their house of origin.

 

SCR 8411           by Senators Brown and Hewitt

 

Adjourning SINE DIE.

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

EHB 2262          by Representatives Kagi, Hinkle, Darneille, Ladenburg, Walsh, Goodman, Carlyle, Fitzgibbon, Jinkins, Roberts, Ryu and Kenney

 

AN ACT Relating to constraints of expenditures for WorkFirst and child care programs; amending RCW 43.88C.010; adding a new section to chapter 74.08A RCW; repealing RCW 74.08A.340; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

MOTION

 

On motion of Senator Eide and without objection, Senate Concurrent Resolution No. 8410; Senate Concurrent Resolution No. 8411; and Engrossed House Bill No. 2262 were placed on the second reading calendar under suspension of the rules.

 

MOTION

 

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

 

RULING BY THE PRESIDENT

 

President Owen: In ruling on the Points of Order raised by Senator Padden and Senator Benton as to whether the conference committee report to Engrossed Substitute Senate Bill 6455 is outside of the scope and object of the underlying bill and also raises taxes under Initiative No. 1053, the President finds and rules as follows:

The President finds no basis to conclude that the conference committee report impermissibly introduces a new subject into the bill.  The report’s language is within the scope and object of the underlying measure.

With respect to whether the increase in abstract fees is a tax increase as opposed to a fee, the President believes that there is an appropriate nexus between those paying the fee and the purposes for which the fee can be used.  Half of the abstract fee is used by the Department of Licensing, which must maintain the program and generate the abstracts; the other half is used for highway safety purposes.  These uses are sufficiently connected to those paying the fee to avoid the supermajority requirements of I-1053.  For these reasons, Senator Benton’s point is not well-taken.

The fees collected for recreational vehicles, however, are not presently sufficiently tailored to benefit the class of persons paying the fee.  While the President believes that a fee could be collected to support recreational vehicle purposes at parks, the conference report language allows the money collected to be used for the operation and maintenance of parks with overnight and recreational vehicle facilities.  This support of parks in general is a broad purpose, and thus the fee collected is properly characterized as a tax for purposes of I-1053.  For these reasons, Senator Padden’s point is well-taken and the bill will take a two-thirds vote on final passage.”

 

MOTION

 

On motion of Senator Eide, further consideration of Engrossed Substitute Senate Bill No. 6455 was deferred and the bill held its place on the Conference calendar.

 

SIGNED BY THE PRESIDENT

 

The President signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6150.

 

SIGNED BY THE PRESIDENT

 

The President signed:

SUBSTITUTE HOUSE BILL NO. 1057,

SUBSTITUTE HOUSE BILL NO. 1552,

SUBSTITUTE HOUSE BILL NO. 1559,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1627,

ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 1860,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1983,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2048,

SUBSTITUTE HOUSE BILL NO. 2177,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2197,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2233,

SUBSTITUTE HOUSE BILL NO. 2252,

SUBSTITUTE HOUSE BILL NO. 2254,

SUBSTITUTE HOUSE BILL NO. 2261,

SUBSTITUTE HOUSE BILL NO. 2263,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2264,

HOUSE BILL NO. 2308,

SUBSTITUTE HOUSE BILL NO. 2313,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2314,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319,

SUBSTITUTE HOUSE BILL NO. 2326,

HOUSE BILL NO. 2329,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2337,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2347,

SUBSTITUTE HOUSE BILL NO. 2349,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2361,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2363,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2373,

SECOND SUBSTITUTE HOUSE BILL NO. 2452,

HOUSE BILL NO. 2482,

HOUSE BILL NO. 2485,

HOUSE BILL NO. 2499,

HOUSE BILL NO. 2535,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2567,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2570,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2582,

THIRD SUBSTITUTE HOUSE BILL NO. 2585,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2586,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2614,

SUBSTITUTE HOUSE BILL NO. 2617,

ENGROSSED HOUSE BILL NO. 2620,

SUBSTITUTE HOUSE BILL NO. 2640,

SUBSTITUTE HOUSE BILL NO. 2673,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2692,

ENGROSSED HOUSE BILL NO. 2771,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2799.

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

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

SECOND SUBSTITUTE HOUSE BILL NO. 2443,

ENGROSSED HOUSE BILL NO. 2509.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House has passed ENGROSSED HOUSE BILL NO. 2262.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6284 with the following amendment(s): 6284-S2.E AMH LIIA HELA 079

0)On page 2, line 8, after "traffic infraction" insert ", failure to appear at a requested hearing, violation of a written promise to appear in court, or failure to comply with the terms of a notice of traffic infraction or citation,"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate refuse to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 6284 and ask the House to recede therefrom.

      Senator Pflug spoke in favor of the motion.

      The President declared the question before the Senate to be the motion by Senator Kline that the Senate refuse to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 6284 and ask the House to recede therefrom.

The motion by Senator Kline carried and the Senate refused to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 6284 and asked the House to recede therefrom by voice vote.

 

MOTION

 

On motion of Senator Schoesler, Senator Fain was excused.

 

MOTION

 

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

 

MOTION

 

Senator Schoesler moved that the senate immediately reconsider the vote by which Gubernatorial Appointment No. 9144 which passed the Senate earlier in the day.

 

      Senator Brown spoke in favor of the motion.

 

APPOINTMENT OF JUDI OWENS

ON RECONSIDERATION

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9144, Judi Owens on reconsideration as a member of the Investment Board.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9144, Judi Owens on reconsideration as a member of the Investment Board and the appointment was confirmed by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Gubernatorial Appointment No. 9144, Judi Owens on reconsideration, having received the constitutional majority was declared confirmed as a member of the Investment Board.

 

MOTION

 

At 8:04 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 8:47 p.m. by President Owen.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Kline moved that Gubernatorial Appointment No. 9257, Ron Sims, as a member of the Board of Regents, Washington State University, be confirmed.

      Senator Kline spoke in favor of the motion.

      Senator Schoesler spoke against the motion.

 

MOTION

 

On motion of Senator Harper, Senators Kohl-Welles and Prentice were excused.

 

APPOINTMENT OF RON SIMS

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9257, Ron Sims as a member of the Board of Regents, Washington State University.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9257, Ron Sims as a member of the Board of Regents, Washington State University and the appointment was confirmed by the following vote:  Yeas, 32; Nays, 15; Absent, 1; Excused, 1.

      Voting yea: Senators Brown, Chase, Conway, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rolfes, Sheldon, Shin and Tom

      Voting nay: Senators Baumgartner, Becker, Benton, Carrell, Delvin, Hewitt, Hill, Holmquist Newbry, Honeyford, Morton, Padden, Schoesler, Stevens, Swecker and Zarelli

      Absent: Senator Ericksen

      Excused: Senator Prentice

Gubernatorial Appointment No. 9257, Ron Sims, having received the constitutional majority was declared confirmed as a member of the Board of Regents, Washington State University.

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 2262, by Representatives Kagi, Hinkle, Darneille, Ladenburg, Walsh, Goodman, Carlyle, Fitzgibbon, Jinkins, Roberts, Ryu and Kenney

 

Regarding constraints of expenditures for WorkFirst and child care programs.

 

The measure was read the second time.

 

MOTION

 

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

0)On page 1, line 14, after "legislature", strike all material through "RCW 74.08A.260" on line 15

Senators Zarelli and Regala spoke in favor of adoption of the amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli and Regala on page 1, line 14 to Engrossed House Bill No. 2262.

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

 

MOTION

 

On motion of Senator Regala, the rules were suspended, Engrossed House Bill No. 2262 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala, Carrell and Hargrove spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2262 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2262 as amended by the Senate and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

ENGROSSED HOUSE BILL NO. 2262 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. 2357, by House Committee on Ways & Means (originally sponsored by Representatives Darneille, Kirby, Ladenburg, Green, Jinkins, Kagi and Tharinger)

 

Concerning sales and use tax for chemical dependency, mental health treatment, and therapeutic courts.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2357 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2357.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2357 and the bill passed the Senate by the following vote:  Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

      Voting yea: Senators Becker, Benton, Brown, Chase, Conway, Delvin, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senators Baumgartner, Carrell, Ericksen, Holmquist Newbry, Honeyford, Morton, Padden and Schoesler

SUBSTITUTE HOUSE BILL NO. 2357, 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. 2139, by House Committee on Ways & Means (originally sponsored by Representatives Cody and Hunter)

 

Concerning the establishment of new regional support network boundaries.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2139 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2139.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2139 and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

SUBSTITUTE HOUSE BILL NO. 2139, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House passed SENATE BILL NO. 5950 with the following amendment(s): 5950 AMH WAYS H4676.1

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

"Sec. 1.  RCW 35.27.130 and 1993 c 47 s 3 are each amended to read as follows:

The mayor and members of the town council may be reimbursed for actual expenses incurred in the discharge of their official duties upon presentation of a claim therefor and its allowance and approval by resolution of the town council.  The mayor and members of the council may also receive such salary as the council may fix by ordinance.

      The treasurer and treasurer-clerk shall severally receive at stated times a compensation to be fixed by ordinance.

The compensation of all other officers and employees shall be fixed from time to time by the council.

Any town that provides a pension for any of its employees under a plan not administered by the state must notify the state auditor of the existence of the plan at the time of an audit of the town by the auditor.  No town may establish a pension plan for its employees that is not administered by the state, ((except that any)) with the following exceptions:
      (1) Participation in a defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized.  No town that provides a defined contribution plan for its employees as authorized by this section may make any material changes in the terms or conditions of the plan after June 7, 1990.

      (2) Participation in a defined benefit pension plan that commenced prior to January 1, 1999, is authorized to continue.  No town that commenced participation in a defined benefit pension plan that is not administered by the state may make any material changes in the terms or conditions of the plan after June 7, 1999."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Roach moved that the Senate concur in the House amendment(s) to Senate Bill No. 5950.

      Senator Roach spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Roach that the Senate concur in the House amendment(s) to Senate Bill No. 5950.

The motion by Senator Roach carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5950 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 5950, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 5950, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

SENATE BILL NO. 5950, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Kohl-Welles:  “Thank you Mr. President. I believe that this is a good time to mention that we have a holiday today. This is the 101st anniversary of International Women’s Day. It is celebrated all over the world. It may seem frivolous to some people in this body, however, when it first began in 1911 at an International Conference in Copenhagen recommended that all countries recognized the achievements and the difficulties faced by women in the world. It was one week later on March 19, 1911 that the Triangle fire occurred in New York City which one hundred forty working women, mainly Italian and Jewish immigrants, perished because they were locked into a garment factory when the fire broke out and could not escape and died. Ever since 1975, the United Nations having proclaimed March 8 as International Women’s Day, we have had celebrations all over the world including in the United States. We’ve had much to celebrate here in the state of Washington. We’ve been a leader in the country in terms of women in elected office. We’re the only state in the history of the country that’s had a female Governor and our two U. S. Senators being women. We’ve also had been a leader in women participation in the legislature. We’re number six right now with thirty-two percent of us being women but from 1994 through 2006 we were number one in the entire county, for twelve years, with nearly forty-one percent of the legislature being comprised of women. There are many things that we can recognize with the state of Washington. One other very important one is that we enacted women’s right to vote ten years before it happened nationally. We did it in 1910. Mr. President, may I read just one short quote? This comes from a notable and highly regarded former first lady of the United States, Barbara Bush, of course, who has been known for her strong belief in equality for women and she said; ‘Somewhere out in this audience may even be someday who will follow in my footsteps and preside over the White House as the President’s spouse. I wish him well.’ Thank you Mr. President.”

 

PERSONAL PRIVILEGE

 

Senator Padden:  “Well, just to follow up on some of the lady from the Thirty-sixth District. You may not remember this but the very first legislative district in the whole United States to have only women representation was my colleague from Spokane, Majority Leaders district, in 1982 was represented by Senator Margaret Hurley in the Senate and in the House by Representatives Lois Stratton and Margaret Leonard. The very first. They thought a little bit more like I did than some of the women today but anyway I thought you would be interested in that. Thank you.”

 

PERSONAL PRIVILEGE

 

Senator Chase:  “Thank you Mr. President. I rise to honor women today, this evening. You know ninety-eight years ago, ninety-nine maybe by now, Nelly Axelrod from Bellingham joined this august body to become one of the first women to serve in this legislature. You know we think about the years since that time and it was only in 1945 that women and men were finally in an international treaty positive as equals, in the Treaty of the united Nations and the Universal Declaration of the Human Rights but it was not until 1991-92 in Vienna that women’s rights were considered to be human rights. You know this is an important time for women, to renew our interest in human rights and I urge to start thinking in terms of how far we have come and how far we have to go. There are young women in our society and in our state who think that the rights that they currently enjoy are there forever but you know for someone who has been in the trenches, as it were, all of my life struggling for women’s rights it is something that we need to defend at all times. I thank the gentle lady from the Thirty-sixth for bringing this issue forward.”

 

[EDITOR’S NOTE: Elected to the House of Representatives in 1912, Representatives Frances C. Axtell of Whatcom County and Nena Jolidon Croake of Pierce Count were the first women to serve in the Washington State Legislature, beginning their service at the 1913 Regular Session.]

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House has passed: 

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5539,

SUBSTITUTE SENATE BILL NO. 6073.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hill moved that Gubernatorial Appointment No. 9207, Wayne Martin, as a member of the State Board for Community and Technical Colleges, be confirmed.

      Senator Hill spoke in favor of the motion.

 

APPOINTMENT OF WAYNE MARTIN

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9207, Wayne Martin as a member of the State Board for Community and Technical Colleges.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9207, Wayne Martin as a member of the State Board for Community and Technical Colleges and the appointment was confirmed by the following vote:  Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

      Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Baumgartner

      Absent: Senator Ranker

Gubernatorial Appointment No. 9207, Wayne Martin, having received the constitutional majority was declared confirmed as a member of the State Board for Community and Technical Colleges.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hill moved that Gubernatorial Appointment No. 9244, Anne Fennessy, as a member of the State Board for Community and Technical Colleges, be confirmed.

      Senator Hill spoke in favor of the motion.

 

MOTION

 

On motion of Senator Harper, Senator Ranker was excused.

 

APPOINTMENT OF ANNE FENNESSY

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9244, Anne Fennessy as a member of the State Board for Community and Technical Colleges.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9244, Anne Fennessy as a member of the State Board for Community and Technical Colleges and the appointment was confirmed by the following vote:  Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

      Voting yea: Senators Becker, Benton, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      Voting nay: Senator Baumgartner

      Absent: Senator Brown

Gubernatorial Appointment No. 9244, Anne Fennessy, having received the constitutional majority was declared confirmed as a member of the State Board for Community and Technical Colleges.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 6492. Under suspension of the rules, the bill was returned to second reading for the purpose of an amendment. The House adopted the following amendment: 6492-S AMH PEDE H4705.1, and passed the bill as amended by the House.

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

"NEW SECTION.  Sec. 1.  The purpose of this act is to sustainably improve the timeliness of services related to competency to stand trial by setting performance expectations, establishing new mechanisms for accountability, and enacting reforms to ensure that forensic resources are expended in an efficient and clinically appropriate manner without diminishing the quality of competency services, and to reduce the time defendants with mental illness spend in jail awaiting evaluation and restoration of competency.

NEW SECTION.  Sec. 2.  A new section is added to chapter 10.77 RCW to read as follows:

      (1)(a) The legislature establishes the following performance targets for the timeliness of the completion of accurate and reliable evaluations of competency to stand trial and admissions for inpatient services related to competency to proceed or stand trial for adult criminal defendants.  The legislature recognizes that these targets may not be achievable in all cases without compromise to quality of evaluation services, but intends for the department to manage, allocate, and request appropriations for resources in order to meet these targets whenever possible without sacrificing the accuracy of competency evaluations, and to otherwise make sustainable improvements and track performance related to the timeliness of competency services:

      (i) For a state hospital to extend an offer of admission to a defendant in pretrial custody for legally authorized treatment or evaluation services related to competency, or to extend an offer of admission for legally authorized services following dismissal of charges based on incompetent to proceed or stand trial, seven days or less;

      (ii) For completion of a competency evaluation in jail and distribution of the evaluation report for a defendant in pretrial custody, seven days or less;

      (iii) For completion of a competency evaluation in the community and distribution of the evaluation report for a defendant who is released from custody and makes a reasonable effort to cooperate with the evaluation, twenty-one days or less.

      (b) The time periods measured in these performance targets shall run from the date on which the state hospital receives the court referral and charging documents, discovery, and criminal history information related to the defendant.  The targets in (a)(i) and (ii) of this subsection shall be phased in over a six-month period from the effective date of this section.  The target in (a)(iii) of this subsection shall be phased in over a twelve-month period from the effective date of this section.

      (c) The legislature recognizes the following nonexclusive list of circumstances that may place achievement of targets for completion of competency services described in (a) of this subsection out of the department's reach in an individual case without aspersion to the efforts of the department:

      (i) Despite a timely request, the department has not received necessary medical clearance information regarding the current medical status of a defendant in pretrial custody for the purposes of admission to a state hospital;

      (ii) The individual circumstances of the defendant make accurate completion of an evaluation of competency to proceed or stand trial dependent upon review of medical history information which is in the custody of a third party and cannot be immediately obtained by the department.  Completion of a competency evaluation shall not be postponed for procurement of medical history information which is merely supplementary to the competency determination;

      (iii) Completion of the referral is frustrated by lack of availability or participation by counsel, jail or court personnel, interpreters, or the defendant; or

      (iv) An unusual spike in the receipt of evaluation referrals or in the number of defendants requiring restoration services has occurred, causing temporary delays until the unexpected excess demand for competency services can be resolved.

      (2) The department shall:

      (a) Develop, document, and implement procedures to monitor the clinical status of defendants admitted to a state hospital for competency services that allow the state hospital to accomplish early discharge for defendants for whom clinical objectives have been achieved or may be achieved before expiration of the commitment period;

      (b) Investigate the extent to which patients admitted to a state hospital under this chapter overstay time periods authorized by law and take reasonable steps to limit the time of commitment to authorized periods; and

      (c) Establish written standards for the productivity of forensic evaluators and utilize these standards to internally review the performance of forensic evaluators.

      (3) Following any quarter in which a state hospital has failed to meet one or more of the performance targets in subsection (1) of this section after full implementation of the performance target, the department shall report to the executive and the legislature the extent of this deviation and describe any corrective action being taken to improve performance.  This report must be made publicly available.  An average may be used to determine timeliness under this subsection.

      (4) Beginning December 1, 2013, the department shall report annually to the legislature and the executive on the timeliness of services related to competency to proceed or stand trial and the timeliness with which court referrals accompanied by charging documents, discovery, and criminal history information are provided to the department relative to the signature date of the court order.  The report must be in a form that is accessible to the public and that breaks down performance by county.

      (5) This section does not create any new entitlement or cause of action related to the timeliness of competency evaluations or admission for inpatient services related to competency to proceed or stand trial, nor can it form the basis for contempt sanctions under chapter 7.21 RCW or a motion to dismiss criminal charges.

Sec. 3.  RCW 10.77.060 and 2004 c 9 s 1 are each amended to read as follows:

      (1)(a) Whenever a defendant has pleaded not guilty by reason of insanity, or there is reason to doubt his or her competency, the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate ((at least two)) a qualified expert((s)) or professional person((s)), ((one of whom)) who shall be approved by the prosecuting attorney, to ((examine)) evaluate and report upon the mental condition of the defendant.

      (b) The signed order of the court shall serve as authority for the ((experts)) evaluator to be given access to all records held by any mental health, medical, educational, or correctional facility that relate to the present or past mental, emotional, or physical condition of the defendant.  ((At least one of the experts or professional persons appointed shall be a developmental disabilities professional)) If the court is advised by any party that the defendant may ((be developmentally disabled)) have a developmental disability, the evaluation must be performed by a developmental disabilities professional.  ((Upon agreement of the parties, the court may designate one expert or professional person to conduct the examination and report on the mental condition of the defendant.  For purposes of the examination, the court may order))

      (c) The evaluator shall assess the defendant in a jail, detention facility, in the community, or in court to determine whether a period of inpatient commitment will be necessary to complete an accurate evaluation.  If inpatient commitment is needed, the signed order of the court shall serve as authority for the evaluator to request the jail or detention facility to transport the defendant ((committed)) to a hospital or ((other suitably)) secure ((public or private)) mental health facility for a period of ((time necessary to complete the examination, but)) commitment not to exceed fifteen days from the time of admission to the facility.  Otherwise, the evaluator shall complete the evaluation.
      (d) The court may commit the defendant for evaluation to a hospital or secure mental health facility without an assessment if:  (i) The defendant is charged with murder in the first or second degree; (ii) the court finds that it is more likely than not that an evaluation in the jail will be inadequate to complete an accurate evaluation; or (iii) the court finds that an evaluation outside the jail setting is necessary for the health, safety, or welfare of the defendant.  The court shall not order an initial inpatient evaluation for any purpose other than a competency evaluation.  ((If the defendant is being held in jail or other detention facility, upon agreement of the parties, the court may direct that the examination be conducted at the jail or other detention facility.
      (b))) (e) The order shall indicate whether, in the event the defendant is committed to a hospital or secure mental health facility for evaluation, all parties agree to waive the presence of the defendant or to the defendant's remote participation at a subsequent competency hearing or presentation of an agreed order if the recommendation of the evaluator is for continuation of the stay of criminal proceedings, or if the opinion of the evaluator is that the defendant remains incompetent and there is no remaining restoration period, and the hearing is held prior to the expiration of the authorized commitment period.
      (f) When a defendant is ordered to be committed for inpatient ((examination)) evaluation under this subsection (1), the court may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court.  Following the evaluation, in determining bail the court shall consider:  (i) Recommendations of the ((expert or professional persons)) evaluator regarding the defendant's competency, sanity, or diminished capacity; (ii) whether the defendant has a recent history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or found incompetent; (iv) whether it is reasonably likely the defendant will fail to appear for a future court hearing; and (v) whether the defendant is a threat to public safety.

      (2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be permitted to witness the ((examination)) evaluation authorized by subsection (1) of this section, and that the defendant shall have access to all information obtained by the court appointed experts or professional persons.  The defendant's expert or professional person shall have the right to file his or her own report following the guidelines of subsection (3) of this section.  If the defendant is indigent, the court shall upon the request of the defendant assist him or her in obtaining an expert or professional person.

      (3) The report of the ((examination)) evaluation shall include the following:

      (a) A description of the nature of the ((examination)) evaluation;

      (b) A diagnosis or description of the current mental ((condition)) status of the defendant;

      (c) If the defendant suffers from a mental disease or defect, or ((is developmentally disabled)) has a developmental disability, an opinion as to competency;

      (d) If the defendant has indicated his or her intention to rely on the defense of insanity pursuant to RCW 10.77.030, and an evaluation and report by an expert or professional person has been provided concluding that the defendant was criminally insane at the time of the alleged offense, an opinion as to the defendant's sanity at the time of the act, and an opinion as to whether the defendant presents a substantial danger to other persons, or presents 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, provided that no opinion shall be rendered under this subsection (3)(d) unless the evaluator or court determines that the defendant is competent to stand trial;

(e) When directed by the court, if an evaluation and report by an expert or professional person has been provided concluding that the defendant lacked the capacity at the time of the offense to form the mental state necessary to commit the charged offense, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged;

      (f) An opinion as to whether the defendant should be evaluated by a ((county)) designated mental health professional under chapter 71.05 RCW((, and an opinion as to whether the defendant is a substantial danger to other persons, or presents 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)).

      (4) The secretary may execute such agreements as appropriate and necessary to implement this section and may choose to designate more than one evaluator.

Sec. 4.  RCW 10.77.065 and 2008 c 213 s 1 are each amended to read as follows:

      (1)(a)(i) The ((facility)) expert conducting the evaluation shall provide ((its)) his or her report and recommendation to the court in which the criminal proceeding is pending.  For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty-one days due to a lack of cooperation by the defendant, the evaluator shall notify the court that he or she is unable to complete the evaluation because of such lack of cooperation.
      (ii) A copy of the report and recommendation shall be provided to the designated mental health professional, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held, or if there is no professional person, to the person designated under (a)(((ii))) (iv) of this subsection.  Upon request, the ((facility)) evaluator shall also provide copies of any source documents relevant to the evaluation to the designated mental health professional.  ((The report and recommendation shall be provided not less than twenty-four hours preceding the transfer of the defendant to the correctional facility in the county in which the criminal proceeding is pending.
      (ii))) (iii) Any facility providing inpatient services related to competency shall discharge the defendant as soon as the facility determines that the defendant is competent to stand trial.  Discharge shall not be postponed during the writing and distribution of the evaluation report.  Distribution of an evaluation report by a facility providing inpatient services shall ordinarily be accomplished within two working days or less following the final evaluation of the defendant.  If the defendant is discharged to the custody of a local correctional facility, the local correctional facility must continue the medication regimen prescribed by the facility, when clinically appropriate, unless the defendant refuses to cooperate with medication.
      (iv) If there is no professional person at the local correctional facility, the local correctional facility shall designate a professional person as defined in RCW 71.05.020 or, in cooperation with the regional support network, a professional person at the regional support network to receive the report and recommendation.

      (((iii) When a defendant is transferred to the facility conducting the evaluation, or)) (v) Upon commencement of a defendant's evaluation in the local correctional facility, the local correctional facility must notify the evaluator ((or the facility conducting the evaluation)) of the name of the professional person, or person designated under (a)(((ii))) (iv) of this subsection, to receive the report and recommendation.

      (b) If the ((facility)) evaluator concludes, under RCW 10.77.060(3)(f), the person should be ((kept under further control, an evaluation shall be conducted of such person)) evaluated by a designated mental health professional under chapter 71.05 RCW((.)), the court shall order ((an)) such evaluation be conducted ((by the appropriate designated mental health professional:  (i))) prior to release from confinement ((for such person who is convicted, if sentenced to confinement for twenty-four months or less; (ii) for any person who is acquitted; or (iii) for any person:  (A) Whose charges are dismissed pursuant to RCW 10.77.086(4); or (B) whose nonfelony charges are dismissed)) when the person is acquitted or convicted and sentenced to confinement for twenty-four months or less, or when charges are dismissed pursuant to a finding of incompetent to stand trial.

      (2) The designated mental health professional shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW.  The notification shall be provided to the persons identified in subsection (1)(a) of this section.

      (3) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the designated mental health professional under subsection (2) of this section to the ((facility conducting the evaluation under this chapter)) secretary.

      (4) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services under this chapter may also be disclosed to the courts solely to prevent the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.

Sec. 5.  RCW 10.77.084 and 2007 c 375 s 3 are each amended to read as follows:

      (1)(a) If at any time during the pendency of an action and prior to judgment the court finds, following a report as provided in RCW 10.77.060, a defendant is incompetent, the court shall order the proceedings against the defendant be stayed except as provided in subsection (4) of this section.

      (b) ((A defendant found incompetent shall be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability.  Such evaluation and determination shall be accomplished as soon as possible following the court's placement of the defendant in the custody of the secretary.
      (i) When appropriate, and subject to available funds, if the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant shall have the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant.  A copy of the evaluation shall be sent to the program.
      (A) The program shall be separate from programs serving persons involved in any other treatment or habilitation program.
      (B) The program shall be appropriately secure under the circumstances and shall be administered by developmental disabilities professionals who shall direct the habilitation efforts.
      (C) The program shall provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety.
      (ii) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services.
      (iii) The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
      (c))) At the end of the mental health treatment and restoration period, if any, or at any time a professional person determines competency has been, or is unlikely to be, restored, the defendant shall be returned to court for a hearing.  The parties may agree to waive the defendant's presence or to remote participation by the defendant at a hearing or presentation of an agreed order if the recommendation of the evaluator is for the continuation of the stay of criminal proceedings, or if the opinion of the evaluator is that the defendant remains incompetent and there is no remaining restoration period, and the hearing is held prior to expiration of the defendant's authorized period of commitment, in which case the department shall promptly notify the court and parties of the date of the defendant's admission and expiration of commitment so that a timely hearing date may be scheduled.  If, after notice and hearing, competency has been restored, the stay entered under (a) of this subsection shall be lifted.  If competency has not been restored, the proceedings shall be dismissed without prejudice.  If the court concludes that competency has not been restored, but that further treatment within the time limits established by RCW 10.77.086 or 10.77.088 is likely to restore competency, the court may order that treatment for purposes of competency restoration be continued.  Such treatment may not extend beyond the combination of time provided for in RCW 10.77.086 or 10.77.088.

      (((d))) (c) If at any time during the proceeding the court finds, following notice and hearing, a defendant is not likely to regain competency, the proceedings shall be dismissed without prejudice and the defendant shall be evaluated for civil commitment proceedings.

      (2) If the defendant is referred ((to the)) for evaluation by a designated mental health professional ((for consideration of initial detention proceedings under chapter 71.05 RCW pursuant to)) under this chapter, the designated mental health professional shall provide prompt written notification of the results of the ((determination whether to commence initial detention proceedings under chapter 71.05 RCW)) evaluation and whether the person was detained.  The notification shall be provided to the court in which the criminal action was pending, the prosecutor, the defense attorney in the criminal action, and the facility that evaluated the defendant for competency.

      (3) The fact that the defendant is unfit to proceed does not preclude any pretrial proceedings which do not require the personal participation of the defendant.

      (4) A defendant receiving medication for either physical or mental problems shall not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings against him or her and to assist in his or her own defense, or does not disable him or her from so understanding and assisting in his or her own defense.

      (5) At or before the conclusion of any commitment period provided for by this section, the facility providing evaluation and treatment shall provide to the court a written report of ((examination)) evaluation which meets the requirements of RCW 10.77.060(3).  For defendants charged with a felony, the report following the second competency restoration period or first competency restoration period if the defendant's incompetence is determined to be solely due to a developmental disability or the evaluator concludes that the defendant is not likely to regain competency must include an assessment of the defendant's future dangerousness which is evidence-based regarding predictive validity.

Sec. 6.  RCW 10.77.086 and 2007 c 375 s 4 are each amended to read as follows:

      (1)(a) If the defendant is charged with a felony and determined to be incompetent, until he or she has regained the competency necessary to understand the proceedings against him or her and assist in his or her own defense, or has been determined unlikely to regain competency pursuant to RCW 10.77.084(1)(((c))) (b), but in any event for a period of no longer than ninety days, the court:

      (((a))) (i) Shall commit the defendant to the custody of the secretary who shall place such defendant in an appropriate facility of the department for evaluation and treatment; or

      (((b))) (ii) May alternatively order the defendant to undergo evaluation and treatment at some other facility as determined by the department, or under the guidance and control of a professional person.

      (b) For a defendant whose highest charge is a class C felony, or a class B felony that is not classified as violent under RCW 9.94A.030, the maximum time allowed for the initial period of commitment for competency restoration is forty-five days.

      (2) On or before expiration of the initial ((ninety-day)) period of commitment under subsection (1) of this section the court shall conduct a hearing, at which it shall determine whether or not the defendant is incompetent.

      (3) If the court finds by a preponderance of the evidence that a defendant charged with a felony is incompetent, the court shall have the option of extending the order of commitment or alternative treatment for an additional ((ninety-day)) period of ninety days, but the court must at the time of extension set a date for a prompt hearing to determine the defendant's competency before the expiration of the second ((ninety-day)) restoration period.  The defendant, the defendant's attorney, or the prosecutor has the right to demand that the hearing be before a jury.  No extension shall be ordered for a second ((ninety-day)) or third restoration period((, nor for any subsequent period)) as provided in subsection (4) of this section((,)) if the defendant's incompetence has been determined by the secretary to be solely the result of a developmental disability which is such that competence is not reasonably likely to be regained during an extension.

      (4) For persons charged with a felony, at the hearing upon the expiration of the second ((ninety-day)) restoration period or at the end of the first ((ninety-day)) restoration period, in the case of a defendant with a developmental disability, if the jury or court finds that the defendant is incompetent, the charges shall be dismissed without prejudice, and ((either civil commitment proceedings shall be instituted or)) the court shall either order the release of the defendant or order the defendant be committed to a hospital or secure mental health facility for up to seventy-two hours starting from admission to the facility, excluding Saturdays, Sundays, and holidays, for evaluation for the purpose of filing a civil commitment petition.  The criminal charges shall not be dismissed if the court or jury finds that:  (a) The defendant (i) is a substantial danger to other persons; or (ii) presents a substantial likelihood of committing criminal acts jeopardizing public safety or security; and (b) there is a substantial probability that the defendant will regain competency within a reasonable period of time.  In the event that the court or jury makes such a finding, the court may extend the period of commitment for up to an additional six months.

NEW SECTION.  Sec. 7.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) A defendant found incompetent by the court under RCW 10.77.084 must be evaluated at the direction of the secretary and a determination made whether the defendant is an individual with a developmental disability.  Such evaluation and determination must be accomplished as soon as possible following the court's placement of the defendant in the custody of the secretary.

      (2) When appropriate, and subject to available funds, if the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program specifically reserved for the treatment and training of persons with developmental disabilities where the defendant has the right to habilitation according to an individualized service plan specifically developed for the particular needs of the defendant.  A copy of the evaluation must be sent to the program.

      (a) The program must be separate from programs serving persons involved in any other treatment or habilitation program.

      (b) The program must be appropriately secure under the circumstances and must be administered by developmental disabilities professionals who shall direct the habilitation efforts.

      (c) The program must provide an environment affording security appropriate with the charged criminal behavior and necessary to protect the public safety.

      (3) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services.

      (4) The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.

Sec. 8.  RCW 71.05.310 and 2005 c 504 s 709 are each amended to read as follows:

The court shall conduct a hearing on the petition for ninety-day treatment within five judicial days of the first court appearance after the probable cause hearing, or within ten judicial days for a petition filed under RCW 71.05.280(3).  The court may continue the hearing for good cause upon the written request of the person named in the petition or the person's attorney((,)).  The court may continue for good cause ((shown, which continuance shall not exceed five additional judicial days)) the hearing on a petition filed under RCW 71.05.280(3) upon written request by the person named in the petition, the person's attorney, or the petitioner.  If the person named in the petition requests a jury trial, the trial shall commence within ten judicial days of the first court appearance after the probable cause hearing.  The burden of proof shall be by clear, cogent, and convincing evidence and shall be upon the petitioner.  The person shall be present at such proceeding, which shall in all respects accord with the constitutional guarantees of due process of law and the rules of evidence pursuant to RCW 71.05.360 (8) and (9).

      During the proceeding, the person named in the petition shall continue to be treated until released by order of the superior court.  If no order has been made within thirty days after the filing of the petition, not including extensions of time requested by the detained person or his or her attorney, or the petitioner in the case of a petition filed under RCW 71.05.280(3), the detained person shall be released.

NEW SECTION.  Sec. 9.  The joint legislative audit and review committee shall make an independent assessment of the performance of the state hospitals with respect to provisions specified in section 2 of this act, but shall not be required to independently evaluate the exercise of clinical judgment.  A report shall be made to the legislature reflecting the committee's findings and recommendations both six and eighteen months following the effective date of this section.  The department of social and health services shall cooperate in a timely manner with requests for data and assistance related to this assessment.

NEW SECTION.  Sec. 10.  The Washington state institute for public policy shall study and report to the legislature the benefit of standardizing protocols used for treatment to restore competency to stand trial in Washington and during what clinically appropriate time period said treatment may be expected to be effective.  The department of social and health services shall cooperate in a timely manner with data requests in service of this study.

NEW SECTION.  Sec. 11.  A new section is added to chapter 70.48 RCW to read as follows:

A jail may not refuse to book a patient of a state hospital solely based on the patient's status as a state hospital patient, but may consider other relevant factors that apply to the individual circumstances in each case.

NEW SECTION.  Sec. 12.  A new section is added to chapter 10.77 RCW to read as follows:

      (1) A state hospital may administer antipsychotic medication without consent to an individual who is committed under this chapter as criminally insane by following the same procedures applicable to the administration of antipsychotic medication without consent to a civilly committed patient under RCW 71.05.217, except for the following:

      (a) The maximum period during which the court may authorize the administration of medication without consent under a single involuntary medication petition shall be the time remaining on the individual's current order of commitment or one hundred eighty days, whichever is shorter; and

      (b) A petition for involuntary medication may be filed in either the superior court of the county that ordered the commitment or the superior court of the county in which the individual is receiving treatment, provided that a copy of any order that is entered must be provided to the superior court of the county that ordered the commitment following the hearing.  The superior court of the county of commitment shall retain exclusive jurisdiction over all hearings concerning the release of the patient.

      (2) The state has a compelling interest in providing antipsychotic medication to a patient who has been committed as criminally insane when refusal of antipsychotic medication would result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication that is in the best interest of the patient.

NEW SECTION.  Sec. 13.  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. 14.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect May 1, 2012."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6492.

      Senator Hargrove spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6492.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6492 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6492, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6492, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

SUBSTITUTE SENATE BILL NO. 6492, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

March 8, 2012

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5978 with the following amendment(s): 5978-S.E AMH WAYS H4692.1

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

 

"PART I
WASHINGTON MEDICAID FRAUD PROVISIONS

 

NEW SECTION.  Sec. 101.  The legislature intends to enact a state false claims act in order to provide this state with another tool to combat medicaid fraud.  The legislature finds that between 1996 and 2009 state-initiated false claims acts resulted in over five billion dollars in total recoveries to those states.  The highest recoveries in those cases were from claims relating to billing fraud, off-label marketing, and withholding safety information; these cases were primarily related to the pharmaceuticals industry and hospital networks, hospitals, and medical centers.  By this act, the legislature does not intend to target a certain industry, profession, or retailer of medical equipment, or to place an undue burden on health care professionals.  This act is not intended to harass health care professionals, nor is intended to be used as a tool to target actions that are related to incidental errors or clerical errors, which should not be considered fraud.  The intent is to use the false claims act to root out significant areas of fraud that result in higher health care costs to this state and to use the false claims act to recover state money that could and should be used to support the medicaid program.

Sec. 102.  RCW 74.09.210 and 2011 1st sp.s. c 15 s 15 are each amended to read as follows:

      (1) No person, firm, corporation, partnership, association, agency, institution, or other legal entity, but not including an individual public assistance recipient of health care, shall, on behalf of himself or others, obtain or attempt to obtain benefits or payments under this chapter in a greater amount than that to which entitled by means of:

      (a) A willful false statement;

      (b) By willful misrepresentation, or by concealment of any material facts; or

      (c) By other fraudulent scheme or device, including, but not limited to:

      (i) Billing for services, drugs, supplies, or equipment that were unfurnished, of lower quality, or a substitution or misrepresentation of items billed; or

      (ii) Repeated billing for purportedly covered items, which were not in fact so covered.

      (2) Any person or entity knowingly violating any of the provisions of subsection (1) of this section shall be liable for repayment of any excess benefits or payments received, plus interest at the rate and in the manner provided in RCW 43.20B.695.  Such person or other entity shall further, in addition to any other penalties provided by law, be subject to civil penalties.  The ((secretary or)) director((, as appropriate,)) or the attorney general may assess civil penalties in an amount not to exceed three times the amount of such excess benefits or payments:  PROVIDED, That these civil penalties shall not apply to any acts or omissions occurring prior to September 1, 1979.  RCW 43.20A.215 governs notice of a civil fine assessed by the director and provides the right to an adjudicative proceeding.

      (3) A criminal action need not be brought against a person for that person to be civilly liable under this section.

      (4) In all administrative proceedings under this section, service, adjudicative proceedings, and judicial review of such determinations shall be in accordance with chapter 34.05 RCW, the administrative procedure act.

      (5) Civil penalties shall be deposited ((in the general fund)) upon their receipt into the medicaid fraud penalty account established in section 103 of this act.

      (6) The attorney general may contract with private attorneys and local governments in bringing actions under this section as necessary.

NEW SECTION.  Sec. 103.  A new section is added to chapter 74.09 RCW to read as follows:

The medicaid fraud penalty account is created in the state treasury.  All receipts from civil penalties collected under RCW 74.09.210, all receipts received under judgments or settlements that originated under a filing under the federal false claims act, and all receipts received under judgments or settlements that originated under the state medicaid fraud false claims act, chapter 74.--- RCW (the new chapter created in section 215 of this act) must be deposited into the account.  Moneys in the account may be spent only after appropriation and must be used only for medicaid services, fraud detection and prevention activities, recovery of improper payments, and for other medicaid fraud enforcement activities.

NEW SECTION.  Sec. 104.  A new section is added to chapter 74.09 RCW to read as follows:

      (1) For the purposes of this section:

      (a) "Employer" means any person, firm, corporation, partnership, association, agency, institution, or other legal entity.

      (b) "Whistleblower" means an employee of an employer that obtains or attempts to obtain benefits or payments under this chapter in violation of RCW 74.09.210, who in good faith reports a violation of RCW 74.09.210 to the authority.

      (c) "Workplace reprisal or retaliatory action" includes, but is not limited to:  Denial of adequate staff to fulfill duties; frequent staff changes; frequent and undesirable office changes; refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct under Title 18 RCW; unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations; demotion; reduction in pay; denial of promotion; suspension; dismissal; denial of employment; or a supervisor or superior behaving in or encouraging coworkers to behave in a hostile manner toward the whistleblower; or a change in the physical location of the employee's workplace or a change in the basic nature of the employee's job, if either are in opposition to the employee's expressed wish.

      (2) A whistleblower who has been subjected to workplace reprisal or retaliatory action has the remedies provided under chapter 49.60 RCW.  RCW 4.24.500 through 4.24.520, providing certain protection to persons who communicate to government agencies, apply to complaints made under this section.  The identity of a whistleblower who complains, in good faith, to the authority about a suspected violation of RCW 74.09.210 may remain confidential if requested.  The identity of the whistleblower must subsequently remain confidential unless the authority determines that the complaint was not made in good faith.

      (3) This section does not prohibit an employer from exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.  The protections provided to whistleblowers under this chapter do not prevent an employer from:  (a) Terminating, suspending, or disciplining a whistleblower for other lawful purposes; or (b) reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements.  The authority shall determine if the employer cannot meet payroll in cases where a whistleblower has been terminated or had hours of employment reduced due to the inability of a facility to meet payroll.

      (4) The authority shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter.  The authority shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes.

NEW SECTION.  Sec. 105.  A new section is added to chapter 74.09 RCW to read as follows:

The following must be medicare providers in order to be paid under the medicaid program:  Providers of durable medical equipment and related supplies and providers of medical supplies and related services.

 

PART II
MEDICAID FRAUD FALSE CLAIMS ACT

 

NEW SECTION.  Sec. 201.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

      (1)(a) "Claim" means any request or demand made for a medicaid payment under chapter 74.09 RCW, whether under a contract or otherwise, for money or property and whether or not a government entity has title to the money or property, that:

      (i) Is presented to an officer, employee, or agent of a government entity; or

(ii) Is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the government entity's behalf or to advance a government entity program or interest, and the government entity:

      (A) Provides or has provided any portion of the money or property requested or demanded; or

      (B) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.

      (b) A "claim" does not include requests or demands for money or property that the government entity has paid to an individual as compensation for employment or as an income subsidy with no restrictions on that individual's use of the money or property.

      (2) "Custodian" means the custodian, or any deputy custodian, designated by the attorney general.

      (3) "Documentary material" includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret the data compilations, and any product of discovery.

      (4) "False claims act investigation" means any inquiry conducted by any false claims act investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this chapter.

      (5) "False claims act investigator" means any attorney or investigator employed by the state attorney general who is charged with the duty of enforcing or carrying into effect any provision of this chapter, or any officer or employee of the state of Washington acting under the direction and supervision of the attorney or investigator in connection with an investigation pursuant to this chapter.

      (6) "Government entity" means all Washington state agencies that administer medicaid funded programs under this title.

      (7)(a) "Knowing" and "knowingly" mean that a person, with respect to information:

      (i) Has actual knowledge of the information;

      (ii) Acts in deliberate ignorance of the truth or falsity of the information; or

      (iii) Acts in reckless disregard of the truth or falsity of the information.

      (b) "Knowing" and "knowingly" do not require proof of specific intent to defraud.

      (8) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

      (9) "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or rule, or from the retention of any overpayment.

      (10) "Official use" means any use that is consistent with the law, and the rules and policies of the attorney general, including use in connection with:  Internal attorney general memoranda and reports; communications between the attorney general and a federal, state, or local government agency, or a contractor of a federal, state, or local government agency, undertaken in furtherance of an investigation or prosecution of a case; interviews of any qui tam relator or other witness; oral examinations; depositions; preparation for and response to civil discovery requests; introduction into the record of a case or proceeding; applications, motions, memoranda, and briefs submitted to a court or other tribunal; and communications with attorney general investigators, auditors, consultants and experts, the counsel of other parties, and arbitrators or mediators, concerning an investigation, case, or proceeding.

      (11) "Person" means any natural person, partnership, corporation, association, or other legal entity, including any local or political subdivision of a state.

      (12) "Product of discovery" includes:

      (a) The original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature;

      (b) Any digest, analysis, selection, compilation, or derivation of any item listed in (a) of this subsection; and

      (c) Any index or other manner of access to any item listed in (a) of this subsection.

      (13) "Qui tam action" is an action brought by a person under section 205 of this act.

      (14) "Qui tam relator" or "relator" is a person who brings an action under section 205 of this act.

NEW SECTION.  Sec. 202.  (1) Subject to subsections (2) and (4) of this section, a person is liable to the government entity for a civil penalty of not less than five thousand five hundred dollars and not more than eleven thousand dollars, plus three times the amount of damages which the government entity sustains because of the act of that person, if the person:

      (a) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

      (b) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;

      (c) Conspires to commit one or more of the violations in this subsection (1);

      (d) Has possession, custody, or control of property or money used, or to be used, by the government entity and knowingly delivers, or causes to be delivered, less than all of that money or property;

      (e) Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the government entity and, intending to defraud the government entity, makes or delivers the receipt without completely knowing that the information on the receipt is true;

      (f) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the government entity who lawfully may not sell or pledge property; or

      (g) Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the government entity, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the government entity.

      (2) The court may assess not less than two times the amount of damages which the government entity sustains bec