MORNING SESSION
Senate Chamber, Olympia, Monday, April 15, 2013
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator Carrell.
The Sergeant at Arms Color Guard consisting of Pages Austin Ziprick and Abigail Smith, presented the Colors. Pastor Rich Jaech of Beautiful Savior Lutheran Church of Vancouver offered the prayer.
MOTION
On motion of Senator Fain, 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
April 11, 2013
SB 5035 Prime Sponsor, Senator Honeyford: Adopting the 2013-2015 capital budget. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 5035 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Hewitt; Nelson, Assistant Ranking Member; Padden; Parlette; Rivers; Schoesler and Tom.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Conway; Fraser; Hargrove, Ranking Member; Hasegawa; Hatfield; Keiser; Kohl-Welles; Murray and Ranker.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5036 Prime Sponsor, Senator Honeyford: Concerning state general obligation bonds and related accounts. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 5036 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Hewitt; Nelson, Assistant Ranking Member; Padden; Parlette; Rivers; Schoesler and Tom.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Conway; Fraser; Hargrove, Ranking Member; Hasegawa; Hatfield; Keiser; Kohl-Welles; Murray and Ranker.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5296 Prime Sponsor, Senator Ericksen: Concerning the model toxics control act. Reported by Committee on Ways & Means
MAJORITY recommendation: That Second Substitute Senate Bill No. 5296 be substituted therefor, and the second substitute bill do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Hatfield; Hewitt; Padden; Parlette; Rivers; Schoesler and Tom.
MINORITY recommendation: Do not pass. Signed by Senators Conway; Fraser; Hargrove, Ranking Member; Hasegawa; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member and Ranker.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5892 Prime Sponsor, Senator Hargrove: Reducing corrections costs. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 5892 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Fraser; Hargrove, Ranking Member; Hasegawa; Hatfield; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member; Padden; Parlette; Ranker; Rivers; Schoesler and Tom.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5897 Prime Sponsor, Senator Pearson: Concerning state parks. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 5897 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Fraser; Hargrove, Ranking Member; Hewitt; Keiser; Nelson, Assistant Ranking Member; Padden; Parlette; Ranker; Rivers; Schoesler and Tom.
MINORITY recommendation: Do not pass. Signed by Senators Conway and Hasegawa.
MINORITY recommendation: That it be referred without recommendation. Signed by Senator Kohl-Welles.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5898 Prime Sponsor, Senator Hill: Increasing education funding, including adjusting school district levy and state levy equalization provisions. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 5898 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Fraser; Hargrove, Ranking Member; Hatfield; Hewitt; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member; Padden; Parlette; Ranker; Rivers; Schoesler and Tom.
MINORITY recommendation: Do not pass. Signed by Senator Hasegawa.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5903 Prime Sponsor, Senator Braun: Concerning the family and medical leave insurance act. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Hewitt; Padden; Parlette; Rivers; Schoesler and Tom.
MINORITY recommendation: Do not pass. Signed by Senators Conway; Fraser; Hargrove, Ranking Member; Hasegawa; Hatfield; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member and Ranker.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5904 Prime Sponsor, Senator Hill: Concerning high quality early learning. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Conway; Dammeier; Fraser; Hargrove, Ranking Member; Hasegawa; Hatfield; Hewitt; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member; Parlette; Ranker; Rivers; Schoesler and Tom.
MINORITY recommendation: Do not pass. Signed by Senator Padden.
Passed to Committee on Rules for second reading.
April 11, 2013
SB 5905 Prime Sponsor, Senator Hill: Establishing state employee eligibility for insurance benefits consistent with the employer shared responsibility provisions of the patient protection and affordable care act. Reported by Committee on Ways & Means
MAJORITY recommendation: That Substitute Senate Bill No. 5905 be substituted therefor, and the substitute bill do pass. Signed by Senators Hill, Chair; Honeyford, Capital Budget Chair; Baumgartner, Vice Chair; Bailey; Becker; Braun; Dammeier; Hargrove, Ranking Member; Hatfield; Hewitt; Parlette; Rivers; Schoesler and Tom.
MINORITY recommendation: Do not pass. Signed by Senators Conway; Fraser; Hasegawa; Keiser; Kohl-Welles; Nelson, Assistant Ranking Member and Ranker.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Fain, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Fain, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
April 12, 2013
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5110,
SENATE BILL NO. 5302,
SUBSTITUTE SENATE BILL NO. 5316,
SUBSTITUTE SENATE BILL NO. 5332,
SUBSTITUTE SENATE BILL NO. 5568,
SECOND SUBSTITUTE SENATE BILL NO. 5624,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5849,
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
On motion of Senator Fain, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 5909 by Senators McAuliffe, Litzow, Chase, Rivers, Kohl-Welles and Rolfes
AN ACT Relating to expanding STEM education to include the arts; amending RCW 28A.400.200, 28A.410.221, and 28A.700.120; and creating a new section.
Referred to Committee on Early Learning & K-12 Education.
SB 5910 by Senators Hill, Murray, Nelson, Baumgartner and Hargrove
AN ACT Relating to providing that a quarterly revenue forecast is due on February 20th during both a long and short legislative session year; and reenacting and amending RCW 82.33.020.
Referred to Committee on Ways & Means.
MOTION
On motion of Senator Fain, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Fain, the Senate advanced to the eighth order of business.
MOTION
Senator Benton moved adoption of the following resolution:
SENATE RESOLUTION
8650
By Senator Benton
WHEREAS, Many Washington citizens have literally given the gift of life by donating organs, eyes, and tissues; and
WHEREAS, It is essential that all citizens are aware of the opportunity to save and enhance the lives of others through organ, eye, and tissue donation and transplantation; and
WHEREAS, There are more than one hundred ten thousand courageous Americans awaiting a lifesaving organ transplant, with eighteen individuals losing their lives every day because of the shortage of donations; and
WHEREAS, Every thirteen minutes, a person is added to the national organ donation waiting list; and
WHEREAS, An organ, eye, and tissue donation from one individual can save or enhance the lives of over fifty people; and
WHEREAS, Families receive comfort through the grieving process with the knowledge that through organ, eye, and tissue donation, another person's life has been saved or enhanced; and
WHEREAS, Organ donation offers the recipients a second chance at life, enabling them to be with their families and maintain a higher quality of life; and
WHEREAS, Through organ, eye, and tissue donation, a donor and the donor's family receive gratitude from the recipient's family and are honored by the enhancement of the recipient's life; and
WHEREAS, The example set by those who choose to donate reflects the character and compassion of these individuals, whose voluntary choice saves the lives of others;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize April as National Donate Life Month as declared by the Governor, honor those who have donated, and celebrate the lives of the recipients.
Senators Benton, Schlicher and Rolfes spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8650.
The motion by Senator Benton carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced representatives of the 2013 Washington State Gift of Life Award honorees: Mr. Scott Ballenger representing his partner, donor Sharon Ballenger; Ms. Samantha Paul representing her daughter, donor Rachel Beckwith, 9; Mr. Bruce Maier representing his friend, donor Clyde Blosl; Mrs. Tina Gray representing her son, donor Nickloas Gray, 22; Mrs. Roxanne Murray representing her daughter, donor Sierra Murray, 16; and Mrs. Rosemary Nordhagan representing her husband, donor Bryce Nordhagan, who were present at the rostrum.
INTRODUCTION OF SPECIAL GUESTS
The President also welcomed and introduced the families of the 2013 Washington State Gift of Life Award honorees: the Ballenger Family of Everett, Senators Harper’s and Murray’s districts; the Beckwith and Paul Families of Kirkland, Senator Tom’s district; the Blosl Family of Centralia, Senators Braun’s and Sheldon’s districts; the Gray Family of Vancouver, Senator Cleveland’s district; the Murray Family of Richland, Senator Brown’s district; the Nordhagan Family of Spokane, Senator Billig’s district; and Mr. Kevin O’Connor, President and CEO of LifeCenter Northwest a federally designated nonprofit organ procurement and accredited tissue recovery organization in Bellevue serving communities across Alaska, Montana, North Idaho, and Washington, who were present in the gallery and recognized by a grateful Senate.
MOTION
At 10:20 a.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.
AFTERNOON SESSION
The Senate was called to order at 12:52 p.m. by President Owen.
MOTION
On motion of Senator Fain, the Senate reverted to the seventh order of business.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Cleveland moved that Dan Dixon, Gubernatorial Appointment No. 9093, be confirmed as a member of the Board of Trustees, Central Washington University.
Senator Cleveland spoke in favor of the motion.
MOTION
On motion of Senator Billig, Senators Hatfield and Hobbs were excused.
MOTION
On motion of Senator Fain, Senator Carrell was excused.
APPOINTMENT OF DAN DIXON
The President declared the question before the Senate to be the confirmation of Dan Dixon, Gubernatorial Appointment No. 9093, as a member of the Board of Trustees, Central Washington University.
The Secretary called the roll on the confirmation of Dan Dixon, Gubernatorial Appointment No. 9093, as a member of the Board of Trustees, Central Washington University and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hewitt, Hill, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senators Carrell, Hatfield and Hobbs
Dan Dixon, Gubernatorial Appointment No. 9093, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Central Washington University.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Ericksen moved that Betti Fujikado, Gubernatorial Appointment No. 9100, be confirmed as a member of the Board of Trustees, Western Washington University.
Senators Ericksen and Shin spoke in favor of passage of the motion.
APPOINTMENT OF BETTI FUJIKADO
The President declared the question before the Senate to be the confirmation of Betti Fujikado, Gubernatorial Appointment No. 9100, as a member of the Board of Trustees, Western Washington University.
The Secretary called the roll on the confirmation of Betti Fujikado, Gubernatorial Appointment No. 9100, as a member of the Board of Trustees, Western Washington University and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hewitt, Hill, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senators Carrell, Hatfield and Hobbs
Betti Fujikado, Gubernatorial Appointment No. 9100, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Western Washington University.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Frockt moved that Jeremy Jaech, Gubernatorial Appointment No. 9121, be confirmed as a member of the Board of Regents, University of Washington.
Senator Frockt spoke in favor of the motion.
APPOINTMENT OF JEREMY JAECH
The President declared the question before the Senate to be the confirmation of Jeremy Jaech, Gubernatorial Appointment No. 9121, as a member of the Board of Regents, University of Washington.
The Secretary called the roll on the confirmation of Jeremy Jaech, Gubernatorial Appointment No. 9121, as a member of the Board of Regents, University of Washington and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
Jeremy Jaech, Gubernatorial Appointment No. 9121, having received the constitutional majority was declared confirmed as a member of the Board of Regents, University of Washington.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Chase moved that Chris Liu, Gubernatorial Appointment No. 9135, be confirmed as a member of the Board of Trustees, Central Washington University.
Senator Chase spoke in favor of the motion.
APPOINTMENT OF CHRIS LIU
The President declared the question before the Senate to be the confirmation of Chris Liu, Gubernatorial Appointment No. 9135, as a member of the Board of Trustees, Central Washington University.
The Secretary called the roll on the confirmation of Chris Liu, Gubernatorial Appointment No. 9135, as a member of the Board of Trustees, Central Washington University and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
Chris Liu, Gubernatorial Appointment No. 9135, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Central Washington University.
MOTION
On motion of Senator Fain, the Senate reverted to the fifth order of business.
SUPPLEMENTAL INTRODUCTION AND FIRST READING
SB 5911 by Senators Ericksen and Schoesler
AN ACT Relating to telecommunications tax parity; amending RCW 82.14B.040, 82.14B.042, 82.14B.030, 82.14B.200, 80.36.430, 43.20A.725, 80.36.610, and 82.08.020; reenacting and amending RCW 82.14B.020 and 82.08.0289; adding new sections to chapter 80.36 RCW; creating new sections; repealing RCW 80.36.600, 82.72.010, 82.72.020, 82.72.030, 82.72.040, 82.72.050, 82.72.060, 82.72.070, and 82.72.080; prescribing penalties; providing effective dates; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways & Means.
SB 5912 by Senators Padden, Kline and Conway
AN ACT Relating to driving while under the influence of intoxicating liquor or drugs; amending RCW 46.55.360, 46.61.502, 46.61.504, 2.28.175, 3.66.068, 3.66.067, 3.50.320, 3.50.330, 35.20.255, 9.94A.525, 10.31.100, 43.43.395, 9.94A.533, 46.20.720, 46.20.270, 9.94A.603, 46.25.090, 46.25.120, 46.25.110, 9.94A.535, 3.62.090, 46.61.5249, 46.20.117, and 46.20.161; reenacting and amending RCW 46.61.5055 and 46.20.308; adding a new section to chapter 46.64 RCW; adding new sections to chapter 43.10 RCW; creating a new section; prescribing penalties; and providing an effective date.
Referred to Committee on Ways & Means.
SB 5913 by Senator Becker
AN ACT Relating to a hospital safety net assessment and quality incentive program for increased hospital payments to improve health care access for the citizens of Washington; amending RCW 74.60.005, 74.60.010, 74.60.020, 74.60.030, 74.60.050, 74.60.070, 74.60.080, 74.60.090, 74.60.100, 74.60.110, 74.60.120, 74.60.130, 74.60.140, 74.60.150, 74.60.900, and 74.60.901; reenacting and amending RCW 74.09.522; adding a new section to chapter 74.60 RCW; adding a new section to chapter 74.09 RCW; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways & Means.
MOTION
On motion of Senator Fain, all measures listed on the Supplemental Introduction and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Fain, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1068, by House Committee on Finance (originally sponsored by Representatives Manweller and Warnick)
Concerning the television reception improvement district excise tax.
The measure was read the second time.
MOTION
Senator Roach moved that the following committee striking amendment by the Committee on Governmental Operations be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.95.100 and 2009 c 549 s 4158 are each amended to read as follows:
(1) The tax provided for in RCW 36.95.090 and this section
((shall)) may not exceed sixty dollars per year per television
set((, and)) within the district. No person ((shall)) may
be taxed for more than one television set, except that a motel or hotel or any
person owning ((in excess of)) more than five television sets ((shall))
must pay at a rate of one-fifth of the annual tax rate imposed for each
of the first five television sets and one-tenth of ((such)) the
annual tax rate imposed for each additional television set ((thereafter)).
(2) An owner of a television set within the district ((shall
be)) is exempt from paying ((any tax on such set under this
chapter: (1) If either (a) his or her)) the excise tax on the
television set if:
(a) The owner's television set does not receive at least a class
grade B contour signal retransmitted by the television translator station or
other similar device operated by the district, as such class is defined under
regulations of the Federal Communications Commission as of August 9, 1971((,
or (b) he or she));
(b) The owner is currently subscribing to and receiving the
services of a community antenna system (CATV) to which ((his or her)) the
owner's television set is connected; ((and (2) if he or she filed a
statement with the board claiming his or her grounds for exemption. Space
for such statement shall be provided for in the tax notice which the treasurer
shall send to taxpayers in behalf of the district)) or
(c) The owner is currently subscribing to and receiving the services
of a satellite carrier, as that term is defined in 17 U.S.C. Sec. 119, as of
January 1, 2013.
(3) To qualify for an exemption specified in subsection (2) of this
section, an owner of a television set must file a statement with the board
claiming the owner's grounds for an exemption. Space for the statement must be
provided in tax notices sent to taxpayers pursuant to RCW 36.95.160.
Sec. 2. RCW 36.95.130 and 1985 c 76 s 2 are each amended to read as follows:
In addition to other
powers provided for under this chapter, the board ((shall have)) has
the following powers:
(1) To perform all acts necessary to assure that the purposes of this chapter will be carried out fairly and efficiently;
(2) To acquire, build,
construct, repair, own, maintain, and operate any necessary stations retransmitting
visual and aural signals intended to be received by the general public, relay
stations, pick-up stations, or any other electrical or electronic system
necessary((: PROVIDED, That)). However, the board ((shall
have)) has no power to originate programs;
(3) To make contracts to compensate any owner of land or other property for the use of such property for the purposes of this chapter;
(4) To make contracts with the United States, or any state, municipality, or any department or agency of those entities for carrying out the general purposes for which the district is formed;
(5) To acquire by gift, devise, bequest, lease, or purchase real and personal property, tangible or intangible, including lands, rights-of-way, and easements, necessary or convenient for its purposes;
(6) To make contracts of any lawful nature (including labor contracts or those for employees' benefits), employ engineers, laboratory personnel, attorneys, other technical or professional assistants, and any other assistants or employees necessary to carry out the provisions of this chapter;
(7) To contract
indebtedness or borrow money and to issue warrants or bonds to be paid from
district revenues((: PROVIDED, That)). The bonds, warrants, or
other obligations may be in any form, including bearer or registered as
provided in RCW 39.46.030((: PROVIDED FURTHER, That)). Moreover,
such warrants and bonds may be issued and sold in accordance with chapter 39.46
RCW;
(8) To prescribe excise
tax rates for ((the)) providing ((of)) services throughout the
area in accordance with the provisions of this chapter; ((and))
(9) To assist the
county treasurer in sending tax notices to taxpayers pursuant to RCW 36.95.160;
and
(10) To apply for, accept, and be the holder of any permit or
license issued by or required under federal or state law.
Sec. 3. RCW 36.95.160 and 2009 c 549 s 4161 are each amended to read as follows:
(1) The treasurer of the county in which a district is
located ((shall be ex officio)) is the treasurer of the district.
(2) The county treasurer ((shall)) must
collect the excise tax provided for under this chapter and ((shall))
send notice of payment due to persons owing the tax((: PROVIDED, That)).
To reduce costs of services performed by the county treasurer, district board
members and employees may assist the treasurer in sending tax notices to
taxpayers.
(3) Districts with fewer than twelve hundred persons subject to
the excise tax and levying an excise tax of forty dollars or more per television
set per year ((shall have the option of having the district (1) send the tax
notices bimonthly, and (2) collect the excise taxes which shall then)) may:
(a) Send tax notices bimonthly; and
(b) Collect excise tax revenue, which must be forwarded to the
county treasurer for deposit in the district account. ((There shall be
deposited with him or her all funds of the district.))
(4) All district funds must
be deposited with the county treasurer.
All district payments ((shall be made by him or her from such)) must
be made by the county treasurer from district funds upon warrants issued by
the county auditor, except the sums to be paid out of any bond fund for
principal and interest payments on bonds. All warrants ((shall)) must
be paid in the order of issuance.
(5) The treasurer ((shall)) must report
monthly to the board, in writing, the amount in the district fund or funds.
Sec. 4. RCW 36.95.180 and 1971 ex.s. c 155 s 18 are each amended to read as follows:
(1) The board ((shall)) must reimburse the
county auditor, assessor, and treasurer for the actual costs of services
performed by them in behalf of the district.
(2) A district may reduce costs of services performed by the county treasurer by assisting the treasurer in sending tax notices to taxpayers pursuant to RCW 36.95.160."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Governmental Operations to Substitute House Bill No. 1068.
The motion by Senator Roach 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 "tax;" strike the remainder of the title and insert "and amending RCW 36.95.100, 36.95.130, 36.95.160, and 36.95.180."
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1068 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Roach and Benton spoke in favor of passage of the bill.
Senator Hasegawa spoke against passage of the bill.
Senator Kline spoke on final passage of the bill
REMARKS BY THE PRESIDENT
President Owen: “Senator Benton, you know you’re not to mention the actions of the other chamber.”
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1068 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1068 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Becker, Benton, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Fain, Fraser, Frockt, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Litzow, Mullet, Padden, Parlette, Pearson, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom
Voting nay: Senators Baumgartner, Billig, Darneille, Eide, Ericksen, Hargrove, Harper, Hasegawa, Hatfield, Keiser, Kline, Kohl-Welles, McAuliffe, Murray, Nelson, Ranker and Shin
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1068 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1148, by Representatives Pedersen, Rodne, Goodman and Ryu
Addressing dissenters' rights under the Washington business corporation act.
The measure was read the second time.
MOTION
On motion of Senator Padden, the rules were suspended, House Bill No. 1148 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Padden and Kline 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. 1148.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1148 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
HOUSE BILL NO. 1148, 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. 1141, by House Committee on Capital Budget (originally sponsored by Representatives Smith, Tharinger, Short, Hunt, Stanford, Warnick and Ryu)
Establishing a water pollution control revolving loan administration charge.
The measure was read the second time.
MOTION
On motion of Senator Hill, the rules were suspended, Substitute House Bill No. 1141 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hill 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. 1141.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1141 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin and Tom
Voting nay: Senators Brown, Holmquist Newbry, Padden and Smith
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1141, 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. 1541, by House Committee on Health Care & Wellness (originally sponsored by Representatives Klippert, Cody, Schmick, Green, Harris, Chandler, Kristiansen, Morrell, Ryu, Angel, Jinkins, Van De Wege and Pollet)
Expanding the types of medications that a public or private school employee may administer to include nasal spray.
The measure was read the second time.
MOTION
Senator Dammeier moved that the following committee striking amendment by the Committee on Early Learning & K-12 Education be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.210.260 and 2012 c 16 s 1 are each amended to read as follows:
Public school districts
and private schools which conduct any of grades kindergarten through the
twelfth grade may provide for the administration of oral medication, topical
medication, eye drops, ((or)) ear drops, or nasal spray, of any
nature to students who are in the custody of the school district or school at
the time of administration, but are not required to do so by this section,
subject to the following conditions:
(1) The board of
directors of the public school district or the governing board of the private
school or, if none, the chief administrator of the private school shall adopt
policies which address the designation of employees who may administer oral
medications, topical medications, eye drops, ((or)) ear drops, or
nasal spray to students, the acquisition of parent requests and
instructions, and the acquisition of requests from licensed health
professionals prescribing within the scope of their prescriptive authority and
instructions regarding students who require medication for more than fifteen
consecutive school days, the identification of the medication to be
administered, the means of safekeeping medications with special attention given
to the safeguarding of legend drugs as defined in chapter 69.41 RCW, and the
means of maintaining a record of the administration of such medication;
(2) The board of directors shall seek advice from one or more licensed physicians or nurses in the course of developing the foregoing policies;
(3) The public school district or private school is in receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control over the student to administer the medication to the student;
(4) The public school district or the private school is in receipt of (a) a written, current and unexpired request from a licensed health professional prescribing within the scope of his or her prescriptive authority for administration of the medication, as there exists a valid health reason which makes administration of such medication advisable during the hours when school is in session or the hours in which the student is under the supervision of school officials, and (b) written, current and unexpired instructions from such licensed health professional prescribing within the scope of his or her prescriptive authority regarding the administration of prescribed medication to students who require medication for more than fifteen consecutive workdays;
(5) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to subsection (1) of this section and in substantial compliance with the prescription of a licensed health professional prescribing within the scope of his or her prescriptive authority or the written instructions provided pursuant to subsection (4) of this section. If a school nurse is on the premises, a nasal spray that is a legend drug or a controlled substance must be administered by the school nurse. If no school nurse is on the premises, a nasal spray that is a legend drug or a controlled substance may be administered by a trained school employee or parent-designated adult who is not a school nurse. The board of directors shall allow school personnel, who have received appropriate training and volunteered for such training, to administer a nasal spray that is a legend drug or a controlled substance. After a school employee who is not a school nurse administers a nasal spray that is a legend drug or a controlled substance, the employee shall summon emergency medical assistance as soon as practicable;
(6) The medication is first examined by the employee administering the same to determine in his or her judgment that it appears to be in the original container and to be properly labeled; and
(7) The board of directors shall designate a professional person licensed pursuant to chapter 18.71 RCW or chapter 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, to delegate to, train, and supervise the designated school district personnel in proper medication procedures.
(8)(a) For the purposes of
this section, "parent-designated adult" means a volunteer, who may be
a school district employee, who receives additional training from a health care
professional or expert in epileptic seizure care selected by the parents, and
who provides care for the child consistent with the individual health plan.
(b) To be eligible to be a parent-designated adult, a school district
employee not licensed under chapter 18.79 RCW must file, without coercion by
the employer, a voluntary written, current, and unexpired letter of intent
stating the employee's willingness to be a parent-designated adult. If a
school employee who is not licensed under chapter 18.79 RCW chooses not to file
a letter under this section, the employee shall not be subject to any employer
reprisal or disciplinary action for refusing to file a letter.
(9) The board of directors shall designate a professional person
licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered
nurses and advanced registered nurse practitioners, to consult and coordinate
with the student's parents and health care provider, and train and supervise
the appropriate school district personnel in proper procedures for care for
students with epilepsy to ensure a safe, therapeutic learning environment.
Training may also be provided by an epilepsy educator who is nationally
certified. Parent-designated adults who are school employees are required to receive
the training provided under this subsection. Parent-designated adults who are
not school employees must show evidence of comparable training. The
parent-designated adult must also receive additional training as established in
subsection (8)(a) of this section for the additional care the parents have
authorized the parent-designated adult to provide. The professional person
designated under this subsection is not responsible for the supervision of the
parent-designated adult for those procedures that are authorized by the
parents.
Sec. 2. RCW 28A.210.270 and 2012 c 16 s 2 are each amended to read as follows:
(1) In the event a
school employee administers oral medication, topical medication, eye drops, ((or))
ear drops, or nasal spray to a student pursuant to RCW 28A.210.260 in
substantial compliance with the prescription of the student's licensed health
professional prescribing within the scope of the professional's prescriptive
authority or the written instructions provided pursuant to RCW 28A.210.260(4),
and the other conditions set forth in RCW 28A.210.260 have been substantially
complied with, then the employee, the employee's school district or school of
employment, and the members of the governing board and chief administrator
thereof shall not be liable in any criminal action or for civil damages in
their individual or marital or governmental or corporate or other capacities as
a result of the administration of the medication.
(2) The administration
of oral medication, topical medication, eye drops, ((or)) ear drops,
or nasal spray to any student pursuant to RCW 28A.210.260 may be
discontinued by a public school district or private school and the school
district or school, its employees, its chief administrator, and members of its
governing board shall not be liable in any criminal action or for civil damages
in their governmental or corporate or individual or marital or other capacities
as a result of the discontinuance of such administration: PROVIDED, That the chief
administrator of the public school district or private school, or his or her
designee, has first provided actual notice orally or in writing in advance of
the date of discontinuance to a parent or legal guardian of the student or
other person having legal control over the student."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning & K-12 Education to Substitute House Bill No. 1541.
The motion by Senator Dammeier 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 "spray;" strike the remainder of the title and insert "and amending RCW 28A.210.260 and 28A.210.270."
MOTION
On motion of Senator Dammeier, the rules were suspended, Substitute House Bill No. 1541 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 Dammeier and McAuliffe 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. 1541 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1541 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 Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1541 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. 1400, by Representatives Bergquist, Kochmar and Jinkins
Clarifying that service includes electronic distribution of hearing notices and orders in administrative proceedings.
The measure was read the second time.
MOTION
On motion of Senator Padden, the rules were suspended, Engrossed House Bill No. 1400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Padden 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. 1400.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1400 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
ENGROSSED HOUSE BILL NO. 1400, 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. 1853, by House Committee on Labor & Workforce Development (originally sponsored by Representatives Maxwell, Hayes, Van De Wege, Kretz, Springer, Sells, Seaquist, Morrell, Ryu, Tharinger and Freeman)
Clarifying that real estate brokers licensed under chapter 18.85 RCW are independent contractors.
The measure was read the second time.
MOTION
On motion of Senator Holmquist Newbry, the rules were suspended, Substitute House Bill No. 1853 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Holmquist Newbry and Conway 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. 1853.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1853 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1853, 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. 1435, by House Committee on Judiciary (originally sponsored by Representatives Goodman and Nealey)
Clarifying agency relationships in reconveyances of deeds of trust.
The measure was read the second time.
MOTION
On motion of Senator Hobbs, the rules were suspended, Substitute House Bill No. 1435 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hobbs spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1435.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1435 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1435, 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. 1006, by Representatives Schmick and Cody
Removing the requirement that earnings from the Washington horse racing commission operating account be credited to the Washington horse racing commission class C purse fund account.
The measure was read the second time.
MOTION
On motion of Senator Hill, the rules were suspended, House Bill No. 1006 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hill 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. 1006.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1006 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
HOUSE BILL NO. 1006, 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. 1677, by Representatives Klippert, Morrell, Hope, Cody, Nealey, Walsh, Fagan and Ryu
Concerning operators of multiple adult family homes.
The measure was read the second time.
MOTION
On motion of Senator Becker, the rules were suspended, Engrossed House Bill No. 1677 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Becker and Keiser spoke in favor of passage of the bill.
MOTION
On motion of Senator Billig, Senator Kline was excused.
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1677.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1677 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senator Chase
Excused: Senators Carrell and Kline
ENGROSSED HOUSE BILL NO. 1677, 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. 1154, by Representatives Upthegrove and Ryu
Modifying the definition of nonpower attributes in the energy independence act.
The measure was read the second time.
MOTION
On motion of Senator Ericksen, the rules were suspended, House Bill No. 1154 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Ericksen and Ranker 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. 1154.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1154 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senators Carrell and Kline
HOUSE BILL NO. 1154, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1336, by House Committee on Education (originally sponsored by Representatives Orwall, Dahlquist, Pettigrew, Cody, Walsh, Green, Appleton, Freeman, Fitzgibbon, Hunt, Stonier, Kagi, Maxwell, Goodman, Moscoso, Roberts, Reykdal, Lytton, Santos, Fagan, O'Ban, Van De Wege, Jinkins, Bergquist, Pollet, McCoy, Ryu, Upthegrove, Tarleton and Fey)
Increasing the capacity of school districts to recognize and respond to troubled youth.
The measure was read the second time.
MOTION
Senator Litzow moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) According to the state department of health, suicide is the second leading cause of death for Washington youth between the ages of ten and twenty-four. Suicide rates among Washington youth remain higher than that national average;
(b) An increasing body of research shows an association between adverse childhood experiences such as trauma, violence, or abuse, and school performance. Children and teens spend a significant amount of time in school. Teachers and other school staff who interact with students daily are in a prime position to recognize the signs of emotional or behavioral distress and make appropriate referrals. School personnel need effective training to help build the skills and confidence to assist youth in seeking help;
(c) Educators are not necessarily trained to address significant social, emotional, or behavioral issues exhibited by youth. Rather, best practices guidelines suggest that school districts should form partnerships with qualified health, mental health, and social services agencies to provide support; and
(d) Current safe school plans prepared by school districts tend to focus more on natural disasters and external threats and less on how to recognize and respond to potential crises among the students inside the school.
(2) Therefore, the legislature intends to increase the capacity for school districts to recognize and respond to youth in need through additional training, more comprehensive planning, and emphasis on partnerships between schools and communities.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.410 RCW to read as follows:
(1) As provided under subsections (2) and (3) of this section, individuals certified by the professional educator standards board as a school nurse, school social worker, school psychologist, or school counselor must complete a training program on youth suicide screening and referral as a condition of certification. The training program must be at least three hours in length. The professional educator standards board must adopt standards for the minimum content of the training in consultation with the office of the superintendent of public instruction and the department of health. In developing the standards, the board must consider training programs listed on the best practices registry of the American foundation for suicide prevention and the suicide prevention resource center.
(2) This section applies to the following certificates if the certificate is first issued or is renewed on or after July 1, 2015:
(a) Continuing certificates for school nurses;
(b) Continuing certificates for school social workers;
(c) Continuing and professional certificates for school psychologists; and
(d) Continuing and professional certificates for school counselors.
(3) A school counselor who holds or submits a school counseling certificate from the national board for professional teaching standards or a school psychologist who holds or submits a school psychologist certificate from the national association of school psychologists in lieu of a professional certificate must complete the training program under subsection (1) of this section by July 1, 2015, or within the five-year period before the certificate is first submitted to the professional educator standards board, whichever is later, and at least once every five years thereafter in order to be considered certified by the professional educator standards board.
(4) The professional educator standards board shall consider the training program under subsection (1) of this section as approved continuing education under RCW 28A.415.020 and shall count the training program toward meeting continuing education requirements for certification as a school nurse, school social worker, school psychologist, or school counselor.
Sec. 3. RCW 28A.410.035 and 1990 c 90 s 1 are each amended to read as follows:
(1) To receive initial certification as a teacher in this state after August 31, 1991, an applicant shall have successfully completed a course on issues of abuse. The content of the course shall discuss the identification of physical, emotional, sexual, and substance abuse, information on the impact of abuse on the behavior and learning abilities of students, discussion of the responsibilities of a teacher to report abuse or provide assistance to students who are the victims of abuse, and methods for teaching students about abuse of all types and their prevention.
(2) The professional educator standards board shall incorporate into the content required for the course under this section, knowledge and skill standards pertaining to recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide. To receive initial certification after August 31, 2014, an applicant must have successfully completed a course that includes the content of this subsection. The board shall consult with the office of the superintendent of public instruction and the department of health in developing the standards.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.320 RCW to read as follows:
(1) Beginning in the 2014-15 school year, each school district must adopt a plan for recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide. The school district must annually provide the plan to all district staff.
(2) At a minimum the plan must address:
(a) Identification of training opportunities in recognition, screening, and referral that may be available for staff;
(b) How to use the expertise of district staff who have been trained in recognition, screening, and referral;
(c) How staff should respond to suspicions, concerns, or warning signs of emotional or behavioral distress in students;
(d) Identification and development of partnerships with community organizations and agencies for referral of students to health, mental health, substance abuse, and social support services, including development of at least one memorandum of understanding between the district and such an entity in the community or region;
(e) Protocols and procedures for communication with parents;
(f) How staff should respond to a crisis situation where a student is in imminent danger to himself or herself or others; and
(g) How the district will provide support to students and staff after an incident of violence or youth suicide.
(3) The plan under this section may be a separate plan or a component of another district plan or policy, such as the harassment, intimidation, and bullying prevention policy under RCW 28A.300.2851 or the comprehensive safe school plan required under RCW 28A.320.125.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.320 RCW to read as follows:
The office of the superintendent of public instruction and the school safety advisory committee shall develop a model school district plan for recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide. The model plan must incorporate research-based best practices, including practices and protocols used in schools and school districts in other states. The model plan must be posted by February 1, 2014, on the school safety center web site, along with relevant resources and information to support school districts in developing and implementing the plan required under section 4 of this act.
NEW SECTION. Sec. 6. A new section is added to chapter 28A.310 RCW to read as follows:
Each educational service district shall develop and maintain the capacity to offer training for educators and other school district staff on youth suicide screening and referral, and on recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide. An educational service district may demonstrate capacity by employing staff with sufficient expertise to offer the training or by contracting with individuals or organizations to offer the training. Training may be offered on a fee-for-service basis, or at no cost to school districts or educators if funds are appropriated specifically for this purpose or made available through grants or other sources.
NEW SECTION. Sec. 7. The office of the superintendent of public instruction shall convene a temporary task force to identify best practices, model programs, and successful strategies for school districts to form partnerships with qualified health, mental health, and social services agencies in the community to coordinate and improve support for youth in need. The task force shall identify and develop resource documents to be posted on the school safety center web site, and submit a report with recommendations to the education committees of the legislature by December 1, 2013. The task force shall also explore the potential use of advance online youth emotional health and crisis response systems that have been developed for use in other countries. The task force must include the results of the review in its December 1st report.
NEW SECTION. Sec. 8. (1) The legislature finds that a lack of information about mental health problems among the general public leads to stigmatizing attitudes and prevents people from seeking help early and seeking the best sort of help. It also prevents people from providing support to family members, friends, and colleagues because they might not know what to do. This lack of knowledge about mental health problems limits the initial accessibility of evidence-based treatments and leads to a lack of support for people with a mental disorder from family, friends, and other members of the community.
(2) The focus on training for teachers and educational staff is intended to provide opportunities for early intervention when the first signs of developing mental illness may be recognized in children, teens, and young adults, so that appropriate referrals may be made to evidence-based behavioral health services.
NEW SECTION. Sec. 9. A new section is added to chapter 71.24 RCW to read as follows:
Subject to appropriation for this specific purpose, the department shall provide funds for mental health first-aid training targeted at teachers and educational staff. The training will follow the model developed by the department of psychology in Melbourne, Australia. Instruction provided will describe common mental disorders that arise in youth, their possible causes and risk factors, the availability of evidence-based medical, psychological, and alternative treatments, processes for making referrals for behavioral health services, and methods to effectively render assistance in both initial intervention and crisis situations. The department shall collaborate with the office of the superintendent of public instruction to identify sites and methods of instruction that leverage local resources to the extent possible for the purpose of making the mental health first-aid training broadly available.
NEW SECTION. Sec. 10. This act does not create any civil liability on the part of the state or any state agency, officer, employee, agent, political subdivision, or school district."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 1336.
The motion by Senator Litzow 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 "youth;" strike the remainder of the title and insert "amending RCW 28A.410.035; adding a new section to chapter 28A.410 RCW; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.310 RCW; adding a new section to chapter 71.24 RCW; and creating new sections."
MOTION
On motion of Senator Litzow, the rules were suspended, Engrossed Substitute House Bill No. 1336 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 Litzow and Rolfes spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1336 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1336 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senator Padden
Excused: Senators Carrell and Kline
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1336 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1515, by House Committee on Health Care & Wellness (originally sponsored by Representatives Cody, Jinkins, Green, Morrell and Ryu)
Concerning medical assistants.
The measure was read the second time.
MOTION
On motion of Senator Becker, the rules were suspended, Engrossed Substitute House Bill No. 1515 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Becker and Keiser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1515.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1515 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senators Carrell and Kline
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1515, 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.
Senator Sheldon assumed the chair.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1192, by House Committee on Appropriations Subcommittee on General Government (originally sponsored by Representatives Short, Blake, Takko, Taylor, Kretz, Crouse, Springer, Chandler, Ryu and Morrell)
Regarding license fees under Title 77 RCW for veterans with disabilities.
The measure was read the second time.
MOTION
On motion of Senator Pearson, the rules were suspended, Substitute House Bill No. 1192 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Pearson 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. 1192.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1192 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senators Carrell and Kline
SUBSTITUTE HOUSE BILL NO. 1192, 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. 1404, by Representatives Liias, Walsh, Goodman, Roberts and Jinkins
Preventing alcohol poisoning deaths.
The measure was read the second time.
MOTION
On motion of Senator Padden, the rules were suspended, House Bill No. 1404 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Padden spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1404.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1404 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Chase, Cleveland, Conway, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin and Tom
Voting nay: Senators Brown, Dammeier and Smith
Excused: Senators Carrell and Kline
HOUSE BILL NO. 1404, 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. 1093, by House Committee on Government Operations & Elections (originally sponsored by Representatives Shea, Overstreet and Taylor)
Regarding state agency lobbying activities.
The measure was read the second time.
MOTION
Senator Hasegawa moved that the following amendment by Senator Hasegawa be adopted:
On page 3, after line 4, insert the following:
"Sec. 2. RCW 42.17A.055 and 2010 c 204 s 202 are each amended to read as follows:
(1) The commission shall make available to candidates, public officials, and political committees that are required to file reports under this chapter an electronic filing alternative for submitting financial affairs reports, contribution reports, and expenditure reports.
(2) The commission shall make available to lobbyists and lobbyists' employers required to file reports under RCW 42.17A.600, 42.17A.615, 42.17A.625, or 42.17A.630 an electronic filing alternative for submitting these reports.
(3) State agencies
required to report under RCW 42.17A.635 must file all reports electronically.
(4) The commission shall make available to candidates, public
officials, political committees, lobbyists, and lobbyists' employers an
electronic copy of the appropriate reporting forms at no charge."
Renumber the remaining section consecutively.
On page 1, line 2 of the title, after "42.17A.750" insert "and 42.17A.055"
Senators Hasegawa and Fraser spoke in favor of adoption of the amendment.
Senators Roach and Padden spoke against adoption of the amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Hasegawa on page 3, after line 4 to Substitute House Bill No. 1093.
The motion by Senator Hasegawa failed and the amendment was not adopted by voice vote.
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1093 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Roach, Benton and Padden spoke in favor of passage of the bill.
Senators Fraser and Hasegawa spoke against passage of the bill.
Senator Rolfes spoke on final passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1093.
MOTION
On motion of Senator Fain, further consideration of Substitute House Bill No. 1093 was deferred and the bill held its place on the third reading calendar.
The President assumed the chair.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1291, by House Committee on Public Safety (originally sponsored by Representatives Orwall, Kochmar, Hope, Parker, Goodman, Jinkins, Upthegrove, Ryu, Stanford, Roberts, Hurst, Morrell, Tarleton, Wylie, Bergquist and Ormsby)
Concerning services for victims of the sex trade.
The measure was read the second time.
MOTION
Senator Padden moved that the following striking amendment by Senators Padden and Kohl-Welles be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes there are many state agencies and private organizations that might be called on to provide services to victims of sex trafficking. Victims of human trafficking are often in need of services such as emergency medical attention, food and shelter, vocational and English language training, mental health counseling, and legal support. The state intends to improve the response of state, local, and private entities to incidents of trafficking of humans. Victims would be better served if there is an established, coordinated system of identifying the needs of sex trafficking victims, training of service delivery agencies and staff, timely and appropriate delivery of services, and better investigations and prosecutions of trafficking.
Leadership in providing services to victims of sex trafficking also extends beyond government efforts and is grounded in the work of highly dedicated individuals and community-based groups. Without these efforts the struggle against human trafficking will be very difficult to win. The legislature, therefore, finds that such efforts merit regular public recognition and appreciation. Such recognition and appreciation will encourage the efforts of all persons to end sex trafficking, and provide the public with information and education about the necessity of its involvement in this struggle.
NEW SECTION. Sec. 2. A new section is added to chapter 43.280 RCW to read as follows:
(1) The statewide coordinating committee on sex trafficking is established to address the issues of sex trafficking, to examine the practices of local and regional entities involved in addressing sex trafficking, and to develop a statewide plan to address sex trafficking.
(2) The committee is administered by the department of commerce and consists of the following members:
(a) Two members of the house of representatives, one from each caucus, and two members of the senate, one from each caucus, to be appointed by the speaker of the house of representatives and the president of the senate, respectively;
(b) A representative of the Washington attorney general's office;
(c) The president or corporate executive officer of the center for children and youth justice or his or her designee;
(d) The secretary of the children's administration or his or her designee;
(e) The secretary of the juvenile rehabilitation administration or his or her designee;
(f) The superintendent of public instruction or his or her designee;
(g) A representative of the administrative office of the courts appointed by the administrative office of the courts;
(h) The executive director of the Washington association of sheriffs and police chiefs or his or her designee;
(i) The executive director of the Washington state criminal justice training commission or his or her designee;
(j) Representatives of community advocacy groups that work to address the issues of human trafficking, to be appointed by the department of commerce's office of crime victims advocacy;
(k) A representative of the Washington association of prosecuting attorneys appointed by the association;
(l) Representatives of community service providers that serve victims of human trafficking, to be appointed by the department of commerce's office of crime victims advocacy;
(m) The executive director of Washington engage or his or her designee;
(n) A representative from shared hope international or his or her designee;
(o) The executive director of the Washington coalition of crime victim advocates or his or her designee;
(p) The executive director of the Washington coalition of sexual assault programs or his or her designee;
(q) The executive director of the Washington state coalition against domestic violence or his or her designee;
(r) The executive director of the Washington association of cities or his or her designee;
(s) The executive director of the Washington association of counties or his or her designee; and
(t) The director or a representative from the crime victims compensation program.
(3) The duties of the committee include, but are not limited to:
(a) Gathering and assessing service practices from diverse sources regarding service demand and delivery;
(b) Analyzing data regarding the implementation of sex trafficking legislation passed in recent years by the legislature, including reports submitted to the department of commerce pursuant to RCW 9.68A.105, 9A.88.120, and 9A.88.140, and assessing the efficacy of such legislation in addressing sex trafficking, as well as any obstacles to the impact of legislation on the commercial sex trade;
(c) Receiving and reviewing reports, recommendations, and statewide protocols as implemented in the pilot sites selected by the center for children and youth justice regarding commercially sexually exploited youth submitted to the committee by organizations that coordinate local community response practices and regional entities concerned with commercially sexually exploited youth; and
(d) Gathering and reviewing existing data, research, and literature to help shape a plan of action to address human trafficking in Washington to include:
(i) Strategies for Washington to undertake to end sex trafficking; and
(ii) Necessary data collection improvements.
(4) The committee shall meet twice and, by December 2014, produce a report on its activities, together with a statewide plan to address sex trafficking in Washington, to the governor's office and the legislature.
(5) All expenses of the committee shall come from the prostitution prevention and intervention account created in RCW 43.63A.740.
(6) The members of the committee shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, within available resources.
(7) The committee expires June 30, 2015.
Sec. 3. RCW 43.63A.740 and 2010 c 289 s 18 are each amended to read as follows:
The prostitution
prevention and intervention account is created in the state treasury. ((All
designated receipts from fees under RCW 9.68A.105 and 9A.88.120 and fines
collected under RCW 9A.88.140 shall be deposited into the account.))
Expenditures from the account may be used in the following order of priority:
(1) Funding the
statewide coordinating committee on sex trafficking;
(2) Programs that provide mental health and substance abuse
counseling, parenting skills training, housing relief, education, and
vocational training for youth who have been diverted for a prostitution or
prostitution loitering offense pursuant to RCW 13.40.213;
(((2))) (3)
Funding for services provided to sexually exploited children as defined in RCW
13.32A.030 in secure and semi-secure crisis residential centers with access to
staff trained to meet their specific needs;
(((3))) (4)
Funding for services specified in RCW 74.14B.060 and 74.14B.070 for sexually
exploited children; and
(((4))) (5)
Funding the grant program to enhance prostitution prevention and intervention
services under RCW 43.63A.720.
Sec. 4. RCW 9.68A.105 and 2012 c 134 s 4 are each amended to read as follows:
(1)(a) In addition to penalties set forth in RCW 9.68A.100, 9.68A.101, and 9.68A.102, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance shall be assessed a five thousand dollar fee.
(b) The court may not reduce, waive, or suspend payment of all or part of the fee assessed unless it finds, on the record, that the person does not have the ability to pay in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(c) When a minor has been adjudicated a juvenile offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an adult, would constitute a violation of RCW 9.68A.100, 9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance, the court shall assess the fee under (a) of this subsection. The court may not reduce, waive, or suspend payment of all or part of the fee assessed unless it finds, on the record, that the minor does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(2) Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
(a) At least fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services for victims, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
(b) Two percent of
the revenue from fees imposed under this section shall be remitted quarterly to
the department of commerce, together with a report detailing the fees assessed,
the revenue received, and how that revenue was spent.
(c) Revenues from these fees are not subject to the distribution
requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
(3) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.
Sec. 5. RCW 9A.88.120 and 2012 c 134 s 3 are each amended to read as follows:
(1)(a) In addition to penalties set forth in RCW 9A.88.010 and 9A.88.030, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.010, 9A.88.030, or comparable county or municipal ordinances shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.090, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.090 or comparable county or municipal ordinances shall be assessed a fee in the amount of:
(i) One thousand five hundred dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
(ii) Two thousand five hundred dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
(iii) Five thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
(c) In addition to penalties set forth in RCW 9A.88.110, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.110 or a comparable county or municipal ordinance shall be assessed a fee in the amount of:
(i) One thousand five hundred dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
(ii) Two thousand five hundred dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
(iii) Five thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
(d) In addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal ordinances shall be assessed a fee in the amount of:
(i) Three thousand dollars if the defendant has no prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense;
(ii) Six thousand dollars if the defendant has one prior conviction, deferred sentence, deferred prosecution, or statutory or nonstatutory diversion agreement for this offense; and
(iii) Ten thousand dollars if the defendant has two or more prior convictions, deferred sentences, deferred prosecutions, or statutory or nonstatutory diversion agreements for this offense.
(2) When a minor has been adjudicated a juvenile offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an adult, would constitute a violation under this chapter or comparable county or municipal ordinances, the court shall assess the fee as specified under subsection (1) of this section.
(3) The court shall not reduce, waive, or suspend payment of all or part of the assessed fee in this section unless it finds, on the record, that the offender does not have the ability to pay the fee in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee.
(a) A superior court may,
as described in RCW 9.94A.760, set a sum that the offender is required to pay
on a monthly basis towards satisfying the fee imposed in this section.
(b) A district or municipal court may enter into a payment plan with
the defendant, in which the fee assessed in this section is paid through
scheduled periodic payments. The court may assess the defendant a reasonable
fee for administrative services related to the operation of the payment plan.
(4) Fees assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fees must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
(a) At least fifty percent of the revenue from fees imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services for victims, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
(b) Two percent of
the revenue from fees imposed under this section shall be remitted quarterly to
the department of commerce, together with a report detailing the fees assessed,
the revenue received, and how that revenue was spent.
(c) Revenues from these fees are not subject to the distribution
requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
(5) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county, or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.
Sec. 6. RCW 9A.88.140 and 2010 c 289 s 12 are each amended to read as follows:
(1)(a) Upon an arrest for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, the arresting law enforcement officer may impound the person's vehicle if (i) the motor vehicle was used in the commission of the crime; (ii) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465; and (iii) either (A) the person arrested has previously been convicted of one of the offenses listed in this subsection or (B) the offense was committed within an area designated under (b) of this subsection.
(b) A local governing authority may designate areas within which vehicles are subject to impoundment under this section regardless of whether the person arrested has previously been convicted of any of the offenses listed in (a) of this subsection.
(i) The designation must be based on evidence indicating that the area has a disproportionately higher number of arrests for the offenses listed in (a) of this subsection as compared to other areas within the same jurisdiction.
(ii) The local governing authority shall post signs at the boundaries of the designated area to indicate that the area has been designated under this subsection.
(2) Upon an arrest for a suspected violation of commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor, the arresting law enforcement officer shall impound the person's vehicle if (a) the motor vehicle was used in the commission of the crime; and (b) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465.
(3) Impoundments performed under this section shall be in accordance with chapter 46.55 RCW and the impoundment order must clearly state "prostitution hold."
(4)(a) Prior to
redeeming the impounded vehicle, and in addition to all applicable impoundment,
towing, and storage fees paid to the towing company under chapter 46.55 RCW,
the owner of the impounded vehicle must pay a fine to the impounding agency.
The fine shall be five hundred dollars for the offenses specified in subsection
(1) of this section, or two thousand five hundred dollars for the offenses
specified in subsection (2) of this section. ((The fine shall be deposited
in the prostitution prevention and intervention account established under RCW
43.63A.740.))
(b) Upon receipt of the fine paid under (a) of this subsection, the impounding agency shall issue a written receipt to the owner of the impounded vehicle.
(c) Fines assessed under
this section shall be collected by the clerk of the court and remitted to the
treasurer of the county where the offense occurred for deposit in the county
general fund, except in cases in which the offense occurred in a city or town
that provides for its own law enforcement, in which case these amounts shall be
remitted to the treasurer of the city or town for deposit in the general fund
of the city or town. Revenue from the fines must be used for local efforts to
reduce the commercial sale of sex including, but not limited to, increasing
enforcement of commercial sex laws.
(i) At least fifty percent of the revenue from fines imposed under
this section must be spent on prevention, including education programs for
offenders, such as john school, and rehabilitative services for victims, such
as mental health and substance abuse counseling, parenting skills, training,
housing relief, education, vocational training, drop-in centers, and employment
counseling.
(ii) Two percent of the revenue from fines imposed under this section
shall be remitted quarterly to the department of commerce, together with a
report detailing the fees assessed, the revenue received, and how that revenue
was spent.
(iii) Revenues from these fees are not subject to the distribution
requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
(5)(a) In order to redeem a vehicle impounded under this section, the owner must provide the towing company with the written receipt issued under subsection (4)(b) of this section.
(b) The written receipt issued under subsection (4)(b) of this section authorizes the towing company to release the impounded vehicle upon payment of all impoundment, towing, and storage fees.
(c) A towing company that relies on a forged receipt to release a vehicle impounded under this section is not liable to the impounding authority for any unpaid fine under subsection (4)(a) of this section.
(6)(a) In any proceeding under chapter 46.55 RCW to contest the validity of an impoundment under this section where the claimant substantially prevails, the claimant is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter 46.55 RCW and the five hundred dollar fine paid under subsection (4) of this section.
(b) If the person is found not guilty at trial for a crime listed under subsection (1) of this section, the person is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter 46.55 RCW and the fine paid under subsection (4) of this section.
(c) All refunds made under this section shall be paid by the impounding agency.
(d) Prior to receiving any refund under this section, the claimant must provide proof of payment.
NEW SECTION. Sec. 7. A new section is added to chapter 43.280 RCW to read as follows:
(1) The department of commerce shall prepare and submit an annual report to the legislature on the amount of revenue collected by local jurisdictions under RCW 9.68A.105, 9A.88.120, or 9A.88.140 and the expenditure of that revenue.
(2) Any funds remitted to the department of commerce pursuant to RCW 9.68A.105, 9A.88.120, or 9A.88.140 shall be spent on the fulfillment of the duties described in subsection (1) of this section. Any remaining funds may be spent on the administration of grants for services for victims of the commercial sex trade, consistent with this chapter."
Senators Padden and Kohl-Welles 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 Padden and Kohl-Wells to Engrossed Substitute House Bill No. 1291.
The motion by Senator Padden 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 "trade;" strike the remainder of the title and insert "amending RCW 43.63A.740, 9.68A.105, 9A.88.120, and 9A.88.140; adding new sections to chapter 43.280 RCW; and creating a new section."
MOTION
On motion of Senator Padden, the rules were suspended, Engrossed Substitute House Bill No. 1291 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 Padden and Kohl-Welles spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1291 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1291 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senators Carrell and Kline
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1291 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1944, by House Committee on Transportation (originally sponsored by Representative Haler)
Addressing vehicle license plate and registration fraud.
The measure was read the second time.
MOTION
On motion of Senator Eide, the rules were suspended, Engrossed Substitute House Bill No. 1944 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Eide and King spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1944.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1944 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1944, 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. 1108, by Representatives Goodman, Jinkins, Wylie, Pedersen, Green, Roberts, Pettigrew, Maxwell, Orwall, Appleton, Ryu, Morrell and Bergquist
Modifying the definition of rape in the third degree and indecent liberties.
The measure was read the second time.
MOTION
On motion of Senator Padden, the rules were suspended, House Bill No. 1108 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Padden 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. 1108.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1108 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
HOUSE BILL NO. 1108, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1774, by House Committee on Early Learning & Human Services (originally sponsored by Representatives Freeman, Goodman, Haler, Roberts, Farrell, Kagi, Stanford, Stonier, Bergquist, Ryu, O'Ban, Morrell, Fey, Pollet and Santos)
Measuring performance of the child welfare system.
The measure was read the second time.
MOTION
Senator Pearson moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature recognizes that the goals of the child welfare system are to protect the safety, permanence, and well-being of the children it serves. The legislature further recognizes the importance of maintaining publicly accessible data that tracks the performance of the child welfare system, leading to transparency and public understanding of the system.
(2) The legislature believes it is important to measure safety, permanence, and well-being such that the public and the legislature may understand how the child welfare system is performing. This information will also serve the legislature in determining priorities for investment of public dollars as well as need for substantive legislative changes to facilitate improvement.
(3) The reports to the legislature under section 2 of this act will be used to provide feedback to the department of social and health services. The agencies referenced in section 2 of this act will not disclose individually identifiable private information except as allowable under federal and state law.
NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:
(1) A university-based child welfare research entity shall develop measurements in the areas of safety, permanency, and well-being, using existing and available data. Measurements must be calculated from data used in the routine work of the state agencies' data and information technology departments. Any new record linkage or data-matching activities required in fulfillment of this section may be performed by the research entity pursuant to agreements developed under subsection (6) of this section.
(2) For the purposes of this section, "state agencies" means any agency or subagency providing data used in the integrated client database maintained by the research and data analysis division of the department. Any exchange of data must be in accordance with applicable federal and state law.
(3) All measurements must use a methodology accepted by the scientific community. All measurements must address any disproportionate racial and ethnic inequality. The initial measurements must be developed by December 1, 2013.
(4) The measurements may not require the state agencies to revise their data collection systems, and may not require the state agencies to provide individually identifiable information.
(5) The state agencies shall provide the research entity with all measurement data related to the measurements developed under this section at least quarterly beginning July 1, 2014. The research entity shall make any nonidentifiable data publicly available. The research entity shall report on the data to the legislature and the governor annually starting December 31, 2014.
(6) By January 1, 2014, the state agencies shall execute agreements with the research entity to enable sharing of data pursuant to RCW 42.48.020 sufficient to comply with this section.
(7) The fact that the research entity has chosen to use a specific measure, use a specific baseline, or compare any measure to a baseline is not admissible as evidence of negligence by the department in a civil action.
Sec. 3. RCW 74.13B.020 and 2012 c 205 s 3 are each amended to read as follows:
(1) No later than ((December
1, 2013)) July 1, 2014, the department shall enter into
performance-based contracts for the provision of family support and related
services. The department may enter into performance-based contracts for
additional services, other than case management.
(2) ((Beginning
December 1, 2013, the department may not renew its current contracts with
individuals or entities for the provision of the child welfare services included
in performance-based contracts under this section for services in geographic
areas served by network administrators under such contracts, except as mutually
agreed upon between the department and the network administrator to allow for
the successful transition of services that meet the needs of children and
families.
(3))) The department shall conduct a procurement process to enter
into performance-based contracts with one or more network administrators for
family support and related services. As part of the procurement process, the
department shall consult with department caseworkers, the exclusive bargaining
representative for employees of the department, tribal representatives, parents
who were formerly involved in the child welfare system, youth currently or
previously in foster care, child welfare services researchers, and the
Washington state institute for public policy to assist in identifying the
categories of family support and related services that will be included in the
procurement. The categories of family support and related services shall be
defined no later than July 15, 2012. In identifying services, the department
must review current data and research related to the effectiveness of family
support and related services that mitigate child safety concerns and promote
permanency, including reunification, and child well-being. Expenditures for
family support and related services purchased under this section must remain
within the levels appropriated in the operating budget.
(((4))) (3)(a)
Network administrators shall, directly or through subcontracts with service
providers:
(i) Assist caseworkers in meeting their responsibility for implementation of case plans and individual service and safety plans; and
(ii) Provide the family support and related services within the categories of contracted services that are included in a child or family's case plan or individual service and safety plan within funds available under contract.
(b) While the department caseworker retains responsibility for case management, nothing in chapter 205, Laws of 2012 limits the ability of the department to continue to contract for the provision of case management services by child-placing agencies, behavioral rehabilitation services agencies, or other entities that provided case management under contract with the department prior to July 1, 2005.
(((5))) (4)
In conducting the procurement, the department shall actively consult with other
state agencies with relevant expertise, such as the health care authority, and
with philanthropic entities with expertise in performance-based contracting for
child welfare services. The director of the office of financial management
must approve the request for proposal prior to its issuance.
(((6))) (5)
The procurement process must be developed and implemented in a manner that
complies with applicable provisions of intergovernmental agreements between the
state of Washington and tribal governments and must provide an opportunity for
tribal governments to contract for service delivery through network
administrators.
(((7))) (6)
The procurement and resulting contracts must include, but are not limited to,
the following standards and requirements:
(a) The use of family engagement approaches to successfully motivate families to engage in services and training of the network's contracted providers to apply such approaches;
(b) The use of parents and youth who are successful veterans of the child welfare system to act as mentors through activities that include, but are not limited to, helping families navigate the system, facilitating parent engagement, and minimizing distrust of the child welfare system;
(c) The establishment of qualifications for service providers participating in provider networks, such as appropriate licensure or certification, education, and accreditation by professional accrediting entities;
(d) Adequate provider capacity to meet the anticipated service needs in the network administrator's contracted service area. The network administrator must be able to demonstrate that its provider network is culturally competent and has adequate capacity to address disproportionality, including utilization of tribal and other ethnic providers capable of serving children and families of color or who need language-appropriate services;
(e) Fiscal solvency of network administrators and providers participating in the network;
(f) The use of evidence-based, research-based, and promising practices, where appropriate, including fidelity and quality assurance provisions;
(g) Network administrator quality assurance activities, including monitoring of the performance of providers in their provider network, with respect to meeting measurable service outcomes;
(h) Network administrator data reporting, including data on contracted provider performance and service outcomes; and
(i) Network administrator compliance with applicable provisions of intergovernmental agreements between the state of Washington and tribal governments and the federal and Washington state Indian child welfare act.
(((8))) (7)
As part of the procurement process under this section, the department shall
issue the request for proposals or request for information no later than
December 31, ((2012. The department shall notify the apparently successful
bidders no later than June 30, 2013)) 2013, shall begin implementation
of performance-based contracting no later than July 1, 2014, and shall fully
implement performance-based contracting no later than July 1, 2015.
(((9))) (8)
Performance-based payment methodologies must be used in network administrator
contracting. Performance measures should relate to successful engagement by a
child or parent in services included in their case plan, and resulting
improvement in identified problem behaviors and interactions. For the initial
three-year period of implementation of performance-based contracting, the
department may transfer financial risk for the provision of services to network
administrators only to the limited extent necessary to implement a
performance-based payment methodology, such as phased payment for services.
However, the department may develop a shared savings methodology through which
the network administrator will receive a defined share of any savings that
result from improved performance. If the department receives a Title IV-E
waiver, the shared savings methodology must be consistent with the terms of the
waiver. If a shared savings methodology is adopted, the network administrator
shall reinvest the savings in enhanced services to better meet the needs of the
families and children they serve.
(((10))) (9)
The department must actively monitor network administrator compliance with the
terms of contracts executed under this section.
(((11))) (10)
The use of performance‑based contracts under this section must be done in
a manner that does not adversely affect the state's ability to continue to
obtain federal funding for child welfare-related functions currently performed
by the state and with consideration of options to further maximize federal
funding opportunities and increase flexibility in the use of such funds,
including use for preventive and in‑home child welfare services.
Sec. 4. RCW 74.13.360 and 2012 c 205 s 8 are each amended to read as follows:
(1) No later than
December 30, ((2015)) 2016:
(a) In the demonstration sites selected under RCW 74.13.368(4)(a), child welfare services shall be provided by supervising agencies with whom the department has entered into performance-based contracts. Supervising agencies may enter into subcontracts with other licensed agencies; and
(b) Except as provided in subsection (3) of this section, and notwithstanding any law to the contrary, the department may not directly provide child welfare services to families and children provided child welfare services by supervising agencies in the demonstration sites selected under RCW 74.13.368(4)(a).
(2) No later than
December 30, ((2015)) 2016, for families and children provided
child welfare services by supervising agencies in the demonstration sites
selected under RCW 74.13.368(4)(a), the department is responsible for only the
following:
(a) Monitoring the quality of services for which the department contracts under this chapter;
(b) Ensuring that the services are provided in accordance with federal law and the laws of this state, including the Indian child welfare act;
(c) Providing child protection functions and services, including intake and investigation of allegations of child abuse or neglect, emergency shelter care functions under RCW 13.34.050, and referrals to appropriate providers; and
(d) Issuing licenses pursuant to chapter 74.15 RCW.
(3) No later than
December 30, ((2015)) 2016, for families and children provided
child welfare services by supervising agencies in the demonstration sites
selected under RCW 74.13.368(4)(a), the department may provide child welfare
services only:
(a) For the limited purpose of establishing a control or comparison group as deemed necessary by the child welfare transformation design committee, with input from the Washington state institute for public policy, to implement the demonstration sites selected and defined pursuant to RCW 74.13.368(4)(a) in which the performance in achieving measurable outcomes will be compared and evaluated pursuant to RCW 74.13.370; or
(b) In an emergency or as a provider of last resort. The department shall adopt rules describing the circumstances under which the department may provide those services. For purposes of this section, "provider of last resort" means the department is unable to contract with a private agency to provide child welfare services in a particular geographic area or, after entering into a contract with a private agency, either the contractor or the department terminates the contract.
(4) For purposes of this chapter, on and after September 1, 2010, performance-based contracts shall be structured to hold the supervising agencies accountable for achieving the following goals in order of importance: Child safety; child permanency, including reunification; and child well-being.
(5) A federally recognized tribe located in this state may enter into a performance-based contract with the department to provide child welfare services to Indian children whether or not they reside on a reservation. Nothing in this section prohibits a federally recognized Indian tribe located in this state from providing child welfare services to its members or other Indian children pursuant to existing tribal law, regulation, or custom, or from directly entering into agreements for the provision of such services with the department, if the department continues to otherwise provide such services, or with federal agencies.
NEW SECTION. Sec. 5. RCW 74.13.368 (Performance-based contracts‑-Child welfare transformation design committee) and 2012 c 205 s 10, 2010 c 291 s 2, & 2009 c 520 s 8 are each suspended as of the effective date of this section until December 1, 2015."
MOTION
Senator Darneille moved that the following amendment by Senator Darneille to the committee striking amendment be adopted:
On page 1, line 22 of the amendment, after "entity" insert "and the department, in collaboration with other stakeholders,"
Senator Darneille spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Darneille on page 1, line 22 to the committee striking amendment to Engrossed Substitute House Bill No. 1774.
The motion by Senator Darneille carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections as amended to Engrossed Substitute House Bill No. 1774.
The motion by Senator Pearson carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "measuring performance and performance-based contracting of the child welfare system; amending RCW 74.13B.020 and 74.13.360; adding a new section to chapter 74.13 RCW; and creating new sections."
MOTION
On motion of Senator Pearson, the rules were suspended, Engrossed Substitute House Bill No. 1774 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 Pearson and Darneille spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1774 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1774 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 Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1774 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1207, by Representatives Haigh, Takko and Ryu
Concerning cemetery district formation requirements.
The measure was read the second time.
MOTION
Senator Sheldon moved that the following striking amendment by Senator Sheldon be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 68.52.100 and 2008 c 96 s 1 are each amended to read as follows:
((For the purpose of
forming)) (1) To form a cemetery district, a petition designating
the boundaries of the proposed district by metes and bounds or describing the
lands to be included in the proposed district by government townships, ranges,
and legal subdivisions, ((signed by not less than ten percent of the
registered voters who reside within the boundaries of the proposed district,))
setting forth the object of the formation of ((such)) the proposed
district, and stating that the ((establishment thereof)) formation
of the proposed district will be conducive to the public welfare and
convenience, ((shall)) must be filed with the county auditor of
the county ((within)) in which the proposed district is located,
accompanied by an obligation signed by two or more petitioners agreeing to pay
the cost of publishing the notice ((hereinafter provided for.)) specified
in RCW 68.52.120.
(2) The petition must be signed by at least ten percent of the
registered voters in the proposed district. However, in counties with only one
municipality the petition must be signed by at least ten percent of the
registered voters in the proposed district, based on the total vote cast in the
most recent county general election.
(3) The county auditor ((shall)) must, within thirty
days from the date of filing of ((such)) the petition, examine
the signatures and certify ((to)) the sufficiency or insufficiency ((thereof.))
of the petition.
(4) Notwithstanding subsection (3) of this section, in counties with
only one municipality the county auditor must examine the signatures and
certify the sufficiency or insufficiency of the petition within fifteen days
from the date of filing of the petition. If the county auditor certifies that
the petition is insufficient, the county auditor must afford the person who
filed the petition ten days from that certification to add additional
signatures to the petition. The petition must be refiled by the end of that
period. Within fifteen days from the date of refiling, the county auditor must
examine the signatures and certify the sufficiency or insufficiency of the
petition.
(5) The name of any person who signed a petition ((shall)) may
not be withdrawn from the petition after it has been filed with the county
auditor.
(6) If the petition is found to contain a sufficient
number of valid signatures, the county auditor ((shall)) must
transmit it, with a certificate of sufficiency attached, to the county
legislative authority, which ((shall)) must thereupon, by
resolution entered upon its minutes, receive the ((same)) petition
and fix a day and hour when it will publicly hear the petition.
(7) For the purposes of this section, "municipality" means a city or town.
Sec. 2. RCW 68.52.110 and 1947 c 6 s 3 are each amended to read as follows:
The ((hearing on such
petition shall be at the office of the board of county commissioners and shall
be held)) county legislative authority must conduct a hearing on the
petition not less than twenty nor more than forty days from the date of
receipt ((thereof)) of the petition from the county auditor. The
hearing may be completed on the day set ((therefor)) for hearing the
petition or it may be adjourned from time to time as ((may be))
necessary, but ((such adjournment or adjournments shall not extend the time
for determining said petition more than sixty days in all from the date of
receipt by the board)) an adjournment may not extend the time for the
county legislative authority's determination pursuant to RCW 68.52.140 more
than sixty days from the date of receipt of the petition from the county
auditor.
Sec. 3. RCW 68.52.120 and 2012 c 117 s 319 are each amended to read as follows:
((A copy of)) The
text of the petition with the names of petitioners omitted((, together
with)) and a notice signed by the clerk of the ((board of county
commissioners)) county legislative authority stating the day, hour,
and place of the hearing((, shall)) must be published in three
consecutive weekly issues of the official newspaper of the county prior to the
date of the hearing. ((Said clerk shall)) The clerk must
also cause a copy of the petition with the names of petitioners omitted, ((together))
with a copy of the notice attached, to be posted for not less than fifteen days
before the date of the hearing in ((each of)) three public places
((within the boundaries of)) in the proposed district, to be
previously designated by him or her and made a matter of record in the
proceedings.
Sec. 4. RCW 68.52.130 and 1947 c 6 s 5 are each amended to read as follows:
At the time and place
fixed for the hearing on the petition or at any adjournment thereof, the
((board of county commissioners shall hear said)) county legislative
authority must hear the petition and receive such evidence as it may deem
material in favor of or opposed to the formation of the proposed cemetery
district or to the inclusion ((therein)) or exclusion ((therefrom))
of any lands in the proposed district, but no lands not within the
boundaries of the proposed district as described in the petition ((shall))
may be included without a written waiver describing the land, executed
by all persons having any interest of record therein, having been filed in the
proceedings. No land within the boundaries described in the petition ((shall))
may be excluded from the proposed district.
Sec. 5. RCW 68.52.140 and 1996 c 324 s 3 are each amended to read as follows:
((The county
legislative authority shall have full authority to hear and determine the
petition, and if it finds that the formation of the district will be conducive
to the public welfare and convenience, it shall by resolution so declare,
otherwise it shall deny the petition. If the county legislative authority
finds in favor of the formation of the district, it shall designate the name
and number of the district, fix the boundaries thereof, and cause an election
to be held therein for the purpose of determining whether or not the district
shall be organized under the provisions of this chapter, and for the purpose of
electing its first cemetery district commissioners. At the same election three
cemetery district commissioners shall be elected, but the election of the
commissioners shall be null and void if the district is not created. No
primary shall be held for the office of cemetery district commissioner. A
special filing period shall be opened as provided in RCW 29.15.170 and
29.15.180. Candidates shall run for specific commissioner positions. The
person receiving the greatest number of votes for each commissioner position
shall be elected to that commissioner)) (1) After conducting the hearing
on the petition, if the county legislative authority determines that the
formation of the proposed cemetery district will be conducive to the public
welfare and convenience, the county legislative authority must by resolution so
declare, otherwise the county legislative authority must deny the petition.
(2) If the county legislative authority finds in favor of the
formation of the proposed district, the county legislative authority must
designate the name and number of the proposed district, fix the boundaries of
the proposed district, and cause an election to be held in the proposed
district to determine whether the proposed district will be formed under the
provisions of this chapter, and to elect the first cemetery district
commissioners.
(3) Three cemetery district commissioners must be elected at the
election to determine whether the proposed district will be formed, but the
election of the commissioners is null and void if the district is not formed.
No primary will be held for the office of cemetery district commissioner. A
special filing period must be opened as provided in RCW 29A.24.171 and
29A.24.181. Candidates must run for specific commissioner positions. The
person receiving the greatest number of votes for each commissioner position is
elected to that position. The terms of office of the initial commissioners
((shall be)) are as provided in RCW 68.52.220.
Sec. 6. RCW 68.52.150 and 1947 c 6 s 7 are each amended to read as follows:
Except as otherwise
provided in this chapter, the election ((shall)) must insofar as
possible be called, noticed, held, conducted, and canvassed in the same
manner and by the same officials as provided by law for special elections in
the county. ((For the purpose of such election county voting precincts may
be combined or divided and redefined, and the territory in the district shall
be included in one or more election precincts as may be deemed convenient, a
polling place being designated for each such precinct. The notice of election
shall state generally and briefly the purpose thereof, shall give the
boundaries of the proposed district, define the election precinct or precincts,
designate the polling place for each, mention the names of the candidates for
first cemetery district commissioners, and name the day of the election and the
hours during which the polls will be open)) The notice of election
must: State generally and briefly the purpose of the election; describe the
boundaries of the proposed cemetery district; list the names of the candidates
for first cemetery district commissioners; and specify the election date.
Sec. 7. RCW 68.52.170 and 1947 c 6 s 9 are each amended to read as follows:
((The returns of such
election shall be canvassed at the court house on the Monday next following the
day of the election, but the canvass may be adjourned from time to time if
necessary to await the receipt of election returns which may be unavoidably
delayed. The canvassing officials, upon conclusion of the canvass, shall
forthwith certify the results thereof in writing to the board of county
commissioners. If upon examination of the certificate of the canvassing
officials it is found that two-thirds of all the votes cast at said election
were in favor of the formation of the cemetery district, the board of county
commissioners shall, by resolution entered upon its minutes, declare such
territory duly organized as a cemetery district under the name theretofore
designated and shall declare the three candidates receiving the highest number
of votes for cemetery commissioners, the duly elected first cemetery
commissioners of the district. The clerk of the board of county commissioners
shall certify a copy of the resolution and cause it to be filed for record in
the offices of the county auditor and the county assessor of the county. The
certified copy shall be entitled to record without payment of a recording fee.
If the certificate of the canvassing officials shows that the proposition to
organize the proposed cemetery district failed to receive two-thirds of the
votes cast at said election, the board of county commissioners shall enter a
minute to that effect and all proceedings theretofore had shall become)) (1)
The returns of the election must be canvassed following the election, but the
canvass may be adjourned from time to time to await the receipt of election
returns. Upon conclusion of the canvass, the canvassing officials must certify
the results to the county legislative authority.
(2) The cemetery district is formed if two-thirds of all votes cast at
the election were in favor of the formation of the proposed district. However,
in counties with only one municipality the district is formed if a majority of
all votes cast at the election were in favor of the formation of the proposed
district.
(3) If the proposition to form the proposed district received the
voter approval required under this section, the county legislative authority
must by resolution recorded in the county legislative authority's minutes:
Declare the district formed under the name and number previously designated;
and declare the three candidates receiving the highest number of votes for cemetery
district commissioners as the duly elected first commissioners of the district.
The clerk of the county legislative authority must certify a copy of the
resolution and cause it to be filed for record in the offices of the county
auditor and the county assessor of the county. The certified copy may be
recorded without payment of a recording fee.
(4) If the proposition to form the proposed district failed to receive
the voter approval required under this section, the county legislative
authority must record in the county legislative authority's minutes the failed
vote, and all proceedings relating to the proposed district are null and
void.
(5) For the purposes of this section, "municipality" means a city or town.
Sec. 8. RCW 68.52.180 and 1947 c 6 s 10 are each amended to read as follows:
(1) Any person, firm, or corporation having a
substantial interest involved, and feeling aggrieved by any finding,
determination, or resolution of the ((board of county commissioners))
county legislative authority under the provisions of this chapter, may
appeal within five days after ((such)) the finding, determination,
or resolution was made to the superior court of the county in the same manner
as provided by law for appeals from orders of ((said board)) the
county legislative authority.
(2) After the expiration of five days from the date of the
resolution declaring the district ((organized)) formed, and upon
filing of certified copies ((thereof)) of the resolution in the
offices of the county auditor and county assessor, the formation of the cemetery
district ((shall be)) is complete and its legal existence ((shall))
may not thereafter be questioned by any person by reason of any defect
in the proceedings ((had for the creation thereof)) for the formation
of the cemetery district.
Sec. 9. RCW 68.52.220 and 2011 c 60 s 47 are each amended to read as follows:
(1) The affairs of the cemetery district ((shall))
must be managed by a board of cemetery district commissioners composed
of three members. The board may provide, by resolution passed by the
commissioners, for the payment of compensation to each of its commissioners at
a rate of up to ninety dollars for each day or portion of a day spent in actual
attendance at official meetings of the district commission, or in performance
of other official services or duties on behalf of the district. However, the
compensation for each commissioner must not exceed eight thousand six hundred
forty dollars per year.
(2) Any commissioner may waive all or any portion of his
or her compensation payable under this section as to any month or months during
his or her term of office, by a written waiver filed with the clerk of the
board. The waiver, to be effective, must be filed any time after the
commissioner's election and prior to the date on which the compensation would
otherwise be paid. The waiver ((shall)) must specify the month
or period of months for which it is made. The board ((shall)) must
fix the compensation to be paid the secretary and other employees of the
district. Cemetery district commissioners and candidates for cemetery district
commissioner are exempt from the requirements of chapter 42.17A RCW.
(3) The initial cemetery district commissioners ((shall))
must assume office immediately upon their election and qualification.
Staggering of terms of office ((shall)) must be accomplished as
follows: (((1))) (a) The person elected receiving the greatest
number of votes ((shall be)) is elected to a six-year term of
office if the election is held in an odd-numbered year or a five-year term of
office if the election is held in an even-numbered year; (((2))) (b)
the person who is elected receiving the next greatest number of votes ((shall
be)) is elected to a four-year term of office if the election is
held in an odd-numbered year or a three-year term of office if the election is
held in an even-numbered year; and (((3))) (c) the other person
who is elected ((shall be)) is elected to a two-year term of
office if the election is held in an odd-numbered year or a one-year term of
office if the election is held in an even-numbered year. The initial
commissioners ((shall)) must assume office immediately after they
are elected and qualified but their terms of office ((shall)) must
be calculated from the first day of January after the election.
(4) Thereafter, commissioners ((shall be)) are
elected to six-year terms of office. Commissioners ((shall)) must
serve until their successors are elected and qualified and assume office as
provided in RCW 29A.20.040.
((The polling places
for a cemetery district election may be located inside or outside the
boundaries of the district, as determined by the auditor of the county in which
the cemetery district is located, and no such election shall be held irregular
or void on that account.))
(5) The dollar thresholds established in this section must
be adjusted for inflation by the office of financial management every five
years, beginning July 1, 2008, based upon changes in the consumer price index
during that time period. "Consumer price index" means, for any
calendar year, that year's annual average consumer price index, for Washington
state, for wage earners and clerical workers, all items, compiled by the bureau
of labor and statistics, United States department of labor. If the bureau of
labor and statistics develops more than one consumer price index for areas
within the state, the index covering the greatest number of people, covering
areas exclusively within the boundaries of the state, and including all items
((shall)) must be used for the adjustments for inflation in this
section. The office of financial management must calculate the new dollar
threshold and transmit it to the office of the code reviser for publication in
the Washington State Register at least one month before the new dollar
threshold is to take effect.
(6) A person holding office as commissioner for two or
more special purpose districts ((shall)) may receive only that
per diem compensation authorized for one of his or her commissioner positions
as compensation for attending an official meeting or conducting official
services or duties while representing more than one of his or her districts.
However, such commissioner may receive additional per diem compensation if
approved by resolution of all boards of the affected commissions."
Senators Sheldon and Ranker 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 Sheldon to House Bill No. 1207.
The motion by Senator Sheldon 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 "requirements;" strike the remainder of the title and insert "and amending RCW 68.52.100, 68.52.110, 68.52.120, 68.52.130, 68.52.140, 68.52.150, 68.52.170, 68.52.180, and 68.52.220."
MOTION
On motion of Senator Sheldon, the rules were suspended, House Bill No. 1207 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 Sheldon 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. 1207 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1207 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Becker, Benton, Billig, Braun, Chase, Cleveland, Conway, Dammeier, Darneille, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hill, Hobbs, Honeyford, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Ranker, Rivers, Rolfes, Schlicher, Schoesler, Sheldon, Shin and Tom
Voting nay: Senators Baumgartner, Brown, Eide, Hewitt, Holmquist Newbry, Keiser, McAuliffe, Nelson, Padden, Parlette, Pearson, Roach and Smith
Excused: Senator Carrell
HOUSE BILL NO. 1207 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1277, by Representatives Sawyer, Zeiger, McCoy, Angel, Appleton, Morris, Kirby, Maxwell, Santos, Liias, Tarleton, Freeman, Morrell, Riccelli, Wilcox, Lytton, Jinkins, Ryu, Dahlquist, Fey, Pollet and Ormsby
Concerning tribes holding conservation easements.
The measure was read the second time.
MOTION
Senator Pearson moved that the following committee striking amendment by the Committee on Natural Resources & Parks be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 64.04.130 and 1987 c 341 s 1 are each amended to read as follows:
A development right,
easement, covenant, restriction, or other right, or any interest less than the
fee simple, to protect, preserve, maintain, improve, restore, limit the future
use of, or conserve for open space purposes, any land or improvement on the
land, whether the right or interest be appurtenant or in gross, may be held or
acquired by any state agency, federal agency, county, city, town, federally
recognized Indian tribe, or metropolitan municipal corporation, nonprofit
historic preservation corporation, or nonprofit nature conservancy
corporation. Any such right or interest ((shall)) constitutes
and ((be)) is classified as real property. All instruments for
the conveyance thereof ((shall)) must be substantially in the
form required by law for the conveyance of any land or other real property.
((As used in this
section,)) The definitions in this section apply throughout this section
unless the context clearly requires otherwise.
(1) "Nonprofit nature conservancy corporation"
means an organization which qualifies as being tax exempt under 26 U.S.C.
section 501(c)(3) (of the United States Internal Revenue Code of 1954, as
amended) as it existed on June 25, 1976, and which has as one of its principal
purposes the conducting or facilitating of scientific research; the conserving
of natural resources, including but not limited to biological resources, for
the general public; or the conserving of natural areas including but not
limited to wildlife or plant habitat.
((As used in this
section,)) (2) "Nonprofit historic preservation
corporation" means an organization which qualifies as being tax exempt
under 26 U.S.C. section 501(c)(3) of the United States Internal Revenue Code of
1954, as amended, and which has as one of its principal purposes the conducting
or facilitating of historic preservation activities within the state, including
conservation or preservation of historic sites, districts, buildings, and
artifacts."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Natural Resources & Parks to House Bill No. 1277.
The motion by Senator Pearson carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "easements;" strike the remainder of the title and insert "and amending RCW 64.04.130."
MOTION
On motion of Senator Pearson, the rules were suspended, House Bill No. 1277 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 Pearson and Rolfes 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. 1277 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1277 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 Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
HOUSE BILL NO. 1277 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
PERSONAL PRIVILEGE
Senator Murray: “Thank you Mr. President. Over the weekend somebody that many of us knew and worked with passed away and that was Robin Appleford. Robin had worked at OPR for the House, at OFM, she then went to work for Gary Locke when he was County Executive and then came back here as a lobbyist. She retired from lobbying several years ago. She’s another example of somebody that we work with everyday whose worked both in the Legislature and then later worked in the private or the non-profit sector on the issues that we cared about. I also think of Greg Pierce, another example of somebody we worked with, who worked both in the House and Senate who we also lost this summer. So, our regards and our prayer and thoughts to her parents who lost their son, Robin’s brother, six months earlier. Thank you Mr. President.”
PERSONAL PRIVILEGE
Senator Parlette: “Thank you Mr. President. I too will certainly miss Robin. I remember talking about working with dogs I believe, your dog training them out in the fields but also I would like to speak on behalf of another person we worked with, former Representative Tom Huff. I had the privilege of serving my first year in the House of Representatives under his leadership with the Appropriations Committee is what it was called then and he certainly did a good job of explaining the budget and later Co-Chaired that with Representative Helen Sommers when we had the 49/49 split. Both of those people that we have worked with will be truly missed and we certainly send our thoughts and prayers to all of their families. Thank you Senator Murray for beginning this conversation. Thank you very much.”
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1723, by House Committee on Appropriations (originally sponsored by Representatives Kagi, Walsh, Farrell, Maxwell, Roberts, Freeman, Goodman, Sawyer, Sullivan, Jinkins, Seaquist, Lytton, Haigh, Hunter, Morrell, Sells, Ryu, Morris, McCoy, Reykdal, Tarleton, Tharinger, Pollet, Fey, Moscoso, Bergquist, Ormsby and Santos)
Concerning early learning opportunities.
The measure was read the second time.
MOTION
Senator Litzow moved that the following committee striking amendment by the Committee on Ways & Means be not adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.215 RCW to read as follows:
The legislature finds that the first five years of a child's life establish the foundation for educational success. The legislature also finds that children who have high quality early learning opportunities from birth through age five are more likely to succeed throughout their K-12 education and beyond. The legislature further finds that the benefits of high quality early learning experiences are particularly significant for low-income parents and children, and provide an opportunity to narrow the opportunity gap in Washington's K-12 educational system. The legislature understands that early supports for high-risk parents of young children through home visiting services show a high return on investment due to significantly improved chances of better education, health, and life outcomes for children. The legislature further recognizes that, when parents work or go to school, high quality and full-day early learning opportunities should be available and accessible for their children. In order to improve education outcomes, particularly for low-income children, the legislature is committed to expanding high quality early learning opportunities and integrating currently disparate funding streams for all birth-to-five early learning services including, working connections child care and the early childhood education and assistance program, into a single high quality continuum of learning that provides essential services to low-income families and prepares all enrolled children for success in school. The legislature therefore intends to establish the early start program to provide a continuum of high quality and accountable early learning opportunities for Washington's parents and children.
Sec. 2. RCW 28A.150.220 and 2011 1st sp.s. c 27 s 1 are each amended to read as follows:
(1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts.
(2) Each school district shall make available to students the following minimum instructional offering each school year:
(a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature, but not before the 2014-15 school year; and
(b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
(3) The instructional program of basic education provided by each school district shall include:
(a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
(b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits as established by the legislature. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;
(c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
(d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
(e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
(f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
(g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
(4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
(5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, schools administering the Washington kindergarten inventory of developing skills may use up to three school days at the beginning of the school year to meet with parents and families as required in the parent involvement component of the inventory. In addition, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full‑time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
(6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.
(7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.
Sec. 3. RCW 43.215.010 and 2011 c 295 s 3 and 2011 c 78 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:
(a) "Child day care
center" means an agency that regularly provides ((child day care)) early
childhood education and early learning services for a group of children for
periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;
(c) "Family day
care provider" means a child ((day)) care provider who regularly
provides ((child day care)) early childhood education and early
learning services for not more than twelve children in the provider's home in
the family living quarters;
(d) "Nongovernmental private-public partnership" means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of five million dollars in contributions;
(e) "Service provider" means the entity that operates a community facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or
(iv) Spouses of any
persons named in (a)(i), (ii), or (iii) of this subsection (2)(((a))),
even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one another's children;
(e) Nursery schools ((or
kindergartens)) that are engaged primarily in ((educational work)) early
childhood education with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children, and do not accept custody of children;
(g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
(h) Facilities providing child care for periods of less than twenty-four hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in:
(i) Activities other than employment; or
(ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility;
(i) ((Any agency
having been in operation in this state ten years before June 8, 1967, and not
seeking or accepting moneys or assistance from any state or federal agency, and
is supported in part by an endowment or trust fund;
(j) An agency)) A program operated by any unit of local,
state, or federal government or an agency, located within the boundaries of a
federally recognized Indian reservation, licensed by the Indian tribe;
(((k) An agency))
(j) A program located on a federal military reservation, except where
the military authorities request that such agency be subject to the licensing
requirements of this chapter;
(((l) An agency))
(k) A program that offers early learning and support services, such as
parent education, and does not provide child care services on a regular basis.
(3) "Applicant" means a person who requests or seeks employment in an agency.
(4) "Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the applicant.
(5) "Department" means the department of early learning.
(6) "Director" means the director of the department.
(7) "Early
achievers" means a program that improves the quality of early learning programs
and supports and rewards providers for their participation.
(8) "Employer" means a person or business that engages
the services of one or more people, especially for wages or salary to work in
an agency.
(((8))) (9)
"Enforcement action" means denial, suspension, revocation,
modification, or nonrenewal of a license pursuant to RCW 43.215.300(1) or
assessment of civil monetary penalties pursuant to RCW 43.215.300(3).
(((9))) (10)
"Negative action" means a court order, court judgment, or an adverse
action taken by an agency, in any state, federal, tribal, or foreign
jurisdiction, which results in a finding against the applicant reasonably
related to the individual's character, suitability, and competence to care for
or have unsupervised access to children in child care. This may include, but
is not limited to:
(a) A decision issued by an administrative law judge;
(b) A final determination, decision, or finding made by an agency following an investigation;
(c) An adverse agency action, including termination, revocation, or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification, or contract in lieu of the adverse action;
(d) A revocation, denial, or restriction placed on any professional license; or
(e) A final decision of a disciplinary board.
(((10))) (11)
"Nonconviction information" means arrest, founded allegations of
child abuse, or neglect pursuant to chapter 26.44 RCW, or other negative action
adverse to the applicant.
(((11))) (12)
"Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but is out
of compliance with licensing standards.
(((12))) (13)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(14) "Washington state preschool program" means an education program for children three-to-five years of age who have not yet entered kindergarten, such as the early childhood education and assistance program.
NEW SECTION. Sec. 4. (1)(a) The chairs of the early learning committees of the legislature shall convene a technical working group to:
(i) Review federal and state early education funding streams;
(ii) Develop technical options for aligning eligibility requirements for child care and Washington state preschool;
(iii) Develop recommendations for an effective and responsive eligibility system;
(iv) Develop technical options for system designs that blend and braid disparate federal and state funding streams into a single program, including the option of applying for waivers from existing federal requirements; and
(v) Present findings and options in a report to the early learning committees of both houses of the legislature by December 1, 2013.
(b) At a minimum, the technical working group must be composed of financial and policy staff from the department of social and health services and the department of early learning.
(2) Staff support for the technical working group must be provided by senate committee services and the house of representatives office of program research, with assistance from the department of social and health services and the department of early learning.
(3) This section expires December 31, 2013.
Sec. 5. RCW 43.215.020 and 2010 c 233 s 1, 2010 c 232 s 2, and 2010 c 231 s 6 are each reenacted and amended to read as follows:
(1) The department of early learning is created as an executive branch agency. The department is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.
(2) The primary duties of the department are to implement state early learning policy and to coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible. The department's duties include, but are not limited to, the following:
(a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs;
(b) To make early learning resources available to parents and caregivers;
(c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private‑public partnership;
(d) To administer child care and early learning programs;
(e) To apply data
already collected comparing state-funded child care and preschool program
compensation rates to market rates of similar programs to make biennial
recommendations to the legislature regarding compensation models that would
attract and retain high quality early learning professionals to state programs;
(f) To serve as the state lead agency for Part C of the federal
individuals with disabilities education act (IDEA);
(((f))) (g)
To standardize internal financial audits, oversight visits, performance
benchmarks, and licensing criteria, so that programs can function in an
integrated fashion;
(((g))) (h)
To support the implementation of the nongovernmental private-public partnership
and cooperate with that partnership in pursuing its goals including providing
data and support necessary for the successful work of the partnership;
(((h))) (i)
To work cooperatively and in coordination with the early learning council;
(((i))) (j)
To collaborate with the K-12 school system at the state and local levels to
ensure appropriate connections and smooth transitions between early learning
and K-12 programs;
(((j))) (k)
To develop and adopt rules for administration of the program of early learning
established in RCW 43.215.141;
(((k))) (l)
To develop a comprehensive birth-to-three plan to provide education and support
through a continuum of options including, but not limited to, services such
as: Home visiting; quality incentives for infant and toddler child care
subsidies; quality improvements for family home and center-based child care
programs serving infants and toddlers; professional development; early literacy
programs; and informal supports for family, friend, and neighbor caregivers;
and
(((l))) (m)
Upon the development of an early learning information system, to make available
to parents timely inspection and licensing action information and provider
comments through the internet and other means.
(3) When additional
funds are appropriated for the specific purpose of home visiting and parent and
caregiver support, the department must reserve at least eighty percent for home
visiting services to be deposited into the home visiting services account and
up to twenty percent of the new funds for other parent or caregiver support.
(4) Home visiting services must include programs that serve families
involved in the child welfare system.
(5) The legislature shall fund the expansion in the Washington state
preschool program pursuant to RCW 43.215.142 in fiscal year 2014.
(6) The department's programs shall be designed in a way that
respects and preserves the ability of parents and legal guardians to direct the
education, development, and upbringing of their children, and that recognizes and
honors cultural and linguistic diversity. The department shall include parents
and legal guardians in the development of policies and program decisions
affecting their children.
Sec. 6. RCW 43.215.100 and 2007 c 394 s 4 are each amended to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department, in collaboration with community and statewide partners, shall implement a voluntary quality rating and improvement system, called the early achievers program, that is applicable to licensed or certified child care centers and homes and early education programs.
(2) The purpose of the ((voluntary quality rating and
improvement system)) early achievers program is: (a) To give
parents clear and easily accessible information about the quality of child care
and early education programs, support improvement in early learning programs
throughout the state, increase the readiness of children for school, and close
the disparity in access to quality care; and (b) to establish a common set
of expectations and standards that define, measure, and improve the quality of
early learning settings.
(3) Participation in the
early achievers program is voluntary for licensed or certified child care
centers and homes.
(4) By fiscal year 2015, Washington state preschool programs receiving
state funds must enroll in the early achievers program and maintain a minimum
score level.
(5) Before final implementation of the ((voluntary quality
rating and improvement system)) early achievers program, the
department shall report on program progress, as defined within the race to
the top federal grant award, and expenditures to the appropriate policy and
fiscal committees of the legislature. Nothing in this section changes the
department's responsibility to collectively bargain over mandatory subjects.
Sec. 7. RCW 43.215.430 and 1994 c 166 s 8 are each amended to read as follows:
The department shall
review applications from public or private nonsectarian organizations for state
funding of early childhood education and assistance programs ((and award
funds as determined by department rules and based on)). The department
shall consider local community needs ((and)), demonstrated
capacity ((to provide services)), and the need to support a mixed
delivery system of early learning that includes alternative models for delivery
including licensed centers and licensed family child care providers when
reviewing applications.
NEW SECTION. Sec. 8. If specific funding for the purposes of section 5 of this act, referencing section 5 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the omnibus appropriations act, section 5 of this act is null and void."
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28A.150.220, 43.215.100, and 43.215.430; reenacting and amending RCW 43.215.010 and 43.215.020; adding a new section to chapter 43.215 RCW; creating new sections; and providing an expiration date."
The President declared the question before the Senate to be the motion by Senator Litzow to not adopt the committee striking amendment by the Committee on Ways & Means to Second Substitute House Bill No. 1723.
The motion by Senator Litzow carried and the committee striking amendment was not adopted by voice vote.
MOTION
Senator Litzow moved that the following committee striking amendment by the Committee on Early Learning & K-12 Education be not adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.215 RCW to read as follows:
The legislature finds that the first five years of a child's life establish the foundation for educational success. The legislature also finds that children who have high quality early learning opportunities from birth through age five are more likely to succeed throughout their K-12 education and beyond. The legislature further finds that the benefits of high quality early learning experiences are particularly significant for low-income parents and children, and provide an opportunity to narrow the opportunity gap in Washington's K-12 educational system. The legislature understands that early supports for high-risk parents of young children through home visiting services show a high return on investment due to significantly improved chances of better education, health, and life outcomes for children. The legislature further recognizes that, when parents work or go to school, high quality and full-day early learning opportunities should be available and accessible for their children. In order to improve education outcomes, particularly for low-income children, the legislature is committed to expanding high quality early learning opportunities and integrating currently disparate funding streams for all birth-to-five early learning services including, working connections child care and the early childhood education and assistance program, into a single high quality continuum of learning that provides essential services to low-income families and prepares all enrolled children for success in school. The legislature therefore intends to establish the early start program to provide a continuum of high quality and accountable early learning opportunities for Washington's parents and children.
Sec. 2. RCW 43.215.010 and 2011 c 295 s 3 and 2011 c 78 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:
(a) "Child day care
center" means an agency that regularly provides ((child day care)) early
childhood education and early learning services for a group of children for
periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;
(c) "Family day
care provider" means a child ((day)) care provider who regularly
provides ((child day care)) early childhood education and early
learning services for not more than twelve children in the provider's home in
the family living quarters;
(d) "Nongovernmental private-public partnership" means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of five million dollars in contributions;
(e) "Service provider" means the entity that operates a community facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or
(iv) Spouses of any
persons named in (a)(i), (ii), or (iii) of this subsection (2)(((a))),
even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one another's children;
(e) Nursery schools ((or
kindergartens)) that are engaged primarily in ((educational work)) early
childhood education with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children, and do not accept custody of children;
(g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
(h) Facilities providing child care for periods of less than twenty-four hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in:
(i) Activities other than employment; or
(ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility;
(i) ((Any agency
having been in operation in this state ten years before June 8, 1967, and not
seeking or accepting moneys or assistance from any state or federal agency, and
is supported in part by an endowment or trust fund;
(j) An agency)) A program operated by any unit of local,
state, or federal government or an agency, located within the boundaries of a
federally recognized Indian reservation, licensed by the Indian tribe;
(((k) An agency))
(j) A program located on a federal military reservation, except where
the military authorities request that such agency be subject to the licensing
requirements of this chapter;
(((l) An agency))
(k) A program that offers early learning and support services, such as
parent education, and does not provide child care services on a regular basis.
(3) "Applicant" means a person who requests or seeks employment in an agency.
(4) "Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the applicant.
(5) "Department" means the department of early learning.
(6) "Director" means the director of the department.
(7) "Early
achievers" means a program that improves the quality of early learning
programs and supports and rewards providers for their participation.
(8) "Employer" means a person or business that engages
the services of one or more people, especially for wages or salary to work in
an agency.
(((8))) (9)
"Enforcement action" means denial, suspension, revocation,
modification, or nonrenewal of a license pursuant to RCW 43.215.300(1) or
assessment of civil monetary penalties pursuant to RCW 43.215.300(3).
(((9))) (10)
"Negative action" means a court order, court judgment, or an adverse
action taken by an agency, in any state, federal, tribal, or foreign
jurisdiction, which results in a finding against the applicant reasonably
related to the individual's character, suitability, and competence to care for
or have unsupervised access to children in child care. This may include, but
is not limited to:
(a) A decision issued by an administrative law judge;
(b) A final determination, decision, or finding made by an agency following an investigation;
(c) An adverse agency action, including termination, revocation, or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification, or contract in lieu of the adverse action;
(d) A revocation, denial, or restriction placed on any professional license; or
(e) A final decision of a disciplinary board.
(((10))) (11)
"Nonconviction information" means arrest, founded allegations of
child abuse, or neglect pursuant to chapter 26.44 RCW, or other negative action
adverse to the applicant.
(((11))) (12)
"Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but is out
of compliance with licensing standards.
(((12))) (13)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(14) "Washington state preschool program" means an education program for children three-to-five years of age who have not yet entered kindergarten, such as the early childhood education and assistance program.
NEW SECTION. Sec. 3. (1)(a) The department of early learning shall convene a technical working group to:
(i) Review federal and state early education funding streams;
(ii) Develop technical options for aligning eligibility requirements for child care and Washington state preschool;
(iii) Develop recommendations for an effective and responsive eligibility system;
(iv) Develop technical options for system designs that blend and braid disparate federal and state funding streams into a single program, including the option of applying for waivers from existing federal requirements; and
(v) Present findings and options in a report to the appropriate committees of both houses of the legislature by December 1, 2013.
(b) At a minimum, the technical working group must be composed of financial and policy staff from the department of social and health services and the department of early learning.
(2) This section expires December 31, 2013.
Sec. 4. RCW 43.215.020 and 2010 c 233 s 1, 2010 c 232 s 2, and 2010 c 231 s 6 are each reenacted and amended to read as follows:
(1) The department of early learning is created as an executive branch agency. The department is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.
(2) The primary duties of the department are to implement state early learning policy and to coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible. The department's duties include, but are not limited to, the following:
(a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs;
(b) To make early learning resources available to parents and caregivers;
(c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private‑public partnership;
(d) To administer child care and early learning programs;
(e) To annually
review rates for child care compared to market rates and make recommendations
to the legislature;
(f) To conduct an annual survey of staff compensation in licensed
child care programs and the Washington state preschool program, including early
achievers and nonearly achievers programs, using data generated by the managed
education and registry information tool and the early achievers program and
report survey findings to the legislature;
(g) To serve as the state lead agency for Part C of the federal
individuals with disabilities education act (IDEA);
(((f))) (h)
To standardize internal financial audits, oversight visits, performance
benchmarks, and licensing criteria, so that programs can function in an
integrated fashion;
(((g))) (i)
To support the implementation of the nongovernmental private-public partnership
and cooperate with that partnership in pursuing its goals including providing
data and support necessary for the successful work of the partnership;
(((h))) (j)
To work cooperatively and in coordination with the early learning council;
(((i))) (k)
To collaborate with the K-12 school system at the state and local levels to
ensure appropriate connections and smooth transitions between early learning
and K-12 programs;
(((j))) (l)
To develop and adopt rules for administration of the program of early learning
established in RCW 43.215.141;
(((k))) (m)
To develop a comprehensive birth-to-three plan to provide education and support
through a continuum of options including, but not limited to, services such
as: Home visiting; quality incentives for infant and toddler child care
subsidies; quality improvements for family home and center-based child care
programs serving infants and toddlers; professional development; early literacy
programs; and informal supports for family, friend, and neighbor caregivers;
and
(((l))) (n)
Upon the development of an early learning information system, to make available
to parents timely inspection and licensing action information and provider
comments through the internet and other means.
(3) When additional
funds are appropriated for the specific purpose of home visiting and parent and
caregiver support, the department must reserve at least eighty percent for home
visiting services to be deposited into the home visiting services account and
up to twenty percent of the new funds for other parent or caregiver support.
(4) Home visiting services must include programs that serve families
involved in the child welfare system.
(5) The legislature shall fund the expansion in the Washington state
preschool program pursuant to RCW 43.215.142 in fiscal year 2014.
(6) The department's programs shall be designed in a way that
respects and preserves the ability of parents and legal guardians to direct the
education, development, and upbringing of their children, and that recognizes
and honors cultural and linguistic diversity. The department shall include
parents and legal guardians in the development of policies and program
decisions affecting their children.
NEW SECTION. Sec. 5. A new section is added to chapter 43.215 RCW to read as follows:
Funds distributed to the general fund pursuant to RCW 69.50.540 must be utilized to phase in an integrated high quality continuum of early learning program, called early start, for children birth-to-five years of age. Components of early start include, but are not limited to, the following:
(1) Home visiting and parent education and support programs;
(2) The early achievers program described in RCW 43.215.100;
(3) Integrated full-day, high quality early learning programs; and
(4) High quality preschool for children whose family income is at or below one hundred thirty percent of the federal poverty level.
Sec. 6. RCW 43.215.100 and 2007 c 394 s 4 are each amended to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department, in collaboration with community and statewide partners, shall implement a voluntary quality rating and improvement system, called the early achievers program, that is applicable to licensed or certified child care centers and homes and early education programs.
(2) The purpose of the ((voluntary quality rating and
improvement system)) early achievers program is: (a) To give
parents clear and easily accessible information about the quality of child care
and early education programs, support improvement in early learning programs
throughout the state, increase the readiness of children for school, and close
the disparity in access to quality care; and (b) to establish a common set
of expectations and standards that define, measure, and improve the quality of
early learning settings.
(3) Participation in the
early achievers program is voluntary for licensed or certified child care
centers and homes.
(4) By fiscal year 2015, Washington state preschool programs receiving
state funds must enroll in the early achievers program and maintain a minimum
score level.
(5) Before final implementation of the ((voluntary quality
rating and improvement system)) early achievers program, the
department shall report to the appropriate policy and fiscal committees of the
legislature. Nothing in this section changes the department's responsibility
to collectively bargain over mandatory subjects.
Sec. 7. RCW 43.215.430 and 1994 c 166 s 8 are each amended to read as follows:
The department shall
review applications from public or private nonsectarian organizations for state
funding of early childhood education and assistance programs ((and award
funds as determined by department rules and based on)). The department
shall consider local community needs ((and)), demonstrated
capacity ((to provide services)), and the need to support a mixed
delivery system of early learning when reviewing applications.
Sec. 8. RCW 43.215.545 and 2006 c 265 s 204 are each amended to read as follows:
The department of early learning shall:
(1) Work in conjunction with the statewide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations. These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;
(2) Actively seek public and private money for distribution as grants to the statewide child care resource and referral network and to existing or potential local child care resource and referral organizations;
(3) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:
(a) Provide parents with information about child care resources, including location of services and subsidies;
(b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;
(c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;
(d) Provide information for businesses regarding child care supply and demand;
(e) Advocate for increased public and private sector resources devoted to child care;
(f) Provide technical assistance to employers regarding employee child care services; and
(g) Serve recipients of
temporary assistance for needy families and working parents with incomes at or
below household incomes of ((one)) two hundred ((seventy-five))
percent of the federal poverty line;
(4) Provide staff support and technical assistance to the statewide child care resource and referral network and local child care resource and referral organizations;
(5) Maintain a statewide child care licensing data bank and work with department licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;
(6) Through the statewide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;
(7) Coordinate with the
statewide child care resource and referral network and local child care
resource and referral organizations for the provision of training and technical
assistance to child care providers; ((and))
(8) Collect and assemble
information regarding the availability of insurance and of federal and other
child care funding to assist state and local agencies, businesses, and other
child care providers in offering child care services;
(9) Beginning September 1, 2013, increase the base rate for all child
care providers by ten percent;
(10) Subject to the availability of amounts appropriated for this
specific purpose, provide tiered subsidy rate enhancements to child care
providers if the provider meets the following requirements:
(a) The provider meets quality rating and improvement system levels 2,
3, 4, or 5;
(b) The provider is actively participating in the early achievers
program;
(c) The provider continues to advance towards level 5 of the early
achievers program; and
(d) The provider must complete level 2 within eighteen months or the
reimbursement rate will return the level 1 rate; and
(11) Require exempt providers to participate in continuing education,
if adequate funding is available.
Sec. 9. RCW 43.215.135 and 2012 c 253 s 5 and 2012 c 251 s 1 are each reenacted to read as follows:
(1) The department shall establish and implement policies in the working connections child care program to promote stability and quality of care for children from low-income households. Policies for the expenditure of funds constituting the working connections child care program must be consistent with the outcome measures defined in RCW 74.08A.410 and the standards established in this section intended to promote continuity of care for children.
(2) Beginning in fiscal year 2013, authorizations for the working connections child care subsidy shall be effective for twelve months unless a change in circumstances necessitates reauthorization sooner than twelve months. The twelve-month certification applies only if the enrollments in the child care subsidy or working connections child care program are capped.
(3) Beginning September 1, 2013, working connections child care providers shall receive a five percent increase in the subsidy rate for achieving level 2 in the early achievers programs. Providers must complete level 2 and advance to level 3 within eighteen months in order to maintain this increase.
NEW SECTION. Sec. 10. If specific funding for the purposes of section 4 of this act, referencing section 4 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the omnibus appropriations act, section 4 of this act is null and void.
NEW SECTION. Sec. 11. If specific funding for the purposes of section 8 of this act, referencing section 8 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the omnibus appropriations act, section 8 of this act is null and void.
NEW SECTION. Sec. 12. If specific funding for the purposes of section 9 of this act, referencing section 9 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the omnibus appropriations act, section 9 of this act is null and void."
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.215.100, 43.215.430, and 43.215.545; reenacting and amending RCW 43.215.010 and 43.215.020; reenacting RCW 43.215.135; adding new sections to chapter 43.215 RCW; creating new sections; and providing an expiration date."
The President declared the question before the Senate to be the motion by Senator Litzow to not adopt the committee striking amendment by the Committee on Early Learning & K-12 Education to Second Substitute House Bill No. 1723.
The motion by Senator Litzow carried and the committee striking amendment was not adopted by voice vote.
MOTION
Senator Litzow moved that the following striking amendment by Senators Litzow and McAuliffe be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.215 RCW to read as follows:
The legislature finds that the first five years of a child's life establish the foundation for educational success. The legislature also finds that children who have high quality early learning opportunities from birth through age five are more likely to succeed throughout their K-12 education and beyond. The legislature further finds that the benefits of high quality early learning experiences are particularly significant for low-income parents and children, and provide an opportunity to narrow the opportunity gap in Washington's K-12 educational system. The legislature understands that early supports for high-risk parents of young children through home visiting services show a high return on investment due to significantly improved chances of better education, health, and life outcomes for children. The legislature further recognizes that, when parents work or go to school, high quality and full-day early learning opportunities should be available and accessible for their children. In order to improve education outcomes, particularly for low-income children, the legislature is committed to expanding high quality early learning opportunities and integrating currently disparate funding streams for all birth-to-five early learning services including, working connections child care and the early childhood education and assistance program, into a single high quality continuum of learning that provides essential services to low-income families and prepares all enrolled children for success in school. The legislature therefore intends to establish the early start program to provide a continuum of high quality and accountable early learning opportunities for Washington's parents and children.
Sec. 2. RCW 28A.150.220 and 2011 1st sp.s. c 27 s 1 are each amended to read as follows:
(1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts.
(2) Each school district shall make available to students the following minimum instructional offering each school year:
(a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature, but not before the 2014-15 school year; and
(b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
(3) The instructional program of basic education provided by each school district shall include:
(a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
(b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits as established by the legislature. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;
(c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
(d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
(e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
(f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
(g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
(4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
(5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, schools administering the Washington kindergarten inventory of developing skills may use up to three school days at the beginning of the school year to meet with parents and families as required in the parent involvement component of the inventory. In addition, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full‑time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
(6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.
(7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.
Sec. 3. RCW 43.215.010 and 2011 c 295 s 3 and 2011 c 78 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:
(a) "Child day care
center" means an agency that regularly provides ((child day care)) early
childhood education and early learning services for a group of children for
periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;
(c) "Family day
care provider" means a child ((day)) care provider who regularly
provides ((child day care)) early childhood education and early
learning services for not more than twelve children in the provider's home in
the family living quarters;
(d) "Nongovernmental private-public partnership" means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of five million dollars in contributions;
(e) "Service provider" means the entity that operates a community facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or
(iv) Spouses of any
persons named in (a)(i), (ii), or (iii) of this subsection (2)(((a))),
even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one another's children;
(e) Nursery schools ((or
kindergartens)) that are engaged primarily in ((educational work)) early
childhood education with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children, and do not accept custody of children;
(g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
(h) Facilities providing child care for periods of less than twenty-four hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in:
(i) Activities other than employment; or
(ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility;
(i) ((Any agency
having been in operation in this state ten years before June 8, 1967, and not
seeking or accepting moneys or assistance from any state or federal agency, and
is supported in part by an endowment or trust fund;
(j) An agency)) A program operated by any unit of local,
state, or federal government or an agency, located within the boundaries of a
federally recognized Indian reservation, licensed by the Indian tribe;
(((k) An agency))
(j) A program located on a federal military reservation, except where
the military authorities request that such agency be subject to the licensing
requirements of this chapter;
(((l) An agency))
(k) A program that offers early learning and support services, such as
parent education, and does not provide child care services on a regular basis.
(3) "Applicant" means a person who requests or seeks employment in an agency.
(4) "Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the applicant.
(5) "Department" means the department of early learning.
(6) "Director" means the director of the department.
(7) "Early
achievers" means a program that improves the quality of early learning
programs and supports and rewards providers for their participation.
(8) "Employer" means a person or business that engages
the services of one or more people, especially for wages or salary to work in
an agency.
(((8))) (9)
"Enforcement action" means denial, suspension, revocation,
modification, or nonrenewal of a license pursuant to RCW 43.215.300(1) or
assessment of civil monetary penalties pursuant to RCW 43.215.300(3).
(((9))) (10)
"Negative action" means a court order, court judgment, or an adverse
action taken by an agency, in any state, federal, tribal, or foreign
jurisdiction, which results in a finding against the applicant reasonably
related to the individual's character, suitability, and competence to care for
or have unsupervised access to children in child care. This may include, but
is not limited to:
(a) A decision issued by an administrative law judge;
(b) A final determination, decision, or finding made by an agency following an investigation;
(c) An adverse agency action, including termination, revocation, or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification, or contract in lieu of the adverse action;
(d) A revocation, denial, or restriction placed on any professional license; or
(e) A final decision of a disciplinary board.
(((10))) (11)
"Nonconviction information" means arrest, founded allegations of
child abuse, or neglect pursuant to chapter 26.44 RCW, or other negative action
adverse to the applicant.
(((11))) (12)
"Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but is out
of compliance with licensing standards.
(((12))) (13)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(14) "Washington state preschool program" means an education program for children three-to-five years of age who have not yet entered kindergarten, such as the early childhood education and assistance program.
NEW SECTION. Sec. 4. (1)(a) The chairs of the early learning committees of the legislature shall convene a technical working group to:
(i) Review federal and state early education funding streams;
(ii) Develop technical options for aligning eligibility requirements for child care and Washington state preschool;
(iii) Develop recommendations for an effective and responsive eligibility system;
(iv) Develop technical options for system designs that blend and braid disparate federal and state funding streams into a single program, including the option of applying for waivers from existing federal requirements; and
(v) Present findings and options in a report to the early learning committees of both houses of the legislature by December 1, 2013.
(b) At a minimum, the technical working group must be composed of financial and policy staff from the department of social and health services and the department of early learning.
(2) The technical working group shall provide monthly progress reports to the staff of the legislative early learning committees and the relevant legislative fiscal committees. The legislative staff shall share the progress reports with the chairs of the legislative committees. The chairs of the committees may provide additional guidance to the working group through legislative staff depending on the information that is shared with the chairs.
(3) This section expires December 31, 2013.
Sec. 5. RCW 43.215.020 and 2010 c 233 s 1, 2010 c 232 s 2, and 2010 c 231 s 6 are each reenacted and amended to read as follows:
(1) The department of early learning is created as an executive branch agency. The department is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.
(2) The primary duties of the department are to implement state early learning policy and to coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible. The department's duties include, but are not limited to, the following:
(a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs;
(b) To make early learning resources available to parents and caregivers;
(c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private‑public partnership;
(d) To administer child care and early learning programs;
(e) To apply data
already collected comparing state-funded child care and preschool program
compensation rates to market rates of similar programs to make biennial
recommendations to the legislature regarding compensation models that would
attract and retain high quality early learning professionals to state programs;
(f) To serve as the state lead agency for Part C of the federal
individuals with disabilities education act (IDEA);
(((f))) (g)
To standardize internal financial audits, oversight visits, performance
benchmarks, and licensing criteria, so that programs can function in an
integrated fashion;
(((g))) (h)
To support the implementation of the nongovernmental private-public partnership
and cooperate with that partnership in pursuing its goals including providing
data and support necessary for the successful work of the partnership;
(((h))) (i)
To work cooperatively and in coordination with the early learning council;
(((i))) (j)
To collaborate with the K-12 school system at the state and local levels to
ensure appropriate connections and smooth transitions between early learning
and K-12 programs;
(((j))) (k)
To develop and adopt rules for administration of the program of early learning
established in RCW 43.215.141;
(((k))) (l)
To develop a comprehensive birth-to-three plan to provide education and support
through a continuum of options including, but not limited to, services such
as: Home visiting; quality incentives for infant and toddler child care
subsidies; quality improvements for family home and center-based child care
programs serving infants and toddlers; professional development; early literacy
programs; and informal supports for family, friend, and neighbor caregivers;
and
(((l))) (m)
Upon the development of an early learning information system, to make available
to parents timely inspection and licensing action information and provider
comments through the internet and other means.
(3) When additional
funds are appropriated for the specific purpose of home visiting and parent and
caregiver support, the department must reserve at least eighty percent for home
visiting services to be deposited into the home visiting services account and
up to twenty percent of the new funds for other parent or caregiver support.
(4) Home visiting services must include programs that serve families
involved in the child welfare system.
(5) The legislature shall fund the expansion in the Washington state
preschool program pursuant to RCW 43.215.142 in fiscal year 2014.
(6) The department's programs shall be designed in a way that
respects and preserves the ability of parents and legal guardians to direct the
education, development, and upbringing of their children, and that recognizes
and honors cultural and linguistic diversity. The department shall include
parents and legal guardians in the development of policies and program
decisions affecting their children.
Sec. 6. RCW 43.215.100 and 2007 c 394 s 4 are each amended to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department, in collaboration with community and statewide partners, shall implement a voluntary quality rating and improvement system, called the early achievers program, that is applicable to licensed or certified child care centers and homes and early education programs.
(2) The purpose of the ((voluntary quality rating and
improvement system)) early achievers program is: (a) To give
parents clear and easily accessible information about the quality of child care
and early education programs, support improvement in early learning programs
throughout the state, increase the readiness of children for school, and close
the disparity in access to quality care; and (b) to establish a common set
of expectations and standards that define, measure, and improve the quality of
early learning settings.
(3) Participation in the
early achievers program is voluntary for licensed or certified child care
centers and homes.
(4) By fiscal year 2015, Washington state preschool programs receiving
state funds must enroll in the early achievers program and maintain a minimum
score level.
(5) Before final implementation of the ((voluntary quality
rating and improvement system)) early achievers program, the
department shall report on program progress, as defined within the race to
the top federal grant award, and expenditures to the appropriate policy and
fiscal committees of the legislature. Nothing in this section changes the
department's responsibility to collectively bargain over mandatory subjects.
Sec. 7. RCW 43.215.430 and 1994 c 166 s 8 are each amended to read as follows:
The department shall
review applications from public or private nonsectarian organizations for state
funding of early childhood education and assistance programs ((and award
funds as determined by department rules and based on)). The department
shall consider local community needs ((and)), demonstrated
capacity ((to provide services)), and the need to support a mixed
delivery system of early learning that includes alternative models for delivery
including licensed centers and licensed family child care providers when
reviewing applications.
NEW SECTION. Sec. 8. If specific funding for the purposes of section 5 of this act, referencing section 5 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the omnibus appropriations act, section 5 of this act is null and void."
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Litzow and McAuliffe to Second Substitute House Bill No. 1723.
The motion by Senator Litzow carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28A.150.220, 43.215.100, and 43.215.430; reenacting and amending RCW 43.215.010 and 43.215.020; adding a new section to chapter 43.215 RCW; creating new sections; and providing an expiration date."
MOTION
On motion of Senator Litzow, the rules were suspended, Second Substitute House Bill No. 1723 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 Litzow and McAuliffe spoke in favor of passage of the bill.
MOTION
On motion of Senator Billig, Senator Kline was excused.
The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1723 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1723 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin and Tom
Voting nay: Senators Padden and Smith
Excused: Senator Carrell
SECOND SUBSTITUTE HOUSE BILL NO. 1723 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652, by House Committee on Local Government (originally sponsored by Representatives Liias, Dahlquist, Takko, Kretz, Clibborn, Condotta, Upthegrove, Springer, Buys and Ryu)
Establishing a process for the payment of impact fees through provisions stipulated in recorded covenants.
The measure was read the second time.
MOTION
Senator Roach moved that the following amendment by Senators Roach and Rolfes be adopted:
On page 3, beginning on line
4, strike all of subsection (3)(c) and insert the following:
"(c) A county, city, or town with an impact fee deferral process on
or before December 1, 2013, is exempt from the requirements of this subsection
(3) if the deferral process, which may be amended in a manner consistent with
this subsection (3), delays all impact fees and remains in effect after
December 1, 2013."
On page 7, beginning on line 18, after "area" strike
all material through "36.70A.030(15)))" on line 19 and insert
"as defined by the local government according to RCW 36.70A.030(15)"
On page 7, beginning on line 22, after "area" strike
all material through "36.70A.030(15)))" on line 23 and insert
"as defined by the local government according to RCW 36.70A.030(15)"
On page 7, beginning on line 26, after "sprawl" strike all material through "36.70A.030" on line 27
Senators Roach and Hasegawa 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 Roach and Rolfes on page 3, line 4 to Engrossed Substitute House Bill No. 1652.
The motion by Senator Roach carried and the amendment was adopted by voice vote.
MOTION
Senator Mullet moved that the following amendment by Senator Mullet be adopted:
On page 3, beginning on line
4, strike all of subsection (3)(c) and insert the following:
"(c) A county, city, or town with an impact fee deferral process on,
or before, December 1, 2013, is exempt from the requirements of this subsection
(3) if the deferral process, which may be amended in a manner consistent with
this subsection (3), delays impact fees and remains in effect after December 1,
2013.
(d) A county, city, or town that collects impact fees may not defer any
portion of the impact fee collected for school facilities."
Senator Mullet spoke in favor of adoption of the amendment.
Senator Roach spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Mullet on page 3, line 4 to Engrossed Substitute House Bill No. 1652.
The motion by Senator Mullet failed and the amendment was not adopted by a rising vote.
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute House Bill No. 1652 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Roach and Ranker spoke in favor of passage of the bill.
Senators Hasegawa, Mullet and Fraser 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. 1652 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1652 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Braun, Brown, Chase, Dammeier, Ericksen, Fain, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senators Billig, Cleveland, Conway, Darneille, Eide, Fraser, Hasegawa, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray and Nelson
Excused: Senator Carrell
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 3:48 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President.
EVENING SESSION
The Senate was called to order at 6:29 p.m. by President Owen.
MOTION
On motion of Senator Fain, the Senate advanced to the seventh order of business.
THIRD READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Schoesler moved that Rafael Pruneda, Gubernatorial Appointment No. 9160, be confirmed as a member of the Board of Regents, Washington State University.
Senator Schoesler spoke in favor of the motion.
APPOINTMENT OF RAFAEL PRUNEDA
The President declared the question before the Senate to be the confirmation of Rafael Pruneda, Gubernatorial Appointment No. 9160, as a member of the Board of Regents, Washington State University.
The Secretary called the roll on the confirmation of Rafael Pruneda, Gubernatorial Appointment No. 9160, as a member of the Board of Regents, Washington State University and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom
Absent: Senator Shin
Excused: Senator Carrell
Rafael Pruneda, Gubernatorial Appointment No. 9160, having received the constitutional majority was declared confirmed as a member of the Board of Regents, Washington State University.
MOTION
On motion of Senator Fain, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.
EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.
MOTION
On motion of Senator Fain, the Senate reverted to the sixth order of business.
PERSONAL PRIVILEGE
Senator Tom: “Thank you Mr. President. I would ask that we have a moment of silence in regards to the happenings that have occurred in Boston. The tragedy of three people losing their lives during the Boston Marathon and all that’s going on there and wishing those families and those who have been injured, with our thoughts and prayers.”
MOMENT OF SILENCE
The Senate observed a moment of silence in honor and remembrance of and sympathy for the victims and survivors of the bombings which occurred during the running of the Boston Marathon, April 15, 2013, as well as their families and the people of the City of Boston, Massachusetts.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524, by House Committee on Early Learning & Human Services (originally sponsored by Representatives Roberts, Clibborn, Goodman, Maxwell, Kagi, Orwall, Appleton, Ryu, Ormsby, Jinkins, Fey and Bergquist)
Providing for juvenile mental health diversion and disposition strategies.
The measure was read the second time.
MOTION
On motion of Senator Pearson, the rules were suspended, Engrossed Substitute House Bill No. 1524 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Pearson and Darneille spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1524.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1524 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senator Brown
Excused: Senator Carrell
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524, 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. 1351, by Representatives Condotta and Hurst
Concerning the identification of wineries, breweries, and microbreweries on private labels.
The measure was read the second time.
MOTION
On motion of Senator Holmquist Newbry, the rules were suspended, House Bill No. 1351 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Holmquist Newbry and Conway 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. 1351.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1351 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
HOUSE BILL NO. 1351, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1341, by House Committee on Judiciary (originally sponsored by Representatives Orwall, Goodman, Pollet, Jinkins, Carlyle, Roberts, Appleton, Hunt, Upthegrove, Green, Kagi, Seaquist, Moeller, Kirby, Santos, Ryu, Pedersen and Moscoso)
Creating a claim for compensation for wrongful conviction and imprisonment.
The measure was read the second time.
MOTION
Senator Padden moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that persons convicted and imprisoned for crimes they did not commit have been uniquely victimized. Having suffered tremendous injustice by being stripped of their lives and liberty, they are forced to endure imprisonment and are later stigmatized as felons. A majority of those wrongly convicted in Washington state have no remedy available under the law for the destruction of their personal lives resulting from errors in our criminal justice system. The legislature intends to provide an avenue for those who have been wrongly convicted in Washington state to redress the lost years of their lives, and help to address the unique challenges faced by the wrongly convicted after exoneration.
NEW SECTION. Sec. 2. (1) Any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state.
(2) For purposes of this chapter, a person is:
(a) "Actually innocent" of a felony if he or she did not engage in any illegal conduct alleged in the charging documents; and
(b) "Wrongly convicted" if he or she was charged, convicted, and imprisoned for one or more felonies of which he or she is actually innocent.
(3)(a) If the person entitled to file a claim under subsection (1) of this section is incapacitated and incapable of filing the claim, or if he or she is a minor, or is a nonresident of the state, the claim may be filed on behalf of the claimant by an authorized agent.
(b) A claim filed under this chapter survives to the personal representative of the claimant as provided in RCW 4.20.046.
NEW SECTION. Sec. 3. (1) All claims under this chapter must be filed in superior court. The venue for such actions is governed by RCW 4.12.020.
(2) Service of the summons and complaint is governed by RCW 4.28.080.
NEW SECTION. Sec. 4. (1) In order to file an actionable claim for compensation under this chapter, the claimant must establish by documentary evidence that:
(a) The claimant has been convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or part of the sentence;
(b)(i) The claimant is not currently incarcerated for any offense; and
(ii) During the period of confinement for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any crime other than the felony or felonies that are the basis for the claim;
(c)(i) The claimant has been pardoned on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or
(ii) The claimant's judgment of conviction was reversed or vacated and the charging document dismissed on the basis of significant new exculpatory information or, if a new trial was ordered pursuant to the presentation of significant new exculpatory information, either the claimant was found not guilty at the new trial or the claimant was not retried and the charging document dismissed; and
(d) The claim is not time barred by section 9 of this act.
(2) In addition to the requirements in subsection (1) of this section, the claimant must state facts in sufficient detail for the finder of fact to determine that:
(a) The claimant did not engage in any illegal conduct alleged in the charging documents; and
(b) The claimant did not commit or suborn perjury, or fabricate evidence to cause or bring about the conviction. A guilty plea to a crime the claimant did not commit, or a confession that is later determined by a court to be false, does not automatically constitute perjury or fabricated evidence under this subsection.
(3) Convictions vacated, overturned, or subject to resentencing pursuant to In re: Personal Detention of Andress, 147 Wn.2d 602 (2002) may not serve as the basis for a claim under this chapter unless the claimant otherwise satisfies the qualifying criteria set forth in section 2 of this act and this section.
(4) The claimant must verify the claim unless he or she is incapacitated, in which case the personal representative or agent filing on behalf of the claimant must verify the claim.
(5) If the attorney general concedes that the claimant was wrongly convicted, the court must award compensation as provided in section 6 of this act.
(6)(a) If the attorney general does not concede that the claimant was wrongly convicted and the court finds after reading the claim that the claimant does not meet the filing criteria set forth in this section, it may dismiss the claim, either on its own motion or on the motion of the attorney general.
(b) If the court dismisses the claim, the court must set forth the reasons for its decision in written findings of fact and conclusions of law.
NEW SECTION. Sec. 5. Any party is entitled to the rights of appeal afforded parties in a civil action following a decision on such motions. In the case of dismissal of a claim, review of the superior court action is de novo.
NEW SECTION. Sec. 6. (1) In order to obtain a judgment in his or her favor, the claimant must show by clear and convincing evidence that:
(a) The claimant was convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence;
(b)(i) The claimant is not currently incarcerated for any offense; and
(ii) During the period of confinement for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any conviction other than those that are the basis for the claim;
(c)(i) The claimant has been pardoned on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or
(ii) The claimant's judgment of conviction was reversed or vacated and the charging document dismissed on the basis of significant new exculpatory information or, if a new trial was ordered pursuant to the presentation of significant new exculpatory information, either the claimant was found not guilty at the new trial or the claimant was not retried and the charging document dismissed;
(d) The claimant did not engage in any illegal conduct alleged in the charging documents; and
(e) The claimant did not commit or suborn perjury, or fabricate evidence to cause or bring about his or her conviction. A guilty plea to a crime the claimant did not commit, or a confession that is later determined by a court to be false, does not automatically constitute perjury or fabricated evidence under this subsection.
(2) Any pardon or proclamation issued to the claimant must be certified by the officer having lawful custody of the pardon or proclamation, and be affixed with the seal of the office of the governor, or with the official certificate of such officer before it may be offered as evidence.
(3) In exercising its discretion regarding the weight and admissibility of evidence, the court must give due consideration to difficulties of proof caused by the passage of time or by release of evidence pursuant to a plea, the death or unavailability of witnesses, the destruction of evidence, or other factors not caused by the parties.
(4) The claimant may not be compensated for any period of time in which he or she was serving a term of imprisonment or a concurrent sentence for any conviction other than the felony or felonies that are the basis for the claim.
(5) If the jury or, in the case where the right to a jury is waived, the court finds by clear and convincing evidence that the claimant was wrongly convicted, the court must order the state to pay the actually innocent claimant the following compensation award, as adjusted for partial years served and to account for inflation from the effective date of this section:
(a) Fifty thousand dollars for each year of actual confinement including time spent awaiting trial and an additional fifty thousand dollars for each year served under a sentence of death pursuant to chapter 10.95 RCW;
(b) Twenty-five thousand dollars for each year served on parole, community custody, or as a registered sex offender pursuant only to the felony or felonies which are grounds for the claim;
(c) Compensation for child support payments owed by the claimant that became due and interest on child support arrearages that accrued while the claimant was in custody on the felony or felonies that are grounds for the compensation claim. The funds must be paid on the claimant's behalf in a lump sum payment to the department of social and health services for disbursement under Title 26 RCW;
(d) Reimbursement for all restitution, assessments, fees, court costs, and all other sums paid by the claimant as required by pretrial orders and the judgment and sentence; and
(e) Attorneys' fees for successfully bringing the wrongful conviction claim calculated at ten percent of the monetary damages awarded under subsection (5)(a) and (b) of this section, plus expenses. However, attorneys' fees and expenses may not exceed seventy-five thousand dollars. These fees may not be deducted from the compensation award due to the claimant and counsel is not entitled to receive additional fees from the client related to the claim. The court may not award any attorneys' fees to the claimant if the claimant fails to prove he or she was wrongly convicted.
(6) The compensation award may not include any punitive damages.
(7) The court may not offset the compensation award by any expenses incurred by the state, the county, or any political subdivision of the state including, but not limited to, expenses incurred to secure the claimant's custody, or to feed, clothe, or provide medical services for the claimant. The court may not offset against the compensation award the value of any services or reduction in fees for services to be provided to the claimant as part of the award under this section.
(8) The compensation award is not income for tax purposes, except attorneys' fees awarded under subsection (5)(e) of this section.
(9)(a) Upon finding that the claimant was wrongly convicted, the court must seal the claimant's record of conviction.
(b) Upon request of the claimant, the court may order the claimant's record of conviction vacated if the record has not already been vacated, expunged, or destroyed under court rules. The requirements for vacating records under RCW 9.94A.640 do not apply.
(10) Upon request of the claimant, the court must refer the claimant to the department of corrections or the department of social and health services for access to reentry services, if available, including but not limited to counseling on the ability to enter into a structured settlement agreement and where to obtain free or low-cost legal and financial advice if the claimant is not already represented, the community-based transition programs and long-term support programs for education, mentoring, life skills training, assessment, job skills development, mental health and substance abuse treatment.
(11) The claimant or the attorney general may initiate and agree to a claim with a structured settlement for the compensation awarded under subsection (5) of this section. During negotiation of the structured settlement agreement, the claimant must be given adequate time to consult with the legal and financial advisor of his or her choice. Any structured settlement agreement binds the parties with regard to all compensation awarded. A structured settlement agreement entered into under this section must be in writing and signed by the parties or their representatives and must clearly state that the parties understand and agree to the terms of the agreement.
(12) Before approving any structured settlement agreement, the court must ensure that the claimant has an adequate understanding of the agreement. The court may approve the agreement only if the judge finds that the agreement is in the best interest of the claimant and actuarially equivalent to the lump sum compensation award under subsection (5) of this section before taxation. When determining whether the agreement is in the best interest of the claimant, the court must consider the following factors:
(a) The age and life expectancy of the claimant;
(b) The marital or domestic partnership status of the claimant; and
(c) The number and age of the claimant's dependants.
NEW SECTION. Sec. 7. (1) On or after the effective date of this section, when a court grants judicial relief, such as reversal and vacation of a person's conviction, consistent with the criteria established in section 4 of this act, the court must provide to the claimant a copy of sections 2 through 12 of this act at the time the relief is granted.
(2) The clemency and pardons board or the indeterminate sentence review board, whichever is applicable, upon issuance of a pardon by the governor on grounds consistent with innocence on or after the effective date of this section, must provide a copy of sections 2 through 12 of this act to the individual pardoned.
(3) If an individual entitled to receive the information required under this section shows that he or she was not provided with the information, he or she has an additional twelve months, beyond the statute of limitations under section 9 of this act, to bring a claim under this chapter.
NEW SECTION. Sec. 8. (1) It is the intent of the legislature that the remedies and compensation provided under this chapter shall be exclusive to all other remedies at law and in equity against the state or any political subdivision of the state. As a requirement to making a request for relief under this chapter, the claimant waives any and all other remedies, causes of action, and other forms of relief or compensation against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant's wrongful conviction and imprisonment. This waiver shall also include all state, common law, and federal claims for relief, including claims pursuant to 42 U.S.C. Sec. 1983. A wrongfully convicted person who elects not to pursue a claim for compensation pursuant to this chapter shall not be precluded from seeking relief through any other existing remedy. The claimant must execute a legal release prior to the payment of any compensation under this chapter. If the release is held invalid for any reason and the claimant is awarded compensation under this chapter and receives a tort award related to his or her wrongful conviction and incarceration, the claimant must reimburse the state for the lesser of:
(a) The amount of the compensation award, excluding the portion awarded pursuant to section 6(5) (c) through (e) of this act; or
(b) The amount received by the claimant under the tort award.
(2) A release dismissal agreement, plea agreement, or any similar agreement whereby a prosecutor's office or an agent acting on its behalf agrees to take or refrain from certain action if the accused individual agrees to forgo legal action against the county, the state of Washington, or any political subdivision, is admissible and should be evaluated in light of all the evidence. However, any such agreement is not dispositive of the question of whether the claimant was wrongly convicted or entitled to compensation under this chapter.
NEW SECTION. Sec. 9. Except as provided in section 7 of this act, an action for compensation under this chapter must be commenced within three years after the grant of a pardon, the grant of judicial relief and satisfaction of other conditions described in section 2 of this act, or release from custody, whichever is later. However, any action by the state challenging or appealing the grant of judicial relief or release from custody tolls the three-year period. Any persons meeting the criteria set forth in section 2 of this act who was wrongly convicted before the effective date of this section may commence an action under this chapter within three years after the effective date of this section.
NEW SECTION. Sec. 10. All payments by the state under this chapter shall be paid from the liability account established under RCW 4.92.130.
NEW SECTION. Sec. 11. A new section is added to chapter 28B.15 RCW to read as follows:
(1) Subject to the conditions in subsection (2) of this section and the limitations in RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, must waive all tuition and fees for the following persons:
(a) A wrongly convicted person; and
(b) Any child or stepchild of a wrongly convicted person who was born or became the stepchild of, or was adopted by, the wrongly convicted person before compensation is awarded under section 6 of this act.
(2) The following conditions apply to waivers under subsection (1) of this section:
(a) A wrongly convicted person must be a Washington domiciliary to be eligible for the tuition waiver.
(b) A child must be a Washington domiciliary ages seventeen through twenty-six years to be eligible for the tuition waiver. A child's marital status does not affect eligibility.
(c) Each recipient's continued participation is subject to the school's satisfactory progress policy.
(d) Tuition waivers for graduate students are not required for those who qualify under subsection (1) of this section but are encouraged.
(e) Recipients who receive a waiver under subsection (1) of this section may attend full time or part time. Total credits earned using the waiver may not exceed two hundred quarter credits, or the equivalent of semester credits.
(3) Private vocational schools and private higher education institutions are encouraged to provide waivers consistent with the terms of this section.
(4) For the purposes of this section:
(a) "Child" means a biological child, stepchild, or adopted child who was born of, became the stepchild of, or was adopted by a wrongly convicted person before compensation is awarded under section 6 of this act.
(b) "Fees" includes all assessments for costs incurred as a condition to a student's full participation in coursework and related activities at an institution of higher education.
(c) "Washington domiciliary" means a person whose true, fixed, and permanent house and place of habitation is the state of Washington. In ascertaining whether a wrongly convicted person or child is domiciled in the state of Washington, public institutions of higher education must, to the fullest extent possible, rely upon the standards provided in RCW 28B.15.013.
(d) "Wrongly convicted person" means a Washington domiciliary who was awarded damages under section 6 of this act.
NEW SECTION. Sec. 12. A new section is added to chapter 72.09 RCW to read as follows:
When a court refers a person to the department under section 6 of this act as part of the person's award in a wrongful conviction claim, the department must provide reasonable access to existing reentry programs and services. Nothing in this section requires the department to establish new reentry programs or services.
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. Sections 1 through 10 of this act constitute a new chapter in Title 4 RCW."
MOTION
Senator Hargrove moved that the following amendment by Senators Hargrove and Padden to the committee striking amendment be adopted:
On page 10, after line 5 of the amendment, insert the following:
"Sec. 13. RCW 4.92.130 and 2011 1st sp.s. c 43 s 513 are each amended to read as follows:
A liability account in the custody of the treasurer is hereby created as a nonappropriated account to be used solely and exclusively for the payment of liability settlements and judgments against the state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of its officers, employees, and volunteers and all related legal defense costs.
(1) The purpose of the liability account is to: (a) Expeditiously pay legal liabilities and defense costs of the state resulting from tortious conduct; (b) promote risk control through a cost allocation system which recognizes agency loss experience, levels of self-retention, and levels of risk exposure, including the payment of compensation awarded by a court under section 6 of this act; and (c) establish an actuarially sound system to pay incurred losses, within defined limits.
(2) The liability account shall be used to pay claims for injury and property damages and legal defense costs exclusive of agency-retained expenses otherwise budgeted.
(3) No money shall be paid from the liability account, except for defense costs, unless all proceeds available to the claimant from any valid and collectible liability insurance shall have been exhausted and unless:
(a) The claim shall have been reduced to final judgment in a court of competent jurisdiction; or
(b) The claim has been approved for payment.
(4) The liability account shall be financed through annual premiums assessed to state agencies, based on sound actuarial principles, and shall be for liability coverage in excess of agency-budgeted self-retention levels.
(5) Annual premium levels shall be determined by the risk manager. An actuarial study shall be conducted to assist in determining the appropriate level of funding.
(6) Disbursements for claims from the liability account shall be made to the claimant, or to the clerk of the court for judgments, upon written request to the state treasurer from the risk manager.
(7) The director may direct agencies to transfer moneys from other funds and accounts to the liability account if premiums are delinquent.
(8) The liability account shall not exceed fifty percent of the actuarial value of the outstanding liability as determined annually by the office of risk management. If the account exceeds the maximum amount specified in this section, premiums may be adjusted by the office of risk management in order to maintain the account balance at the maximum limits. If, after adjustment of premiums, the account balance remains above the limits specified, the excess amount shall be prorated back to the appropriate funds.
(9) The payment of compensation for wrongful conviction awarded by a court under section 6 of this act does not constitute a finding that the wrongful conviction resulted from tortious conduct by the officers or employees of the state or the political subdivisions, municipal corporations, and quasi-municipal corporations of the state."
Senator Hargrove spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove and Padden on page 10, after line 5 to the committee striking amendment to Engrossed Substitute House Bill No. 1341.
The motion by Senator Hargrove carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to Engrossed Substitute House Bill No. 1341.
The motion by Senator Padden carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendments were adopted:
On page 1, line 2 of the title, after "imprisonment;" strike the remainder of the title and insert "adding a new section to chapter 28B.15 RCW; adding a new section to chapter 72.09 RCW; and adding a new chapter to Title 4 RCW."
On page 10, line 13 of the title amendment, after "insert" insert "amending RCW 4.92.130;"
MOTION
On motion of Senator Padden, the rules were suspended, Engrossed Substitute House Bill No. 1341 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 Padden, Hargrove and Kohl-Welles spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1341. as amended by the Senate
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1341 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 Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1341 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1124, by Representatives Hurst and Condotta
Concerning recommendations for streamlining reporting requirements for taxes and fees on spirits.
The measure was read the second time.
MOTION
On motion of Senator Holmquist Newbry, the rules were suspended, House Bill No. 1124 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Holmquist Newbry 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. 1124.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1124 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
HOUSE BILL NO. 1124, 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
Pursuant to Article 2, Section 32 of the State Constitution and Senate Rule 1(5), the President announced the signing of and thereupon did sign in open session:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5110,
SENATE BILL NO. 5302,
SUBSTITUTE SENATE BILL NO. 5316,
SUBSTITUTE SENATE BILL NO. 5332,
SUBSTITUTE SENATE BILL NO. 5568,
SECOND SUBSTITUTE SENATE BILL NO. 5624,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5849.
SECOND READING
HOUSE BILL NO. 1903, by Representatives Fitzgibbon and Ryu
Providing unemployment insurance benefit charging relief for part-time employers who continue to employ a claimant on a part-time basis and the claimant qualified for two consecutive claims with wages attributable to at least one employer who employed the claimant in both base years.
The measure was read the second time.
MOTION
On motion of Senator Holmquist Newbry, the rules were suspended, House Bill No. 1903 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Holmquist Newbry and Conway 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. 1903.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1903 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
HOUSE BILL NO. 1903, 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. 1130, by House Committee on Business & Financial Services (originally sponsored by Representatives Hurst and Dahlquist)
Modifying who is authorized to redeem an impounded vehicle.
The measure was read the second time.
MOTION
Senator Nelson moved that the following striking amendment by Senators Nelson and Benton be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.55.120 and 2009 c 387 s 3 are each amended to read as follows:
(1)(a) Vehicles
or other items of personal property registered or titled with the department that
are impounded by registered tow truck operators pursuant to RCW 46.55.080,
46.55.085, 46.55.113, or 9A.88.140 may be redeemed only ((under the
following circumstances)) by the following persons or entities:
(((a) Only)) (i)
The legal owner((,));
(ii) The registered owner((,));
(iii) A person authorized in writing by the registered owner ((or
the vehicle's insurer,));
(iv) The vehicle's insurer or a vendor working on behalf of the
vehicle's insurer;
(v) A third-party insurer that has a duty to repair or replace the
vehicle, has obtained consent from the registered owner or the owner's agent to
move the vehicle, and has documented that consent in the insurer's claim file,
or a vendor working on behalf of a third-party insurer that has received such consent;
provided, however, that at all times the registered owner must be granted
access to the vehicle. For the purposes of this subsection, "owner's
agent" means the legal owner of the vehicle, a driver in possession of the
vehicle with the registered owner's permission, or an adult member of the
registered owner's family;
(vi) A person who is determined and verified by the operator to
have the permission of the registered owner of the vehicle or other item of
personal property registered or titled with the department((, or one));
or
(vii) A person who has purchased a vehicle or item of personal
property registered or titled with the department from the registered owner who
produces proof of ownership or written authorization and signs a receipt therefor((,
may redeem an impounded vehicle or items of personal property registered or
titled with the department)).
(b) In addition, a vehicle impounded because the operator
is in violation of RCW 46.20.342(1)(c) shall not be released until a person
eligible to redeem it under (a) of this subsection (((1)(a)))
satisfies the requirements of (((e))) (f) of this subsection,
including paying all towing, removal, and storage fees, notwithstanding the
fact that the hold was ordered by a government agency. If the department's
records show that the operator has been convicted of a violation of RCW
46.20.342 or a similar local ordinance within the past five years, the vehicle
may be held for up to thirty days at the written direction of the agency
ordering the vehicle impounded. A vehicle impounded because the operator is
arrested for a violation of RCW 46.20.342 may be released only pursuant to a
written order from the agency that ordered the vehicle impounded or from the
court having jurisdiction. An agency shall issue a written order to release
pursuant to a provision of an applicable state agency rule or local ordinance
authorizing release on the basis of the following:
(i) Economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record; or
(ii) The owner of the vehicle was not the driver, the owner did not know that the driver's license was suspended or revoked, and the owner has not received a prior release under this subsection or RCW 46.55.113(3).
In order to avoid
discriminatory application, other than for the reasons for release set forth in
(((a))) (b)(i) and (ii) of this subsection, an agency shall,
under a provision of an applicable state agency rule or local ordinance, deny
release in all other circumstances without discretion.
If a vehicle is
impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b),
the vehicle may be held for up to thirty days at the written direction of the
agency ordering the vehicle impounded. However, if the department's records
show that the operator has been convicted of a violation of RCW 46.20.342(1)
(a) or (b) or a similar local ordinance within the past five years, the vehicle
may be held at the written direction of the agency ordering the vehicle
impounded for up to sixty days, and for up to ninety days if the operator has
two or more such prior offenses. If a vehicle is impounded because the
operator is arrested for a violation of RCW 46.20.342, the vehicle may not be
released until a person eligible to redeem it under (a) of this
subsection (((1)(a))) satisfies the requirements of (((e))) (f)
of this subsection, including paying all towing, removal, and storage fees,
notwithstanding the fact that the hold was ordered by a government agency.
(((b))) (c)
If the vehicle is directed to be held for a suspended license impound, a person
who desires to redeem the vehicle at the end of the period of impound shall
within five days of the impound at the request of the tow truck operator pay a
security deposit to the tow truck operator of not more than one-half of the
applicable impound storage rate for each day of the proposed suspended license
impound. The tow truck operator shall credit this amount against the final
bill for removal, towing, and storage upon redemption. The tow truck operator
may accept other sufficient security in lieu of the security deposit. If the
person desiring to redeem the vehicle does not pay the security deposit or
provide other security acceptable to the tow truck operator, the tow truck
operator may process and sell at auction the vehicle as an abandoned vehicle
within the normal time limits set out in RCW 46.55.130(1). The security
deposit required by this section may be paid and must be accepted at any time
up to twenty-four hours before the beginning of the auction to sell the vehicle
as abandoned. The registered owner is not eligible to purchase the vehicle at
the auction, and the tow truck operator shall sell the vehicle to the highest
bidder who is not the registered owner.
(((c))) (d)
Notwithstanding (((b))) (c) of this subsection, a rental car
business may immediately redeem a rental vehicle it owns by payment of the
costs of removal, towing, and storage, whereupon the vehicle will not be held
for a suspended license impound.
(((d))) (e)
Notwithstanding (((b))) (c) of this subsection, a motor vehicle
dealer or lender with a perfected security interest in the vehicle may redeem
or lawfully repossess a vehicle immediately by payment of the costs of removal,
towing, and storage, whereupon the vehicle will not be held for a suspended
license impound. A motor vehicle dealer or lender with a perfected security
interest in the vehicle may not knowingly and intentionally engage in collusion
with a registered owner to repossess and then return or resell a vehicle to the
registered owner in an attempt to avoid a suspended license impound. However,
this provision does not preclude a vehicle dealer or a lender with a perfected
security interest in the vehicle from repossessing the vehicle and then
selling, leasing, or otherwise disposing of it in accordance with chapter
62A.9A RCW, including providing redemption rights to the debtor under RCW
62A.9A-623. If the debtor is the registered owner of the vehicle, the debtor's
right to redeem the vehicle under chapter 62A.9A RCW is conditioned upon the
debtor obtaining and providing proof from the impounding authority or court
having jurisdiction that any fines, penalties, and forfeitures owed by the
registered owner, as a result of the suspended license impound, have been paid,
and proof of the payment must be tendered to the vehicle dealer or lender at the
time the debtor tenders all other obligations required to redeem the vehicle.
Vehicle dealers or lenders are not liable for damages if they rely in good
faith on an order from the impounding agency or a court in releasing a vehicle
held under a suspended license impound.
(((e))) (f)
The vehicle or other item of personal property registered or titled with the
department shall be released upon the presentation to any person having custody
of the vehicle of commercially reasonable tender sufficient to cover the costs
of towing, storage, or other services rendered during the course of towing,
removing, impounding, or storing any such vehicle, with credit being given for
the amount of any security deposit paid under (((b))) (c) of this
subsection. In addition, if a vehicle is impounded because the operator was
arrested for a violation of RCW 46.20.342 or 46.20.345 and was being operated
by the registered owner when it was impounded under local ordinance or agency
rule, it must not be released to any person until the registered owner
establishes with the agency that ordered the vehicle impounded or the court
having jurisdiction that any penalties, fines, or forfeitures owed by him or
her have been satisfied. Registered tow truck operators are not liable for damages
if they rely in good faith on an order from the impounding agency or a court in
releasing a vehicle held under a suspended license impound. Commercially
reasonable tender shall include, without limitation, cash, major bank credit
cards issued by financial institutions, or personal checks drawn on Washington
state branches of financial institutions if accompanied by two pieces of valid
identification, one of which may be required by the operator to have a
photograph. If the towing firm cannot determine through the customer's bank or
a check verification service that the presented check would be paid by the bank
or guaranteed by the service, the towing firm may refuse to accept the check.
Any person who stops payment on a personal check or credit card, or does not
make restitution within ten days from the date a check becomes insufficient due
to lack of funds, to a towing firm that has provided a service pursuant to this
section or in any other manner defrauds the towing firm in connection with
services rendered pursuant to this section shall be liable for damages in the
amount of twice the towing and storage fees, plus costs and reasonable
attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking
to redeem an impounded vehicle under this section has a right to a hearing in
the district or municipal court for the jurisdiction in which the vehicle was
impounded to contest the validity of the impoundment or the amount of towing
and storage charges. The district court has jurisdiction to determine the
issues involving all impoundments including those authorized by the state or
its agents. The municipal court has jurisdiction to determine the issues
involving impoundments authorized by agents of the municipality. Any request
for a hearing shall be made in writing on the form provided for that purpose
and must be received by the appropriate court within ten days of the date the
opportunity was provided for in ((subsection (2)))(a) of this subsection
and more than five days before the date of the auction. At the time of the
filing of the hearing request, the petitioner shall pay to the court clerk a
filing fee in the same amount required for the filing of a suit in district
court. If the hearing request is not received by the court within the ten-day
period, the right to a hearing is waived and the registered owner is liable for
any towing, storage, or other impoundment charges permitted under this
chapter. Upon receipt of a timely hearing request, the court shall proceed to
hear and determine the validity of the impoundment.
(3)(a) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.345 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees."
Senators Nelson, Benton and 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 Senators Nelson and Benton to Substitute House Bill No. 1130.
The motion by Senator Nelson 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 "vehicles;" strike the remainder of the title and insert "and amending RCW 46.55.120."
MOTION
On motion of Senator Nelson, the rules were suspended, Substitute House Bill No. 1130 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 Nelson 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. 1130 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1130 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 Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1130 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1175, by Representatives Nealey, Haler, Klippert, Walsh, Schmick, Fagan and Ryu
Increasing the number of superior court judges in Benton and Franklin counties jointly.
The measure was read the second time.
MOTION
On motion of Senator Padden, the rules were suspended, House Bill No. 1175 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Padden and Kline 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. 1175.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1175 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senator Baumgartner
Excused: Senator Carrell
HOUSE BILL NO. 1175, 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. 1883, by House Committee on Transportation (originally sponsored by Representatives Fitzgibbon, Orcutt, Riccelli, Farrell and Liias)
Simplifying and updating statutes related to fuel tax administration.
The measure was read the second time.
MOTION
Senator Eide moved that the following committee amendment by the Committee on Transportation be adopted:
On page 35, beginning on line 14, after "required to be" strike "licensed under chapter 46.16 RCW" and insert "registered under chapter 46.16A RCW"
The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Transportation to Substitute House Bill No. 1883.
The motion by Senator Eide carried and the committee amendment was adopted by voice vote.
MOTION
On motion of Senator Eide, the rules were suspended, Substitute House Bill No. 1883 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 Eide and King 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. 1883 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1883 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senators Baumgartner and Holmquist Newbry
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1883 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1846, by House Committee on Health Care & Wellness (originally sponsored by Representatives Schmick, Cody and Ryu)
Concerning stand-alone dental coverage.
The measure was read the second time.
MOTION
Senator Becker moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.43.715 and 2012 c 87 s 13 are each amended to read as follows:
(1) Consistent with federal law, the commissioner, in consultation with the board and the health care authority, shall, by rule, select the largest small group plan in the state by enrollment as the benchmark plan for the individual and small group market for purposes of establishing the essential health benefits in Washington state under P.L. 111-148 of 2010, as amended.
(2) If the essential health benefits benchmark plan for the individual and small group market does not include all of the ten benefit categories specified by section 1302 of P.L. 111-148, as amended, the commissioner, in consultation with the board and the health care authority, shall, by rule, supplement the benchmark plan benefits as needed to meet the minimum requirements of section 1302.
(3) A health plan
required to offer the essential health benefits, other than a health plan
offered through the federal basic health program or medicaid, under P.L.
111-148 of 2010, as amended, may not be offered in the state unless the
commissioner finds that it is substantially equal to the benchmark plan. When
making this determination, the commissioner ((must)):
(a) Must ensure
that the plan covers the ten essential health benefits categories specified in
section 1302 of P.L. 111-148 of 2010, as amended; ((and))
(b) May consider whether
the health plan has a benefit design that would create a risk of biased
selection based on health status and whether the health plan contains
meaningful scope and level of benefits in each of the ten essential health
benefit categories specified by section 1302 of P.L. 111-148 of 2010, as
amended;
(c) Notwithstanding the foregoing, for benefit years beginning January
1, 2015, and only to the extent permitted by federal law and guidance, must
establish by rule the review and approval requirements and procedures for
pediatric oral services when offered in stand-alone dental plans in the
nongrandfathered individual and small group markets outside of the exchange;
and
(d) Unless prohibited by federal law and guidance, must allow health
carriers to also offer pediatric oral services within the health benefit plan
in the nongrandfathered individual and small group markets outside of the
exchange.
(4) Beginning December 15, 2012, and every year thereafter, the commissioner shall submit to the legislature a list of state-mandated health benefits, the enforcement of which will result in federally imposed costs to the state related to the plans sold through the exchange because the benefits are not included in the essential health benefits designated under federal law. The list must include the anticipated costs to the state of each state-mandated health benefit on the list and any statutory changes needed if funds are not appropriated to defray the state costs for the listed mandate. The commissioner may enforce a mandate on the list for the entire market only if funds are appropriated in an omnibus appropriations act specifically to pay the state portion of the identified costs.
Sec. 2. RCW 48.46.243 and 2008 c 217 s 56 are each amended to read as follows:
(1) Subject to subsection (2) of this section, every contract between a health maintenance organization and its participating providers of health care services shall be in writing and shall set forth that in the event the health maintenance organization fails to pay for health care services as set forth in the agreement, the enrolled participant shall not be liable to the provider for any sums owed by the health maintenance organization. Every such contract shall provide that this requirement shall survive termination of the contract.
(2) The provisions of
subsection (1) of this section shall not apply:
(a) To emergency care from a provider who is not a participating
provider((,));
(b) To out-of-area services;
(c) To the delivery of covered pediatric oral services that are
substantially equal to the essential health benefits benchmark plan; or((,))
(d) In exceptional situations approved in advance by the commissioner, if the health maintenance organization is unable to negotiate reasonable and cost-effective participating provider contracts.
(3)(a) Each participating provider contract form shall be filed with the commissioner fifteen days before it is used.
(b) Any contract form not affirmatively disapproved within fifteen days of filing shall be deemed approved, except that the commissioner may extend the approval period an additional fifteen days upon giving notice before the expiration of the initial fifteen-day period. The commissioner may approve such a contract form for immediate use at any time. Approval may be subsequently withdrawn for cause.
(c) Subject to the right of the health maintenance organization to demand and receive a hearing under chapters 48.04 and 34.05 RCW, the commissioner may disapprove such a contract form if it is in any respect in violation of this chapter or if it fails to conform to minimum provisions or standards required by the commissioner by rule under chapter 34.05 RCW.
(4) No participating provider, or insurance producer, trustee, or assignee thereof, may maintain an action against an enrolled participant to collect sums owed by the health maintenance organization.
Sec. 3. RCW 48.14.0201 and 2011 c 47 s 8 are each amended to read as follows:
(1) As used in this
section, "taxpayer" means a health maintenance organization as
defined in RCW 48.46.020, a health care service contractor as defined in ((RCW
48.44.010)) chapter 48.44 RCW, or a self-funded multiple employer
welfare arrangement as defined in RCW 48.125.010.
(2) Each taxpayer must pay a tax on or before the first day of March of each year to the state treasurer through the insurance commissioner's office. The tax must be equal to the total amount of all premiums and prepayments for health care services collected or received by the taxpayer under RCW 48.14.090 during the preceding calendar year multiplied by the rate of two percent. For tax purposes, the reporting of premiums and prepayments must be on a written basis or on a paid-for basis consistent with the basis required by the annual statement.
(3) Taxpayers must prepay their tax obligations under this section. The minimum amount of the prepayments is the percentages of the taxpayer's tax obligation for the preceding calendar year recomputed using the rate in effect for the current year. For the prepayment of taxes due during the first calendar year, the minimum amount of the prepayments is the percentages of the taxpayer's tax obligation that would have been due had the tax been in effect during the previous calendar year. The tax prepayments must be paid to the state treasurer through the commissioner's office by the due dates and in the following amounts:
(a) On or before June 15, forty-five percent;
(b) On or before September 15, twenty-five percent;
(c) On or before December 15, twenty-five percent.
(4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding calendar year's tax obligation as recomputed for calculating the health maintenance organization's, health care service contractor's, self-funded multiple employer welfare arrangement's, or certified health plan's prepayment obligations for the current tax year.
(5) Moneys collected under this section are deposited in the general fund.
(6) The taxes imposed in this section do not apply to:
(a) Amounts received by any taxpayer from the United States or any instrumentality thereof as prepayments for health care services provided under Title XVIII (medicare) of the federal social security act.
(b) Amounts received by any taxpayer from the state of Washington as prepayments for health care services provided under:
(i) The medical care services program as provided in RCW 74.09.035; or
(ii) The Washington basic health plan on behalf of subsidized enrollees as provided in chapter 70.47 RCW.
(c) Amounts received by
any health care service contractor((,)) as defined in ((RCW 48.44.010))
chapter 48.44 RCW, or any health maintenance organization as defined
in chapter 48.46 RCW, as prepayments for health care services included
within the definition of practice of dentistry under RCW 18.32.020, except
amounts received for pediatric oral services that qualify as coverage for the
minimum essential coverage requirement under P.L. 111-148 (2010), as amended.
(d) Participant contributions to self-funded multiple employer welfare arrangements that are not taxable in this state.
(7) Beginning January 1, 2000, the state preempts the field of imposing excise or privilege taxes upon taxpayers and no county, city, town, or other municipal subdivision has the right to impose any such taxes upon such taxpayers. This subsection is limited to premiums and payments for health benefit plans offered by health care service contractors under chapter 48.44 RCW, health maintenance organizations under chapter 48.46 RCW, and self-funded multiple employer welfare arrangements as defined in RCW 48.125.010. The preemption authorized by this subsection must not impair the ability of a county, city, town, or other municipal subdivision to impose excise or privilege taxes upon the health care services directly delivered by the employees of a health maintenance organization under chapter 48.46 RCW.
(8)(a) The taxes imposed by this section apply to a self-funded multiple employer welfare arrangement only in the event that they are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq. The arrangements and the commissioner must initially request an advisory opinion from the United States department of labor or obtain a declaratory ruling from a federal court on the legality of imposing state premium taxes on these arrangements. Once the legality of the taxes has been determined, the multiple employer welfare arrangement certified by the insurance commissioner must begin payment of these taxes.
(b) If there has not been a final determination of the legality of these taxes, then beginning on the earlier of (i) the date the fourth multiple employer welfare arrangement has been certified by the insurance commissioner, or (ii) April 1, 2006, the arrangement must deposit the taxes imposed by this section into an interest bearing escrow account maintained by the arrangement. Upon a final determination that the taxes are not preempted by the employee retirement income security act of 1974, as amended, 29 U.S.C. Sec. 1001 et seq., all funds in the interest bearing escrow account must be transferred to the state treasurer.
(9) The effect of transferring contracts for health care services from one taxpayer to another taxpayer is to transfer the tax prepayment obligation with respect to the contracts.
(10) On or before June 1st of each year, the commissioner must notify each taxpayer required to make prepayments in that year of the amount of each prepayment and must provide remittance forms to be used by the taxpayer. However, a taxpayer's responsibility to make prepayments is not affected by failure of the commissioner to send, or the taxpayer to receive, the notice or forms.
Sec. 4. RCW 48.14.020 and 2009 c 161 s 3 are each amended to read as follows:
(1) Subject to other
provisions of this chapter, each authorized insurer except title insurers shall
on or before the first day of March of each year pay to the state treasurer
through the commissioner's office a tax on premiums. Except as provided in
subsection (((2))) (3) of this section, such tax shall be in the
amount of two percent of all premiums, excluding amounts returned to or the
amount of reductions in premiums allowed to holders of industrial life policies
for payment of premiums directly to an office of the insurer, collected or
received by the insurer under RCW 48.14.090 during the preceding calendar year
other than ocean marine and foreign trade insurances, after deducting premiums
paid to policyholders as returned premiums, upon risks or property resident,
situated, or to be performed in this state. For tax purposes, the reporting of
premiums shall be on a written basis or on a paid-for basis consistent with the
basis required by the annual statement. For the purposes of this section the
consideration received by an insurer for the granting of an annuity shall not
be deemed to be a premium.
(2) The taxes imposed
in this section do not apply to amounts received by any life and disability
insurer for health care services included within the definition of practice of
dentistry under RCW 18.32.020 except amounts received for pediatric oral
services that qualify as coverage for the minimum essential coverage
requirement under P.L. 111-148 (2010), as amended.
(3) In the case of insurers which require the payment by their
policyholders at the inception of their policies of the entire premium thereon
in the form of premiums or premium deposits which are the same in amount, based
on the character of the risks, regardless of the length of term for which such
policies are written, such tax shall be in the amount of two percent of the
gross amount of such premiums and premium deposits upon policies on risks resident,
located, or to be performed in this state, in force as of the thirty-first day
of December next preceding, less the unused or unabsorbed portion of such
premiums and premium deposits computed at the average rate thereof actually
paid or credited to policyholders or applied in part payment of any renewal
premiums or premium deposits on one-year policies expiring during such year.
(((3))) (4)
Each authorized insurer shall with respect to all ocean marine and foreign
trade insurance contracts written within this state during the preceding
calendar year, on or before the first day of March of each year pay to the
state treasurer through the commissioner's office a tax of ninety-five
one-hundredths of one percent on its gross underwriting profit. Such gross
underwriting profit shall be ascertained by deducting from the net premiums
(i.e., gross premiums less all return premiums and premiums for reinsurance) on
such ocean marine and foreign trade insurance contracts the net losses paid
(i.e., gross losses paid less salvage and recoveries on reinsurance ceded)
during such calendar year under such contracts. In the case of insurers
issuing participating contracts, such gross underwriting profit shall not
include, for computation of the tax prescribed by this subsection, the amounts
refunded, or paid as participation dividends, by such insurers to the holders
of such contracts.
(((4))) (5)
The state does hereby preempt the field of imposing excise or privilege taxes
upon insurers or their appointed insurance producers, other than title
insurers, and no county, city, town or other municipal subdivision shall have
the right to impose any such taxes upon such insurers or these insurance
producers.
(((5))) (6)
If an authorized insurer collects or receives any such premiums on account of
policies in force in this state which were originally issued by another insurer
and which other insurer is not authorized to transact insurance in this state
on its own account, such collecting insurer shall be liable for and shall pay
the tax on such premiums."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 1846.
The motion by Senator Becker carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "coverage;" strike the remainder of the title and insert "and amending RCW 48.43.715, 48.46.243, 48.14.0201, and 48.14.020."
MOTION
On motion of Senator Becker, the rules were suspended, Engrossed Substitute House Bill No. 1846 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 Becker and Keiser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1846 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1846 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senator Holmquist Newbry
Excused: Senator Carrell
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1846 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. 1116, by House Committee on Judiciary (originally sponsored by Representatives Pedersen, Hansen, Rodne and Nealey)
Adopting the uniform collaborative law act.
The measure was read the second time.
MOTION
Senator Padden moved that the following committee striking amendment by the Committee on Law & Justice be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. SHORT TITLE. This chapter may be known and cited as the "uniform collaborative law act."
NEW SECTION. Sec. 2. DEFINITIONS. In this chapter:
(1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:
(a) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and
(b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
(2) "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.
(3) "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:
(a) Sign a collaborative law participation agreement; and
(b) Are represented by collaborative lawyers.
(4) "Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.
(5) "Collaborative matter" means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement.
(6) "Law firm" means:
(a) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association; and
(b) Lawyers employed in a legal services organization, or the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency, or instrumentality.
(7) "Nonparty participant" means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process.
(8) "Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
(9) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) "Proceeding" means a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery.
(11) "Prospective party" means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
(14) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(15) "Tribunal" means a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter.
NEW SECTION. Sec. 3. APPLICABILITY. (1) This chapter applies to a collaborative law participation agreement that meets the requirements of section 4 of this act signed on or after the effective date of this section.
(2) The use of collaborative law applies only to matters that would be resolved in civil court and may not be used to resolve matters in criminal cases.
NEW SECTION. Sec. 4. COLLABORATIVE LAW PARTICIPATION AGREEMENT; REQUIREMENTS. (1) A collaborative law participation agreement must:
(a) Be in a record;
(b) Be signed by the parties;
(c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;
(d) Describe the nature and scope of the matter;
(e) Identify the collaborative lawyer who represents each party in the process; and
(f) Contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.
(2) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter.
NEW SECTION. Sec. 5. BEGINNING AND CONCLUDING COLLABORATIVE LAW PROCESS. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(2) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(3) A collaborative law process is concluded by a:
(a) Resolution of a collaborative matter as evidenced by a signed record;
(b) Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(c) Termination of the process.
(4) A collaborative law process terminates:
(a) When a party gives notice to other parties in a record that the process is ended; or
(b) When a party:
(i) Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(ii) In a pending proceeding related to the matter:
(A) Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal without the agreement of all parties as to the relief sought;
(B) Requests that the proceeding be put on the tribunal's active calendar; or
(C) Takes similar contested action requiring notice to be sent to the parties; or
(c) Except as otherwise provided by subsection (7) of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(6) A party may terminate a collaborative law process with or without cause.
(7) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (5) of this section is sent to the parties:
(a) The unrepresented party engages a successor collaborative lawyer; and
(b) In a signed record:
(i) The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(ii) The agreement is amended to identify the successor collaborative lawyer; and
(iii) The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative law process.
(8) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(9) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
NEW SECTION. Sec. 6. PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS REPORT. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. Parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (3) of this section and sections 7 and 8 of this act, the filing operates as an application for a stay of the proceeding.
(2) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (1) of this section is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(3) A tribunal in which a proceeding is stayed under subsection (1) of this section may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative matter.
(4) A tribunal may not consider a communication made in violation of subsection (3) of this section.
(5) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative law process is filed based on delay or failure to prosecute.
NEW SECTION. Sec. 7. EMERGENCY ORDER. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a family or household member, as defined in RCW 26.50.010.
NEW SECTION. Sec. 8. APPROVAL OF AGREEMENT BY TRIBUNAL. A tribunal may approve an agreement resulting from a collaborative law process.
NEW SECTION. Sec. 9. DISQUALIFICATION OF COLLABORATIVE LAWYER AND LAWYERS IN ASSOCIATED LAW FIRM. (1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
(2) Except as otherwise provided in subsection (3) of this section and section 10 of this act, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (1) of this section.
(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(a) To ask a tribunal to approve an agreement resulting from the collaborative law process; or
(b) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or family or household member, as defined in RCW 26.50.010, if a successor lawyer is not immediately available to represent that person.
(4) If subsection (3)(b) of this section applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or family or household member only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
NEW SECTION. Sec. 10. GOVERNMENTAL ENTITY AS PARTY. (1) The disqualification of section 9(1) of this act applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:
(a) The collaborative law participation agreement so provides; and
(b) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.
NEW SECTION. Sec. 11. DISCLOSURE OF INFORMATION. Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
NEW SECTION. Sec. 12. STANDARDS OF PROFESSIONAL RESPONSIBILITY AND MANDATORY REPORTING NOT AFFECTED. (1) This chapter does not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or relieve a lawyer or other licensed professional from the duty to comply with all applicable professional responsibility obligations and standards.
(2) This chapter does not affect the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
(3) Noncompliance with an obligation or prohibition imposed by this chapter does not in itself establish grounds for professional discipline.
NEW SECTION. Sec. 13. APPROPRIATENESS OF COLLABORATIVE LAW PROCESS. Before a prospective party signs a collaborative law participation agreement, the prospective party must:
(1) Be advised as to whether a collaborative law process is appropriate for the prospective party's matter;
(2) Be provided with sufficient information to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation;
(3) Be informed that after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(4) Be informed that participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(5) Be informed that the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by law or court rule.
NEW SECTION. Sec. 14. COERCIVE OR VIOLENT RELATIONSHIP. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(a) The party or the prospective party requests beginning or continuing a process; and
(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
NEW SECTION. Sec. 15. CONFIDENTIALITY OF COLLABORATIVE LAW COMMUNICATION. Subject to section 12 of this act, a collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this chapter.
NEW SECTION. Sec. 16. PRIVILEGE AGAINST DISCLOSURE FOR COLLABORATIVE LAW COMMUNICATION; ADMISSIBILITY; DISCOVERY. (1) Subject to sections 17 and 18 of this act, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
NEW SECTION. Sec. 17. WAIVER AND PRECLUSION OF PRIVILEGE. (1) A privilege under section 16 of this act may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(2) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 16 of this act, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
NEW SECTION. Sec. 18. LIMITS OF PRIVILEGE. (1) There is no privilege under section 16 of this act for a collaborative law communication that is:
(a) Available to the public under chapter 42.56 RCW or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;
(b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
(d) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
(2) The privileges under section 16 of this act for a collaborative law communication do not apply to the extent that a communication is:
(a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process;
(b) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services agency or adult protective services agency is a party to or otherwise participates in the process; or
(c) Sought or offered to prove or disprove stalking or cyber stalking of a party or child.
(3) There is no privilege under section 16 of this act if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in:
(a) A court proceeding involving a felony or misdemeanor; or
(b) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
(4) If a collaborative law communication is subject to an exception under subsection (2) or (3) of this section, only the part of the communication necessary for the application of the exception may be disclosed or admitted.
(5) Disclosure or admission of evidence excepted from the privilege under subsection (2) or (3) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
(6) The privileges under section 16 of this act do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
NEW SECTION. Sec. 19. AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE. (1) If an agreement fails to meet the requirements of section 4 of this act, or a lawyer fails to comply with section 13 or 14 of this act, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) Reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1) of this section, and the interests of justice require, the tribunal may:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of sections 5, 6, 9, and 10 of this act; and
(c) Apply a privilege under section 16 of this act.
NEW SECTION. Sec. 20. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
NEW SECTION. Sec. 21. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
NEW SECTION. Sec. 22. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 23. Sections 1 through 22 of this act constitute a new chapter in Title 7 RCW."
Senator Padden spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Law & Justice to Substitute House Bill No. 1116.
The motion by Senator Padden carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "law;" strike the remainder of the title and insert "and adding a new chapter to Title 7 RCW."
MOTION
On motion of Senator Padden, the rules were suspended, Substitute House Bill No. 1116 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 Padden 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. 1116 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1116 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 Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1116 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. 1808, by Representatives Nealey and Hurst
Addressing the proper disposal of legal amounts of marijuana inadvertently left at retail stores holding a pharmacy license.
The measure was read the second time.
MOTION
Senator Dammeier moved that the following committee striking amendment by the Committee on Health Care be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 69.50 RCW to read as follows:
(1) Upon finding one ounce or less of marijuana inadvertently left at a retail store holding a pharmacy license, the store manager or employee must promptly notify the local law enforcement agency. After notification to the local law enforcement agency, the store manager or employee must properly dispose of the marijuana.
(2) For the purposes of this section, "properly dispose" means:
(a) Taking the marijuana to a drug take back program at a law enforcement agency;
(b) Disposing of the marijuana in accordance with drug enforcement agency registrant disposal requirements relating to controlled substances; or
(c) Disposing of the marijuana in accordance with board of pharmacy rules adopted in conjunction with law enforcement and retail stores holding pharmacy licenses."
MOTION
Senator Dammeier moved that the following amendment by Senators Dammeier and Becker to the committee striking amendment be adopted:
On page 1, beginning on line 10 of the amendment, after "means" strike all material through "licenses" and insert "ensuring that the product is destroyed or rendered incapable of use by another person"
Senators Dammeier and Keiser spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Dammeier and Becker on page 1, line 10 to the committee striking amendment to Engrossed House Bill No. 1808.
The motion by Senator Dammeier carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health Care as amended to Engrossed House Bill No. 1808.
The motion by Senator Dammeier carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 3 of the title, after "license;" strike the remainder of the title and insert "and adding a new section to chapter 69.50 RCW."
MOTION
On motion of Senator Dammeier, the rules were suspended, Engrossed House Bill No. 1808 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 Dammeier 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. 1808 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1808 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 Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
ENGROSSED HOUSE BILL NO. 1808 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1253, by House Committee on Finance (originally sponsored by Representatives Blake, Orcutt, Takko, Dahlquist, Haigh, Hunt, Walsh, Lytton, Nealey, Morris, Hudgins, McCoy, Zeiger, Maxwell, Pettigrew, Bergquist, Van De Wege, Upthegrove and Freeman)
Concerning the lodging tax.
The measure was read the second time.
MOTION
Senator Braun moved that the following committee striking amendment by the Committee on Ways & Means be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 67.28.1816 and 2008 c 28 s 1 are each amended to read as follows:
(1) Lodging tax revenues
under this chapter may be used, directly by ((local jurisdictions)) any
municipality or indirectly through a convention and visitors bureau or
destination marketing organization((,)) for:
(a) Tourism marketing;
(b) The marketing and operations of special events and festivals designed
to attract tourists ((and to support));
(c) Supporting the operations and capital expenditures of tourism-related
facilities owned or operated by a municipality or a public facilities
district created under chapters 35.57 and 36.100 RCW; or
(d) Supporting the operations of tourism-related facilities owned or
operated by nonprofit organizations described under ((section)) 26
U.S.C. Sec. 501(c)(3) and ((section)) 26 U.S.C. Sec.
501(c)(6) of the internal revenue code of 1986, as amended.
(2) ((Local
jurisdictions that use the lodging tax revenues under this section must submit
an annual economic impact report to the department of community, trade, and
economic development for expenditures made beginning January 1, 2008. These
reports must include the expenditures by the local jurisdiction for tourism
promotion purposes and what is used by a nonprofit organization exempt from
taxation under 26 U.S.C. Sec. 501(c)(3) or 501(c)(6). This economic impact
report, at a minimum, must include: (a) The total revenue received under this
chapter for each year; (b) the list of festivals, special events, or nonprofit 501(c)(3)
or 501(c)(6) organizations that received funds under this chapter; (c) the list
of festivals, special events, or tourism facilities sponsored or owned by the
local jurisdiction that received funds under this chapter; (d) the amount of
revenue expended on each festival, special event, or tourism‑related
facility owned or sponsored by a nonprofit 501(c)(3) or 501(c)(6) organization
or local jurisdiction; (e) the estimated number of tourists, persons traveling
over fifty miles to the destination, persons remaining at the destination
overnight, and lodging stays generated per festival, special event, or tourism‑related
facility owned or sponsored by a nonprofit 501(c)(3) or 501(c)(6) organization
or local jurisdiction; and (f) any other measurements the local government
finds that demonstrate the impact of the increased tourism attributable to the
festival, special event, or tourism-related facility owned or sponsored by a
nonprofit 501(c)(3) or 501(c)(6) organization or local jurisdiction.
(3) The joint legislative audit and review committee must report to
the legislature and the governor on the use and economic impact of lodging tax
revenues by local jurisdictions since January 1, 2008, to support festivals,
special events, and tourism-related facilities owned or sponsored by a
nonprofit organization under section 501(c)(3) or 501(c)(6) of the internal
revenue code of 1986, as amended, or a local jurisdiction, and the economic
impact generated by these festivals, events, and facilities. This report shall
be due September 1, 2012.
(4) Reporting under this section must begin with calendar year 2008.
(5) This section expires June 30, 2013.)) (a) Except as
provided in (b) of this subsection, applicants applying for use of revenues in
this chapter must provide the municipality to which they are applying estimates
of how any moneys received will result in increases in the number of people
traveling for business or pleasure on a trip:
(i) Away from their place of residence or business and staying
overnight in paid accommodations;
(ii) To a place fifty miles or more one way from their place of
residence or business for the day or staying overnight; or
(iii) From another country or state outside of their place of
residence or their business.
(b)(i) In a municipality with a population of five thousand or more,
applicants applying for use of revenues in this chapter must submit their
applications and estimates described under (a) of this subsection to the local
lodging tax advisory committee.
(ii) The local lodging tax advisory committee must select the
candidates from amongst the applicants applying for use of revenues in this
chapter and provide a list of such candidates and recommended amounts of
funding to the municipality for final determination. The municipality may
choose only recipients from the list of candidates and recommended amounts
provided by the local lodging tax advisory committee.
(c)(i) All recipients must submit a report to the municipality
describing the actual number of people traveling for business or pleasure on a
trip:
(A) Away from their place of residence or business and staying
overnight in paid accommodations;
(B) To a place fifty miles or more one way from their place of
residence or business for the day or staying overnight; or
(C) From another country or state outside of their place of residence
or their business. A municipality receiving a report must: Make such
report available to the local legislative body and the public; and furnish
copies of the report to the joint legislative audit and review committee and
members of the local lodging tax advisory committee.
(ii) The joint legislative audit and review committee must on a
biennial basis report to the economic development committees of the legislature
on the use of lodging tax revenues by municipalities. Reporting under
this subsection must begin in calendar year 2015.
(d) This section does not apply to the revenues of any lodging tax authorized under this chapter imposed by a county with a population of one million five hundred thousand or more.
Sec. 2. RCW 67.28.080 and 2007 c 497 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Acquisition" includes, but is not limited to, siting, acquisition, design, construction, refurbishing, expansion, repair, and improvement, including paying or securing the payment of all or any portion of general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purpose or purposes under this chapter.
(2) "Municipality" means any county, city or town of the state of Washington.
(3) "Operation" includes, but is not limited to, operation, management, and marketing.
(4) "Person" means the federal government or any agency thereof, the state or any agency, subdivision, taxing district or municipal corporation thereof other than county, city or town, any private corporation, partnership, association, or individual.
(5) "Tourism" means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs.
(6) "Tourism promotion" means activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists.
(7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a)(i) Owned by a public entity; (ii) owned by a nonprofit organization described under section 501(c)(3) of the federal internal revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section 501(c)(6) of the federal internal revenue code of 1986, as amended, a business organization, destination marketing organization, main street organization, lodging association, or chamber of commerce and (b) used to support tourism, performing arts, or to accommodate tourist activities.
(((8)
"Tourist" means a person who travels from a place of residence to a
different town, city, county, state, or country, for purposes of business,
pleasure, recreation, education, arts, heritage, or culture.
(9) Amendments made in section 1, chapter 497, Laws of 2007 expire
June 30, 2013.))
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 1253.
The motion by Senator Braun carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "tax;" strike the remainder of the title and insert "amending RCW 67.28.1816; reenacting and amending RCW 67.28.080; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Braun, the rules were suspended, Engrossed Substitute House Bill No. 1253 as amended by the Senate was advanced to third reading, the second reading considered the third and the was placed on final passage.
Senators Braun, Mullet, Chase, Smith and Fraser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1253 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1253 as amended by the Senate and the passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Voting nay: Senator Rolfes
Excused: Senator Carrell
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1253 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1512, by House Committee on Local Government (originally sponsored by Representatives Takko, Kochmar, Fitzgibbon, Buys, Sullivan, Magendanz, Springer, Van De Wege and Ryu)
Concerning fire suppression water facilities and services provided by municipal and other water purveyors.
The measure was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1512 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Roach 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. 1512.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1512 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin and Tom
Voting nay: Senators Baumgartner, Holmquist Newbry and Smith
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1512, 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. 1752, by House Committee on Transportation (originally sponsored by Representatives Orcutt, Clibborn and Ryu)
Modifying requirements for the operation of commercial motor vehicles in compliance with federal regulations.
The measure was read the second time.
MOTION
Senator Benton moved that the following amendment by Senator Benton be adopted:
On page 30, after line 12, insert the following:
"NEW SECTION. Sec. 17. A new section is added to chapter 46.20 RCW to read as follows:
(1) Beginning January 1, 2014, any person obtaining or renewing his or her driver's license, driver's instruction permit, agricultural driving permit, identicard, intermediate license, or commercial driver's license shall show proof of his or her United States citizenship or his or her lawful presence within the United States. An original or renewal application must not be granted to any person who does not provide verified proof of his or her United States citizenship or his or her lawful presence within the United States. A person who is a citizen or national of the United States, or who is a legal permanent resident alien, must not be required to provide proof under this subsection, so long as the department has a record of the person's status in compliance with subsection (4) of this section.
(2) A person may prove his or her citizenship by providing a valid, unexpired United States passport or passport card, a certified copy of a birth certificate, a consular report of birth abroad issued by the United States department of state, a certificate of naturalization issued by the department of homeland security, or a certificate of citizenship.
(3) A person may prove his or her lawful presence within the United States by providing documentation that he or she is an alien:
(a) Lawfully admitted for permanent or temporary residence in the United States;
(b) With conditional permanent resident status in the United States;
(c) Who has an approved application for asylum in the United States or has entered into the United States in refugee status;
(d) Who has a valid nonimmigrant status in the United States;
(e) Who has a pending application for asylum in the United States;
(f) Who has a pending or approved application for temporary protected status in the United States;
(g) Who has approved deferred action status; or
(h) Who has a pending application for lawful permanent residence or conditional permanent resident status.
(4) The department shall maintain records of an applicant's status as a United States citizen or as a noncitizen, including the type of document provided and the expiration of the applicant's authorization to lawfully be within the United States. The department shall make such records available to the secretary of state and state and local criminal justice agencies.
(5) The department shall verify the status of an applicant through either the systematic alien verification for entitlements program or through verification of the applicant's social security number with the United States social security administration.
Renumber the remaining section consecutively and correct any internal references accordingly.
On page 30, after line 14, insert the following:
"NEW SECTION. Sec. 18. Section 17 of this act takes effect January 1, 2014."
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "the requirements for the operation of general motor vehicles and commercial vehicles in compliance with federal regulations; amending RCW 46.01.130, 46.25.010, 46.25.010, 46.25.050, 46.25.060, 46.25.070, 46.25.075, 46.25.080, 46.25.100, 46.25.130, 46.25.160, 46.61.667, and 46.61.668; adding new sections to chapter 46.25 RCW; adding a new section to chapter 46.20 RCW; and providing effective dates."
WITHDRAWAL OF AMENDMENT
On motion of Senator Benton, the amendment by Senator Benton on page 30, line 12 to Substitute House Bill No. 1752 was withdrawn.
MOTION
On motion of Senator King, the rules were suspended, Substitute House Bill No. 1752 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators King and Eide 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. 1752.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1752 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1752, 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. 1327, by House Committee on Business & Financial Services (originally sponsored by Representatives Kirby, Ryu and Santos)
Addressing licensing and enforcement provisions applicable to money transmitters.
The measure was read the second time.
MOTION
On motion of Senator Hobbs, the rules were suspended, Substitute House Bill No. 1327 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hobbs spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1327.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1327 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom
Excused: Senator Carrell
SUBSTITUTE HOUSE BILL NO. 1327, 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 8:01 p.m., on motion of Senator Fain, the Senate adjourned until 10:00 a.m. Tuesday, April 16, 2013.
BRAD OWEN, President of the Senate
HUNTER GOODMAN, Secretary of the Senate
1006
Second Reading..................................................................... 9
Third Reading Final Passage............................................... 10
1068-S
Other Action........................................................................... 6
Second Reading..................................................................... 5
Third Reading Final Passage................................................. 6
1093-S
Second Reading................................................................... 13
1108
Second Reading................................................................... 18
Third Reading Final Passage............................................... 18
1116-S
Other Action......................................................................... 50
Second Reading................................................................... 46
Third Reading Final Passage............................................... 50
1124
Second Reading................................................................... 40
Third Reading Final Passage............................................... 40
1130-S
Other Action......................................................................... 43
Second Reading................................................................... 41
Third Reading Final Passage............................................... 43
1141-S
Second Reading..................................................................... 7
Third Reading Final Passage................................................. 7
1148
Second Reading..................................................................... 6
Third Reading Final Passage................................................. 6
1154
Second Reading................................................................... 10
Third Reading Final Passage............................................... 10
1175
Second Reading................................................................... 43
Third Reading Final Passage............................................... 43
1192-S
Second Reading................................................................... 13
Third Reading Final Passage............................................... 13
1207
Other Action......................................................................... 23
Second Reading................................................................... 21
Third Reading Final Passage............................................... 23
1253-S
Other Action......................................................................... 52
Second Reading................................................................... 51
Third Reading Final Passage............................................... 52
1277
Other Action......................................................................... 24
Second Reading................................................................... 23
Third Reading Final Passage............................................... 24
1291-S
Other Action......................................................................... 17
Second Reading................................................................... 14
Third Reading Final Passage............................................... 17
1327-S
Second Reading................................................................... 54
Third Reading Final Passage............................................... 54
1336-S
Other Action......................................................................... 12
Second Reading................................................................... 10
Third Reading Final Passage............................................... 12
1341-S
Other Action......................................................................... 39
Second Reading............................................................. 36, 39
Third Reading Final Passage............................................... 40
1351
Second Reading................................................................... 36
Third Reading Final Passage............................................... 36
1400
Second Reading..................................................................... 8
Third Reading Final Passage................................................. 9
1404
Second Reading................................................................... 13
Third Reading Final Passage............................................... 13
1435-S
Second Reading..................................................................... 9
Third Reading Final Passage................................................. 9
1512-S
Second Reading................................................................... 52
Third Reading Final Passage............................................... 53
1515-S
Second Reading................................................................... 12
Third Reading Final Passage............................................... 13
1524-S
Second Reading................................................................... 36
Third Reading Final Passage............................................... 36
1541-S
Other Action........................................................................... 8
Second Reading..................................................................... 7
Third Reading Final Passage................................................. 8
1652-S
Second Reading................................................................... 34
Third Reading Final Passage............................................... 35
1677
Second Reading................................................................... 10
Third Reading Final Passage............................................... 10
1723-S
Other Action................................................................... 31, 34
Second Reading............................................................. 28, 31
1723-S2
Other Action......................................................................... 27
Second Reading................................................................... 24
Third Reading Final Passage............................................... 34
1752-S
Other Action......................................................................... 53
Second Reading................................................................... 53
Third Reading Final Passage............................................... 53
1774-S
Other Action......................................................................... 20
Second Reading............................................................. 18, 20
Third Reading Final Passage............................................... 20
1808
Other Action......................................................................... 50
Second Reading................................................................... 50
Third Reading Final Passage............................................... 51
1846-S
Other Action......................................................................... 46
Second Reading................................................................... 44
Third Reading Final Passage............................................... 46
1853-S
Second Reading..................................................................... 9
Third Reading Final Passage................................................. 9
1883-S
Other Action......................................................................... 44
Second Reading............................................................. 43, 44
Third Reading Final Passage............................................... 44
1903
Second Reading................................................................... 40
Third Reading Final Passage............................................... 40
1944-S
Second Reading................................................................... 17
Third Reading Final Passage............................................... 18
5035
Committee Report.................................................................. 1
5036
Committee Report.................................................................. 1
5110-S
Messages................................................................................ 2
President Signed................................................................... 40
5296
Committee Report.................................................................. 1
5302
Messages................................................................................ 2
President Signed................................................................... 40
5316-S
Messages................................................................................ 2
President Signed................................................................... 40
5332-S
Messages................................................................................ 2
President Signed................................................................... 40
5568-S
Messages................................................................................ 2
President Signed................................................................... 40
5624-S2
Messages................................................................................ 2
President Signed................................................................... 40
5849-S
Messages................................................................................ 2
President Signed................................................................... 40
5892
Committee Report.................................................................. 1
5897
Committee Report.................................................................. 1
5898
Committee Report.................................................................. 1
5903
Committee Report.................................................................. 2
5904
Committee Report.................................................................. 2
5905
Committee Report.................................................................. 2
5909
Introduction & 1st Reading..................................................... 2
5910
Introduction & 1st Reading..................................................... 2
5911
Introduction & 1st Reading..................................................... 4
5912
Introduction & 1st Reading..................................................... 4
5913
Introduction & 1st Reading..................................................... 5
8650
Adopted.................................................................................. 3
Introduced.............................................................................. 3
9093 Dan Dixon
Confirmed.............................................................................. 3
9100 Betti Fujikado
Confirmed.............................................................................. 4
9121 Jeremy Jaech
Confirmed.............................................................................. 4
9135 Chris Liu
Confirmed.............................................................................. 4
9160 Rafael Pruneda
Confirmed............................................................................ 35
PRESIDENT OF THE SENATE
Intro. Special Guest, Gift of Life........................................... 3
Intro. Special Guests, families of Gift of Life....................... 3
Remarks by the President....................................................... 6
WASHINGTON STATE SENATE
Personal Privilege, Senator Murray..................................... 24
Personal Privilege, Senator Parlette..................................... 24
Personal Privilege, Senator Tom.......................................... 35