ONE HUNDRED FOURTH DAY

 


MORNING SESSION

 

Senate Chamber, Olympia, Saturday, April 27, 2013

 

The Senate was called to order at 11:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Carrell, Conway, Darneille and McAuliffe.

The Sergeant at Arms Color Guard consisting of Senate Interns Melissa Rose Day and Alexis Guse, presented the Colors. Senator Bailey 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

 

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

 

MESSAGE FROM THE HOUSE

 

April 26, 2013

 

MR. PRESIDENT:

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

SUBSTITUTE HOUSE BILL NO. 1183,

HOUSE BILL NO. 1471,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 26, 2013

 

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1130,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1253,

ENGROSSED HOUSE BILL NO. 1421,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1552,

SECOND SUBSTITUTE HOUSE BILL NO. 1723,

SUBSTITUTE HOUSE BILL NO. 1821,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

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
8661

 

By Senator Sheldon

††††† WHEREAS, The Washington State Senate recognize and value the role and the contributions of the church to the development of our citizens and our communities; and

††††† WHEREAS, On August 1, 1863, six pioneers led by Reverend John Jay Clark and Reverend Alvin Clark formed the Salmon Creek Baptist Church, which later became Brush Prairie Baptist Church; and

††††† WHEREAS, The first pastor, Reverend John Jay Clark, of the church was elected to the Territorial Legislature in 1869, where he served one term; and

††††† WHEREAS, The Brush Prairie Baptist Church is recognized as the oldest Baptist Church in Washington State; and

††††† WHEREAS, The Brush Prairie Baptist Church has continued to serve the community from its present location since 1894; and

††††† WHEREAS, The Brush Prairie Baptist Church has sent ministers and assisted in founding new churches in Clark County, Washington, and around the world; and

††††† WHEREAS, The Brush Prairie Baptist Church has ministered to the greater Vancouver community in both temporal and spiritual needs since its inception until now; and

††††† WHEREAS, In August 2013, the Brush Prairie Baptist Church will be celebrating its 150th anniversary; and

††††† WHEREAS, The members of the Brush Prairie Baptist Church will celebrate this 150th anniversary by serving the community through 150 unique community service touch points, beginning in August 2013;

††††† NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the longevity, perseverance, and contribution of the Brush Prairie Baptist Church and recognize its upcoming 150th anniversary; and

††††† BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of the Senate to the City of Vancouver and the Brush Prairie Baptist Church.

††††† Senator Benton spoke in favor of adoption of the resolution.

††††† The President declared the question before the Senate to be the adoption of Senate Resolution No. 8661.

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

 

MOTION

 

On motion of Senator Fain, the Senate reverted to the seventh order of business.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

††††† Senator Bailey moved that J. A. Bricker, Gubernatorial Appointment No. 9082, be confirmed as a member of the State Board for Community and Technical Colleges.

††††† Senators Bailey, King and Fraser spoke in favor of passage of the motion.

 

 

MOTION

 

On motion of Senator Fain, Senator Carrell was excused.

 

MOTION

 

On motion of Senator Billig, Senators Conway, Darneille and McAuliffe were excused.

 

APPOINTMENT OF J. A. BRICKER

 

The President declared the question before the Senate to be the confirmation of J. A. Bricker, Gubernatorial Appointment No. 9082, as a member of the State Board for Community and Technical Colleges.

 

The Secretary called the roll on the confirmation of J. A. Bricker, Gubernatorial Appointment No. 9082, as a member of the State Board for Community and Technical Colleges and the appointment was confirmed by the following vote:† Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Dammeier, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell, Conway, Darneille and McAuliffe

J. A. Bricker, Gubernatorial Appointment No. 9082, having received the constitutional majority was declared confirmed as a member of the State Board for Community and Technical Colleges.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

††††† Senator Bailey moved that Don Brunell, Gubernatorial Appointment No. 9084, be confirmed as a member of the Work Force Training and Education Coordinating Board.

††††† Senator Bailey spoke in favor of the motion.

 

APPOINTMENT OF DON BRUNELL

 

The President declared the question before the Senate to be the confirmation of Don Brunell, Gubernatorial Appointment No. 9084, as a member of the Work Force Training and Education Coordinating Board.

 

The Secretary called the roll on the confirmation of Don Brunell, Gubernatorial Appointment No. 9084, as a member of the Work Force Training and Education Coordinating Board and the appointment was confirmed by the following vote:† Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Dammeier, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell, Conway, Darneille and McAuliffe

Don Brunell, Gubernatorial Appointment No. 9084, having received the constitutional majority was declared confirmed as a member of the Work Force Training and Education Coordinating Board.

 

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:

SUBSTITUTE HOUSE BILL NO. 1130,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1253,

ENGROSSED HOUSE BILL NO. 1421,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1552,

SECOND SUBSTITUTE HOUSE BILL NO. 1723,

SUBSTITUTE HOUSE BILL NO. 1821.

 

THIRD READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

††††† Senator Frockt moved that Chris Jordan, Gubernatorial Appointment No. 9127, be confirmed as a member of the Board of Regents, University of Washington.

††††† Senators Frockt and Shin spoke in favor of passage of the motion.

 

APPOINTMENT OF CHRIS JORDAN

 

The President declared the question before the Senate to be the confirmation of Chris Jordan, Gubernatorial Appointment No. 9127, as a member of the Board of Regents, University of Washington.

 

The Secretary called the roll on the confirmation of Chris Jordan, Gubernatorial Appointment No. 9127, as a member of the Board of Regents, University of Washington and the appointment was confirmed by the following vote:† Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Dammeier, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell, Conway, Darneille and McAuliffe

Chris Jordan, Gubernatorial Appointment No. 9127, having received the constitutional majority was declared confirmed as a member of the Board of Regents, University of Washington.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 17, 2013

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5456 with the following amendment(s): 5456-S AMH JUDI H2291.1

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

"NEW SECTION.† Sec. 1.A new section is added to chapter 71.05 RCW to read as follows:

††††† A designated mental health professional conducting an evaluation of a person under RCW 71.05.150 or 71.05.153 must consult with any examining emergency room physician regarding the physician's observations and opinions relating to the person's condition, and whether, in the view of the physician, detention is appropriate.† The designated mental health professional shall take serious consideration of observations and opinions by examining emergency room physicians in determining whether detention under this chapter is appropriate.† The designated mental health professional must document the consultation with an examining emergency room physician, including the physician's observations or opinions regarding whether detention of the person is appropriate.

NEW SECTION.† Sec. 2.A new section is added to chapter 71.05 RCW to read as follows:

††††† A designated mental health professional who conducts an evaluation for imminent likelihood of serious harm or imminent danger because of being gravely disabled under RCW 71.05.153 must also evaluate the person under RCW 71.05.150 for likelihood of serious harm or grave disability that does not meet the imminent standard for emergency detention."

††††† Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Schlicher moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5456.

††††† Senator Schlicher spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Schlicher that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5456.

The motion by Senator Schlicher carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5456 by voice vote.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5456, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Substitute Senate Bill No. 5456, as amended by the House, and the bill passed the Senate by the following vote:† Yeas, 43; Nays, 1; Absent, 1; Excused, 4.

††††† Voting yea: Senators Bailey, Baumgartner, Becker, Billig, Braun, Brown, Chase, Cleveland, Dammeier, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Voting nay: Senator Benton

††††† Absent: Senator Hewitt

††††† Excused: Senators Carrell, Conway, Darneille and McAuliffe

SUBSTITUTE SENATE BILL NO. 5456, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Billig, Senator Eide was excused.

 

MESSAGE FROM THE HOUSE

 

April 9, 2013

 

MR. PRESIDENT:

The House passed ENGROSSED SENATE BILL NO. 5484 with the following amendment(s): 5484.E AMH PS H2325.1

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

"Sec. 1.RCW 9A.36.031 and 2011 c 336 s 359 and 2011 c 238 s 1 are each reenacted and amended to read as follows:

††††† (1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:

††††† (a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself, herself, or another person, assaults another; or

††††† (b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or

††††† (c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the person is performing his or her official duties at the time of the assault; or

††††† (d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or

††††† (e) Assaults a firefighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or

††††† (f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or

††††† (g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or

††††† (h) Assaults a peace officer with a projectile stun gun; or

††††† (i) Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault.† For purposes of this subsection:† "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW; or

††††† (j) Assaults a judicial officer, court-related employee, county clerk, or county clerk's employee, while that person is performing his or her official duties at the time of the assault or as a result of that person's employment within the judicial system.† For purposes of this subsection, "court-related employee" includes bailiffs, court reporters, judicial assistants, court managers, court managers' employees, and any other employee, regardless of title, who is engaged in equivalent functions; or
††††† (k) Assaults a person located in a courtroom, jury room, judge's chamber, or any waiting area or corridor immediately adjacent to a courtroom, jury room, or judge's chamber.† This section shall apply only:† (i) During the times when a courtroom, jury room, or judge's chamber is being used for judicial purposes during court proceedings; and (ii) if signage was posted in compliance with section 3 of this act at the time of the assault .

††††† (2) Assault in the third degree is a class C felony.

Sec. 2.RCW 9.94A.535 and 2011 c 87 s 1 are each amended to read as follows:

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

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

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

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

††††† (1) Mitigating Circumstances - Court to Consider

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

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

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

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

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

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

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

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

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

††††† (i) The defendant was making a good faith effort to obtain or provide medical assistance for someone who is experiencing a drug- related overdose.

††††† (j) The current offense involved domestic violence, as defined in RCW 10.99.020, and the defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the offense is a response to that coercion, control, or abuse.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

††††† (bb) The current offense involved paying to view, over the internet in violation of RCW 9.68A.075, depictions of a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (g).

††††† (cc) The offense was intentionally committed because the defendant perceived the victim to be homeless, as defined in RCW 9.94A.030.

(dd) The current offense involved a felony crime against persons, except for assault in the third degree pursuant to RCW 9A.36.031(1)(k), that occurs in a courtroom, jury room, judge's chamber, or any waiting area or corridor immediately adjacent to a courtroom, jury room, or judge's chamber.† This subsection shall apply only:† (i) During the times when a courtroom, jury room, or judge's chamber is being used for judicial purposes during court proceedings; and (ii) if signage was posted in compliance with section 3 of this act at the time of the offense.

NEW SECTION.† Sec. 3.A new section is added to chapter 2.28 RCW to read as follows:

††††† (1) Signage shall be posted notifying the public of the possible enhanced penalties under this act.

††††† (2) The signage shall be prominently displayed at any public entrance to a courtroom.

††††† (3) The administrative office of the courts shall develop a standard signage form notifying the public of the possible enhanced penalties under this act."

††††† Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator King moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5484.

††††† Senator Kline spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5484.

The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5484 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5484, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5484, as amended by the House, and the bill passed the Senate by the following vote:†† Yeas, 35; Nays, 9; Absent, 0; Excused, 5.

††††† Voting yea: Senators Bailey, Becker, Billig, Braun, Chase, Cleveland, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Rolfes, Schlicher, Sheldon, Shin, Smith and Tom

††††† Voting nay: Senators Baumgartner, Benton, Brown, Dammeier, Ericksen, Holmquist Newbry, Honeyford, Roach and Schoesler

††††† Excused: Senators Carrell, Conway, Darneille, Eide and McAuliffe

ENGROSSED SENATE BILL NO. 5484, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 25, 2013

 

MR. PRESIDENT:

The House passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5193 with the following amendment(s): 5193-S2.E AMH KRET H2558.1

0.On page 1, beginning on line 6, strike all of section 1

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

Beginning on page 6, line 8, strike all of sections 7, 8, and 9 and insert the following:

"Sec. 7.RCW 46.17.210 and 2011 c 171 s 57 are each amended to read as follows:

††††† In addition to all fees and taxes required to be paid upon application for a vehicle registration under chapter 46.16A RCW, the holder of a personalized license plate shall pay an initial fee of ((forty-two)) fifty-two dollars and ((thirty-two)) forty-two dollars for each renewal.† The personalized license plate fee must be distributed as provided in RCW 46.68.435.

NEW SECTION.† Sec. 8.Section 7 of this act applies only to vehicle registrations that are due or become due on or after October 1, 2013."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Smith moved that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5193.

††††† Senators Smith and Rolfes spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Smith that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5193.

The motion by Senator Smith carried and the Senate concurred in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5193 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5193, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5193, as amended by the House, and the bill passed the Senate by the following vote:† Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

††††† Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Dammeier, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Voting nay: Senator Holmquist Newbry

††††† Excused: Senators Carrell, Conway, Darneille, Eide and McAuliffe

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5193, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

PERSONAL PRIVILEGE

 

Senator Ranker:† ďThank you Mr. President. I want to thank Senator Smith, Senator Pearson and Senator Rolfes for their work on this bill that we just passed and to Senator Rolfes saluted to the decision by the Fish & Wildlife Commission yesterday. The actions of the Commission and these Senators and others in the House over the last weeks has brought us to a place in Washington State where I believe we are going to be able to move forward with implementation of the wolf management plan which has been extremely controversial in a manner that truly respects ranchers in Eastern Washington making sure that people can actually defend their private property and their families in a time of fear and thatís what weíve accomplished with this bill and itís kind of a package here with this bill and the commissionís decision. I just really want to thank the three of you on your efforts on this. I thinks itís a great effort for Washington State so that we can recover the species as well as make sure our ranchers have a livelihood that is protected.Ē

 

MESSAGE FROM THE HOUSE

 

April 24, 2013

 

MR. PRESIDENT:

The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5211. Under suspension of the rules, the bill was returned to second reading for the purposes of amendment(s). The House adopted the following amendment(s): 5211-S AMH REYK SILV 343, and passed the bill as amended by the House.

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

††††† "NEW SECTION. Sec. 1.† A new section is added to chapter 49.44 RCW to read as follows:

††††† (1) An employer may not:

††††† (a) Request, require, or otherwise coerce an employee or applicant to disclose login information for the employee's or applicant's personal social networking account;

††††† (b) Request, require, or otherwise coerce an employee or applicant to access his or her personal social networking account in the employer's presence in a manner that enables the employer to observe the contents of the account;

††††† (c) Compel or coerce an employee or applicant to add a person, including the employer, to the list of contacts associated with the employee's or applicant's personal social networking account;

††††† (d) Request, require, or cause an employee or applicant to alter the settings on his or her personal social networking account that affect a third party's ability to view the contents of the account; or

††††† (e) Take adverse action against an employee or applicant because the employee or applicant refuses to disclose his or her login information, access his or her personal social networking account in the employer's presence, add a person to the list of contacts associated with his or her personal social networking account, or alter the settings on his or her personal social networking account that affect a third party's ability to view the contents of the account.

††††† (2) This section does not apply to an employer's request or requirement that an employee share content from his or her personal social networking account if the following conditions are met:

††††† (a) The employer requests or requires the content to make a factual determination in the course of conducting an investigation;

††††† (b) The employer undertakes the investigation in response to receipt of information about the employee's activity on his or her personal social networking account;

††††† (c) The purpose of the investigation is to:† (i) Ensure compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or (ii) investigate an allegation of unauthorized transfer of an employer's proprietary information, confidential information, or financial data to the employee's personal social networking account; and

††††† (d) The employer does not request or require the employee to provide his or her login information.

††††† (3) This section does not:

††††† (a) Apply to a social network, intranet, or other technology platform that is intended primarily to facilitate work-related information exchange, collaboration, or communication by employees or other workers;

††††† (b) Prohibit an employer from requesting or requiring an employee to disclose login information for access to:† (i) An account or service provided by virtue of the employee's employment relationship with the employer; or (ii) an electronic communications device or online account paid for or supplied by the employer;

††††† (c) Prohibit an employer from enforcing existing personnel policies that do not conflict with this section; or

††††† (d) Prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law, or rules of self-regulatory organizations.

††††† (4) If, through the use of an employer-provided electronic communications device or an electronic device or program that monitors an employer's network, an employer inadvertently receives an employee's login information, the employer is not liable for possessing the information but may not use the login information to access the employee's personal social networking account.

††††† (5) For the purposes of this section and section 2 of this act:

††††† (a) "Adverse action" means:† discharging, disciplining, or otherwise penalizing an employee; threatening to discharge, discipline, or otherwise penalize an employee; and failing or refusing to hire an applicant.

††††† (b) "Applicant" means an applicant for employment.

††††† (c) "Electronic communications device" means a device that uses electronic signals to create, transmit, and receive information, including computers, telephones, personal digital assistants, and other similar devices.

††††† (d) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or other activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.† "Employer" includes an agent, a representative, or a designee of the employer.

††††† (e) "Login information" means a user name and password, a password, or other means of authentication that protects access to a personal social networking account.†

NEW SECTION.† Sec. 2.A new section is added to chapter 49.44 RCW to read as follows:

††††† An employee or applicant aggrieved by a violation of section 1 of this act may bring a civil action in a court of competent jurisdiction.† The court may:

††††† (1) Award a prevailing employee or applicant injunctive or other equitable relief, actual damages, a penalty in the amount of five hundred dollars, and reasonable attorneys' fees and costs; and

††††† (2) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of section 1 of this act reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause."

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hobbs moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5211.

††††† Senator Hobbs spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hobbs that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5211.

The motion by Senator Hobbs carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5211 by voice vote.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5211, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Substitute Senate Bill No. 5211, as amended by the House, and the bill passed the Senate by the following vote:† Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

††††† Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Dammeier, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell, Conway, Darneille, Eide and McAuliffe

SUBSTITUTE SENATE BILL NO. 5211, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 25, 2013

 

MR. PRESIDENT:

The House receded from its amendment(s) to SENATE BILL NO. 5510. Under suspension of the rules, the bill was returned to second reading for the purposes of amendment(s). The House adopted the following amendment(s): 5510 AMH PEDE H2561.1, and passed the bill as amended by the House.

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

"Sec. 1.RCW 74.34.020 and 2012 c 10 s 62 are each amended to read as follows:

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

††††† (1) "Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care.

††††† (2) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult.† In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish.† Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a vulnerable adult, which have the following meanings:

††††† (a) "Sexual abuse" means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment.† Sexual abuse includes any sexual contact between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter 71A.12 RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter 71A.12 RCW, whether or not it is consensual.

††††† (b) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment.† Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used inappropriately.

††††† (c) "Mental abuse" means any willful action or inaction of mental or verbal abuse.† Mental abuse includes, but is not limited to, coercion, harassment, inappropriately isolating a vulnerable adult from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing.

††††† (d) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.

††††† (3) "Consent" means express written consent granted after the vulnerable adult or his or her legal representative has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.

††††† (4) "Department" means the department of social and health services.

††††† (5) "Facility" means a residence licensed or required to be licensed under chapter 18.20 RCW, assisted living facilities; chapter 18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; chapter 72.36 RCW, soldiers' homes; or chapter 71A.20 RCW, residential habilitation centers; or any other facility licensed or certified by the department.

††††† (6) "Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the vulnerable adult's profit or advantage.† "Financial exploitation" includes, but is not limited to:

††††† (a) The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult;

††††† (b) The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or

††††† (c) Obtaining or using a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.

††††† (7) "Financial institution" has the same meaning as in RCW 30.22.040 and 30.22.041.† For purposes of this chapter only, "financial institution" also means a "broker-dealer" or "investment adviser" as defined in RCW 21.20.005.

††††† (8) "Incapacitated person" means a person who is at a significant risk of personal or financial harm under RCW 11.88.010(1) (a), (b), (c), or (d).

††††† (9) "Individual provider" means a person under contract with the department to provide services in the home under chapter 74.09 or 74.39A RCW.

††††† (10) "Interested person" means a person who demonstrates to the court's satisfaction that the person is interested in the welfare of the vulnerable adult, that the person has a good faith belief that the court's intervention is necessary, and that the vulnerable adult is unable, due to incapacity, undue influence, or duress at the time the petition is filed, to protect his or her own interests.

††††† (11) "Mandated reporter" is an employee of the department; law enforcement officer; social worker; professional school personnel; individual provider; an employee of a facility; an operator of a facility; an employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency; county coroner or medical examiner; Christian Science practitioner; or health care provider subject to chapter 18.130 RCW.

††††† (12) "Neglect" means (a) a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100.

††††† (13) "Permissive reporter" means any person, including, but not limited to, an employee of a financial institution, attorney, or volunteer in a facility or program providing services for vulnerable adults.

††††† (14) "Protective services" means any services provided by the department to a vulnerable adult with the consent of the vulnerable adult, or the legal representative of the vulnerable adult, who has been abandoned, abused, financially exploited, neglected, or in a state of self-neglect.† These services may include, but are not limited to case management, social casework, home care, placement, arranging for medical evaluations, psychological evaluations, day care, or referral for legal assistance.

††††† (15) "Self-neglect" means the failure of a vulnerable adult, not living in a facility, to provide for himself or herself the goods and services necessary for the vulnerable adult's physical or mental health, and the absence of which impairs or threatens the vulnerable adult's well-being.† This definition may include a vulnerable adult who is receiving services through home health, hospice, or a home care agency, or an individual provider when the neglect is not a result of inaction by that agency or individual provider.

††††† (16) "Social worker" means:

††††† (a) A social worker as defined in RCW 18.320.010(2); or

††††† (b) Anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support, or education of vulnerable adults, or providing social services to vulnerable adults, whether in an individual capacity or as an employee or agent of any public or private organization or institution.

††††† (17) "Vulnerable adult" includes a person:

††††† (a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or

††††† (b) Found incapacitated under chapter 11.88 RCW; or

††††† (c) Who has a developmental disability as defined under RCW 71A.10.020; or

††††† (d) Admitted to any facility; or

††††† (e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or

††††† (f) Receiving services from an individual provider; or

††††† (g) Who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.

Sec. 2.RCW 74.34.035 and 2010 c 133 s 4 are each amended to read as follows:

††††† (1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department.

††††† (2) When there is reason to suspect that sexual assault has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department.

††††† (3) When there is reason to suspect that physical assault has occurred or there is reasonable cause to believe that an act has caused fear of imminent harm:

††††† (a) Mandated reporters shall immediately report to the department; and

††††† (b) Mandated reporters shall immediately report to the appropriate law enforcement agency, except as provided in subsection (4) of this section.

††††† (4) A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless:

††††† (a) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;

††††† (b) There is a fracture;

††††† (c) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or

††††† (d) There is an attempt to choke a vulnerable adult.

††††† (5) When there is reason to suspect that the death of a vulnerable adult was caused by abuse, neglect, or abandonment by another person, mandated reporters shall, pursuant to RCW 68.50.020, report the death to the medical examiner or coroner having jurisdiction, as well as the department and local law enforcement, in the most expeditious manner possible.† A mandated reporter is not relieved from the reporting requirement provisions of this subsection by the existence of a previously signed death certificate.† If abuse, neglect, or abandonment caused or contributed to the death of a vulnerable adult, the death is a death caused by unnatural or unlawful means, and the body shall be the jurisdiction of the coroner or medical examiner pursuant to RCW 68.50.010.

††††† (6) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.

††††† (7) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.

††††† (8) Each report, oral or written, must contain as much as possible of the following information:

††††† (a) The name and address of the person making the report;

††††† (b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;

††††† (c) The name and address of the legal guardian or alternate decision maker;

††††† (d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;

††††† (e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;

††††† (f) The identity of the alleged perpetrator, if known; and

††††† (g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.

††††† (9) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.

(10) In conducting an investigation of abandonment, abuse, financial exploitation, self-neglect, or neglect, the department or law enforcement, upon request, must have access to all relevant records related to the vulnerable adult that are in the possession of mandated reporters and their employees, unless otherwise prohibited by law. †Records maintained under RCW 4.24.250, 18.20.390, 43.70.510, 70.41.200, 70.230.080, and 74.42.640 shall not be subject to the requirements of this subsection.† Providing access to records relevant to an investigation by the department or law enforcement under this provision may not be deemed a violation of any confidential communication privilege.† Access to any records that would violate attorney-client privilege shall not be provided without a court order unless otherwise required by court rule or caselaw.

Sec. 3.RCW 74.34.067 and 2011 c 170 s 2 are each amended to read as follows:

††††† (1) Where appropriate, an investigation by the department may include a private interview with the vulnerable adult regarding the alleged abandonment, abuse, financial exploitation, neglect, or self- neglect.

††††† (2) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the vulnerable adult or adults harmed, and, consistent with the protection of the vulnerable adult shall interview facility staff, any available independent sources of relevant information, including if appropriate the family members of the vulnerable adult.

††††† (3) The department may conduct ongoing case planning and consultation with:† (a) Those persons or agencies required to report under this chapter or submit a report under this chapter; (b) consultants designated by the department; and (c) designated representatives of Washington Indian tribes if client information exchanged is pertinent to cases under investigation or the provision of protective services.† Information considered privileged by statute and not directly related to reports required by this chapter must not be divulged without a valid written waiver of the privilege.

††††† (4) The department shall prepare and keep on file a report of each investigation conducted by the department for a period of time in accordance with policies established by the department.

††††† (5) If the department has reason to believe that the vulnerable adult has suffered from abandonment, abuse, financial exploitation, neglect, or self-neglect, and lacks the ability or capacity to consent, and needs the protection of a guardian, the department may bring a guardianship action under chapter 11.88 RCW.

††††† (6) For purposes consistent with this chapter, the department, the certified professional guardian board, and the office of public guardianship may share information contained in reports and investigations of the abuse, abandonment, neglect, self-neglect, and financial exploitation of vulnerable adults.† This information may be used solely for (a) recruiting or appointing appropriate guardians and (b) monitoring, or when appropriate, disciplining certified professional or public guardians.† Reports of abuse, abandonment, neglect, self-neglect, and financial exploitation are confidential under RCW 74.34.095 and other laws, and secondary disclosure of information shared under this section is prohibited.
††††† (7) When the investigation is completed and the department determines that an incident of abandonment, abuse, financial exploitation, neglect, or self-neglect has occurred, the department shall inform the vulnerable adult of their right to refuse protective services, and ensure that, if necessary, appropriate protective services are provided to the vulnerable adult, with the consent of the vulnerable adult.† The vulnerable adult has the right to withdraw or refuse protective services.

††††† (((7))) (8) The department's adult protective services division may enter into agreements with federally recognized tribes to investigate reports of abandonment, abuse, financial exploitation, neglect, or self-neglect of vulnerable adults on property over which a federally recognized tribe has exclusive jurisdiction.† If the department has information that abandonment, abuse, financial exploitation, or neglect is criminal or is placing a vulnerable adult on tribal property at potential risk of personal or financial harm, the department may notify tribal law enforcement or another tribal representative specified by the tribe.† Upon receipt of the notification, the tribe may assume jurisdiction of the matter.† Neither the department nor its employees may participate in the investigation after the tribe assumes jurisdiction.† The department, its officers, and its employees are not liable for any action or inaction of the tribe or for any harm to the alleged victim, the person against whom the allegations were made, or other parties that occurs after the tribe assumes jurisdiction.† Nothing in this section limits the department's jurisdiction and authority over facilities or entities that the department licenses or certifies under federal or state law.

††††† (((8))) (9) The department may photograph a vulnerable adult or their environment for the purpose of providing documentary evidence of the physical condition of the vulnerable adult or his or her environment.† When photographing the vulnerable adult, the department shall obtain permission from the vulnerable adult or his or her legal representative unless immediate photographing is necessary to preserve evidence.† However, if the legal representative is alleged to have abused, neglected, abandoned, or exploited the vulnerable adult, consent from the legal representative is not necessary.† No such consent is necessary when photographing the physical environment.

††††† (((9))) (10) When the investigation is complete and the department determines that the incident of abandonment, abuse, financial exploitation, or neglect has occurred, the department shall inform the facility in which the incident occurred, consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants."

††††† Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Becker moved that the Senate concur in the House amendment(s) to Senate Bill No. 5510.

††††† Senators Becker and Keiser spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Becker that the Senate concur in the House amendment(s) to Senate Bill No. 5510.

The motion by Senator Becker carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5510 by voice vote.

 

The President declared the question before the Senate to be the final passage of Senate Bill No. 5510, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Senate Bill No. 5510, as amended by the House, and the bill passed the Senate by the following vote:† Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

††††† Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Dammeier, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell, Conway, Darneille and McAuliffe

SENATE BILL NO. 5510, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 23, 2013

 

MR. PRESIDENT:

The House receded from its amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 5595. Under suspension of the rules, the bill was returned to second reading for the purposes of amendment(s). The House adopted the following amendment(s): 5595-S2 AMH KAGI H2496.1, and passed the bill as amended by the House.

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

"NEW SECTION.† Sec. 1.A new section is added to chapter 43.215 RCW to read as follows:

††††† (1) The standards and guidelines described in this section are intended for the guidance of the department and the department of social and health services.† They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.

††††† (2) When providing services to parents applying for or receiving working connections child care benefits, the department must provide training to departmental employees on professionalism.

††††† (3) When providing services to parents applying for or receiving working connections child care benefits, the department of social and health services has the following responsibilities:

††††† (a) To return all calls from parents receiving working connections child care benefits within two business days of receiving the call;

††††† (b) To develop a process by which parents receiving working connections child care benefits can submit required forms and information electronically by June 30, 2015;

††††† (c) To notify providers and parents ten days before the loss of working connections child care benefits; and

††††† (d) To provide parents with a document that explains in detail and in easily understood language what services they are eligible for, how they can appeal an adverse decision, and the parents' responsibilities in obtaining and maintaining eligibility for working connections child care.

NEW SECTION.† Sec. 2.(1)(a) A legislative task force on child care improvements for the future is established with members as provided in this subsection.

††††† (i) The president of the senate shall appoint two members from each of the two largest caucuses of the senate.

††††† (ii) The speaker of the house of representatives shall appoint two members from each of the two largest caucuses in the house of representatives.

††††† (iii) The president of the senate and the speaker of the house of representatives shall appoint fifteen members representing the following interests:

††††† (A) The department of early learning;

††††† (B) The department of social and health services;

††††† (C) The early learning advisory committee;

††††† (D) Thrive by five;

††††† (E) Private pay child care consumers;

††††† (F) Child care consumers receiving a subsidy;

††††† (G) Family child care providers;

††††† (H) Child care center providers;

††††† (I) Exempt child care providers;

††††† (J) The collective bargaining unit representing child care providers;

††††† (K) School-age child care providers;

††††† (L) Child care aware;

††††† (M) The Washington state association of head start and the early childhood education and assistance program;

††††† (N) The early learning action alliance; and

††††† (O) Puget Sound educational service district.

††††† (b) The task force shall choose its cochairs from among its legislative leadership.† The members of the majority party in each house shall convene the first meeting.

††††† (2) The task force shall address the following issues:

††††† (a) The creation of a tiered reimbursement model that works for both consumers and providers and provides incentives for quality child care across communities;

††††† (b) The development of recommendations and an implementation plan for expansion of the program referred to in RCW 43.215.400 to include a mixed delivery system that integrates community-based early learning providers, including but not limited to family child care, child care centers, schools, and educational services districts.† Recommendations shall include:

††††† (i) Areas of alignment and conflicts in restrictions and eligibility requirements associated with early learning funding and services;

††††† (ii) A funding plan that blends and maximizes existing resources and identifies new revenue and other funding sources; and

††††† (iii) Incentives for integrating child care and preschool programming to better serve working families;

††††† (c) The development of recommendations for market rate reimbursement to allow access to high quality child care; and

††††† (d) The development of recommendations for a further graduation of the copay scale to eliminate the cliff that occurs at subsidy cut off.

††††† (3) Staff support for the task force must be provided by the senate committee services and the house of representatives office of program research.

††††† (4) The task force shall report its findings and recommendations to the governor and the appropriate committees of the legislature no later than December 31, 2013.

††††† (5) This section expires July 1, 2014.

NEW SECTION.† Sec. 3.(1) The legislature finds that the Aclara group report on the eligibility requirements for working connections child care which came from the pedagogy of lean management and focused on identifying and eliminating nonvalue added work should be followed.† The legislature further finds that, following some of the recommendations in the report, would result in simplifying and streamlining the child care system to improve access and customer service without decreasing the program's integrity.

††††† (2) By December 1, 2013, the department and the department of social and health services shall accomplish the following:

††††† (a) Eliminate the current custody/visitation policy and design a subsidy system that is flexible and accounts for small fluctuations in family circumstances;

††††† (b) Create broad authorization categories so that relatively minor changes in parents' work schedule does not require changes in authorization;

††††† (c) Establish rules to specify that parents who receive working connections child care benefits and participate in one hundred ten hours or more of approved work or related activities are eligible for full-time child care services; and

††††† (d) Clarify and simplify the requirement to count child support as income."

††††† Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Billig moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5595.

††††† Senator Billig spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Billig that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5595.

The motion by Senator Billig carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5595 by voice vote.

 

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5595, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5595, as amended by the House, and the bill passed the Senate by the following vote:† Yeas, 38; Nays, 7; Absent, 0; Excused, 4.

††††† Voting yea: Senators Bailey, Becker, Benton, Billig, Braun, Chase, Cleveland, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Parlette, Pearson, Ranker, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin and Tom

††††† Voting nay: Senators Baumgartner, Brown, Dammeier, Holmquist Newbry, Padden, Rivers and Smith

††††† Excused: Senators Carrell, Conway, Darneille and McAuliffe

SECOND SUBSTITUTE SENATE BILL NO. 5595, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 26, 2013

 

MR. PRESIDENT:

The House has passed:†

ENGROSSED HOUSE BILL NO. 1539,

ENGROSSED HOUSE BILL NO. 2056,

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 OF HOUSE BILLS

 

EHB 2056††††††††† by Representatives Hurst and Condotta

 

AN ACT Relating to correcting the definition of THC concentration as adopted by Initiative Measure No. 502 to avoid an implication that conversion, by combustion, of tetrahydrocannabinol acid into delta-9 tetrahydrocannabinol is not part of the THC content that differentiates marijuana from hemp; amending RCW 69.50.101; and declaring an emergency.

 

Referred to Committee on Government Accountability & Oversight.

 

MOTION

 

On motion of Senator Fain, under suspension of the rules Engrossed House Bill No. 2056 was placed on the second reading calendar.

 

MOTION

 

At 12:02 p.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 1:12 p.m. by President Owen.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

April 24, 2013

 

MR. PRESIDENT:

The House receded from its amendment(s) to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5267. Under suspension of the rules, the bill was returned to second reading for the purposes of amendment(s). The House adopted the following amendment(s): 5267-S2.E AMH CODY H2523.1, and passed the bill as amended by the House.

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

"NEW SECTION.† Sec. 1.(1) A work group is formed to develop criteria to streamline the prior authorization process for prescription drugs, medical procedures, and medical tests, with the goal of simplification and uniformity.

††††† (2) The work group shall be cochaired by the chair of the senate health care committee and the chair of the house of representatives health care committee, and membership of the work group shall be determined by the cochairs, not to exceed eleven participants.

††††† (3) The work group shall examine elements that may include the following:

††††† (a) National standard transaction information, such as HIPAA 278 standards, for sending or receiving authorizations electronically;

††††† (b) Standard transaction information and uniform prior authorization forms;

††††† (c) Clean, uniform, and readily accessible forms for prior authorization including determining the appropriate number of forms;

††††† (d) A core set of common data requirements for nonclinical information for prior authorization and electronic prescriptions, or both;

††††† (e) The prior authorization process, which considers electronic forms and allows for flexibility for health insurance carriers to develop electronic forms; and

††††† (f) Existing prior authorization forms by health insurance carriers and by state agencies, in developing the uniform prior authorization forms.

††††† (4) The work group must:

††††† (a) Establish timelines for urgent requests and timeliness for nonurgent requests;

††††† (b) Work on a receipt and missing information time frame;

††††† (c) Determine time limits for a response of acknowledgment of receipts or requests of missing information;

††††† (d) Establish when an authorization request will be deemed as granted when there is no response.

††††† (5) The work group must submit their recommendations to the appropriate committees of the legislature by November 15, 2013.

††††† (6) This section expires January 1, 2014.

NEW SECTION.† Sec. 2.The insurance commissioner shall adopt rules implementing only the recommendations of the work group established in section 1 of this act.† The rules must take effect no later than January 1, 2015."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Becker moved that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5267.

††††† Senators Becker and Keiser spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Becker that the Senate concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5267.

The motion by Senator Becker carried and the Senate concurred in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5267 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5267, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5267, as amended by the House, and the bill passed the Senate by the following vote:† Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

††††† Voting yea: Senators 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, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell and McAuliffe

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5267, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 16, 2013

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5744 with the following amendment(s): 5744-S.E AMH LWD H2192.1

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

"NEW SECTION.† Sec. 1.The legislature finds that many Washington workers involved in manual logging in the logging industry suffer industrial injuries with greater frequency and severity than workers in other industries.† The legislature further finds that the incidence and severity of injury is particularly high among young workers during the early periods of employment in manual logging.† The legislature recognizes the importance of improving safety performance in the logging industry to reduce industrial injuries for workers and resulting workers' compensation premium rates for employers.† The legislature acknowledges that industry participants, including private land owners, timber industry employers, the department of natural resources, and the department of labor and industries, have formed a logger safety task force to develop and implement a logger safety initiative.† The goal of the initiative is to reduce the frequency and severity of injuries in the logging industry.† The task force will create a program that will establish sector-wide standards for worker training and supervision; establish a certification process for individual company safety programs; and review the progress of logging operations through mandatory performance-based audits.† The legislature further recognizes that as the safety culture in the logging industry evolves, the frequency and severity of injuries will decrease, which will drive down industrial insurance costs for logging industry employers.† While the industrial insurance costs will decline over time as safety improves, the legislature acknowledges that an immediate reduction in industrial insurance rates for the 2014 rate year for participating logging employers provides an additional incentive for these employers to commit to the logger safety initiative.† Therefore, the legislature intends to monitor development and implementation of the logger safety initiative.

NEW SECTION.† Sec. 2.A new section is added to chapter 51.04 RCW to read as follows:

††††† (1) The department shall include one or more representatives of logging industry workers on the logger safety task force. In addition, the department shall reach out to all employers in the logging industry, including those having one or more on the job fatalities in the last five years, and invite them to participate in the logger safety initiative.† All participants must comply with the requirements of the logger safety initiative.

††††† (2) By December 31, 2013, the department shall report back to the appropriate committees of the legislature on the development and implementation of the logger safety initiative.† The report shall provide a status update on implementation of the initiative and participation in the safety program, including a description and summary of the worker training and supervision standards and the certification process for individual companies.† The report shall also contain a description and summary of any industrial insurance rate reduction or other incentive for rate year 2014 that will be applied to employers participating in the initiative.† The report may provide recommendations for legislative consideration to further the goals of the initiative."

††††† Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5744.

††††† Senator Hargrove spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5744.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5744 by voice vote.

 

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5744, as amended by the House.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5744, as amended by the House, and the bill passed the Senate by the following vote:† Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

††††† Voting yea: Senators 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, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell and McAuliffe

ENGROSSED SUBSTITUTE SENATE BILL NO. 5744, as amended by the House, having received the constitutional majority, was declared passed.† There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

SECOND READING

 

HOUSE CONCURRENT RESOLUTION NO. 4406, by Representatives Sullivan and Kretz

 

Directing that HB 2058 be considered.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, House Concurrent Resolution No. 4406 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

††††† Senators Fain and Frockt spoke in favor of passage of the resolution.

 

The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4406.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of House Concurrent Resolution No. 4406 and the concurrent resolution 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, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell and McAuliffe

HOUSE CONCURRENT RESOLUTION NO. 4406, having received the constitutional majority, was declared passed.

 

SECOND READING

 

ENGROSSED HOUSE BILL NO. 2056, by Representatives Hurst and Condotta

 

Correcting the definition of THC concentration as adopted by Initiative Measure No. 502 to avoid an implication that conversion, by combustion, of tetrahydrocannabinol acid into delta-9 tetrahydrocannabinol is not part of the THC content that differentiates marijuana from hemp.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Padden, the rules were suspended, Engrossed House Bill No. 2056 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

††††† Senators Padden and Hargrove spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2056.

 

ROLL CALL

 

††††† The Secretary called the roll on the final passage of Engrossed House Bill No. 2056 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, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Excused: Senators Carrell and McAuliffe

ENGROSSED HOUSE BILL NO. 2056, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1306, by House Committee on Finance (originally sponsored by Representatives Wylie, Moeller, Harris, Pike, Johnson, Chandler, Sells, Pollet, Upthegrove and Moscoso)

 

Extending the expiration dates of the local infrastructure financing tool program.

 

The measure was read the second time.

 

MOTION

 

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

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

"NEW SECTION.† Sec. 1.A new section is added to chapter 39.102 RCW to read as follows:

††††† This chapter expires June 30, 2044.

NEW SECTION.† Sec. 2.RCW 39.102.904 (Expiration date‑-2006 c 181) and 2006 c 181 s 707 are each repealed.

Sec. 3.RCW 82.14.475 and 2010 c 164 s 12 are each amended to read as follows:

††††† (1) A sponsoring local government, and any cosponsoring local government, that has been approved by the board to use local infrastructure financing may impose a sales and use tax in accordance with the terms of this chapter and subject to the criteria set forth in this section.† Except as provided in this section, the tax is in addition to other taxes authorized by law and is collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing jurisdiction of the sponsoring local government or cosponsoring local government.

††††† (2) The tax authorized under subsection (1) of this section is credited against the state taxes imposed under RCW 82.08.020(1) and 82.12.020 at the rate provided in RCW 82.08.020(1).† The department must perform the collection of such taxes on behalf of the sponsoring local government or cosponsoring local government at no cost to the sponsoring local government or cosponsoring local government and must remit the taxes as provided in RCW 82.14.060.

††††† (3) The aggregate rate of tax imposed by the sponsoring local government, and any cosponsoring local government, must not exceed the lesser of:

††††† (a) The rate provided in RCW 82.08.020(1) less:

††††† (i) The aggregate rates of all other local sales and use taxes imposed by any taxing authority on the same taxable events;

††††† (ii) The aggregate rates of all taxes under RCW 82.14.465 and this section that are authorized to be imposed on the same taxable events but have not yet been imposed by a sponsoring local government or cosponsoring local government that has been approved by the department or the community economic revitalization board to receive a state contribution under chapter 39.100 or 39.102 RCW; and

††††† (iii) The percentage amount of distributions required under RCW 82.08.020(5) multiplied by the rate of state taxes imposed under RCW 82.08.020(1); and

††††† (b) The rate, as determined by the sponsoring local government, and any cosponsoring local government, in consultation with the department, reasonably necessary to receive the state contribution over ten months.

††††† (4) Sponsoring local governments that have been approved before October 1, 2008, by the community economic revitalization board for a state contribution must select the rate of tax under this section no later than September 1, 2009.

††††† (5) The department, upon request, must assist a sponsoring local government and cosponsoring local government in establishing their tax rate in accordance with subsection (3) of this section.† Once the rate of tax is selected, it may not be increased.

††††† (6)(a) No tax may be imposed under the authority of this section:

††††† (i) Before July 1st of the second calendar year following the year approval by the board under RCW 39.102.040 was made; and

††††† (ii) Until a sponsoring local government reports to the board and the department as required by RCW 39.102.140 that the state has benefited through the receipt of state excise tax allocation revenues or state property tax allocation revenues, or both.

††††† (b) The tax imposed under this section expires when all indebtedness issued under the authority of RCW 39.102.150 is retired and all other contractual obligations relating to the financing of public improvements under chapter 39.102 RCW are satisfied, but not more than twenty-five years after the tax is first imposed.

††††† (7) An ordinance adopted by the legislative authority of a sponsoring local government or cosponsoring local government imposing a tax under this section must provide that:

††††† (a) The tax is first imposed on the first day of a fiscal year;

††††† (b) The cumulative amount of tax received by the sponsoring local government, and any cosponsoring local government, in any fiscal year may not exceed the amount of the state contribution;

††††† (c) The tax will cease to be distributed for the remainder of any fiscal year in which either:

††††† (i) The amount of tax received by the sponsoring local government, and any cosponsoring local government, equals the amount of the state contribution;

††††† (ii) The amount of revenue from taxes imposed under this section by all sponsoring and cosponsoring local governments equals the annual state contribution limit; or

††††† (iii) The amount of tax received by the sponsoring local government equals the amount of project award granted in the approval notice described in RCW 39.102.040;

††††† (d) Neither the local excise tax allocation revenues nor the local property tax allocation revenues may constitute more than eighty percent of the total local funds as described in RCW 39.102.020(((28))) (29)(b).† This requirement applies beginning January 1st of the fifth calendar year after the calendar year in which the sponsoring local government begins allocating local excise tax allocation revenues under RCW 39.102.110;

††††† (e) The tax must be distributed again, should it cease to be distributed for any of the reasons provided in (c) of this subsection, at the beginning of the next fiscal year, subject to the restrictions in this section; and

††††† (f) Any revenue generated by the tax in excess of the amounts specified in (c) of this subsection belongs to the state of Washington.

††††† (8) If a county and city cosponsor a revenue development area, the combined amount of distributions received by both the city and county may not exceed the state contribution.

††††† (9) The department must determine the amount of tax receipts distributed to each sponsoring local government, and any cosponsoring local government, imposing sales and use tax under this section and shall advise a sponsoring or cosponsoring local government when tax distributions for the fiscal year equal the amount of state contribution for that fiscal year as provided in subsection (11) of this section.† Determinations by the department of the amount of tax distributions attributable to each sponsoring or cosponsoring local government are final and may not be used to challenge the validity of any tax imposed under this section.† The department must remit any tax receipts in excess of the amounts specified in subsection (7)(c) of this section to the state treasurer who must deposit the money in the general fund.

††††† (10) If a sponsoring or cosponsoring local government fails to comply with RCW 39.102.140, no tax may be distributed in the subsequent fiscal year until such time as the sponsoring or cosponsoring local government complies and the department calculates the state contribution amount for such fiscal year.

††††† (11) Each year, the amount of taxes approved by the department for distribution to a sponsoring or cosponsoring local government in the next fiscal year must be equal to the state contribution and may be no more than the total local funds as described in RCW 39.102.020(((28))) (29)(b).† The department must consider information from reports described in RCW 39.102.140 when determining the amount of state contributions for each fiscal year.† The department's determination of the amount of the state contribution is final and conclusive, and may not be changed once such determination is made and such contribution is distributed to the sponsoring or cosponsoring local government, unless the department subsequently determines that local revenue information contained in a report described in RCW 39.102.140 differs from the actual dedicated local revenue.† If a discrepancy is found, the department must adjust its determination accordingly.† A sponsoring or cosponsoring local government may not receive, in any fiscal year, more revenues from taxes imposed under the authority of this section than the amount approved annually by the department.† The department may not approve the receipt of more distributions of sales and use tax under this section to a sponsoring or cosponsoring local government than is authorized under subsection (7) of this section.

††††† (12) The amount of tax distributions received from taxes imposed under the authority of this section by all sponsoring and cosponsoring local governments is limited annually to not more than seven million five hundred thousand dollars.

††††† (13) The definitions in RCW 39.102.020 apply to this section unless the context clearly requires otherwise.

††††† (14) If a sponsoring local government is a federally recognized Indian tribe, the distribution of the sales and use tax authorized under this section must be authorized through an interlocal agreement pursuant to chapter 39.34 RCW.

††††† (15) Subject to RCW 39.102.195, the tax imposed under the authority of this section may be applied either to provide for the payment of debt service on bonds issued under RCW 39.102.150 by the sponsoring local government or to pay public improvement costs on a pay-as-you-go basis, or both.

††††† (16) The tax imposed under the authority of this section must cease to be imposed if the sponsoring local government or cosponsoring local government ((fails to issue indebtedness under the authority of RCW 39.102.150, and)) fails to commence construction on public improvements((,)) by June ((30th of the fifth fiscal year in which the local tax authorized under this section is imposed)) 30, 2017.

††††† (17) For purposes of this section, the following definitions apply:

††††† (a) "Local sales and use taxes" means sales and use taxes imposed by cities, counties, public facilities districts, and other local governments under the authority of this chapter, chapter 67.28 or 67.40 RCW, or any other chapter, and that are credited against the state sales and use taxes.

††††† (b) "State sales and use taxes" means the tax imposed in RCW 82.08.020(1) and the tax imposed in RCW 82.12.020 at the rate provided in RCW 82.08.020(1).

(18) This section expires June 30, 2044.

Sec. 4.RCW 39.102.150 and 2009 c 267 s 6 are each amended to read as follows:

††††† (1) A sponsoring local government that has designated a revenue development area and instead of paying public improvement costs on a pay-as-you-go basis has been authorized the use of local infrastructure financing may incur general indebtedness, including issuing general obligation bonds, to finance the public improvements and retire the indebtedness in whole or in part from local excise tax allocation revenues, local property tax allocation revenues, and sales and use taxes imposed under the authority of RCW 82.14.475 that it receives, subject to the following requirements:

††††† (a)(i) The ordinance adopted by the sponsoring local government and authorizing the use of local infrastructure financing indicates an intent to incur this indebtedness and the maximum amount of this indebtedness that is contemplated; and

††††† (ii) The sponsoring local government includes this statement of the intent in all notices required by RCW 39.102.100; or

††††† (b) The sponsoring local government adopts a resolution, after opportunity for public comment, that indicates an intent to incur this indebtedness and the maximum amount of this indebtedness that is contemplated.

††††† (2)(a) Except as provided in (b) of this subsection, the general indebtedness incurred under subsection (1) of this section may be payable from other tax revenues, the full faith and credit of the local government, and nontax income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money available to the local government for payment of costs of the public improvements or associated debt service on the general indebtedness.

††††† (b) A sponsoring local government that issues bonds under this section ((shall)) may not pledge any money received from the state of Washington for the payment of such bonds, other than the local sales and use taxes imposed under the authority of RCW 82.14.475 and collected by the department.

††††† (3) In addition to the requirements in subsection (1) of this section, a sponsoring local government designating a revenue development area and authorizing the use of local infrastructure financing may require the nonpublic participant to provide adequate security to protect the public investment in the public improvement within the revenue development area.

††††† (4) Bonds issued under this section ((shall)) must be authorized by ordinance of the governing body of the sponsoring local government and may be issued in one or more series and ((shall)) must bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered as provided in RCW 39.46.030, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such ordinance or trust indenture or mortgage issued pursuant thereto.

††††† (5) The sponsoring local government may annually pay into a fund to be established for the benefit of bonds issued under this section a fixed proportion or a fixed amount of any local excise tax allocation revenues and local property tax allocation revenues derived from property or business activity within the revenue development area containing the public improvements funded by the bonds, such payment to continue until all bonds payable from the fund are paid in full.† The local government may also annually pay into the fund established in this section a fixed proportion or a fixed amount of any revenues derived from taxes imposed under RCW 82.14.475, such payment to continue until all bonds payable from the fund are paid in full.† Revenues derived from taxes imposed under RCW 82.14.475 are subject to the use restriction in RCW 39.102.130.

††††† (6) In case any of the public officials of the sponsoring local government whose signatures appear on any bonds or any coupons issued under this chapter ((shall)) cease to be such officials before the delivery of such bonds, such signatures ((shall)), nevertheless, ((be)) are valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery.† Any provision of any law to the contrary notwithstanding, any bonds issued under this chapter are fully negotiable.

††††† (7) Notwithstanding subsections (4) through (6) of this section, bonds issued under this section may be issued and sold in accordance with chapter 39.46 RCW.

Sec. 5.RCW 39.102.140 and 2009 c 518 s 12 and 2009 c 267 s 5 are each reenacted and amended to read as follows:

††††† (1) A sponsoring local government shall provide a report to the board and the department by March 1st of each year.† The report shall contain the following information:

††††† (a) The amount of local excise tax allocation revenues, local property tax allocation revenues, other revenues from local public sources, and taxes under RCW 82.14.475 received by the sponsoring local government, cosponsoring local government, or any participating local government during the preceding calendar year that were dedicated to pay the public improvements financed in whole or in part with local infrastructure financing, and a summary of how these revenues were expended;

††††† (b) The names of any businesses locating within the revenue development area as a result of the public improvements undertaken by the sponsoring local government and financed in whole or in part with local infrastructure financing;

††††† (c) The total number of permanent jobs created in the revenue development area as a result of the public improvements undertaken by the sponsoring local government and financed in whole or in part with local infrastructure financing;

††††† (d) The average wages and benefits received by all employees of businesses locating within the revenue development area as a result of the public improvements undertaken by the sponsoring local government and financed in whole or in part with local infrastructure financing;

††††† (e) That the sponsoring local government is in compliance with RCW 39.102.070; and

††††† (f) Beginning with the reports due March 1, 2010, the following must also be included:

††††† (i) A list of public improvements financed on a pay-as-you-go basis in previous calendar years and by indebtedness issued under this chapter;

††††† (ii) The date when any indebtedness issued under this chapter is expected to be retired;

††††† (iii) At least once every three years, updated estimates of state excise tax allocation revenues, state property tax allocation revenues, and local excise tax increments, as determined by the sponsoring local government, that are estimated to have been received by the state, any participating local government, sponsoring local government, and cosponsoring local government, since the approval of the project award under RCW 39.102.040 by the board; and

††††† (iv) Any other information required by the department or the board to enable the department or the board to fulfill its duties under this chapter and RCW 82.14.475.

††††† (2) The board shall make a report available to the public and the legislature by June 1st of each even-numbered year.† The report shall include a list of public improvements undertaken by sponsoring local governments and financed in whole or in part with local infrastructure financing and it shall also include a summary of the information provided to the department by sponsoring local governments under subsection (1) of this section.

††††† (3) The department, upon request, must assist a sponsoring local government in estimating the amount of state excise tax allocation revenues and local excise tax increments required in subsection (1)(f)(iii) of this section.

Sec. 6.RCW 39.102.020 and 2010 c 164 s 11 are each amended to read as follows:

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

††††† (1) "Annual state contribution limit" means seven million five hundred thousand dollars statewide per fiscal year.

††††† (2) "Assessed value" means the valuation of taxable real property as placed on the last completed assessment roll.

††††† (3) "Board" means the community economic revitalization board under chapter 43.160 RCW.

††††† (4) "Dedicated" means pledged, set aside, allocated, received, budgeted, or otherwise identified.
††††† (5) "Demonstration project" means one of the following projects:

††††† (a) Bellingham waterfront redevelopment project;

††††† (b) Spokane river district project at Liberty Lake; and

††††† (c) Vancouver riverwest project; and
††††† (d) Spokane County Kendall Yards Urban Development Project.

††††† (((5))) (6) "Department" means the department of revenue.

††††† (((6))) (7) "Fiscal year" means the twelve-month period beginning July 1st and ending the following June 30th.

††††† (((7))) (8) "Local excise tax allocation revenue" means an amount of local excise taxes equal to some or all of the sponsoring local government's local excise tax increment, amounts of local excise taxes equal to some or all of any participating local government's excise tax increment as agreed upon in the written agreement under RCW 39.102.080(1), or both, and dedicated to local infrastructure financing.

††††† (((8))) (9) "Local excise tax increment" means an amount equal to the estimated annual increase in local excise taxes in each calendar year following the approval of the revenue development area by the board from taxable activity within the revenue development area, as set forth in the application provided to the board under RCW 39.102.040, and updated in accordance with RCW 39.102.140(1)(f).

††††† (((9))) (10) "Local excise taxes" means local revenues derived from the imposition of sales and use taxes authorized in RCW 82.14.030.

††††† (((10))) (11) "Local government" means any city, town, county, port district, and any federally recognized Indian tribe.

††††† (((11))) (12) "Local infrastructure financing" means the use of revenues received from local excise tax allocation revenues, local property tax allocation revenues, other revenues from local public sources, and revenues received from the local option sales and use tax authorized in RCW 82.14.475, dedicated to pay either the principal and interest on bonds authorized under RCW 39.102.150 or to pay public improvement costs on a pay-as-you-go basis subject to RCW 39.102.195, or both.

††††† (((12))) (13) "Local property tax allocation revenue" means those tax revenues derived from the receipt of regular property taxes levied on the property tax allocation revenue value and used for local infrastructure financing.

††††† (((13))) (14) "Low-income housing" means residential housing for low-income persons or families who lack the means which is necessary to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding.† For the purposes of this subsection, "low income" means income that does not exceed eighty percent of the median family income for the standard metropolitan statistical area in which the revenue development area is located.

††††† (((14))) (15) "Ordinance" means any appropriate method of taking legislative action by a local government.

††††† (((15))) (16) "Participating local government" means a local government having a revenue development area within its geographic boundaries that has entered into a written agreement with a sponsoring local government as provided in RCW 39.102.080 to allow the use of all or some of its local excise tax allocation revenues or other revenues from local public sources dedicated for local infrastructure financing.

††††† (((16))) (17) "Participating taxing district" means a local government having a revenue development area within its geographic boundaries that has entered into a written agreement with a sponsoring local government as provided in RCW 39.102.080 to allow the use of some or all of its local property tax allocation revenues or other revenues from local public sources dedicated for local infrastructure financing.

††††† (((17))) (18) "Property tax allocation revenue base value" means the assessed value of real property located within a revenue development area less the property tax allocation revenue value.

††††† (((18))) (19)(a)(i) "Property tax allocation revenue value" means seventy‑five percent of any increase in the assessed value of real property in a revenue development area resulting from:

††††† (A) The placement of new construction, improvements to property, or both, on the assessment roll, where the new construction and improvements are initiated after the revenue development area is approved by the board;

††††† (B) The cost of new housing construction, conversion, and rehabilitation improvements, when such cost is treated as new construction for purposes of chapter 84.55 RCW as provided in RCW 84.14.020, and the new housing construction, conversion, and rehabilitation improvements are initiated after the revenue development area is approved by the board;

††††† (C) The cost of rehabilitation of historic property, when such cost is treated as new construction for purposes of chapter 84.55 RCW as provided in RCW 84.26.070, and the rehabilitation is initiated after the revenue development area is approved by the board.

††††† (ii) Increases in the assessed value of real property in a revenue development area resulting from (a)(i)(A) through (C) of this subsection are included in the property tax allocation revenue value in the initial year.† These same amounts are also included in the property tax allocation revenue value in subsequent years unless the property becomes exempt from property taxation.

††††† (b) "Property tax allocation revenue value" includes seventy-five percent of any increase in the assessed value of new construction consisting of an entire building in the years following the initial year, unless the building becomes exempt from property taxation.

††††† (c) Except as provided in (b) of this subsection, "property tax allocation revenue value" does not include any increase in the assessed value of real property after the initial year.

††††† (d) There is no property tax allocation revenue value if the assessed value of real property in a revenue development area has not increased as a result of any of the reasons specified in (a)(i)(A) through (C) of this subsection.

††††† (e) For purposes of this subsection, "initial year" means:

††††† (i) For new construction and improvements to property added to the assessment roll, the year during which the new construction and improvements are initially placed on the assessment roll;

††††† (ii) For the cost of new housing construction, conversion, and rehabilitation improvements, when such cost is treated as new construction for purposes of chapter 84.55 RCW, the year when such cost is treated as new construction for purposes of levying taxes for collection in the following year; and

††††† (iii) For the cost of rehabilitation of historic property, when such cost is treated as new construction for purposes of chapter 84.55 RCW, the year when such cost is treated as new construction for purposes of levying taxes for collection in the following year.

††††† (((19))) (20) "Public improvement costs" means the cost of:† (a) Design, planning, acquisition including land acquisition, site preparation including land clearing, construction, reconstruction, rehabilitation, improvement, and installation of public improvements; (b) demolishing, relocating, maintaining, and operating property pending construction of public improvements; (c) the local government's portion of relocating utilities as a result of public improvements; (d) financing public improvements, including interest during construction, legal and other professional services, taxes, insurance, principal and interest costs on general indebtedness issued to finance public improvements, and any necessary reserves for general indebtedness; (e) assessments incurred in revaluing real property for the purpose of determining the property tax allocation revenue base value that are in excess of costs incurred by the assessor in accordance with the revaluation plan under chapter 84.41 RCW, and the costs of apportioning the taxes and complying with this chapter and other applicable law; (f) administrative expenses and feasibility studies reasonably necessary and related to these costs; and (g) any of the above-described costs that may have been incurred before adoption of the ordinance authorizing the public improvements and the use of local infrastructure financing to fund the costs of the public improvements.

††††† (((20))) (21) "Public improvements" means:

††††† (a) Infrastructure improvements within the revenue development area that include:

††††† (i) Street, bridge, and road construction and maintenance, including highway interchange construction;

††††† (ii) Water and sewer system construction and improvements, including wastewater reuse facilities;

††††† (iii) Sidewalks, traffic controls, and streetlights;

††††† (iv) Parking, terminal, and dock facilities;

††††† (v) Park and ride facilities of a transit authority;

††††† (vi) Park facilities and recreational areas, including trails; and

††††† (vii) Storm water and drainage management systems;

††††† (b) Expenditures for facilities and improvements that support affordable housing as defined in RCW 43.63A.510.

††††† (((21))) (22) "Real property" has the same meaning as in RCW 84.04.090 and also includes any privately owned improvements located on publicly owned land that are subject to property taxation.

††††† (((22))) (23) "Regular property taxes" means regular property taxes as defined in RCW 84.04.140, except:† (a) Regular property taxes levied by public utility districts specifically for the purpose of making required payments of principal and interest on general indebtedness; (b) regular property taxes levied by the state for the support of the common schools under RCW 84.52.065; and (c) regular property taxes authorized by RCW 84.55.050 that are limited to a specific purpose.† "Regular property taxes" do not include excess property tax levies that are exempt from the aggregate limits for junior and senior taxing districts as provided in RCW 84.52.043.

††††† (((23))) (24) "Relocating a business" means the closing of a business and the reopening of that business, or the opening of a new business that engages in the same activities as the previous business, in a different location within a one-year period, when an individual or entity has an ownership interest in the business at the time of closure and at the time of opening or reopening.† "Relocating a business" does not include the closing and reopening of a business in a new location where the business has been acquired and is under entirely new ownership at the new location, or the closing and reopening of a business in a new location as a result of the exercise of the power of eminent domain.

††††† (((24))) (25) "Revenue development area" means the geographic area adopted by a sponsoring local government and approved by the board, from which local excise and property tax allocation revenues are derived for local infrastructure financing.

††††† (((25))) (26)(a) "Revenues from local public sources" means:

††††† (i) Amounts of local excise tax allocation revenues and local property tax allocation revenues, dedicated by sponsoring local governments, participating local governments, and participating taxing districts, for local infrastructure financing; and

††††† (ii) Any other local revenues, except as provided in (b) of this subsection, including revenues derived from federal and private sources.

††††† (b) Revenues from local public sources do not include any local funds derived from state grants, state loans, or any other state moneys including any local sales and use taxes credited against the state sales and use taxes imposed under chapter 82.08 or 82.12 RCW.

††††† (((26))) (27) "Small business" has the same meaning as provided in RCW 19.85.020.

††††† (((27))) (28) "Sponsoring local government" means a city, town, or county, and for the purpose of this chapter a federally recognized Indian tribe or any combination thereof, that adopts a revenue development area and applies to the board to use local infrastructure financing.

††††† (((28))) (29) "State contribution" means the lesser of:

††††† (a) One million dollars;

††††† (b) The total amount of local excise tax allocation revenues, local property tax allocation revenues, and other revenues from local public sources, that are dedicated by a sponsoring local government, any participating local governments, and participating taxing districts, in the preceding calendar year to the payment of principal and interest on bonds issued under RCW 39.102.150 or to pay public improvement costs on a pay-as-you-go basis subject to RCW 39.102.195, or both;

††††† (c) The amount of project award granted by the board in the notice of approval to use local infrastructure financing under RCW 39.102.040; or

††††† (d) The highest amount of state excise tax allocation revenues and state property tax allocation revenues for any one calendar year as determined by the sponsoring local government and reported to the board and the department as required by RCW 39.102.140.

††††† (((29))) (30) "State excise tax allocation revenue" means an amount equal to the annual increase in state excise taxes estimated to be received by the state in each calendar year following the approval of the revenue development area by the board, from taxable activity within the revenue development area as set forth in the application provided to the board under RCW 39.102.040 and periodically updated and reported as required in RCW 39.102.140(1)(f).

††††† (((30))) (31) "State excise taxes" means revenues derived from state retail sales and use taxes under RCW 82.08.020(1) and 82.12.020 at the rate provided in RCW 82.08.020(1), less the amount of tax distributions from all local retail sales and use taxes, other than the local sales and use taxes authorized by RCW 82.14.475 for the applicable revenue development area, imposed on the same taxable events that are credited against the state retail sales and use taxes under chapters 82.08 and 82.12 RCW.

††††† (((31))) (32) "State property tax allocation revenue" means an amount equal to the estimated tax revenues derived from the imposition of property taxes levied by the state for the support of common schools under RCW 84.52.065 on the property tax allocation revenue value, as set forth in the application submitted to the board under RCW 39.102.040 and updated annually in the report required under RCW 39.102.140(1)(f).

††††† (((32))) (33) "Taxing district" means a government entity that levies or has levied for it regular property taxes upon real property located within a proposed or approved revenue development area.

NEW SECTION.† Sec. 7.A new section is added to chapter 39.102 RCW to read as follows:

††††† Notwithstanding RCW 39.102.040 and RCW 39.102.050, the board shall approve an additional demonstration project to be known as the Spokane County Kendall Yards Urban Development Project.† The Spokane County Kendall Yards Urban Development Project application must be received by the board no later than July 1, 2014.† Spokane County Kendall Yards Urban Development Project award must not exceed three hundred fifty thousand dollars per year.† The board must approve by September 15, 2014, such demonstration project application submitted by July 1, 2014.

Sec. 8.RCW 39.102.060 and 2007 c 229 s 4 are each amended to read as follows:

††††† The designation of a revenue development area is subject to the following limitations:

††††† (1) The taxable real property within the revenue development area boundaries may not exceed one billion dollars in assessed value at the time the revenue development area is designated;

††††† (2) The average assessed value per square foot of taxable land within the revenue development area boundaries, as of January 1st of the year the application is submitted to the board under RCW 39.102.040, may not exceed seventy dollars at the time the revenue development area is designated;

††††† (3) No revenue development area shall have within its geographic boundaries any part of a hospital benefit zone under chapter 39.100 RCW or any part of another revenue development area created under this chapter;

††††† (4) A revenue development area is limited to contiguous tracts, lots, pieces, or parcels of land without the creation of islands of property not included in the revenue development area;

††††† (5) The boundaries may not be drawn to purposely exclude parcels where economic growth is unlikely to occur;

††††† (6) The public improvements financed through local infrastructure financing must be located in the revenue development area;

††††† (7) A revenue development area cannot comprise an area containing more than twenty-five percent of the total assessed value of the taxable real property within the boundaries of the sponsoring local government, including any cosponsoring local government, at the time the revenue development area is designated;

††††† (8) The boundaries of the revenue development area shall not be changed for the time period that local infrastructure financing is used; and

††††† (9)(a) Except as provided in (b) of this subsection, a revenue development area cannot include any part of an increment area created under chapter 39.89 RCW, except those increment areas created prior to January 1, 2006.

(b) A revenue development area's boundaries may include all or a portion of an existing increment area if:
††††† (i) The state of Washington has loaned money for environmental cleanup in such area in order to stimulate redevelopment of brownfields;
††††† (ii) The environmental cleanup, for which the state's loans were intended has been completed; and
††††† (iii) The sponsoring local government determines the creation of the revenue development is necessary for redevelopment and protecting the state's investment by increasing property tax revenue.

Sec. 9.RCW 39.102.120 and 2009 c 267 s 4 are each amended to read as follows:

††††† (1) Commencing in the second calendar year following board approval of a revenue development area, except for the Spokane County Kendall Yards Urban Development Project which shall commence January 1, 2016, the county treasurer shall distribute receipts from regular taxes imposed on real property located in the revenue development area as follows:

††††† (a) Each participating taxing district and the sponsoring local government shall receive that portion of its regular property taxes produced by the rate of tax levied by or for the taxing district on the property tax allocation revenue base value for that local infrastructure financing project in the taxing district; and

††††† (b) The sponsoring local government shall receive an additional portion of the regular property taxes levied by it and by or for each participating taxing district upon the property tax allocation revenue value within the revenue development area.† However, if there is no property tax allocation revenue value, the sponsoring local government shall not receive any additional regular property taxes under this subsection (1)(b).† The sponsoring local government may agree to receive less than the full amount of the additional portion of regular property taxes under this subsection (1)(b) as long as bond debt service, reserve, and other bond covenant requirements are satisfied, in which case the balance of these tax receipts shall be allocated to the participating taxing districts that levied regular property taxes, or have regular property taxes levied for them, in the revenue development area for collection that year in proportion to their regular tax levy rates for collection that year.† The sponsoring local government may request that the treasurer transfer this additional portion of the property taxes to its designated agent.† The portion of the tax receipts distributed to the sponsoring local government or its agent under this subsection (1)(b) may only be expended to finance public improvement costs associated with the public improvements financed in whole or in part by local infrastructure financing.

††††† (2) The county assessor shall determine the property tax allocation revenue value and property tax allocation revenue base value.† This section does not authorize revaluations of real property by the assessor for property taxation that are not made in accordance with the assessor's revaluation plan under chapter 84.41 RCW or under other authorized revaluation procedures.

††††† (3) The distribution of local property tax allocation revenue to the sponsoring local government must cease when local property tax allocation revenues are no longer obligated to pay the costs of the public improvements.† Any excess local property tax allocation revenues and earnings on such revenues remaining at the time the distribution of local property tax allocation revenue terminates must be returned to the county treasurer and distributed to the participating taxing districts that imposed regular property taxes, or had regular property taxes imposed for it, in the revenue development area for collection that year, in proportion to the rates of their regular property tax levies for collection that year.

††††† (4) The allocation to the revenue development area of that portion of the sponsoring local government's and each participating taxing district's regular property taxes levied by or for each taxing district upon the property tax allocation revenue value within that revenue development area is declared to be a public purpose of and benefit to the sponsoring local government and each participating taxing district.

††††† (5) The distribution of local property tax allocation revenues pursuant to this section shall not affect or be deemed to affect the rate of taxes levied by or within any sponsoring local government and participating taxing district or the consistency of any such levies with the uniformity requirement of Article VII, section 1 of the state Constitution.

††††† (6) This section does not apply to those revenue development areas that include any part of an increment area created under chapter 39.89 RCW."

††††† Senator Rivers spoke in favor of adoption of the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Second Substitute House Bill No. 1306.

The motion by Senator Rivers 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 "program;" strike the remainder of the title and insert "amending RCW 82.14.475, 39.102.150, 39.102.020, 39.102.060, and 39.102.120; reenacting and amending RCW 39.102.140; adding new sections to chapter 39.102 RCW; repealing RCW 39.102.904; and providing expiration dates."

 

MOTION

 

On motion of Senator Rivers, the rules were suspended, Engrossed Second Substitute House Bill No. 1306 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 Rivers spoke in favor of passage of the bill.

 

The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1306 as amended by the Senate.

 

ROLL CALL

 

The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1306 as amended by the Senate and the bill passed the Senate by the following vote:† Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

Voting yea: Senators 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, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom

††††† Voting nay: Senators Chase and Honeyford

††††† Excused: Senators Carrell and McAuliffe

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1306 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

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:

SECOND SUBSTITUTE SENATE BILL NO. 5213,

ENGROSSED SENATE BILL NO. 5221.

 

MOTION

 

At 1:38 p.m., on motion of Senator Fain, the Senate adjourned until 12:30 p.m. Sunday, April 28, 2013.

 

BRAD OWEN, President of the Senate

 

HUNTER GOODMAN, Secretary of the Senate

 

 

 

 

 

 





1130-S

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Messages................................................................................ 1

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Second Reading................................................................... 14

Third Reading Final Passage............................................... 20

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Introduction & 1st Reading................................................... 12

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Second Reading................................................................... 14

Third Reading Final Passage............................................... 14

4406

Second Reading................................................................... 13

Third Reading Final Passage............................................... 14

5193-S2

Final Passage as amended by House...................................... 6

Messages................................................................................ 6

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Final Passage as amended by House...................................... 7

Messages................................................................................ 6

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5221

President Signed................................................................... 20

5267-S2

Final Passage as amended by House.................................... 13

Messages.............................................................................. 12

Other Action......................................................................... 12

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Final Passage as amended by House...................................... 3

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Final Passage as amended by House...................................... 6

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Final Passage as amended by House.................................... 10

Messages................................................................................ 7

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Final Passage as amended by House.................................... 13

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8661

Adopted.................................................................................. 1

Introduced.............................................................................. 1

9082 J. A. Bricker

Confirmed.............................................................................. 1

9084 Don Brunell

Confirmed.............................................................................. 2

9127 Chris Jordan

Confirmed.............................................................................. 2

WASHINGTON STATE SENATE

Personal Privilege, Senator Ranker........................................ 6