WASHINGTON STATE LEGISLATURE
Legislative Digest No. 42

SIXTY-FIRST LEGISLATURE
Wednesday, March 11, 200959th Day - 2009 Regular Session

SENATE
SB 5978-SSB 6032-SSB 6033
HOUSE
HB 1618-S2HB 1926-SHB 2072-SHB 2119-S2HB 2128-SHB 2167-S2HB 2289-S
HB 2307

This publication includes digest and history for bills, joint memorials, joint resolutions, concurrent resolutions, initiatives, and substitutes. Engrossed measures may be republished if the amendment makes a substantive change.

Electronic versions of Legislative Digests are available at http://apps.leg.wa.gov/billinfo/digests.aspx?year=2009.


House Bills

HB 1618-S2

by House Committee on General Government Appropriations (originally sponsored by Representatives White, Nelson, Hudgins, Kenney, Sullivan, Carlyle, Hasegawa, Santos, Green, Miloscia, Orwall, Pedersen, Cody, Dickerson, Liias, Kelley, Pettigrew, Goodman, Simpson, Morrell, and Ormsby)


Concerning community and surplus schools.


(AS OF HOUSE 2ND READING 3/6/2009)


Creates the community schools program in the department of community, trade, and economic development to: (1) Provide capital grant funds for the development of community schools and convert empty school buildings into community facilities;

(2) Improve the coordination, availability, and effectiveness of services for children and families;

(3) Help children come to school ready to learn every day;

(4) Enable families to participate in the education of their children;

(5) Enable more efficient use of federal, state, local, and private sector resources that serve children and families;

(6) Enable the use of and improve access to surplus schools for community purposes; and

(7) Assist school districts with the conversion of surplus schools from illiquid assets to liquid capital funds.

Requires the superintendent of public instruction, in conducting studies and surveys for securing information on applications by school districts for state assistance in providing school plant facilities, to include in the studies and surveys an inventory of school district facilities jointly used, or that could potentially be used for other community purposes, including detail on cooperative partnerships.
-- 2009 REGULAR SESSION --
Feb 3Public hearing in the House Committee on Capital Budget at 3:30 PM.
Feb 9Executive action taken in the House Committee on Capital Budget at 3:30 PM.
Feb 25Public hearing in the House Committee on General Government Appropriations at 1:30 PM.
Feb 26APPG - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Executive action taken in the House Committee on General Government Appropriations at 4:00 PM.
Mar 2Passed to Rules Committee for second reading.
Mar 4Placed on second reading by Rules Committee.
Mar 62nd substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 60; nays, 35; absent, 0; excused, 2.
-- IN THE SENATE --
Mar 10First reading, referred to Government Operations & Elections.

HB 1926-S

by House Committee on Health Care & Wellness (originally sponsored by Representatives Cody, Ericksen, Appleton, Pettigrew, Kenney, Moeller, and Ormsby)


Exempting certain hospice agencies from certificate of need requirements.


(AS OF HOUSE 2ND READING 3/6/2009)


Prohibits the department of health from requiring a certificate of need for certain hospice agencies.
-- 2009 REGULAR SESSION --
Feb 13Public hearing in the House Committee on Health Care & Wellness at 1:30 PM.
Feb 20HCW - Majority; 1st substitute bill be substituted, do pass.
Executive action taken in the House Committee on Health Care & Wellness at 1:30 PM.
Feb 23Passed to Rules Committee for second reading.
Mar 4Placed on second reading by Rules Committee.
Mar 61st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 1.
-- IN THE SENATE --
Mar 10First reading, referred to Health & Long-Term Care.

HB 2072-S

by House Committee on Transportation (originally sponsored by Representatives Wallace, Clibborn, and Wood)


Concerning transportation for persons with special transportation needs.


(AS OF HOUSE 2ND READING 3/6/2009)


Modifies the purposes, duties, and composition of the agency council on coordinated transportation.

Requires the agency council on coordinated transportation to: (1) Appoint a work group for the purpose of identifying relevant federal requirements related to special needs transportation, and identifying solutions to streamline the requirements and increase efficiencies in transportation services provided for persons with special transportation needs;

(2) Work with relevant federal representatives and agencies to identify and address various challenges and barriers;

(3) Appoint a work group to consider certain recommendations resulting from the study identified in section 1(1) of the act; and

(4) In cooperation with the department of social and health services and the Washington state patrol, make progress toward the goal of establishing a single clearinghouse for driver background checks within the department of social and health services or another appropriate agency.

Creates a local coordinating coalition in each nonemergency medical transportation brokerage region, as designated by the department of social and health services, that encompasses certain counties. The purpose of a local coordinating coalition is to advance local efforts to coordinate and maximize efficiencies in special needs transportation programs and services, contributing to the overall objectives and goals of the agency council on coordinated transportation.

Requires the office of the superintendent of public instruction to establish a uniform process designed to track the additional expenditures for transporting homeless students.

Requires a municipality, as defined in RCW 35.58.272, and each regional transit authority to work collaboratively with the appropriate local coordinating coalition or coalitions to advance the coordination of and maximize efficiencies in transportation services provided to persons with special transportation needs.

Requires the department of social and health services to: (1) Collect and track data related to transportation purchased for all of its clients; and

(2) Provide the agency council on coordinated transportation with quarterly reports detailing that data.

Delays the repeal of chapter 47.06B RCW (coordinating special needs transportation).

Provides that the act is null and void if appropriations are not approved.
-- 2009 REGULAR SESSION --
Feb 17Public hearing in the House Committee on Transportation at 3:30 PM.
Feb 27TR - Majority; 1st substitute bill be substituted, do pass.
Executive action taken in the House Committee on Transportation at 1:30 PM.
Mar 2Passed to Rules Committee for second reading.
Mar 5Rules Committee relieved of further consideration. Placed on second reading.
Mar 61st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 95; nays, 0; absent, 0; excused, 2.
-- IN THE SENATE --
Mar 10First reading, referred to Transportation.

HB 2119-S2

by House Committee on Ways & Means (originally sponsored by Representatives Wallace, Carlyle, Sullivan, Morrell, Quall, Santos, and Ormsby)


Expanding dual credit opportunities.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Directs the superintendent of public instruction, the state board for community and technical colleges, the higher education coordinating board, and the public baccalaureate institutions to jointly develop and each adopt rules governing the college in the high school program.

Directs the superintendent of public instruction and the higher education coordinating board to develop advising guidelines to assure that students and parents understand that college credits earned in high school dual credit programs may impact eligibility for financial aid.

Directs the office of the superintendent of public instruction, in collaboration with the state board for community and technical colleges, the Washington state apprenticeship and training council, the workforce training and education coordinating board, the higher education coordinating board, and the public baccalaureate institutions, to report by September 1, 2010, and annually thereafter to the education and higher education committees of the legislature regarding participation in dual credit programs.

Requires running start students, in lieu of tuition and fees as defined in RCW 28B.15.020 and 28B.15.041, to pay to the community or technical college all other mandatory fees as established by each community or technical college.

Requires the community or technical college to make available fee waivers for low-income students.
-- 2009 REGULAR SESSION --
Feb 17Public hearing in the House Committee on Education at 10:00 AM.
Feb 20Executive action taken in the House Committee on Education at 8:00 AM.
Mar 6Public hearing and executive session in the House Committee on Ways & Means at 12:00 PM.
Mar 9WAYS - Majority; 2nd substitute bill be substituted, do pass.
Minority; do not pass.
Placed on second reading.
Mar 102nd substitute bill substituted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 92; nays, 4; absent, 0; excused, 1.

HB 2128-S

by House Committee on Health Care & Wellness (originally sponsored by Representatives Seaquist and Simpson)


Concerning health care coverage for children.


(AS OF HOUSE 2ND READING 3/6/2009)


Requires the department of social and health services to manage its outreach, application, and renewal procedures in order to qualify for enhanced federal funding.

Delays the availability of children's health insurance until January 1, 2010, for children in families with household income over three hundred percent of the federal poverty level.

Changes the name of the children's health program to the apple health for kids program.

Establishes the position of apple health executive to ensure planning and coordination of all aspects of the apple health for kids program across all the involved agencies and with the various stakeholders, and to facilitate the collection, reporting, and analysis of the outcome data required by section 3 of the act.
-- 2009 REGULAR SESSION --
Feb 17Public hearing in the House Committee on Health Care & Wellness at 1:30 PM.
Feb 20HCW - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Executive action taken in the House Committee on Health Care & Wellness at 1:30 PM.
Feb 23Passed to Rules Committee for second reading.
Mar 2Placed on second reading by Rules Committee.
Mar 61st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 68; nays, 28; absent, 0; excused, 1.
-- IN THE SENATE --
Mar 10First reading, referred to Health & Long-Term Care.

HB 2167-S2

by House Committee on Ways & Means (originally sponsored by Representatives Maxwell, Priest, Green, Quall, Moeller, White, Orwall, Sullivan, Van De Wege, Liias, and Probst)


Providing flexibility in the education system.


(DIGEST OF PROPOSED 2ND SUBSTITUTE)


Provides flexibility in the education system to reduce costs.
-- 2009 REGULAR SESSION --
Feb 17Public hearing in the House Committee on Education at 10:00 AM.
Feb 20Executive action taken in the House Committee on Education at 8:00 AM.
Feb 27Public hearing in the House Committee on Ways & Means at 1:30 PM.
Mar 2WAYS - Majority; 2nd substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Executive action taken in the House Committee on Ways & Means at 1:30 PM.
Mar 6Placed on second reading.
Mar 92nd substitute bill substituted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 96; nays, 1; absent, 0; excused, 0.

HB 2289-S

by House Committee on Capital Budget (originally sponsored by Representative McCoy)


Expanding the energy freedom program.


(AS OF HOUSE 2ND READING 3/6/2009)


Modifies the energy freedom program and account in order to receive federal funds and other sources of funding.

Expands the mission of the energy freedom program to accelerate energy efficiency improvements, renewable energy improvements, and deployment of innovative energy technologies.

Supports, through the energy freedom program, research, demonstration, and commercialization of energy efficiency improvements, renewable energy improvements, and innovation energy technologies.

Creates the nonstate funding energy account as a subaccount of the energy freedom account.

Expires most of the act on June 30, 2016.
-- 2009 REGULAR SESSION --
Feb 24Public hearing in the House Committee on Capital Budget at 1:30 PM.
Feb 27CB - Majority; 1st substitute bill be substituted, do pass.
Minority; do not pass.
Executive action taken in the House Committee on Capital Budget at 1:30 PM.
Mar 2Passed to Rules Committee for second reading.
Mar 4Placed on second reading by Rules Committee.
Mar 61st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 88; nays, 7; absent, 0; excused, 2.
-- IN THE SENATE --
Mar 10First reading, referred to Environment, Water & Energy.

HB 2307

by Representatives Kretz, Short, Blake, Ericks, Kenney, Takko, Eddy, Appleton, Schmick, Walsh, Hope, Haler, Warnick, Williams, and Orcutt


Concerning existing uses on state highway rights-of-way.


Authorizes patrons or customers of businesses or establishments that have received financial assistance under RCW 70.148.130 to use state highway rights-of-way if required.
-- 2009 REGULAR SESSION --
Mar 10First reading, referred to Transportation.


Senate Bills

SB 5978-S

by Senate Committee on Labor, Commerce & Consumer Protection (originally sponsored by Senators Haugen and Kohl-Welles)


Establishing certain consumer rebate requirements.


(AS OF SENATE 2ND READING 3/6/2009)


Requires a person who offers a consumer rebate to allow a minimum of fourteen days from the date the consumer purchases the product, or becomes eligible for the rebate upon satisfying the terms and conditions of the offer, for the submission of a request for redemption by the customer.

Requires the person offering or processing the rebate, upon receipt of a request for redemption meeting the terms and conditions of the rebate offer, to transmit the rebate funds to the consumer within ninety days.

Requires the funds to be mailed in a manner that identifies the piece of mail as the expected rebate check.
-- 2009 REGULAR SESSION --
Feb 23Public hearing in the Senate Committee on Labor and Commerce & Consumer Protection at 6:00 PM.
Feb 24Executive action taken in the Senate Committee on Labor and Commerce & Consumer Protection at 1:30 PM.
Feb 25LCCP - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Mar 4Placed on second reading by Rules Committee.
Mar 61st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 45; nays, 0; absent, 0; excused, 4.
-- IN THE HOUSE --
Mar 9First reading, referred to Commerce & Labor.

SB 6032-S

by Senate Committee on Financial Institutions, Housing & Insurance (originally sponsored by Senators Berkey and Hobbs)


Concerning exchange facilitators.


(AS OF SENATE 2ND READING 3/6/2009)


Creates a statutory framework that provides some consumer protections to those who entrust money or property to persons acting as exchange facilitators.

Penalizes a person who engages in business as an exchange facilitator and who violates certain provisions of the act.
-- 2009 REGULAR SESSION --
Feb 24Public hearing, executive action taken in the Senate Committee on Financial Institutions, and Housing & Insurance at 10:00 AM.
Feb 25FIHI - Majority; 1st substitute bill be substituted, do pass.
Passed to Rules Committee for second reading.
Mar 4Placed on second reading by Rules Committee.
Mar 61st substitute bill substituted.
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 46; nays, 0; absent, 0; excused, 3.
-- IN THE HOUSE --
Mar 10First reading, referred to Financial Institutions & Insurance.

SB 6033

by Senators Berkey, Fairley, Kauffman, McAuliffe, Tom, Marr, Prentice, Shin, Fraser, Kohl-Welles, Eide, McDermott, Jarrett, Regala, Hobbs, Kline, Jacobsen, Murray, Franklin, Hatfield, Kilmer, Haugen, Hargrove, and Sheldon


Creating the prevent or reduce owner-occupied foreclosure program.


(AS OF SENATE 2ND READING 3/6/2009)


Creates the prevent or reduce owner-occupied foreclosure program in the department of financial institutions to assist certain households, families, and individuals facing foreclosure in achieving work-outs.

Requires the housing finance commission to: (1) Establish a prevent or reduce owner-occupied foreclosure oversight committee to serve as the commission's principal advisory body on the prevent or reduce owner-occupied foreclosure program;

(2) Supply information and assistance deemed necessary for the committee to carry out its duties; and

(3) Provide administrative and clerical assistance to the committee.

Changes the name of the smart homeownership choices program account to the prevent or reduce owner-occupied foreclosure program account.
-- 2009 REGULAR SESSION --
Feb 16First reading, referred to Financial Institutions, Housing & Insurance.
Feb 18Public hearing, executive action taken in the Senate Committee on Financial Institutions, and Housing & Insurance at 3:30 PM.
Feb 20FIHI - Majority; do pass.
Passed to Rules Committee for second reading.
Mar 4Placed on second reading by Rules Committee.
Mar 6Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 46; nays, 0; absent, 1; excused, 2.
-- IN THE HOUSE --
Mar 10First reading, referred to Financial Institutions & Insurance.