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FIFTEENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, January 22, 1996
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Pelz and West. On motion of Senator Thibaudeau, Senator Pelz was excused. On motion of Senator Anderson, Senators Cantu and West were excused.
The Sergeant at Arms Color Guard, consisting of Pages Libby Cook and Will Ehlers, presented the Colors. Reverend Sandra Lee, pastor of the Olympia Unitarian Universalist Congregation, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 19, 1996
SB 6099 Prime Sponsor, Senator McAuliffe: Authorizing freshwater aquatic weeds account moneys to be used for hydrilla eradication. Reported by Committee on Natural Resources
MAJORITY Recommendation: Do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Morton, Oke, Owen, Snyder, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
January 18, 1996
SB 6101 Prime Sponsor, Senator Drew: Establishing a free shellfish digging weekend and including steelhead trout in the free fishing weekend. Reported by Committee on Natural Resources
MAJORITY Recommendation: That Substitute Senate Bill No. 6101 be substituted therefor, and the substitute bill do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; Haugen, Morton, Oke, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
January 19, 1996
SB 6120 Prime Sponsor, Senator Quigley: Establishing health insurance benefits following the birth of a child. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: That Substitute Senate Bill No. 6120 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Quigley, Chair; Wojahn, Vice Chair; Fairley, Franklin and Thibaudeau.
MINORITY Recommendation: Do not pass. Signed by Senators Moyer and Winsley.
Referred to Committee on Ways and Means.
January 19, 1996
SB 6290 Prime Sponsor, Senator Prentice: Setting net worth requirements. Reported by Committee on Financial Institutions and Housing
MAJORITY Recommendation: That Substitute Senate Bill No. 6290 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair; Hale and Sutherland.
Passed to Committee on Rules for second reading.
January 19, 1996
SB 6305 Prime Sponsor, Senator Drew: Authorizing approval of off-site mitigation proposals for hydraulic projects. Reported by Committee on Natural Resources
MAJORITY Recommendation: Do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Morton, Oke, Owen, Snyder, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
January 19, 1996
SB 6417 Prime Sponsor, Senator Drew: Defining the number of fish and wildlife commissioners needed to make rules. Reported by Committee on Natural Resources
MAJORITY Recommendation: Do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Morton, Oke, Owen, Snyder, Strannigan and Swecker.
Passed to Committee on Rules for second reading.
January 18, 1996
SJM 8017 Prime Sponsor, Senator Rasmussen: Encouraging schools to provide an elementary gun safety program. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Goings, Vice Chair; Finkbeiner, Hochstatter, Johnson, Pelz and Rasmussen.
Passed to Committee on Rules for second reading.
INTRODUCTION AND FIRST READING
SB 6631 by Senators Sutherland, West, Finkbeiner, Loveland, Heavey, Rasmussen, Hochstatter, Strannigan and Morton
AN ACT Relating to exempting thermal energy companies from utilities and transportation commission authority; amending RCW 39.35C.080; adding a new section to chapter 80.04 RCW; creating a new section; and repealing RCW 80.62.010, 80.62.020, 80.62.030, 80.62.040, 80.62.050, 80.62.060, 80.62.070, 80.62.080, 80.62.900, and 80.62.910.
Referred to Committee on Energy, Telecommunications and Utilities.
SB 6632 by Senators Prentice, Kohl, Fairley, McAuliffe and Pelz
AN ACT Relating to access to firearms by minors; adding new sections to chapter 9.41 RCW; creating a new section; prescribing penalties; and providing an effective date.
Referred to Committee on Law and Justice.
SB 6633 by Senators Haugen and McDonald
AN ACT Relating to products and services provided by community rehabilitation programs; amending RCW 43.19.520 and 43.19.525; and adding a new section to chapter 43.19 RCW.
Referred to Committee on Government Operations.
SB 6634 by Senators Heavey, Swecker, Strannigan, Cantu, Morton, McCaslin, West, Zarelli, Schow and Johnson
AN ACT Relating to limiting taxing district levy increases; and amending RCW 84.55.120.
Referred to Committee on Government Operations.
SB 6635 by Senators Morton and Drew
AN ACT Relating to application fees for mines used primarily for public works projects in counties with 1993 populations of less than twenty thousand; and amending RCW 78.44.085.
Referred to Committee on Natural Resources.
SB 6636 by Senators Bauer, Oke, Owen and Kohl
AN ACT Relating to dedication of roadside safety rest areas; and adding a new section to chapter 47.38 RCW.
Referred to Committee on Transportation.
SB 6637 by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long
AN ACT Relating to limitations on growth management hearings board discretion; and amending RCW 36.70A.320.
Referred to Committee on Government Operations.
SB 6638 by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long
AN ACT Relating to standards for development regulations; and amending RCW 36.70A.172.
Referred to Committee on Government Operations.
SB 6639 by Senators Winsley, Haugen, Sheldon, Hale, Wood and Long
AN ACT Relating to notice to county assessors of local land use changes that allow assessors to revalue the property; amending RCW 36.70B.130 and 84.41.030; and adding a new section to chapter 36.70B RCW.
Referred to Committee on Government Operations.
SB 6640 by Senator Snyder
AN ACT Relating to distributions from the timber tax distribution account for watershed recovery plans; and amending RCW 84.33.081.
Referred to Committee on Natural Resources.
SB 6641 by Senators Thibaudeau, Moyer, Kohl and Hochstatter
AN ACT Relating to unsupervised practice by dental hygienists; adding a new section to chapter 18.29 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 6642 by Senators Heavey and Schow
AN ACT Relating to voting for port commissioners; and amending RCW 53.12.010.
Referred to Committee on Government Operations.
SB 6643 by Senators Prentice, Heavey, Fairley, Kohl and Fraser
AN ACT Relating to prevention of workplace violence in health care settings; and adding a new chapter to Title 49 RCW.
Referred to Committee on Labor, Commerce and Trade.
SB 6644 by Senators Cantu and A. Anderson
AN ACT Relating to release of driving records to employers, prospective employers, and their agents; and amending RCW 46.52.130.
Referred to Committee on Transportation.
SB 6645 by Senators Hale, Haugen, A. Anderson, Bauer, Wood, Loveland, Owen, Rasmussen, Sheldon, Cantu, McCaslin, Newhouse, Deccio, Snyder, McDonald, Johnson, Swecker, Schow, Zarelli, West, Long, Morton, Oke, Winsley, Roach and Hochstatter
AN ACT Relating to readoption of agency rules; and adding a new section to chapter 34.05 RCW.
Referred to Committee on Government Operations.
SB 6646 by Senators Hargrove, Long and Franklin (by request of Department of Social and Health Services)
AN ACT Relating to technical and clarifying amendments to the Becca bill; and amending RCW 13.32A.030, 13.32A.050, 13.32A.060, 13.32A.065, 13.32A.070, 13.32A.082, 13.32A.090, 13.32A.095, 13.32A.100, 13.32A.110, 13.32A.120, 13.32A.130, 13.32A.140, 13.32A.150, 13.32A.152, 13.32A.160, 13.32A.170, 13.32A.179, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.250, 13.34.165, 28A.225.030, 28A.225.035, 28A.225.090, 70.96A.095, and 71.34.035.
Referred to Committee on Human Services and Corrections.
SB 6647 by Senators A. Anderson, Spanel, Morton, Rasmussen and Swecker
AN ACT Relating to granting water rights to persons who put water to use before January 1, 1993, and file a statement of claim by June 30, 1997; and adding a new section to chapter 90.03 RCW.
Referred to Committee on Ecology and Parks.
SB 6648 by Senators Kohl, Long and Hargrove (by request of Governor Lowry)
AN ACT Relating to establishing the office of the child, youth, and family ombudsman; amending RCW 13.50.010, 42.17.310, and 26.44.030; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Human Services and Corrections.
SB 6649 by Senators Loveland, Prentice, Rasmussen, Deccio, Newhouse and Sellar (by request of Department of Health and Department of Agriculture)
AN ACT Relating to sales and use tax exemptions for farmworker housing; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and declaring an emergency.
Referred to Committee on Financial Institutions and Housing.
SB 6650 by Senators Finkbeiner, Hargrove, Loveland, Hochstatter, Strannigan, Zarelli, Swecker, Drew and Winsley
AN ACT Relating to state records; adding a new chapter to Title 43 RCW; prescribing penalties; and providing an effective date.
Referred to Committee on Energy, Telecommunications and Utilities.
SB 6651 by Senators Finkbeiner, Drew, Haugen, Swecker, Winsley, Johnson and Strannigan
AN ACT Relating to storage of public records on compact discs; and amending RCW 40.14.010.
Referred to Committee on Energy, Telecommunications and Utilities.
SB 6652 by Senators Finkbeiner and Johnson
AN ACT Relating to school bus improvement; adding a new section to chapter 28A.160 RCW; and making an appropriation.
Referred to Committee on Education.
SB 6653 by Senators Bauer, Deccio, Pelz, Hale and Kohl
AN ACT Relating to real estate brokerage relationships; amending RCW 18.85.230; adding a new chapter to Title 18 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Labor, Commerce and Trade.
SB 6654 by Senators Bauer, Cantu, Sutherland, Moyer, Owen, Hale, Hargrove, Schow, Heavey, Wood, Rasmussen, Strannigan, Goings, Finkbeiner, Sheldon, Johnson, Franklin, Winsley, Snyder, West, Zarelli, Long, Deccio, Oke, Spanel and A. Anderson
AN ACT Relating to sales and use tax exemptions for manufacturing or research and development machinery and equipment; amending RCW 82.08.02565 and 82.12.02565; creating a new section; and providing an effective date.
Referred to Committee on Ways and Means.
SB 6655 by Senators Bauer, Cantu, Sutherland, Moyer, Owen, Schow, Hargrove, Wood, Heavey, Strannigan, Rasmussen, Finkbeiner, Sheldon, Johnson, Franklin, West, Hale, Snyder, Winsley, Deccio, Zarelli, Long, Oke, Spanel and A. Anderson
AN ACT Relating to sales and use tax exemptions for machinery and equipment used in manufacturing research and development; amending RCW 82.08.02565 and 82.12.02565; creating a new section; and providing an effective date.
Referred to Committee on Ways and Means.
SB 6656 by Senators Bauer, Cantu, Sutherland, Moyer, Owen, Hale, Hargrove, Schow, Heavey, Wood, Rasmussen, Strannigan, Sheldon, Finkbeiner, Franklin, Johnson, Snyder, West, Winsley, Zarelli, Long, Deccio, Oke, Spanel and A. Anderson
AN ACT Relating to sales and use tax exemptions for manufacturing machinery and equipment; amending RCW 82.08.02565; creating a new section; and providing an effective date.
Referred to Committee on Ways and Means.
SJM 8028 by Senators Wojahn, Pelz, Sutherland, Heavey, Haugen, Schow, Oke and Morton
Requesting clarification of the Indian Gaming Regulatory Act of 1988.
Referred to Committee on Labor, Commerce and Trade.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9114, Jim Whiteside, as a member of the Public Disclosure Commission, was confirmed.
APPOINTMENT OF JIM WHITESIDE
The Secretary called the roll. The confirmation was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46.
Excused: Senators Cantu, Pelz and West - 3.
MOTION
On motion of Senator Smith, Gubernatorial Appointment No. 9126, Gary A. Maehara, as a member of the Public Disclosure Commission, was confirmed.
APPOINTMENT OF GARY A. MAEHARA
The Secretary called the roll. The confirmation was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.
Excused: Senators Cantu and Pelz - 2.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Mr. Richard Klein, Washington State's representative in Vladivostok, who was seated in the gallery. Mr. Klein assists a variety of Washington State businesses in selling their products in the Russian Far East and will be working to position the state to benefit from the large oil and gas development projects off Sakhalin Island.
MOTION
At 10:21 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:11 a.m. by President Pritchard.
SECOND READING
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6062, by Senate Committee on Ways and Means (originally sponsored by Senators Quigley, Moyer, Fairley, Wood, Wojahn and Winsley)
Making welfare work.
MOTIONS
On motion of Senator Quigley, Third Substitute Senate Bill No. 6062 was substituted for Engrossed Second Substitute Senate Bill No. 6062 and the third substitute bill was placed on second reading and read the second time.
Senator McDonald moved that the following amendments be considered simultaneously and be adopted:
On page 8, beginning on line 35, after "education," strike all material through "act," on line 37
On page 14, after line 13, strike all of section 209 and insert the following:
"NEW SECTION. Sec. 209. A new section is added to chapter 74.25 RCW to read as follows:
COMMUNITY SERVICE PROGRAM. A recipient participating in a community service program shall locate a community service experience of at least one hundred hours per month with any willing public or private organization and provide documentation, signed by the recipient under penalty of perjury, to the department of his or her participation on forms established in rule by the department. Compliance shall be subject to random checks by the department."
On page 16, line 4, after "may" strike "extend" and insert "receive"
On page 16, beginning on line 5, after "period of" strike "an additional two years" and insert "one year"
On page 16, line 7, after "community" strike "volunteer" and insert "service"
On page 16, line 7, after "act" insert "only if the activities direct a participant toward gainful employment and eventual self-sufficiency"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator McDonald on page 8, beginning on line 35, page 14, after line 13; and page 16, lines 4, 5, and 7 (2), to Third Substitute Senate Bill No. 6062.
The motion by Senator McDonald failed and the amendments were not adopted on a rising vote.
MOTION
Senator Kohl moved that the following amendment by Senators Kohl, Wojahn, Prentice, Thibaudeau and Fraser be adopted:
On page 15, line 33, after "months." insert "At any time after a recipient reaches his or her sixty-month lifetime limit, the recipient may request a fair hearing with the department, in order to determine whether extraordinary, exigent circumstances exist that would cause undue hardship to the recipient if benefits were not restored. The fair hearing shall comply with federal standards for fair hearings on matters pertaining to benefit reduction. If justifying extraordinary circumstances are found to exist, the department shall provide grant assistance to the recipient, on a month-to-month basis, for as long as the exigent circumstance continues."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl, Wojahn, Prentice, Thibaudeau and Fraser on page 15, line 33, to Third Substitute Senate Bill No. 6062.
The motion by Senator Kohl failed and the amendment was not adopted.
MOTION
Senator Pelz moved that the following amendments be considered simultaneously and be adopted:
On page 16, line 19, after "application;" strike "or"
On page 16, line 21, after "disabled" insert "; or
(d) If the average state unemployment rate is eight percent or more, as determined by the employment security department. The time limit shall be extended for any six-month period preceded by a fifty-two week moving average unemployment rate of eight percent or more, provided the recipient performs community service during the six months"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Pelz on page 16, lines 19 and 21, to Third Substitute Senate Bill No. 6062.
The motion by Senator Pelz carried and the amendments were adopted.
MOTION
Senator Thibaudeau moved that the following amendment by Senators Thibaudeau and Kohl be adopted:
On page 16, line 34, after "(6)" insert "The department shall provide child care assistance to public assistance recipients requesting such assistance, to enable them to participate in employment, or in approved welfare-to-work employment and training programs.
(7) The department shall provide transitional child care subsidies for a period of twelve months following the last month of grant assistance, for persons who leave public assistance due to earnings or receipt of child support, and, within available funds, upon request of the recipient, an additional twelve-month period.
(8) The department shall provide, upon request of a low-income worker, and within available funds, employment child care subsidies for low-income workers who do not receive public assistance payments.
(9)"
Renumber remaining subsections consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Thibaudeau and Kohl on page 16, line 34, to Third Substitute Senate Bill No. 6062.
The motion by Senator Thibaudeau carried and the amendment was adopted on a rising vote.
MOTION
Senator Pelz moved that the following amendment be adopted:
On page 17, line 4, after "(7)" insert "Regardless of any federal action that may deny medical benefits to children and families on aid to families with dependent children, medical assistance benefits provided to public assistance recipients under this title, and transitional medical benefits provided under this section shall be provided to those who qualify for grant assistance or transitional benefits.
(8)"
Renumber the remaining subsection consecutively.
POINT OF INQUIRY
Senator Anderson: "Senator Pelz, I was just trying to link this into the bill that we are discussing. What is the fiscal note on this particular provision?"
Senator Pelz: "Well, that is fairly perspective. Currently, this is covered by the federal medicaid arrangement. What this is saying is that if Medicaid is block granted, if it is the state's discretion on the block grant and there is no string on the block grant in regards to whether AFDC families would be covered by Medicaid, then hypothetically this would have a fiscal implication in the future and I couldn't tell you what it is. I guess it is the difference between covering families and not covering them. We could save all that money that we currently spend on providing health care to families on AFDC. That is the amount of money we could save, so I guess that is the fiscal note, Senator Anderson."
Senator Anderson: "Senator Pelz, let me ask it in a different way. How much money does the state currently receive for medical assistance for AFDC recipients?"
Senator Pelz: "I don't know; somewhere around a lot."
Further debate ensued.
MOTION
At 11:40 a.m., on motion of Senator Loveland, the Senate was declared to be at ease.
The Senate was called to order at 11:59 a.m. by President Pritchard.
There being no objection, the Senate resumed consideration of Third Substitute Senate Bill No. 6062 and the pending amendment by Senator Pelz on page 17, line 4, under consideration before the Senate went at ease.
Senator Newhouse demanded a roll call and the demand was sustained.
Further debate ensued.
POINT OF INQUIRY
Senator Sutherland: "Senator Pelz, as I try to understand this, the amendment, as I understand it, would say that once the state of Washington determines who may receive welfare benefits in this state under a federal block grant program, that concurrent with that decision those persons would also receive health care in the state of Washington?"
Senator Pelz: "The people who are eligible for AFDC would receive health care and my understanding is that if welfare were block granted to the state, the state would have to define eligibility for AFDC at a later date."
Senator Sutherland: "So, the question in part--help me with this--the question in part is, we either make the determination now that people receiving welfare benefits will also receive health care benefits or we wait and make that decision down the road sometime?"
Senator Pelz: "We could make that decision now or we could make that decision later."
Senator Sutherland: "Okay, thank you."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Pelz on page 17, line 4, to Third Substitute Senate Bill No. 6062.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Pelz on page 17, line 4, to Third Substitute Senate Bill No. 6062 and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 24.
Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.
MOTIONS
On motion of Senator Quigley, the following amendment was adopted:
On page 17, after line 9, insert the following:
"NEW SECTION. Sec. 402. The time limits on public assistance in section 401 of this act and the general requirements to participate in job search and training in section 201 of this act do not apply in situations where there is no parent residing in the child's home and the child is residing with a relative of specified degree."
Senator Hochstatter moved that the following amendment be adopted:
On page 17, after line 9, insert the following:
"NEW SECTION. Sec. 402. A new section is added to chapter 74.12 RCW to read as follows:
The monthly benefit payment paid to a recipient shall not be increased as a result of the recipient's becoming the biological parent of any additional child or children born more than three hundred days after the day on which the recipient first applied for assistance under this chapter. Recipients receiving assistance under this chapter on the effective date of this section shall, for purposes of this section, be considered to have first applied for assistance on the effective date of this section."
Debate ensued.
Senator Newhouse demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Hochstatter on page 17, after line 9, to Third Substitute Senate Bill No. 6062.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Hochstatter on page 17, after line 9, to Third Substitute Senate Bill No. 6062 and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 23.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 26.
MOTION
Senator Wood moved that the following amendment be adopted:
On page 17, after line 9, insert the following:
"NEW SECTION. Sec. 402. A new section is added to chapter 74.12 RCW to read as follows:
(1) Under the authority to establish ratable reductions and grant maximums pursuant to RCW 74.04.770, the department shall, by rule, increase the current ratable reduction for all recipients of aid to families with dependent children. The ratable reduction shall result in a nine percent reduction in the monthly payment standards under the aid to families with dependent children program. The increased ratable reduction shall be in addition to any ratable reduction caused by annual adjustments to consolidated standards of need.
(2) All funds generated by the increased ratable reduction shall be used by the department to provide recipients of aid to families with dependent children with work and training-related services and child care services required under this chapter and chapter 74.25 RCW."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Wood on page 17, after line 9, to Third Substitute Senate Bill No. 6062.
The motion by Senator Wood failed and the amendment was not adopted.
MOTION
Senator Quigley moved that the following amendments be considered simultaneously and be adopted:
On page 17, line 21, after "arrears." insert "In addition, the legislature finds that disputes over child visitation comprises an often-cited reason why child support is unpaid. It is the intent of the legislature to include custodial parents who deny visitation as persons subject to license suspension."
On page 18, line 23, after "industry." insert the following:
"(e) "Noncomplying custodial parent" means a parent who has custody of the children in a family where the court has ordered visitation rights for the noncustodial parent, and the custodial parent has not complied with the visitation order."
On page 18, line 23, after "industry." insert the following:
"(e) "Noncompliance with a visitation order" means the documented failure of a custodial parent to follow the terms of a court-ordered visitation plan."
On page 18, line 24, after "(2)" insert "Upon notice and motion, a noncustodial parent who has a court-ordered child visitation plan may seek judicial suspension of the driver's business, occupational, or professional licenses cited in sections 510 through 538 of this act, where the licensee is a noncomplying custodial parent.
(3)"
On page 18, at the beginning of line 33, strike "(3)" and insert "(4)"
On page 20, at the beginning of line 16, strike "(4)" and insert "(5)"
On page 20, line 17, after "subsection" strike "(2)" and insert "(3)"
On page 20, at the beginning of line 27, strike "(5)" and insert "(6)"
On page 20, at the beginning of line 31, strike "(6)" and insert "(7)"
On page 21, at the beginning of line 5, strike "(7)" and insert "(8)"
On page 21, at the beginning of line 11, strike "(8)" and insert "(9)"
On page 21, line 16, after "subsection" strike "(2)" and insert "(3)"
On page 21, at the beginning of line 30, strike "(9)" and insert "(10)"
On page 21, line 31, after "subsection" strike "(8)" and insert "(9)"
On page 21, at the beginning of line 36, strike "(10)" and insert "(11)"
On page 21, line 37, after "subsection" strike "(2)" and insert "(3)"
On page 22, at the beginning of line 3, strike "(11)" and insert "(12)"
On page 22, at the beginning of line 5, strike "(12)" and insert "(13)"
On page 22, at the beginning of line 21, strike "(13)" and insert "(14)"
On page 22, line 25, after "subsection" strike "(10)" and insert "(11)"
Debate ensued.
POINT OF INQUIRY
Senator Wojahn: "Senator Hargrove, how does a person get their license back? There are no standards in this bill; there are no standards in the amendment. How do they get the license back if they have to go into court?"
Senator Hargrove: "It would be up to the court to decide the circumstances by which it would be taken away and whether visitation was complied with in the future and they would get their driver's license back. So, it would be up to the judge that supervises the case."
Senator Wojahn: "So, it could go on forever if the custodial parent doesn't have the money to go back into court, because it is expensive to go back into court and if she is not getting child support, she can't go back into court. She has no money. How is she going to get the suspension lifted?"
Senator Hargrove: "I think the same circumstance exists for people that pay child support. We have the same court barriers there and I would assume that they could even Pro Se--all these latin terms confuse me--they could represent their own case and if clearly visitation had been given, the driver's license would be returned. That's the best I know."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Quigley on page 17, line 21; page 18, lines 23 (2), 24, and 33; page 20, lines 16, 17, 27 and 31; page 21, lines 5, 11, 16, 30, 31, 36 and 37; and page 22, lines 3, 5, 21 and 25; to Third Substitute Senate Bill No. 6062.
The motion by Senator Quigley carried and the amendments were adopted.
MOTION
Senator Schow moved that the following amendment by Senators Schow, Swecker and Zarelli be adopted:
On page 17, beginning on line 12, strike all of sections 501 through 540 on page 45, and insert the following:
"Sec. 501. RCW 7.21.030 and 1989 c 373 s 3 are each amended to read as follows:
(1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:
(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.
(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.
(c) An order designed to ensure compliance with a prior order of the court.
(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.
(e) An order suspending a driver's license for willful noncompliance with a child support order.
(3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Wojahn demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Schow, Swecker and Zarelli on page 17, beginning on line 12, to Third Substitute Senate Bill No. 6062.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senators Schow, Swecker and Zarelli on page 17, beginning on line 12, to Third Substitute Senate Bill No. 6062 and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 21.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, McCaslin, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 28.
MOTION
Senator Deccio moved that the following amendments be considered simultaneously and be adopted:
Beginning on page 23, line 24, strike all of section 504
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 46, after line 33, insert the following:
"Sec. 543. RCW 26.16.205 and 1990 1st ex.s. c 2 s 13 are each amended to read as follows:
The expenses of the family and the education of the children, including stepchildren and any child of whom their minor child is a biological parent, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren or children of the stepchildren. The obligation to support stepchildren and children of stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death. The obligation of a husband and wife to support a child of their minor child terminates when their minor child reaches eighteen years of age, however, a stepparent's support obligation may be terminated earlier as provided for in this section.
Sec. 544. RCW 74.20A.020 and 1990 1st ex.s. c 2 s 15 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter and chapter 74.20 RCW shall have the following meanings:
(1) "Department" means the state department of social and health services.
(2) "Secretary" means the secretary of the department of social and health services, his designee or authorized representative.
(3) "Dependent child" means any person:
(a) Under the age of eighteen who is not self-supporting, married, or a member of the armed forces of the United States; or
(b) Over the age of eighteen for whom a court order for support exists.
(4) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance, including medical expenses, of a dependent child or other person as required by statutes and the common law of this or another state.
(5) "Child support order" means a superior court order or an administrative order.
(6) "Superior court order" means any judgment, decree, or order of the superior court of the state of Washington, or a court of comparable jurisdiction of another state, establishing the existence of a support obligation and ordering payment of a set or determinable amount of support moneys to satisfy the support obligation. For purposes of RCW 74.20A.055, orders for support which were entered under the uniform reciprocal enforcement of support act by a state where the responsible parent no longer resides shall not preclude the department from establishing an amount to be paid as current and future support.
(((6))) (7) "Administrative order" means any determination, finding, decree, or order for support pursuant to RCW 74.20A.055, or by an agency of another state pursuant to a substantially similar administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support moneys to satisfy the support obligation.
(((7))) (8) "Responsible parent" means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics and includes the parent of an unmarried minor with a child.
(((8))) (9) "Stepparent" means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.
(((9))) (10) "Support moneys" means any moneys or in-kind providings paid to satisfy a support obligation whether denominated as child support, spouse support, alimony, maintenance, or any other such moneys intended to satisfy an obligation for support of any person or satisfaction in whole or in part of arrears or delinquency on such an obligation.
(((10))) (11) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.
(((11))) (12) "State" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
NEW SECTION. Sec. 545. A new section is added to chapter 74.12 RCW to read as follows:
The parents of an unmarried minor who has a child are responsible for the support of the minor and child. The unmarried minor and the minor's child shall be considered to be part of the household of the minor's parents or parent for purposes of determining eligibility for aid to families with dependent children; and as such, the income and resources of the entire household are considered to be available to support the unmarried minor and his or her child.
Sec. 546. RCW 13.34.160 and 1993 c 358 s 2 are each amended to read as follows:
(1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.
(2) For purposes of this section, if a dependent child's parent is an unmarried minor, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Deccio on page 23, line 24 and page 46, after line 33, to Third Substitute Senate Bill No. 6062.
The motion by Senator Deccio carried and the amendments were adopted.
MOTION
Senator Cantu moved that the following amendments by Senators Cantu and Wood be considered simultaneously and be adopted:
On page 47, line 5, after "as" strike "an AFDC-related group home or"
On page 47, beginning on line 16, after "day-care" strike "or an AFDC-related group home"
On page 47, line 18, after "the" strike "AFDC-related group home or"
On page 47, line 23, after "provider" strike "or AFDC-related group home"
On page 47, at the beginning of line 27, strike "an AFDC-related group home or"
On page 47, beginning on line 32, after "provider"" strike all material through "limited." on line 33 and insert "is as defined in RCW 74.15.020."
On page 48, line 3, after "facility" strike "or as an AFDC-related group home"
On page 48, line 14, after "day-care" strike "or an AFDC-related group home"
On page 48, at the beginning of line 21, strike "AFDC-related group home or"
On page 48, line 26, after "home" strike "or AFDC-related group home"
On page 48, beginning on line 30, after "provider"" strike all material through "each" on line 31 and insert "is"
Beginning on page 48, line 32, strike all of sections 545, 546, and 547
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 53, line 36, after "home" strike "or AFDC-related group home"
On page 54, line 4, after "facility" strike ", or as an AFDC-related group home"
On page 54, beginning on line 6, after "home" strike "or an AFDC-related group home"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Cantu and Wood on page 47, lines 5, 16, 18, 23, 27 and 32; page 48, lines 3, 14, 21, 26, 30 and 32; page 53, line 36; and page 54, lines 4 and 6; to Third Substitute Senate Bill No. 6062.
The motion by Senator Cantu carried and the amendments were adopted.
MOTION
Senator Moyer moved that the following amendment by Senators Moyer and McDonald be adopted:
On page 55, after line 10, insert the following:
"NEW SECTION. Sec. 701. A new section is added to chapter 74.13 RCW to read as follows:
(1) The department shall operate an employment child care program for low-income working parents who are not receiving aid to families with dependent children.
(2) Families with gross income at or below thirty-eight percent of state median income adjusted for family size are eligible for employment child care subsidies with a minimum copayment. Families with gross income above thirty-eight percent and at or below fifty-two percent of the state median income adjusted for family size are eligible for an employment child care subsidy with a calculated copayment.
(3) The department shall provide a priority for recent recipients of aid to families with dependent children who are within twelve weeks of losing their transitional child care benefits.
(4) The department shall provide employment child care subsidies for families meeting eligibility standards under this section, within funds appropriated by the legislature for this purpose."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Moyer and McDonald on page 55, after line 10, to Third Substitute Senate Bill No. 6062.
The motion by Senator Moyer carried and the amendment was adopted.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 55, after line 10, insert the following:
"Sec. 701. RCW 74.08.025 and 1981 1st ex.s. c 6 s 9 are each amended to read as follows:
Public assistance ((shall)) may be awarded to any applicant:
(1) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and
(2) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and
(3) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.
Sec. 702. RCW 74.08.340 and 1959 c 26 s 74.08.340 are each amended to read as follows:
All assistance granted under this title shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may hereafter be enacted, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by such amending or repealing act. There is no entitlement to public assistance. Public assistance shall be considered solely as a charitable gesture or gift on the part of the state, which at any time may be discontinued.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
Senator Newhouse demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Hochstatter on page 55, after line 10, to Third Substitute Senate Bill No. 6062.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Hochstatter on page 55, after line 10, to Third Substitute Senate Bill No. 6062 and the amendment was adopted by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.
Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 24.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to establish as a state goal the delivery of transitional public assistance. The goal should commit the state to supporting eligible families seeking state financial assistance in times of financial need on a temporary time-limited basis. Furthermore, the state should help eligible families solve their problems through relationships rather than through increased use of taxpayers money.
In addition, it is the intent of this act to encourage the development of positive relationships among people on public assistance, to stabilize family life, improve the health and well-being of women, men, and children, and increase the likelihood of marriage.
It is the intent of the state of Washington to provide temporary transition public assistance to families with children who are experiencing financial hardship. This financial aid is time-limited and intended to provide financial support while a family finds stable work. The legislature finds that a time limitation on public assistance coupled with an immediate but gradual reduction in grant amounts is more beneficial to establishing self-sufficiency than are other public assistance programs.
Single parents raising children are more likely to be living in poverty than two-parent families. Common sense tells us that when single women and children live communally with other women their ability to reduce their dependency on public assistance and improve the health and safety of their children is increased. Requiring recipients to live with other recipients of the same gender on public assistance will reduce the state's expenditures for child care by enabling them to share child care responsibilities and to share living expenses. Single parents raising children alone on public assistance is expensive and difficult. Child care costs are high and parents are isolated from the support of other adults. In hard financial times common sense tells us that people make sacrifices for their children and the state has a responsibility to establish a system of transitional services that places the greatest responsibility for self-sufficiency on the parents of children in need.
To further this goal, when an individual seeks temporary financial aid from the state it is in the individual's best interest and the best interest of the individual's children to make choices regarding their living situation. The state must provide the opportunity for parents to make the best use of the taxpayers' money that is provided to them by the working citizens of this state. Furthermore, it is in the best interest of children living on public assistance to be cared for by people who are selected by their parents.
A family that shares living expenses such as rent, heating, electricity, phone, and water will have greater discretion in the use of its combined benefits, yielding more money for other needs of children. In addition, it is more economical to live as a group than to live as an individual, which is known to all married couples. Therefore, as a requirement to receive a larger financial grant from the state, a recipient must make a choice to either live communally with other recipients of the same gender in housing of his or her choice or to receive a reduced financial grant.
It is the intent of the legislature that the aid to families with dependent children program encourage marriage. The legislature finds that ninety-five and two-tenths of one percent of Washington parents expressed the belief that divorce is harmful to children.
NEW SECTION. Sec. 2. A family or assistance unit is not eligible to participate in the shared housing arrangement provided for in section 3 of this act if the recipient is a minor. When a recipient who is a minor reaches the age of eighteen, the recipient must comply with section 4 of this act.
NEW SECTION. Sec. 3. A recipient under eighteen years of age, unmarried, and either pregnant or having a dependent child or children in the recipient's care is eligible for a grant equal to fifty percent of the payment standard based on family size.
NEW SECTION. Sec. 4. SHARED HOUSING ARRANGEMENT. (1) A family or assistance unit is not eligible for a full welfare grant in any month if for that month the family or assistance unit cannot prove to the department that it is complying with the shared housing arrangement requirements under this section.
(2) Within the first ninety days after eligibility is determined, an unmarried recipient of aid to families with dependent children must show proof as determined by department rule that he or she is living with another public assistance recipient of the same gender. If the recipient proves that he or she is participating in the shared housing arrangement the recipient is eligible for the full public assistance grant for up to an additional six months. Each quarter thereafter, the financial grant for the assistance unit shall be reduced by twenty-five percent until a total of twenty-seven months has passed, at which time the recipient is no longer eligible for public assistance for two hundred thirteen months. This reduction may be replaced with income earned in gainful employment. Recipients may retain seventy-five cents of every dollar they earn while working in gainful employment while receiving reduced public assistance under this chapter up to the latest officially published federal poverty level for a family of identical size.
(3) The department shall provide individuals choosing to participate in the shared housing arrangement with a preprinted post card on which to list their name, address, phone number, and ages of children of the recipient. The department shall also provide a one-sheet public information guide as a public service to help recipients in interviewing other recipients for a shared housing arrangement. The public information guide shall provide questions that will help recipients in developing successful, long-term, mutually beneficial relationships in a shared housing arrangement, but shall not place the state in the position of any responsibility for approving or disapproving any shared housing arrangement relationship.
(4) If after ninety days a recipient has not declared that he or she wishes to participate in a shared housing arrangement, the recipient is eligible for fifty percent of the financial benefits for which he or she is eligible beginning on the following month and for up to an additional twelve months of eligibility, at which point his or her grant shall be reduced each quarter by twenty-five percent for the remaining twelve months of eligibility, at which time the recipient is ineligible for public assistance for two hundred thirteen months. This reduction may be replaced with income earned in gainful employment. Recipients may retain seventy-five cents of every dollar they earn while working in gainful employment while receiving reduced public assistance under this chapter up to the latest officially published federal poverty level for a family of identical size. In any month that the recipient can show proof that he or she is living in an approved shared living arrangement, the recipient is eligible for the full grant that he or she will receive on the first day of the following month.
(5) If a recipient moves out of a shared housing arrangement and makes the remaining members of the shared housing arrangement ineligible for the full grant, the remaining recipient has sixty days to locate another recipient of the same gender to create a shared housing arrangement to continue in order to participate in the benefits of the shared housing arrangement.
(6) Unless the context clearly requires otherwise, as used in sections 2 through 9 of this act, "shared housing arrangement" means the living situation where an eligible unmarried recipient, as part of the requirements of eligibility for aid to families with dependent children grants, lives with other recipients of public assistance of the same gender in order to receive a full public assistance grant.
NEW SECTION. Sec. 5. ADDITIONAL ELIGIBILITY REQUIREMENTS--SHARED HOUSING ARRANGEMENT--PARTIAL GRANT. (1) Proof that a recipient of public assistance under chapter 74.08 RCW is living in a shared housing arrangement with another recipient of public assistance eligible to receive assistance under chapter 74.08 RCW may be established as provided by the rules of the department.
(2) A recipient who willfully makes a false statement as to his or her living situation is guilty of an unlawful practice under RCW 74.08.331.
NEW SECTION. Sec. 6. DURATION OF ELIGIBILITY. Recipients of public assistance are eligible for a total of twenty-seven months of public assistance in a lifetime, except that an individual may receive an additional twenty-seven months of public assistance after two hundred forty months have elapsed from the first day of the initial period of eligibility. The additional twenty-seven months public assistance benefit authorized in this section is subject to the identical grant reductions and shared housing requirements in section 4 of this act.
NEW SECTION. Sec. 7. RESUMPTION OF ELIGIBILITY. If a public assistance recipient terminates eligibility for public assistance for any reason other than welfare fraud before the recipient's twenty-seven months are completed, the recipient may reapply and if found eligible may receive a financial grant for an amount equal to the amount of the grant received in the last month in which the recipient was previously eligible, subject to statutory reductions until a total of twenty-seven monthly payments have been received.
If the recipient has received a lump sum payment under section 8 of this act, four months shall be added to the actual number of months the recipient has received public assistance, and this number shall be used in determining eligibility under this section for a financial grant from the transitional public assistance program.
NEW SECTION. Sec. 8. EFFECT OF MARRIAGE. If a recipient of public assistance marries, ends eligibility for public assistance, and lives with and remains married to his or her spouse as a legally married couple for twelve months, the recipient shall receive a lump sum check at that time from the state for the sum of the monthly financial benefits for the subsequent four months he or she would have received immediately following the marriage had he or she remained on public assistance.
If the recipient receives a lump sum payment under this section, four months shall be added to determine the number of months for which the recipient received public assistance, as provided in section 7 of this act.
NEW SECTION. Sec. 9. NONCITIZENS. (1) It is the intent of the legislature that new immigrants to Washington state provide for themselves and their families. It is the intent of the legislature to limit access to certain public assistance benefits by noncitizens.
(2) Noncitizens are not eligible for financial grants; medical assistance; food stamps; or nutrition services including school lunches, breakfasts, child care nutrition programs, and women, infant, and children's nutrition programs.
Sec. 10. RCW 74.12.340 and 1973 1st ex.s. c 154 s 111 are each amended to read as follows:
The department ((is authorized to promulgate)) may adopt rules ((and regulations)) governing the provision of day care as a part of child welfare services when the secretary determines that a need exists for such day care and that it is in the best interests of the child, the parents, or the custodial parent and in determining the need for such day care priority shall be given to geographical areas having the greatest need for such care and to members of low income groups in the population: PROVIDED, That where the family is financially able to pay part or all of the costs of such care, fees shall be imposed and paid according to the financial ability of the family. Recipients participating in a shared housing arrangement under section 5 of this act are not eligible for state or federally funded child care.
Sec. 11. RCW 74.15.020 and 1995 c 311 s 18 and 1995 c 302 s 3 are each reenacted and amended to read as follows:
For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:
(1) "Department" means the state department of social and health services;
(2) "Secretary" means the secretary of social and health services;
(3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:
(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;
(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;
(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;
(d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;
(e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;
(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;
(g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.
(4) "Agency" shall not include the following:
(a) Persons related to the child, expectant mother, or person with developmental disabilities in the following ways:
(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
(iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (4)(a), even after the marriage is terminated; or
(v) "Extended family members," as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;
(d) Parents on a mutually cooperative basis exchange care of one another's children;
(e) Parents who are recipients of public assistance living in a shared living arrangement under section 4 of this act who care for each others' children;
(f) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;
(((f))) (g) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;
(((g))) (h) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;
(((h))) (i) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
(((i))) (j) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;
(((j))) (k) Licensed physicians or lawyers;
(((k))) (l) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;
(((l))) (m) Facilities approved and certified under chapter 71A.22 RCW;
(((m))) (n) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;
(((n))) (o) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;
(((o))) (p) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;
(((p))) (q) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.
(5) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.
(6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.
NEW SECTION. Sec. 12. RCW 74.12.420 and 1994 c 299 s 9 are each repealed.
NEW SECTION. Sec. 13. Captions used in sections 4 through 9 of this act do not constitute any part of the law.
NEW SECTION. Sec. 14. Sections 2 through 9 of this act are each added to chapter 74.12 RCW."
POINT OF INQUIRY
Senator Quigley: "Senator Hochstatter, do I have this right that this strikes the entire welfare reform proposal currently before the Senate--and replaces it?"
Senator Hochstatter: "Senator Quigley, I would hope so."
Senator Quigley: "Okay. Does it require work or is it silent on the subject?"
Senator Hochstatter: "I don't want to require work for anybody. I think that your tummy will do that, as yours and mine is probably doing right now. It says, 'No, you just move together, you just move together, but know this, there is a ramp on the benefits,' so this will end. So, if you can live that way without requiring work, go for it. I am just saying that the rest of us have to work and knowing that the benefits will end, just like unemployment insurance, they will have to take that incentive."
Senator Quigley: "I see, and how does it treat teens?"
Senator Hochstatter: "Pardon me?"
Senator Quigley: "How does it treat teens?"
Senator Hochstatter: "Teens, there is no grant for under eighteen. You can get the half of grant--you can get the half grant--but you cannot enter into the shared living arrangement. You get half of your grant, you stay with your family, where you have been in the past and you get half the grant for the child."
Senator Quigley: "Does it have any mandates to provide child care or health care?"
Senator Hochstatter: "No, the idea here is--and child care is always a stumbling block--isn't it? What are you going to do with the baby, as though it was your and my baby? This says, 'Hey, the two parents or the two people that have moved together will take care of one and another's kids.'"
Senator Quigley: "And if one of those parents abuses the other parent's child, the state assumes that responsibility, having forced them to move in together?"
Senator Hochstatter: "Senator Quigley, there are all kinds of abuses and this is not world peace. This is saying, 'Here is the opportunity to do something, you pick--you pick--the person that you are going to move in with, but there are no guarantees.'"
Senator Quigley: "Is there a fiscal note on this bill?"
Senator Hochstatter: "No fiscal note."
Senator Quigley: "Hearings? Were there hearings on this bill?"
Senator Hochstatter: "No, this is an amendment hearing."
Senator Quigley: "Is there any other state in the union that has adopted a bill like this, as their welfare reform proposal?"
Senator Hochstatter: "Senator Quigley, I rose saying this is something revolutionary and as old as history. No, there hasn't been."
Senator Quigley: "Okay, thank you very much, Senator."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Hochstatter to Third Substitute Senate Bill No. 6062.
The motion by Senator Hochstatter failed and the amendment was not adopted.
MOTION
On motion of Senator Quigley, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "74.25.020," strike "74.20A.020,"
On page 1, line 4 of the title, after "43.70.115," insert "26.16.205, 74.20A.020, 13.34.160,"
On page 1, beginning on line 4 of the title, after "43.70.115," strike all material through "74.15.020" on line 5 and insert "and 36.70A.450"
On page 1, line 5 of the title, after "35.63.185," strike all material through "35A.63.215" and insert "35A.63.215, 74.08.025, and 74.08.340"
On page 2, line 2 of the title, after "44.28 RCW;" insert "adding a new section to chapter 74.13 RCW;"
MOTION
Senator Quigley moved that the rules be suspended and Engrossed Third Substitute Senate Bill No. 6062 be advanced to third reading, the second reading considered the third and the bill be placed on final passage.
Senator Sellar requested time for a caucus.
MOTION
At 1:31 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 1:47 p.m. by President Pritchard.
There being no objection, the Senate resumed consideration of Engrossed Third Substitute Senate Bill No. 6062 and the pending motion by Senator Quigley to suspend the rules and advance the bill to third reading and final passage.
The President declared the question before the Senate to be the motion by Senator Quigley to suspend the rules and advance Engrossed Third Substitute Senate Bill No. 6062 to third reading and final passage.
The motion by Senator Quigley carried and Engrossed Third Substitute Senate Bill No. 6062 was advanced to third reading and final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Third Substitute Senate Bill No. 6062.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Third Substitute Senate Bill No. 6062 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Moyer, Owen, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 28.
Voting nay: Senators Anderson, A., Cantu, Finkbeiner, Hale, Hochstatter, Johnson, McCaslin, McDonald, Morton, Newhouse, Oke, Pelz, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 21.
ENGROSSED THIRD SUBSTITUTE SENATE BILL NO. 6062, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 1:58 p.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Tuesday, January 23, 1996.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate