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FIFTY-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 28, 1996
The Senate was called to order at 11:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Fairley, Hargrove, Haugen, Long, Loveland, McCaslin, Moyer, Pelz, Quigley, Rinehart, Strannigan, West, Wojahn, Wood and Zarelli. On motion of Senator Thibaudeau, Senators Fairley, Hargrove, Haugen, Loveland, Pelz, Rinehart and Wojahn were excused. On motion of Senator Anderson, Senators Long, McCaslin, Moyer, Strannigan, Wood and Zarelli were excused.
The Sergeant at Arms Color Guard, consisting of Pages Lisa Hawkins and Nathan Sherwood, presented the Colors. Elder James Erlandson of the Reorganized Church of Jesus Christ of Latter-Day Saints of Olympia, 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.
MESSAGES FROM THE HOUSE
February 26, 1996
MR. PRESIDENT:
The House passed:
SUBSTITUTE SENATE BILL NO. 5050,
SUBSTITUTE SENATE BILL NO. 5522,
SECOND SUBSTITUTE SENATE BILL NO. 5757,
SUBSTITUTE SENATE BILL NO. 6113,
SENATE BILL NO. 6167,
SENATE BILL NO. 6181,
SENATE BILL NO. 6216,
SUBSTITUTE SENATE BILL NO. 6237,
SUBSTITUTE SENATE BILL NO. 6263,
SUBSTITUTE SENATE BILL NO. 6271,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6398,
SENATE BILL NO. 6414,
SENATE BILL NO. 6467,
SUBSTITUTE SENATE BILL NO. 6487,
SENATE BILL NO. 6489, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 27, 1996
MR. PRESIDENT:
The House passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2910, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 27, 1996
MR. PRESIDENT:
The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6554, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 27, 1996
MR. PRESIDENT:
The House passed:
SUBSTITUTE SENATE BILL NO. 5140,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5605,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6093,
SUBSTITUTE SENATE BILL NO. 6101,
SENATE BILL NO. 6115,
SUBSTITUTE SENATE BILL NO. 6150,
SUBSTITUTE SENATE BILL NO. 6579,
ENGROSSED SENATE BILL NO. 6631,
SENATE JOINT MEMORIAL NO. 8023, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5140,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5605,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6093,
SUBSTITUTE SENATE BILL NO. 6101,
SENATE BILL NO. 6115,
SUBSTITUTE SENATE BILL NO. 6150,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6554,
SUBSTITUTE SENATE BILL NO. 6579,
ENGROSSED SENATE BILL NO. 6631,
SENATE JOINT MEMORIAL NO. 8023.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5050,
SUBSTITUTE SENATE BILL NO. 5522,
SECOND SUBSTITUTE SENATE BILL NO. 5757,
SUBSTITUTE SENATE BILL NO. 6113,
SENATE BILL NO. 6167,
SENATE BILL NO. 6181,
SENATE BILL NO. 6216,
SUBSTITUTE SENATE BILL NO. 6237,
SUBSTITUTE SENATE BILL NO. 6263,
SUBSTITUTE SENATE BILL NO. 6271,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6398,
SENATE BILL NO. 6414,
SENATE BILL NO. 6467,
SUBSTITUTE SENATE BILL NO. 6487,
SENATE BILL NO. 6489.
INTRODUCTION AND FIRST READING OF HOUSE BILL
ESHB 2910 by House Committee on Education (originally sponsored by Representatives B. Thomas, Foreman, Talcott, Cairnes, Robertson, L. Thomas, Horn, Johnson, Cooke, Kessler, Huff, D. Sommers, Basich, Campbell, Smith, Quall and Carlson)
Authorizing charter schools.
Referred to Committee on Education.
MOTION
On motion of Senator Spanel, the rules were suspended and House Joint Memorial No. 4043, which was held on the desk February 26, 1996, was advanced to second reading and placed on the second reading calendar.
There being no objection, the President reverted the Senate to the first order of business.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
February 28, 1996
GA 9262 SENATOR HARRIET A. SPANEL, reappointed January 31, 1996, for a term ending June 12, 1999, as a member of the Pacific Marine Fisheries Commission.
Reported by Committee on Natural Resources
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Drew, Chair; Spanel, Vice Chair; Anderson, Hargrove, Haugen, Morton, Snyder and Swecker.
Passed to Committee on Rules.
February 28, 1996
GA 9263 SENATOR DEAN SUTHERLAND, reappointed January 31, 1996, for a term ending June 12, 1999, as a member of the Pacific Marine Fisheries Commission.
Reported by Committee on Natural Resources
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Drew, Chair; Spanel, Vice Chair; Anderson, Hargrove, Haugen, Morton, Snyder and Swecker.
Passed to Committee on Rules.
There being no objection, the President advanced the Senate to the eighth order of business.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 1996-8697
WHEREAS, Oscar Berggren is affectionately known to friends, family, and neighbors as "Osky"; and
WHEREAS, Osky Berggren has been of tremendous and outstanding service to his community of Roy for more than forty years; and
WHEREAS, His work on behalf of fire prevention has no doubt saved the lives of many people and millions of dollars worth of property over the years; and
WHEREAS, Without his hard work and commitment to the public health and safety, many of his neighbors would have lost their lives, their homes, and other property to fire; and
WHEREAS, His efforts to bring fire protection to his community began in 1951 with the loss of his own family's home to fire; and
WHEREAS, That loss only steeled his commitment to bring his neighbors together in true community spirit to form the Roy Fire District; and
WHEREAS, Osky Berggren served as Fire District Commissioner for more than forty years, from the district's inception in 1953, to January, 1996; and
WHEREAS, The Fire District today has four stations, and is in the process of building a new replacement station at Hart's Lake and enlarging the station at Lacamas; and
WHEREAS, Mr. Berggren's work on behalf of his community extends beyond fire protection to his service as a member of the Roy Grange #702; and
WHEREAS, As an active Granger, he was instrumental in the introduction and passage of several bills in the Legislature affecting elections and taxation, including the 106% tax lid; and
WHEREAS, His other community activities have included two terms of service on the HUD Citizens Advisory Board, petitioning the HUD Block Grant committee for a grant to build the McKenna Fire Station, helping to arrange the grant for the City of Roy water system, ten years service on the Pierce County Weed Board, and several years service to Drainage District #10; and
WHEREAS, In addition to all his public service, Osky Berggren has shown himself in private life to be a truly good friend and neighbor to the people of his community;
WHEREAS, Through his service to his community at the Legislature over the years, Osky Berggren has become a friend to lawmakers from all corners of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Senate of the state of Washington do hereby recognize and honor Mr. Oscar Berggren for his innumerable contributions to his community and our state, and his outstanding example of citizenship and concern for the common good, and that we urge all citizens of Washington to join with us in so honoring and recognizing Mr. Berggren and his contributions to our great state; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Secretary of the Senate to Mr. Oscar Berggren and his family, and to the Roy Fire District.
Senators Rasmussen, Franklin and Goings spoke to Senate Resolution 1996-8697.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Oscar 'Osky' Berggren, his family and friends, who were seated in the gallery.
MOTION
At 11:18 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 1:08 p.m. by President Pritchard.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9247, Lois M. Curtis, as a member of the Puget Sound Water Quality Authority, was confirmed.
APPOINTMENT OF LOIS M. CURTIS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 34; Nays, 0; Absent, 2; Excused, 13.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Johnson, Kohl, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau and Winsley - 34.
Absent: Senators Quigley and West - 2.
Excused: Senators Fairley, Hargrove, Haugen, Long, Loveland, McCaslin, Moyer, Pelz, Rinehart, Strannigan, Wojahn, Wood and Zarelli - 13.
MOTIONS
On motion of Senator Snyder, Senator Quigley was excused.
On motion of Senator Anderson, Senators Finkbeiner and Johnson were excused.
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9213, Alberta J. Canada, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.
APPOINTMENT OF ALBERTA J. CANADA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 0; Absent, 0; Excused, 13.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West and Winsley - 36.
Excused: Senators Fairley, Finkbeiner, Hargrove, Haugen, Johnson, Loveland, McCaslin, Moyer, Quigley, Strannigan, Wojahn, Wood and Zarelli - 13.
MOTION
On motion of Senator Sellar, Senator Roach was excused.
MOTION
On motion of Senator Swecker, Gubernatorial Appointment No. 9259, Judy Guenther, as a member of the Board of Trustees for Centralia Community College District No. 12, was confirmed.
APPOINTMENT OF JUDY GUENTHER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 0; Absent, 0; Excused, 13.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Kohl, Long, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley and Wojahn - 36.
Excused: Senators Fairley, Finkbeiner, Hargrove, Haugen, Johnson, Loveland, McCaslin, Moyer, Quigley, Roach, Strannigan, Wood and Zarelli - 13.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637, by House Committee on Higher Education (originally sponsored by Representatives D. Sommers, Sheahan, Jacobsen, Dellwo, Schoesler, Carlson and Grant) (by request of Joint Center for Higher Education)
Changing provisions relating to the joint center for higher education.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Engrossed Substitute House Bill No. 2637 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2637.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2637 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley and Wojahn - 39.
Excused: Senators Fairley, Finkbeiner, Johnson, Loveland, McCaslin, Roach, Schow, Strannigan, Wood and Zarelli - 10.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2592, by House Committee on Finance (originally sponsored by Representatives B. Thomas, Morris and Boldt) (by request of Department of Revenue)
Providing consistency to penalty and interest administration of the department of revenue.
The bill was read the second time.
MOTIONS
On motion of Senator Drew, the following amendment by Senators Rinehart and West was adopted:
On page 2, line 10, after "interest" insert "on the tax only"
On motion of Senator Drew, the rules were suspended, Engrossed Substitute House Bill No. 2592, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2592, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2592, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley and Wojahn - 44.
Excused: Senators Loveland, McCaslin, Strannigan, Wood and Zarelli - 5.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2592, as amended by the Senate, 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.
SECOND READING
HOUSE BILL NO. 2591, by Representatives Dickerson, Hymes and B. Thomas (by request of Department of Revenue)
Revising tax provisions that are obsolete or incorrect.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 2591 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2591.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2591 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.
Absent: Senator Fairley - 1.
Excused: Senators Loveland, McCaslin and Strannigan - 3.
HOUSE BILL NO. 2591, 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.
SECOND READING
HOUSE BILL NO. 2589, by Representatives B. Thomas, Dickerson and Boldt (by request of Department of Revenue)
Regulating unclaimed property procedures.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 2589 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2589.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2589 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.
Absent: Senator Deccio - 1.
Excused: Senators Loveland and McCaslin - 2.
HOUSE BILL NO. 2589, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1231, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Rust, Chandler, Valle, Cole, Mastin and Chopp)
Promoting the recycled content of products and buildings.
The bill was read the second time.
MOTIONS
On motion of Senator Fairley, the following Committee on Ecology and Parks amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.19A.020 and 1995 c 269 s 1406 are each amended to read as follows:
(1) ((The director shall adopt standards specifying the minimum content of recycled materials in products or product categories. The standards shall:
(a) Be consistent with the USEPA product standards)) The USEPA product standards, as now or hereafter amended, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in (a) and (b) of this subsection by the dates indicated, unless the director finds that a different standard would significantly increase recycled product availability or competition((;
(b) Consider the standards of other states, to encourage consistency of manufacturing standards;
(c) Consider regional product manufacturing capability;
(d) Address specific products or classes of products; and
(e) Consider postconsumer waste content and the recyclability of the product.
(2) The director shall consult with the department of ecology prior to adopting the recycled content standards.
(3) The director shall adopt recycled content standards for at least the following products by the dates indicated:)).
(a) By July 1, ((1992)) 1997:
(i) Paper and paper products;
(ii) Organic recovered materials; and
(iii) Latex paint products;
(b) By July 1, ((1993)) 1997:
(i) Products for lower value uses containing recycled plastics;
(ii) Retread and remanufactured tires;
(iii) Lubricating oils;
(iv) Automotive batteries; ((and))
(v) Building insulation;
(vi) Panelboard; and
(vii) Compost products.
(((4))) (2) The standards required by this section shall be applied to recycled product purchasing by the department and other state agencies. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.
Sec. 2. RCW 43.19A.050 and 1991 c 297 s 7 are each amended to read as follows:
The department shall prepare a ((mandatory state plan)) strategy to increase purchases of recycled-content products by the department and all state agencies, including higher education institutions. The ((plan)) strategy shall include purchases from public works contracts. The ((plan)) strategy shall address the purchase of plastic products, retread and remanufactured tires, motor vehicle lubricants, latex paint, and lead acid batteries having recycled content. In addition, the ((plan)) strategy shall incorporate actions to achieve the following purchase level goals of recycled content paper and compost products:
(1) Paper products as a percentage of the total dollar amount purchased on an annual basis:
(a) At least ((forty)) sixty percent by ((1993)) 1996;
(b) At least ((fifty)) seventy percent by ((1994)) 1997;
(c) At least ((sixty)) eighty percent by ((1995)) 1998.
(2) Compost products as a percentage of the total dollar amount on an annual basis:
(a) At least ((twenty-five)) forty percent by ((1993)) 1996;
(b) At least ((forty)) sixty percent by ((1995)) 1997;
(c) At least ((sixty)) eighty percent by ((1997)) 1998.
Sec. 3. RCW 43.78.170 and 1991 c 297 s 10 are each amended to read as follows:
The public printer shall take all actions consistent with the plan under RCW 43.19A.050 to ensure that seventy-five percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, ((1995)) 1997, and ninety percent or more of the total dollar amount of printing paper stock used by the printer is recycled content paper by January 1, 1999.
Sec. 4. RCW 47.28.220 and 1992 c 174 s 14 are each amended to read as follows:
(1) A contract awarded in whole or in part for the purchase of compost products as a soil cover or soil amendment to state highway rights of way shall specify that compost products be purchased in accordance with the following schedule:
(a) For the period July 1, ((1991)) 1996, through June 30, ((1993)) 1997, twenty-five percent of the total dollar amount purchased;
(b) For the period July 1, ((1993)) 1998, through June 30, ((1995)) 1999, fifty percent of the total dollar amount purchased. The percentages in this subsection apply ((only)) to the materials' value((,)) and ((do not)) include services or other materials.
(2) In order to carry out the provisions of this section, the department of transportation shall develop and adopt bid specifications for compost products used in state highway construction projects.
(3)(a) For purposes of this section, "compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials.
(b) For purposes of this section, "biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70.95J RCW.
NEW SECTION. Sec. 5. A new section is added to chapter 39.04 RCW to read as follows:
(1) The state's preferences for the purchase and use of recycled-content products shall be included as a factor in the design and development of state capital improvement projects.
(2) Specifications for materials in state construction projects shall include the use of recycled-content products and recyclable products whenever practicable.
(3) This section does not apply to contracts entered into by a municipality.
NEW SECTION. Sec. 6. A new section is added to chapter 39.04 RCW to read as follows:
Material from demolition projects shall be recycled or reused whenever practicable.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 43.19A.090 and 1991 c 297 s 12; and
(2) RCW 43.19A.100 and 1991 c 297 s 13."
On motion of Senator Fairley, the following title amendment was adopted:
On page 1, line 2 of the title, after "buildings;" strike the remainder of the title and insert "amending RCW 43.19A.020, 43.19A.050, 43.78.170, and 47.28.220; adding new sections to chapter 39.04 RCW; and repealing RCW 43.19A.090 and 43.19A.100."
MOTION
On motion of Senator Fairley, the rules were suspended, Engrossed Substitute House Bill No. 1231, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1231, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1231, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, 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 Loveland and McCaslin - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1231, as amended by the Senate, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2487, by House Committee on Children and Family Services (originally sponsored by Representatives Tokuda, Buck, Veloria, Carrell, Lambert, Mason, Romero, Honeyford, Dickerson, Murray, Boldt, Hymes, Chopp, Sheldon, Costa, Conway, Cooke and Kessler)
Continuing adoption support payments.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2487 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2487.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2487 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE HOUSE BILL NO. 2487, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1704, by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, L. Thomas, Ballasiotes, Kremen, Chappell, Cooke, Goldsmith, Padden, Radcliff, Mulliken, Pennington, McMorris, Smith, Delvin, Hickel, Mastin, Sehlin, Beeksma, Robertson, Cairnes, Koster, Brumsickle, D. Schmidt, Horn, Reams, Campbell, Chandler, Backlund, McMahan and Elliot)
Eliminating registration requirements for sellers of travel.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.138.021 and 1994 c 237 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing or the director's designee.
(3) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers((, including, but not limited to, travel agencies, who sell, provide, furnish contracts for, arrange, or advertise, either directly or indirectly, by any means or method, to arrange or book any travel services including travel reservations or accommodations, tickets for domestic or foreign travel by air, rail, ship, bus, or other medium of transportation or hotel or other lodging accommodation and vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration)) for travel services.
(a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered.
(b) "Seller of travel" does not include:
(i) An air carrier;
(ii) An owner or operator of a vessel, including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company as defined in RCW 84.12.200 whether or not operating over and upon the waters of this state;
(iii) A motor carrier;
(iv) A rail carrier;
(v) A charter party carrier of passengers as defined in RCW 81.70.020;
(vi) An auto transportation company as defined in RCW 81.68.010;
(vii) A hotel or other lodging accommodation;
(viii) An affiliate of any person or entity described in (i) through (vii) of this subsection (3)(b) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (3)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent;
(ix) Direct providers of transportation by air, sea, or ground, or hotel or other lodging accommodations who do not book or arrange any other travel services.
(4) "Travel services" includes transportation by air, sea, or ((rail)) ground ((transportation)), hotel or any lodging accommodations, ((or)) package tours, ((whether offered or sold on a wholesale or retail basis)) or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration.
(5) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services.
(6) "Transacts business with Washington consumers" means to directly offer or sell travel services to Washington consumers, including the placement of advertising in media based in the state of Washington or that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does not constitute "transacting business with Washington consumers." Those entities who only wholesale travel services are not "transacting business with Washington consumers" for the purposes of this chapter.
Sec. 2. RCW 19.138.030 and 1994 c 237 s 10 are each amended to read as follows:
A seller of travel shall not advertise that ((air, sea, or land transportation either separately or in conjunction with other)) any travel services ((is)) are or may be available unless he or she has, prior to the advertisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least two years after the placement of the advertisement.
Sec. 3. RCW 19.138.040 and 1994 c 237 s 11 are each amended to read as follows:
At or prior to the time of full or partial payment for ((air, sea, or land transportation or)) any ((other)) travel services ((offered by the seller of travel in conjunction with the transportation)), the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the ((following)) information contained in subsections (1) through (6) of this section. If the sale of travel services is made over the telephone or by other electronic media and payment is made by credit or debit card, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of the consumer's credit or debit card authorization. The written statement shall contain the following information:
(1) The name and business address and telephone number of the seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.
(3) The registration number of the seller of travel required by this chapter.
(4) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.
(5) The conditions, if any, upon which the contract between the seller of travel and the passenger may be canceled, and the rights and obligations of all parties in the event of cancellation.
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."
Sec. 4. RCW 19.138.100 and 1994 c 237 s 3 are each amended to read as follows:
No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.
(1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Any corporation which issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by such corporation including any wholly owned subsidiary of such corporation are not required to include company registration numbers in advertisements.
(2) The director shall issue duplicate registrations upon payment of a nominal duplicate registration fee to valid registration holders operating more than one office.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
(5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:
(a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and
(b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and deposited directly into the registered seller of travel's trust account as required under this chapter.
Sec. 5. RCW 19.138.110 and 1994 c 237 s 4 are each amended to read as follows:
An application for registration as a seller of travel shall be submitted in the form prescribed by rule by the director, and shall contain but not be limited to the following:
(1) The name, address, and telephone number of the seller of travel;
(2) Proof that the seller of travel holds a valid business license in the state of its principal state of business;
(3) A registration fee in an amount determined under RCW 43.24.086;
(4) The names, ((address)) business addresses, and ((social security)) business phone numbers of all employees, independent contractors, or outside agents who sell travel and are covered by the seller of travel's registration. This subsection shall not apply to the out-of-state employees of a corporation that issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation;
(5) A report prepared and signed by a bank officer, licensed public accountant, or certified public accountant or other report, approved by the director, that verifies that the seller of travel maintains a trust account at a federally insured financial institution located in Washington state, or other approved account ((at a federally insured institution located in the state of Washington)), the location and number of that trust account or other approved account, and verifying that the account ((is maintained and used)) exists as required by RCW 19.138.140. The director, by rule, may permit alternatives to the report that provides for at least the same level of verification.
Sec. 6. RCW 19.138.130 and 1994 c 237 s 6 are each amended to read as follows:
(1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:
(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;
(b) Has been found guilty of a felony within the past five years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;
(c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;
(d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;
(e) Has failed to display the registration as provided in this chapter;
(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public; or
(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising((; or
(h) Has aided or abetted a person, firm, or corporation that they know has not registered in this state in the business of conducting a travel agency or other sale of travel)).
(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.
Sec. 7. RCW 19.138.140 and 1994 c 237 s 8 are each amended to read as follows:
(1) ((Within five business days of receipt,)) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in Washington state, or other account approved by the director, all sums held for more than five business days that are received from a person or entity, for retail travel services offered by the seller of travel((, in a trust account or other approved account maintained in a federally insured financial institution located in Washington state. Exempted are airline sales made)). This subsection does not apply to travel services sold by a seller of travel, when payments for the ((airline tickets)) travel services are made through the airline reporting corporation either by cash or credit or debit card sale.
(2) The trust account or other approved account required by this section shall be established and maintained for the benefit of any person or entity paying money to the seller of travel. The seller of travel shall not in any manner encumber the amounts in trust and shall not withdraw money from the account except the following amounts may be withdrawn at any time:
(a) Partial or full payment for travel services to the entity directly providing the travel service;
(b) Refunds as required by this chapter;
(c) The amount of the sales commission;
(d) Interest earned and credited to the trust account or other approved account; ((or))
(e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided ; or
(f) Reimbursement to the seller of travel for agency operating funds that are advanced for a customer's travel services.
(3) At the time of registration, the seller of travel shall file with the department the account number and the name of the financial institution at which the trust account or other approved account is held as set forth in RCW 19.138.110. The seller of travel shall notify the department of any change in the account number or location within one business day of the change.
(4) The director, by rule, may allow for the use of other types of funds or accounts only if the protection for consumers is no less than that provided by this section.
(5) The seller of travel need not comply with the requirements of this section if all of the following apply, except as exempted in subsection (1) of this section:
(a) The payment is made by credit card;
(b) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the seller of travel has any control; and
(c) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge, or if the charge is only for services, the provider of services processes the credit card charges.
(6) If the seller of travel maintains its principal place of business in another state and maintains a trust account or other approved account in that state consistent with the requirement of this section, and if that seller of travel has transacted business within the state of Washington in an amount exceeding five million dollars for the preceding year, the out-of-state trust account or other approved account may be substituted for the in-state account required under this section.
NEW SECTION. Sec. 8. (1) There is created the joint legislative task force on the sale of travel services. The task force shall consider: Options for improving the implementation of chapter 19.138 RCW; methods of providing reduction in unnecessary regulatory burdens; methods of improving protections for purchasers of travel services; and review of rule making under the directions provided in the statutes relating to sellers of travel services.
(2) The task force shall consist of the following members: Two members of the senate, appointed by the president of the senate, one from the majority and one from the minority caucus; two members of the house of representatives, appointed by the speaker of the house of representatives, one from the majority and one from the minority caucus; a representative from the office of the attorney general; a representative from the department of licensing; and four members of the travel industry. The four members of the travel industry shall be jointly appointed by the president of the senate and the speaker of the house of representatives and shall include: A representative of wholesalers of travel services; a representative of a membership organization that sells travel services; and two retailers of travel services. The retailers of travel services shall represent an economic cross section of the retailers of travel services. Recommendations for appointment of the travel industry representatives may be made by industry representatives.
(3) The task force shall meet not more than three times, as a whole. The task force shall submit any recommendations it makes to the legislature by December 1, 1996. The task force may make recommendations for statutory or administrative changes.
(4) The legislative members shall be reimbursed for travel and expenses under RCW 43.03.050 and 43.03.060.
(5) The task force shall cease to exist on January 1, 1997.
NEW SECTION. Sec. 9. RCW 19.138.055 and 1994 c 237 s 31 are each repealed.
NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 1 of the title, after "travel;" strike the remainder of the title and insert "amending RCW 19.138.021, 19.138.030, 19.138.040, 19.138.100, 19.138.110, 19.138.130, and 19.138.140; creating a new section; repealing RCW 19.138.055; and declaring an emergency."
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute House Bill No. 1704, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1704, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1704, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.
Absent: Senator Quigley - 1.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1704, as amended by the Senate, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2195, by House Committee on Corrections (originally sponsored by Representatives Blanton, Quall, Sheldon and Costa) (by request of Department of Corrections)
Authorizing the department of corrections to intercept, record, and divulge electronically monitored inmate conversations.
The bill was read the second time.
MOTIONS
On motion of Senator Hargrove, the following Committee on Human Services and Corrections amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.73.095 and 1989 c 271 s 210 are each amended to read as follows:
(1) RCW 9.73.030 through 9.73.080 shall not apply to employees of the department of corrections in the following instances: Intercepting, recording, or divulging any telephone calls from an inmate or resident of a state correctional facility; or intercepting, recording, or divulging any monitored nontelephonic conversations in inmate living units, cells, rooms, dormitories, and common spaces where inmates may be present. For the purposes of this section, "state correctional facility" means a facility that is under the control and authority of the department of corrections, and used for the incarceration, treatment, or rehabilitation of convicted felons.
(2) All personal calls made by inmates shall be collect calls only. The calls will be "operator announcement" type calls. The operator shall notify the receiver of the call that the call is coming from a prison inmate, and that it will be recorded and may be monitored.
(3) The department of corrections shall adhere to the following procedures and restrictions when intercepting, recording, or divulging any telephone calls from an inmate or resident of a state correctional facility as provided for by this section. The department shall also adhere to the following procedures and restrictions when intercepting, recording, or divulging any monitored nontelephonic conversations in inmate living units, cells, rooms, dormitories, and common spaces where inmates may be present:
(a) ((Before the implementation of this section, all inmates or residents of a state correctional facility shall be notified in writing that, as of May 7, 1989, their telephone conversations may be intercepted, recorded, and/or divulged.
(b))) Unless otherwise provided for in this section, after intercepting or recording ((a telephone)) any conversation, only the superintendent and his or her designee shall have access to that recording.
(((c))) (b) The contents of ((an)) any intercepted and recorded ((telephone)) conversation shall be divulged only as is necessary to safeguard the orderly operation of the correctional facility, in response to a court order, or in the prosecution or investigation of any crime.
(((d))) (c) All ((telephone)) conversations that are recorded under this section, unless being used in the ongoing investigation or prosecution of a crime, or as is necessary to assure the orderly operation of the correctional facility, shall be destroyed one year after the intercepting and recording.
(4) So as to safeguard the sanctity of the attorney-client privilege, the department of corrections shall not intercept, record, or divulge any conversation between an inmate or resident and an attorney. The department shall develop policies and procedures to implement this section. The department's policies and procedures implemented under this section shall also recognize the privileged nature of confessions made by an offender to a member of the clergy or a priest in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs as provided in RCW 5.60.060(3).
(5) The department shall notify in writing all inmates, residents, and personnel of state correctional facilities that their nontelephonic conversations may be intercepted, recorded, or divulged in accordance with the provisions of this section.
(6) The department shall notify all visitors to state correctional facilities who may enter inmate living units, cells, rooms, dormitories, or common spaces where inmates may be present, that their conversations may intercepted, recorded, or divulged in accordance with the provisions of this section. The notice required under this subsection shall be accomplished through a means no less conspicuous than a general posting in a location likely to be seen by visitors entering the facility.
NEW SECTION. Sec. 2. The department shall provide the notification required under RCW 9.73.095(5) to all current inmates, residents, and personnel no later than May 1, 1996. Posting of the notification to visitors required under RCW 9.73.095(6) shall be in place no later than July 1, 1996.
NEW SECTION. Sec. 3. RCW 9.73.145 and 1989 c 31 s 1 are each repealed.
NEW SECTION. Sec. 4. (1) Sections 1 and 3 of this act shall take effect August 1, 1996.
(2) Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 2 of the title, after "conversations;" strike the remainder of the title and insert "amending RCW 9.73.095; creating a new section; repealing RCW 9.73.145; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2195, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2195, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2195, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE HOUSE BILL NO. 2195, as amended by the Senate, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2256, by House Committee on Capital Budget (originally sponsored by Representatives Honeyford, Chopp, Keiser, Regala, Dickerson, Mason and Patterson) (by request of Public Works Board and Department of Community, Trade, and Economic Development)
Authorizing certain public works projects.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2256 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2256.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2256 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, 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.
Absent: Senator Pelz - 1.
Excused: Senator McCaslin - 1.
SUBSTITUTE HOUSE BILL NO. 2256, 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.
SECOND READING
HOUSE BILL NO. 2259, by Representatives McMahan, Sheahan, Dellwo and Costa (by request of Administrator for the Courts)
Revising the procedure for impanelling juries.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, House Bill No. 2259 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2259.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2259 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45.
Voting nay: Senator Zarelli - 1.
Absent: Senators Deccio and Strannigan - 2.
Excused: Senator McCaslin - 1.
HOUSE BILL NO. 2259, 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.
SECOND READING
HOUSE BILL NO. 2136, by Representatives Chandler, Chappell, Horn, Rust, Mastin, Dickerson, Honeyford, Robertson, Smith and Murray (by request of Department of Ecology)
Authorizing freshwater aquatic weeds account moneys to be used for hydrilla eradication.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 2136 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2136.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2136 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator McCaslin - 1.
HOUSE BILL NO. 2136, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2605, by House Committee on Natural Resources (originally sponsored by Representatives Linville, Fuhrman, L. Thomas, Thompson, Regala, Basich, Quall, Hatfield, B. Thomas, Stevens, Sheldon and Buck)
Allowing importation of Macrocystis seaweed for the use in the herring spawn-on-kelp fishery.
The bill was read the second time.
MOTION
Senator Drew moved that the following Committee on Natural Resources amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 79.01.805 and 1994 c 286 s 1 are each amended to read as follows:
(1) The maximum daily wet weight harvest or possession of seaweed for personal use from all aquatic lands as defined under RCW 79.90.010 and all privately owned tidelands is ten pounds per person. The department of natural resources in cooperation with the department of fish and wildlife may establish seaweed harvest limits of less than ten pounds for conservation purposes. This section shall in no way affect the ability of any state agency to prevent harvest of any species of marine aquatic plant from lands under its control, ownership, or management.
(2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from aquatic lands as defined under RCW 79.90.010, and all privately owned tidelands is prohibited. This subsection shall in no way affect commercial seaweed aquaculture.
(3) Upon mutual approval by the department and the department of fish and wildlife, seaweed species of the genus Macrocystis may be commercially harvested for use in the herring spawn-on-kelp fishery.
(4) ((Seaweed species of the genus Macrocystis may not be imported after July 1, 1995, for use in the herring spawn-on-kelp fishery.)) Importation of seaweed species of the genus Macrocystis into Washington state for the herring spawn-on-kelp fishery is subject to the fish and shellfish disease control policies of the department of fish and wildlife. Macrocystis shall not be imported from areas with fish or shellfish diseases associated with organisms that are likely to be transported with Macrocystis. The department of fish and wildlife shall incorporate this policy on Macrocystis importation into its overall fish and shellfish disease control policies.
(5) The department of natural resources shall assess the department's management policy and make recommendations to the legislature for appropriate statutory changes concerning marine seaweed conservation, harvest, reintroduction, aquaculture, and long-term productivity of the seaweed resource and aquatic environment. The department shall report its findings to the legislature on or before December 1, 1997.
(6) The fish and wildlife commission shall examine and report to the legislature on the herring spawn-on-kelp fishery to determine the advisability of continuing the fishery, allowing importation of kelp from sources outside of the state, the threat of disease and pest introduction, and the long-term health of the herring resource. In formulating its recommendations the commission shall place the conservation needs of salmon and marine groundfish which depend on healthy herring stocks at a higher priority than the needs of the spawn-on-kelp fishery. The commission shall report its findings to the legislature on or before December 1, 1997."
The President declared the question before the Senate to be the motion by Senator Drew that the Committee on Natural Resources striking amendment to Substitute House Bill No. 2605 not be adopted.
The motion by Senator Drew carried and the committee striking amendment was not adopted.
MOTION
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2605 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2605.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2605 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator McCaslin - 1.
SUBSTITUTE HOUSE BILL NO. 2605, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2431, by House Committee on Transportation (originally sponsored by Representative K. Schmidt)
Allowing state pilotage exemptions for certain vessels.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2431 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2431.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2431 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 2431, 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.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
HOUSE BILL NO. 2137, by Representatives Chandler, Chappell, Horn, Rust, Regala, Thompson and Murray (by request of Department of Ecology)
Requiring biennial progress reports from the department of ecology.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 2137 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2137.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2137 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
HOUSE BILL NO. 2137, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2151, by House Committee on Health Care (originally sponsored by Representatives Dyer, Backlund, Cody and Murray) (by request of Department of Health)
Establishing uniform licensing procedures.
The bill was read the second time.
MOTION
Senator Quigley moved that the following Committee on Health and Long-Term Care amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.70.250 and 1989 1st ex.s. c 9 s 319 are each amended to read as follows:
(((1))) It shall be the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. The secretary shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations, or businesses administered by the department. In fixing said fees, the secretary shall set the fees for each program at a sufficient level to defray the costs of administering that program. All such fees shall be fixed by rule adopted by the secretary in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.
(((2) Notwithstanding subsection (1) of this section, no fee for midwives, as licensed in chapter 18.50 RCW may be increased by more than one hundred dollars or fifty percent, whichever is greater during any biennium.))
Sec. 2. RCW 43.70.280 and 1989 1st ex.s. c 9 s 322 are each amended to read as follows:
(1) The secretary, in consultation with health profession boards and commissions, shall establish by rule the administrative procedures, administrative requirements, and fees for initial issue, renewal, and reissue of a credential for professions under RCW 18.130.040, including procedures and requirements for late renewals and uniform application of late renewal penalties. Failure to renew invalidates the credential and all privileges granted by the credential. Administrative procedures and administrative requirements do not include establishing, monitoring, and enforcing qualifications for licensure, scope or standards of practice, continuing competency mechanisms, and discipline when such authority is authorized in statute to a health profession board or commission. For the purposes of this section, "in consultation with" means providing an opportunity for meaningful participation in development of rules consistent with processes set forth in RCW 34.05.310.
(2) Notwithstanding any provision of law to the contrary which provides for a licensing period for any type of license subject to this chapter including those under RCW 18.130.040, the secretary of health may, from time to time, extend or otherwise modify the duration of any licensing, certification, or registration period, whether an initial or renewal period, if the secretary determines that it would result in a more economical or efficient operation of state government and that the public health, safety, or welfare would not be substantially adversely affected thereby. However, no license, certification, or registration may be issued or approved for a period in excess of four years, without renewal. Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of health adopted in accordance with the provisions of chapter 34.05 RCW. Such rules and regulations may provide a method for imposing and collecting such additional proportional fee as may be required for the extended or modified period.
(3) Unless extended by the legislature, effective July 1, 1998, the authority of the secretary to establish administrative procedures and administrative requirements for initial issue, renewal, and reissue of a credential, including procedures and requirements for late renewals and uniform application of late renewal penalties, shall cease to apply to those health professions otherwise regulated by a board or commission with statutory rule-making authority. If not extended by the legislature, such authority shall transfer to the respective board or commission. Rules adopted by the secretary under this section shall remain in effect after July 1, 1998, until modified or repealed in accordance with the provisions of chapter 34.05 RCW.
Sec. 3. RCW 18.06.120 and 1995 c 323 s 10 are each amended to read as follows:
(1) Every person licensed in acupuncture shall ((register with the secretary annually and pay an annual renewal fee determined by the secretary as provided in RCW 43.70.250 on or before the license holder's birth anniversary date. The license of the person shall be renewed for a period of one year or longer in the discretion of the secretary. A person whose practice is exclusively out-of-state or who is on sabbatical shall be granted an inactive licensure status and pay a reduced fee. The reduced fee shall be set by the secretary under RCW 43.70.250)) comply with the administrative procedures and administrative requirements for registration and renewal set by the secretary under RCW 43.70.250 and 43.70.280.
(2) ((Any failure to register and pay the annual renewal fee shall render the license invalid. The license shall be reinstated upon: (a) Written application to the secretary; (b) payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250; and (c) payment to the state of all delinquent annual license renewal fees.
(3) Any person who fails to renew his or her license for a period of three years shall not be entitled to renew the licensure under this section. Such person, in order to obtain a licensure in acupuncture in this state, shall file a new application under this chapter, along with the required fee, and shall meet examination or continuing education requirements as the secretary, by rule, provides.
(4))) All fees collected under this section and RCW 18.06.070 shall be credited to the health professions account as required under RCW 43.70.320.
Sec. 4. RCW 18.19.070 and 1994 sp.s. c 9 s 501 are each amended to read as follows:
(1) The Washington state mental health quality assurance council is created, consisting of ((nine)) seven members appointed by the secretary. All appointments shall be for a term of four years. No person may serve as a member of the council for more than two consecutive full terms.
Voting members of the council must include one social worker certified under RCW 18.19.110, one mental health counselor certified under RCW 18.19.120, one marriage and family therapist certified under RCW 18.19.130, one counselor registered under RCW 18.19.090, one hypnotherapist registered under RCW 18.19.090, and two public members. Each member of the council must be a citizen of the United States and a resident of this state. Public members of the council may not be a member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the council, or have a material or financial interest in the rendering of health services regulated by the council.
The secretary may appoint the initial members of the council to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the council hold office until their successors are appointed.
The secretary may remove any member of the council for cause as specified by rule. In the case of a vacancy, the secretary shall appoint a person to serve for the remainder of the unexpired term.
(2) The council shall meet at the times and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the secretary.
Each member of the council shall be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. In addition, members of the council shall be compensated in accordance with RCW 43.03.240 when engaged in the authorized business of the council. The members of the council are immune from suit in an action, civil or criminal, based on their official acts performed in good faith as members of the council.
Sec. 5. RCW 18.19.100 and 1991 c 3 s 25 are each amended to read as follows:
The secretary shall establish ((by rule the procedural)) administrative procedures, administrative requirements, and fees for renewal of registrations((. Failure to renew shall invalidate the registration and all privileges granted by the registration. Subsequent registration will require application and payment of a fee as determined by the secretary under RCW 43.70.250)) as provided in RCW 43.70.250 and 43.70.280.
Sec. 6. RCW 18.19.170 and 1991 c 3 s 32 are each amended to read as follows:
A certificate issued under this chapter shall be renewed as ((determined by)) provided in RCW 43.70.250 and 43.70.280. The secretary ((who)) may establish ((rules governing)) continuing competence requirements. ((An additional fee may be set by the secretary as a renewal requirement when certification has lapsed due to failure to renew prior to the expiration date.))
Sec. 7. RCW 18.22.120 and 1990 c 147 s 13 are each amended to read as follows:
The board shall establish by rule the requirements for renewal of licenses and relicensing. ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250, and the term for renewal of a license under RCW 43.70.280. Failure to renew invalidates the license and all privileges granted by it. The board shall determine by rule when a license shall be canceled for failure to renew and shall establish prerequisites for relicensing)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280.
Sec. 8. RCW 18.25.020 and 1994 sp.s. c 9 s 109 are each amended to read as follows:
(1) Any person not now licensed to practice chiropractic in this state and who desires to practice chiropractic in this state, before it shall be lawful for him or her to do so, shall make application therefor to the secretary, upon such form and in such manner as may be adopted and directed by the secretary. Each applicant who matriculates to a chiropractic college after January 1, 1975, shall have completed not less than one-half of the requirements for a baccalaureate degree at an accredited and approved college or university and shall be a graduate of a chiropractic school or college accredited and approved by the commission and shall show satisfactory evidence of completion by each applicant of a resident course of study of not less than four thousand classroom hours of instruction in such school or college. Applications shall be in writing and shall be signed by the applicant in his or her own handwriting and shall be sworn to before some officer authorized to administer oaths, and shall recite the history of the applicant as to his or her educational advantages, his or her experience in matters pertaining to a knowledge of the care of the sick, how long he or she has studied chiropractic, under what teachers, what collateral branches, if any, he or she has studied, the length of time he or she has engaged in clinical practice; accompanying the same by reference therein, with any proof thereof in the shape of diplomas, certificates, and shall accompany said application with satisfactory evidence of good character and reputation.
(2) ((There shall be paid to the secretary by each applicant for a license, a fee determined by the secretary as provided in RCW 43.70.250 which shall accompany application and a fee determined by the secretary as provided in RCW 43.70.250, which shall be paid upon issuance of license. Like fees shall be paid for any subsequent examination and application)) Applicants shall follow administrative procedures and administrative requirements and pay fees as provided in RCW 43.70.250 and 43.70.280.
Sec. 9. RCW 18.25.070 and 1994 sp.s. c 9 s 114 are each amended to read as follows:
(((1))) Every person practicing chiropractic shall, as a prerequisite to ((annual)) renewal of license, submit to the secretary at the time of application therefor, satisfactory proof showing attendance of at least twenty-five hours per year during the preceding ((twelve-month)) credential period, at one or more chiropractic symposiums which are recognized and approved by the commission. The commission may, for good cause shown, waive said attendance. The following guidelines for such symposiums shall apply:
(((a))) (1) The commission shall set criteria for the course content of educational symposia concerning matters which are recognized by the state of Washington chiropractic licensing laws; it shall be the licensee's responsibility to determine whether the course content meets these criteria;
(((b))) (2) The commission shall adopt standards for distribution of annual continuing education credit requirements;
(((c))) (3) Rules shall be adopted by the commission for licensees practicing and residing outside the state who shall meet all requirements established by rule of the commission.
(((2) Every person practicing chiropractic within this state shall pay on or before his or her birth anniversary date, after a license is issued to him or her as provided in this chapter, to the secretary a renewal license fee to be determined by the secretary as provided in RCW 43.70.250. The secretary shall, thirty days or more before the birth anniversary date of each chiropractor in the state, mail to that chiropractor a notice of the fact that the renewal fee will be due on or before his or her birth anniversary date. Nothing in this chapter shall be construed so as to require that the receipts shall be recorded as original licenses are required to be recorded.
The failure of any licensed chiropractor to pay his or her annual license renewal fee within thirty days of license expiration shall work a forfeiture of his or her license. It shall not be reinstated except upon evidence that continuing educational requirements have been fulfilled and the payment of a penalty to be determined by the secretary as provided in RCW 43.70.250, together with all annual license renewal fees delinquent at the time of the forfeiture, and those for each year thereafter up to the time of reinstatement. If the licensee allows his or her license to lapse for more than three years, he or she may be reexamined as provided for in RCW 18.25.040 at the discretion of the commission.))
Sec. 10. RCW 18.29.021 and 1995 c 198 s 4 are each amended to read as follows:
(1) The department shall issue a license to any applicant who, as determined by the secretary:
(a) Has successfully completed an educational program approved by the secretary. This educational program shall include course work encompassing the subject areas within the scope of the license to practice dental hygiene in the state of Washington;
(b) Has successfully completed an examination administered or approved by the dental hygiene examining committee; and
(c) Has not engaged in unprofessional conduct or is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment.
(2) Applications for licensure ((shall be submitted on forms provided by the department. The department may require any information and documentation necessary to determine if the applicant meets the criteria for licensure as provided in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250. The fee shall be submitted with the application)) must comply with administrative procedures, administrative requirements, and fees established according to RCW 43.70.250 and 43.70.280.
Sec. 11. RCW 18.29.071 and 1991 c 3 s 49 are each amended to read as follows:
The secretary shall establish ((by rule)) the administrative procedures, administrative requirements, and fees for renewal of licenses as provided in this chapter and in RCW 43.70.250 and 43.70.280. ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250. Failure to renew invalidates the license and all privileges granted by the license. The secretary shall determine by rule whether a license shall be canceled for failure to renew and shall establish procedures and requirements for relicensure.))
Sec. 12. RCW 18.30.120 and 1995 c 1 s 13 (Initiative Measure No. 607) are each amended to read as follows:
(1) ((A license issued under RCW 18.30.080 is valid for two years. A license may be renewed by paying the renewal fee)) The licensing period, administrative procedures, administrative requirements, and fees shall be determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
(2) ((If a license issued is effective on a date other than July 1, it shall be valid until the following June 30.
(3))) The license shall contain, on its face, the address or addresses where the license holder will perform the denturist services.
Sec. 13. RCW 18.30.130 and 1995 c 198 s 23 are each amended to read as follows:
The secretary shall establish by rule the ((administrative)) requirements for renewal of licenses to practice denturism, but shall not increase the licensure requirements provided in this chapter. The secretary shall establish ((a renewal and late renewal penalty in accordance with RCW 43.70.250. Failure to renew shall invalidate the license and all privileges granted by the license. The secretary shall determine by rule whether a license shall be canceled for failure to renew and shall establish procedures and prerequisites for relicensure)) administrative procedures, administrative requirements, and fees for license periods and renewals as provided in RCW 43.70.250 and 43.70.280.
Sec. 14. RCW 18.32.110 and 1991 c 3 s 63 are each amended to read as follows:
Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250((, which shall accompany the application)) and 43.70.280.
Sec. 15. RCW 18.32.170 and 1991 c 3 s 66 are each amended to read as follows:
A fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280 shall be charged for every duplicate license issued by the secretary.
Sec. 16. RCW 18.32.180 and 1994 sp.s. c 9 s 216 are each amended to read as follows:
(((1))) Every person licensed to practice dentistry in this state shall ((register with the secretary, and pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250. Any failure to register and pay the renewal registration fee renders the license invalid, and the practice of dentistry shall not be permitted. The license shall be reinstated upon written application to the secretary and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent license renewal fees.
(2) A person who fails to renew the license for a period of three years may not renew the license under subsection (1) of this section. In order to obtain a license to practice dentistry in this state, such a person shall file an original application as provided for in this chapter, along with the requisite fees.)) renew his or her license and comply with administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280. The commission, in its sole discretion, may permit the applicant to be licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of dentistry.
Sec. 17. RCW 18.32.220 and 1991 c 3 s 70 are each amended to read as follows:
Anyone who is a licensed dentist in the state of Washington who desires to change residence to another state or territory, shall, upon application to the secretary and payment of a fee as determined by the secretary under RCW 43.70.250 and 43.70.280, receive a certificate over the signature of the secretary or his or her designee, which shall attest to the facts mentioned in this section, and giving the date upon which the dentist was licensed.
Sec. 18. RCW 18.34.120 and 1991 c 3 s 79 are each amended to read as follows:
Each licensee hereunder shall pay ((an annual)) a renewal registration fee determined by the secretary as provided in RCW 43.70.250((, on or before the first day of July of each year, and thereupon the license of such person shall be renewed for a period of one year. Any failure to pay the annual renewal registration fee shall render the license invalid, but such license shall be reinstated upon written application therefor to the secretary and payment of a penalty determined by the secretary as provided in RCW 43.70.250, together with all delinquent annual license renewal fees. In addition,)) and 43.70.280. The secretary may adopt rules establishing mandatory continuing education requirements to be met by persons applying for license renewal.
Sec. 19. RCW 18.35.060 and 1993 c 313 s 3 are each amended to read as follows:
(1) The department shall issue a trainee license to any applicant who has shown to the satisfaction of the department that the applicant:
(a) ((The applicant)) Is at least eighteen years of age;
(b) If issued a trainee license, would be employed and directly supervised in the fitting and dispensing of hearing aids by a person licensed in good standing as a fitter-dispenser for at least one year unless otherwise approved by the board; and
(c) Has ((paid an application fee)) complied with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250((, to the department)) and 43.70.280.
The provisions of RCW 18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a trainee license. Pursuant to the provisions of this section, a person issued a trainee license may engage in the fitting and dispensing of hearing aids without having first passed the examination provided under this chapter.
(2) The trainee license shall contain the name of the person licensed under this chapter who is employing and supervising the trainee and that person shall execute an acknowledgment of responsibility for all acts of the trainee in connection with the fitting and dispensing of hearing aids.
(3) A trainee may fit and dispense hearing aids, but only if the trainee is under the direct supervision of a person licensed under this chapter in a capacity other than as a trainee. Direct supervision by a licensed fitter-dispenser shall be required whenever the trainee is engaged in the fitting or dispensing of hearing aids during the trainee's first three months of full-time employment. The board shall develop and adopt guidelines on any additional supervision or training it deems necessary.
(4) ((The trainee license shall expire one year from the date of its issuance except that on recommendation of the board the license may be reissued for one additional year only)) No individual may hold a trainee license for more than two years.
(5) No person licensed under this chapter may assume the responsibility for more than two trainees at any one time, except that the department may approve one additional trainee if none of the trainees is within the initial ninety-day period of direct supervision and the licensee demonstrates to the department's satisfaction that adequate supervision will be provided for all trainees.
Sec. 20. RCW 18.35.080 and 1991 c 3 s 83 are each amended to read as follows:
The department shall license each applicant((, without discrimination,)) who satisfactorily completes the required examination and((, upon payment of a fee determined by the secretary as provided in RCW 43.70.250 to the department, shall issue to the applicant a license. If a person does not apply for a license within three years of the successful completion of the license examination, reexamination is required for licensure. The license shall be effective until the licensee's next birthday at which time it is subject to renewal. Subsequent renewal dates shall coincide with the licensee's birthday)) complies with administrative procedures and administrative requirements established pursuant to RCW 43.70.250 and 43.70.280.
Sec. 21. RCW 18.35.090 and 1991 c 3 s 84 are each amended to read as follows:
Each person who engages in the fitting and dispensing of hearing aids shall ((as the department prescribes by rule, pay to the department a fee established by the secretary under RCW 43.70.250 for a renewal of the license)) comply with administrative procedures and administrative requirements established under RCW 43.70.250 and 43.70.280 and shall keep the license conspicuously posted in the place of business at all times. ((Any person who fails to renew his or her license prior to the expiration date must pay a penalty fee in addition to the renewal fee and satisfy the requirements that may be set forth by rule promulgated by the secretary for reinstatement.)) The secretary may ((by rule)) establish mandatory continuing education requirements and/or continued competency standards to be met by licensees as a condition for license renewal.
Sec. 22. RCW 18.36A.130 and 1991 c 3 s 98 are each amended to read as follows:
((Applications for licensure shall be submitted on forms provided by the department. The department may require any information and documentation needed to determine if the applicant meets the criteria for licensure as provided in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250. The fee shall be submitted with the application)) Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
Sec. 23. RCW 18.36A.140 and 1991 c 3 s 99 are each amended to read as follows:
The secretary shall establish ((by rule)) the administrative procedures, administrative requirements, and fees for renewal and late renewal of licenses as provided in RCW 43.70.250 and 43.70.280. ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250. Failure to renew shall invalidate the license and all privileges granted by the license. The secretary shall determine by rule whether a license shall be canceled for failure to renew and shall establish procedures and prerequisites for relicensure.))
Sec. 24. RCW 18.50.050 and 1991 c 3 s 108 are each amended to read as follows:
((If the application is approved and the candidate shall have deposited an examination fee determined by the secretary as provided in RCW 43.70.250 with the secretary, the candidate shall be admitted to the examination, and in case of failure to pass the examination, may be reexamined at any regular examination within one year without the payment of an additional fee, said fee to be retained by the secretary after failure to pass the second examination)) Applicants shall comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided by RCW 43.70.250 and 43.70.280.
Sec. 25. RCW 18.50.102 and 1991 c 3 s 110 are each amended to read as follows:
Every person licensed to practice midwifery shall register with the secretary ((annually)) and pay ((an annual)) a renewal ((registration)) fee determined by the secretary as provided in RCW 43.70.250 ((on or before the licensee's birth anniversary date. The license of the person shall be renewed for a period of one year. Any failure to register and pay the annual renewal registration fee shall render the license invalid. The license shall be reinstated upon written application to the secretary, payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, and payment to the state of all delinquent annual license renewal fees. Any person who fails to renew his or her license for a period of three years shall not be entitled to renew such license under this section. Such person, in order to obtain a license to practice midwifery in this state, shall file a new application under this chapter, along with the required fee. The secretary, in the secretary's discretion, may permit the applicant to be licensed without examination if satisfied that the applicant meets all the requirements for licensure in this state and is competent to engage in the practice of midwifery)) and 43.70.280.
Sec. 26. RCW 18.52.110 and 1992 c 53 s 8 are each amended to read as follows:
(1) Every holder of a nursing home administrator's license shall ((reregister on dates specified by the secretary. Such relicensure shall be granted upon receipt of a fee determined by the secretary as provided in RCW 43.70.250, and upon)) renew that license by fulfilling the continuing competency requirement and by complying with administrative procedures, administrative requirements, and fees as determined according to RCW 43.70.250 and 43.70.280. ((In the event that any license is not reregistered, the secretary may charge up to double the relicensure fee. In the event that the license of an individual is not relicensed within two years from the most recent date for relicensure it shall lapse and such individual must again apply for licensing and meet all requirements of this chapter for a new applicant.)) The board may prescribe rules for maintenance of a license ((at a reduced fee)) for temporary or permanent withdrawal or retirement from the active practice of nursing home administration.
(2) A condition of ((relicensure)) renewal shall be the presentation of proof by the applicant that the board requirement for continuing competency related to the administration of nursing homes has been met.
Sec. 27. RCW 18.52.130 and 1992 c 53 s 9 are each amended to read as follows:
The secretary may issue a nursing home administrator's license to anyone who holds a current administrator's license from another jurisdiction upon receipt of an application ((fee and an annual license fee, as provided in RCW 43.70.250)) and complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280, if the standards for licensing in such other jurisdiction are substantially equivalent to those prevailing in this state, and that the applicant is otherwise qualified as determined by the board.
Sec. 28. RCW 18.52C.030 and 1991 c 3 s 131 are each amended to read as follows:
A person who operates a nursing pool shall register the pool with the secretary. Each separate location of the business of a nursing pool shall have a separate registration.
The secretary((, by rule,)) shall establish ((forms and procedures for the processing of nursing pool registration applications, including the payment of registration fees pursuant to RCW 43.70.250. An application for a nursing pool registration shall include at least the following information:
(1) The names and addresses of the owner or owners of the nursing pool; and
(2) If the owner is a corporation, copies of its articles of incorporation and current bylaws, together with the names and addresses of its officers and directors.
A registration issued by the secretary in accordance with this section shall remain effective for a period of one year from the date of its issuance unless the registration is revoked or suspended pursuant to RCW 18.52C.040(4), or unless the nursing pool is sold or ownership or management is transferred, in which case the registration of the nursing pool shall be voided and the new owner or operator shall apply for a new registration)) administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280.
Sec. 29. RCW 18.53.050 and 1991 c 3 s 134 are each amended to read as follows:
Every ((registered)) licensed optometrist shall ((annually or on the date specified by the secretary pay to the state treasurer a renewal fee, to be determined by the secretary as provided in RCW 43.70.250, and failure to pay such fee within the prescribed time shall cause the suspension of his or her certificate)) renew his or her license by complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280.
Sec. 30. RCW 18.53.070 and 1991 c 3 s 136 are each amended to read as follows:
((The fees for application for examination and)) Administrative procedures, administrative requirements, and fees for issuing a ((certificate of registration)) license shall be determined ((by the secretary)) as provided in RCW 43.70.250((, which shall be paid to the secretary as he or she shall prescribe)) and 43.70.280.
Sec. 31. RCW 18.55.030 and 1991 c 3 s 143 are each amended to read as follows:
((Upon receipt of an application for a license and the license fee as determined by the secretary, the secretary shall issue a license if the applicant meets the requirements established under this chapter. The license, unless suspended or revoked, shall be renewed annually. All licenses issued under the provisions of this chapter shall expire on the 1st day of July)) The secretary shall determine administrative procedures, administrative requirements, and fees for licenses and renewals as provided in RCW 43.70.250 and 43.70.280.
Sec. 32. RCW 18.55.040 and 1991 c 180 s 4 are each amended to read as follows:
No applicant shall be licensed under this chapter until the applicant ((pays an examination fee determined by the secretary, as provided in RCW 43.70.250, and certifies under oath after furnishing satisfactory documentation,)) complies with administrative procedures, administrative requirements, and fees determined by the secretary according to RCW 43.70.250 and 43.70.280. Qualifications must require that the applicant:
(1) Is eighteen years or more of age;
(2) Has graduated from high school or has received a general equivalency degree;
(3) Is of good moral character; and
(4)(a) Had at least ten thousand hours of apprenticeship training under the direct supervision of a licensed ocularist; or
(b) Successfully completed a prescribed course in ocularist training programs approved by the secretary; or
(c) Has had at least ten thousand hours of apprenticeship training under the direct supervision of a practicing ocularist, or has the equivalent experience as a practicing ocularist, or any combination of training and supervision, not in the state of Washington; and
(5) Successfully passes an examination conducted or approved by the secretary.
Sec. 33. RCW 18.55.050 and 1991 c 180 s 6 are each amended to read as follows:
Every individual licensed or registered under this chapter shall ((pay an annual license or registration renewal fee)) comply with administrative procedures, administrative requirements, and fees determined by the secretary, as provided by RCW 43.70.250((, on or before the expiration date established by the secretary. An application for renewal shall be on the form provided by the secretary and shall be filed with the department of health not less than ten days prior to its expiration. Each application for renewal shall be accompanied by a renewal fee in an amount to be determined by the secretary. Any license or registration not renewed as provided in this section shall be invalid.
The secretary may provide by rule the procedures that may allow for the reinstatement of a license or registration upon payment of the renewal fee and a late renewal penalty fee)) and 43.70.280 to renew his or her license.
Sec. 34. RCW 18.57.035 and 1991 c 160 s 9 are each amended to read as follows:
The board may grant approval to issue without examination a license to an osteopathic physician and surgeon in a board-approved postgraduate training program in this state if the applicant files an application and meets all the requirements for licensure set forth in RCW 18.57.020 except for completion of one year of postgraduate training. The secretary shall issue a postgraduate osteopathic medicine and surgery license that permits the physician in postgraduate training to practice osteopathic medicine and surgery only in connection with his or her duties as a physician in postgraduate training and does not authorize the physician to engage in any other form of practice. Each physician in postgraduate training shall practice osteopathic medicine and surgery only under the supervision of a physician licensed in this state under this chapter or chapter 18.71 RCW, but such supervision shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered.
All persons licensed under this section shall be subject to the jurisdiction of the board of osteopathic medicine and surgery as set forth in this chapter and chapter 18.130 RCW.
Persons applying for licensure pursuant to this section shall ((pay an application and renewal fee)) comply with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250((. Licenses issued hereunder may be renewed annually)) and 43.70.280. Any person who obtains a license pursuant to this section may, apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter.
Sec. 35. RCW 18.57.045 and 1991 c 160 s 4 are each amended to read as follows:
A licensed osteopathic physician and surgeon who desires to leave the active practice of osteopathic medicine and surgery in this state may secure from the secretary an inactive license. The ((initial and renewal)) administrative procedures, administrative requirements, and fees for an inactive license shall be determined ((by the secretary)) as provided in RCW 43.70.250 and 43.70.280. The holder of an inactive license may reactivate his or her license to practice osteopathic medicine and surgery in accordance with rules adopted by the board.
Sec. 36. RCW 18.57.050 and 1991 c 160 s 6 are each amended to read as follows:
((Each applicant on making application shall pay the secretary a fee determined by the secretary as provided in RCW 43.70.250. Application fees are nonrefundable.)) The board may establish rules and regulations governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. ((The secretary shall establish a renewal and late renewal penalty fee as provided in RCW 43.70.250. Failure to renew the license invalidates all privileges granted by the license)) Administrative procedures, administrative requirements, and fees for applications and renewals shall be established as provided in RCW 43.70.250 and 43.70.280. The board shall determine ((by rule when a license shall be canceled for failure to renew and shall establish)) prerequisites for relicensing.
Sec. 37. RCW 18.57.080 and 1991 c 160 s 7 are each amended to read as follows:
Applicants for a license to practice osteopathic medicine and surgery must successfully complete an examination prepared or approved by the board. The examination shall be conducted in the English language, shall determine the applicant's fitness to practice osteopathic medicine and surgery, and may be in whole or in part in writing or by practical application on those general subjects and topics of which knowledge is commonly and generally required of applicants who have obtained the doctor of osteopathic medicine and surgery conferred by accredited schools of osteopathic medicine and surgery approved by the board. If an examination does not encompass the subject of osteopathic principles and practice, the applicant shall be required to complete the board-administered examination. The board may prepare and administer or approve preparation and administration of examinations on such subjects as the board deems advisable. The examination papers of any examination administered by the board shall form a part of the applicant's records and shall be retained as determined by the secretary for a period of not less than one year. All applicants for examination or reexamination shall ((pay a fee)) comply with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250 and 43.70.280.
Sec. 38. RCW 18.57.130 and 1991 c 160 s 10 and 1991 c 3 s 151 are each reenacted and amended to read as follows:
Any person who meets the requirements of RCW 18.57.020 as now or hereafter amended and has been examined and licensed to practice osteopathic medicine and surgery by a state board of examiners of another state or the duly constituted authorities of another state authorized to issue licenses to practice osteopathic medicine and surgery upon examination, shall upon approval of the board be entitled to receive a license to practice osteopathic medicine and surgery in this state upon ((the payment of)) complying with administrative procedures, administrative requirements, and paying a fee determined ((by the secretary)) as provided in RCW 43.70.250 ((to the state treasurer)) and 43.70.280 and filing a copy of his or her license in such other state, duly certified by the authorities granting the license to be a full, true, and correct copy thereof, and certifying also that the standard of requirements adopted by such authorities as provided by the law of such state is substantially equal to that provided for by the provisions of this chapter: PROVIDED, That no license shall issue without examination to any person who has previously failed in an examination held in this state: PROVIDED, FURTHER, That all licenses herein mentioned may be revoked for unprofessional conduct, in the same manner and upon the same grounds as if issued under this chapter: PROVIDED, FURTHER, That no one shall be permitted to practice surgery under this chapter who has not a license to practice osteopathic medicine and surgery.
Sec. 39. RCW 18.57A.020 and 1993 c 28 s 1 are each amended to read as follows:
(1) The board shall adopt rules fixing the qualifications and the educational and training requirements for licensure as an osteopathic physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the board and eligibility to take an examination approved by the board, providing such examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program.
(2)(a) The board shall adopt rules governing the extent to which:
(i) Physician assistant students may practice medicine during training; and
(ii) Physician assistants may practice after successful completion of a training course.
(b) Such rules shall provide:
(i) That the practice of an osteopathic physician assistant shall be limited to the performance of those services for which he or she is trained; and
(ii) That each osteopathic physician assistant shall practice osteopathic medicine only under the supervision and control of an osteopathic physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physicians at the place where services are rendered. The board may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.
(3) Applicants for licensure shall file an application with the board on a form prepared by the secretary with the approval of the board, detailing the education, training, and experience of the physician assistant and such other information as the board may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. Each applicant shall furnish proof satisfactory to the board of the following:
(a) That the applicant has completed an accredited physician assistant program approved by the board and is eligible to take the examination approved by the board;
(b) That the applicant is of good moral character; and
(c) That the applicant is physically and mentally capable of practicing osteopathic medicine as an osteopathic physician assistant with reasonable skill and safety. The board may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical and/or mental capability to safely practice as an osteopathic physician assistant.
(4) The board may approve, deny, or take other disciplinary action upon the application for a license as provided in the uniform disciplinary act, chapter 18.130 RCW. The license shall be renewed ((on a periodic basis as determined by the secretary under RCW 43.70.280, upon payment of a fee determined by the secretary as provided in RCW 43.70.250 and submission of a completed renewal application, in addition to any late renewal penalty fees as determined by the secretary as provided in RCW 43.70.250)) as determined under RCW 43.70.250 and 43.70.280.
Sec. 40. RCW 18.71A.040 and 1994 sp.s. c 9 s 321 are each amended to read as follows:
(1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the commission.
(2) Prior to commencing practice, a physician assistant licensed in this state shall apply to the commission for permission to be employed or supervised by a physician or physician group. The practice arrangement plan shall be jointly submitted by the physician or physician group and physician assistant. ((The secretary may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan review)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280. The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised. Whenever a physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the medical((disciplinary board [commission])) commission may take disciplinary action under chapter 18.130 RCW.
Sec. 41. RCW 18.59.110 and 1991 c 3 s 156 are each amended to read as follows:
((The secretary shall prescribe and publish fees in amounts determined by the secretary as provided in RCW 43.70.250 for the following purposes:
(1) Application for examination;
(2) Initial license fee;
(3) Renewal of license fee;
(4) Late renewal fee; and
(5) Limited permit fee.
The fees shall be set in such an amount as to reimburse the state, to the extent feasible, for the cost of the services rendered)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280 for applications, initial and renewal licenses, and limited permits.
Sec. 42. RCW 18.64.040 and 1989 1st ex.s. c 9 s 413 are each amended to read as follows:
Every applicant for license examination under this chapter shall pay the sum determined by the secretary under RCW 43.70.250 and 43.70.280 before the examination is attempted.
Sec. 43. RCW 18.64.043 and 1991 c 229 s 3 are each amended to read as follows:
(1) The owner of each pharmacy shall pay an original license fee to be determined by the secretary, and annually thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary, for which he or she shall receive a license of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the secretary may approve, for the period ending on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, and each such owner shall at the time of filing proof of payment of such fee as provided in RCW 18.64.045 as now or hereafter amended, file with the department on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of ownership of the pharmacy mentioned therein.
(2) It shall be the duty of the owner to immediately notify the department of any change of location or ownership and to keep the license of location or the renewal thereof properly exhibited in said pharmacy.
(3) Failure to comply with this section shall be deemed a misdemeanor, and each day that said failure continues shall be deemed a separate offense.
(4) In the event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon ((payment of the license renewal fee and a penalty fee equal to the original license fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 44. RCW 18.64.045 and 1991 c 229 s 4 are each amended to read as follows:
The owner of each and every place of business which manufactures drugs shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, for which the owner shall receive a license of location from the department, which shall entitle the owner to manufacture drugs at the location specified for the period ending on a date to be determined by the ((board)) secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify immediately the department of any change of location or ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business. Failure to conform with this section shall be deemed a misdemeanor, and each day that said failure continues shall be deemed a separate offense. In event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon ((payment of the license renewal fee and a penalty fee equal to the license renewal fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 45. RCW 18.64.046 and 1991 c 229 s 5 are each amended to read as follows:
The owner of each place of business which sells legend drugs and nonprescription drugs, or nonprescription drugs at wholesale shall pay a license fee to be determined by the secretary, and thereafter, on or before a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, a like fee to be determined by the secretary, for which the owner shall receive a license of location from the department, which shall entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at the location specified for the period ending on a date to be determined by the ((board)) secretary, and each such owner shall at the time of payment of such fee file with the department, on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify immediately the department of any change of location and ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business. Failure to conform with this section shall be deemed a misdemeanor, and each day that said failure continues shall be deemed a separate offense. In event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon ((payment of the license renewal fee and a penalty fee equal to the license renewal fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 46. RCW 18.64.047 and 1991 c 229 s 6 are each amended to read as follows:
Any itinerant vendor or any peddler of any nonprescription drug or preparation for the treatment of disease or injury, shall pay a registration fee determined by the secretary on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280. The department may issue a registration to such vendor on an approved application made to the department. Any itinerant vendor or peddler who shall vend or sell, or offer to sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this section, shall be guilty of a misdemeanor and each sale or offer to sell shall constitute a separate offense. In event such registration fee remains unpaid on the date due, no renewal or new registration shall be issued except upon ((payment of the registration renewal fee and a penalty fee equal to the renewal fee)) compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. This registration shall not authorize the sale of legend drugs or controlled substances.
Sec. 47. RCW 18.64.140 and 1991 c 229 s 7 are each amended to read as follows:
Every licensed pharmacist who desires to practice pharmacy shall secure from the department a license, the fee for which shall be determined by the secretary under RCW 43.70.250 and 43.70.280. The administrative procedures, administrative requirements, renewal fee, and late renewal fee shall also be determined ((by the secretary)) under RCW 43.70.250 and 43.70.280. ((The date of renewal may be established by the secretary by regulation and the department may by regulation extend the duration of a licensing period for the purpose of staggering renewal periods. Such regulation may provide a method for imposing and collecting such additional proportional fee as may be required for the extended period.)) Payment of this fee shall entitle the licensee to a pharmacy law book, subsequent current mailings of all additions, changes, or deletions in the pharmacy practice act, chapter 18.64 RCW, and all additions, changes, or deletions of pharmacy board and department regulations. ((Pharmacists shall pay the license renewal fee and a penalty equal to the license renewal fee for the late renewal of their license.)) The current license shall be conspicuously displayed to the public in the pharmacy to which it applies. Any licensed pharmacist who desires to leave the active practice of pharmacy in this state may secure from the department an inactive license. The initial license and renewal fees shall be determined by the secretary under RCW 43.70.250 and 43.70.280. The holder of an inactive license may reactivate his or her license to practice pharmacy in accordance with rules adopted by the board.
Sec. 48. RCW 18.64.205 and 1991 c 229 s 2 are each amended to read as follows:
The board may adopt rules pursuant to this section authorizing a retired active license status. An individual licensed pursuant to this chapter, who is practicing only in emergent or intermittent circumstances as defined by rule established by the board, may hold a retired active license at a reduced renewal fee established by the secretary under RCW 43.70.250 and 43.70.280. Such a license shall meet the continuing education requirements, if any, established by the board for renewals, and is subject to the provisions of the uniform disciplinary act, chapter 18.130 RCW. Individuals who have entered into retired status agreements with the disciplinary authority in any jurisdiction shall not qualify for a retired active license under this section.
Sec. 49. RCW 18.64.310 and 1989 1st ex.s. c 9 s 410 are each amended to read as follows:
The department shall:
(1) Establish reasonable license and examination fees and fees for services to other agencies in accordance with RCW 43.70.250 and 43.70.280. In cases where there are unanticipated demands for services, the department may request payment for services directly from the agencies for whom the services are performed, to the extent that revenues or other funds are available. Drug-related investigations regarding licensed health care practitioners shall be funded by an appropriation to the department from the health professions account. The payment may be made on either an advance or a reimbursable basis as approved by the director of financial management;
(2) Employ, with confirmation by the board, an executive officer, who shall be exempt from the provisions of chapter 41.06 RCW and who shall be a pharmacist licensed in Washington, and employ inspectors, investigators, chemists, and other persons as necessary to assist it for any purpose which it may deem necessary;
(3) Investigate and prosecute, at the direction of the board, including use of subpoena powers, violations of law or regulations under its jurisdiction or the jurisdiction of the board of pharmacy;
(4) Make, at the direction of the board, inspections and investigations of pharmacies and other places, including dispensing machines, in which drugs or devices are stored, held, compounded, dispensed, sold, or administered to the ultimate consumer, to take and analyze any drugs or devices and to seize and condemn any drugs or devices which are adulterated, misbranded, stored, held, dispensed, distributed, administered, or compounded in violation of or contrary to law. The written operating agreement between the department and the board, as required by RCW 43.70.240 shall include provisions for the department to involve the board in carrying out its duties required by this section.
Sec. 50. RCW 18.64A.030 and 1989 1st ex.s. c 9 s 423 are each amended to read as follows:
The board shall adopt, in accordance with chapter 34.05 RCW, rules and regulations governing the extent to which pharmacy assistants may perform services associated with the practice of pharmacy during training and after successful completion of a training course. Such regulations shall provide for the certification of pharmacy assistants by the department at a fee determined by the secretary under RCW 43.70.250 and 43.70.280 according to the following levels of classification:
(1) "Level A pharmacy assistants" may assist in performing, under the immediate supervision and control of a licensed pharmacist, manipulative, nondiscretionary functions associated with the practice of pharmacy.
(2) "Level B pharmacy assistants" may perform, under the general supervision of a licensed pharmacist, duties including but not limited to, typing of prescription labels, filing, refiling, bookkeeping, pricing, stocking, delivery, nonprofessional phone inquiries, and documentation of third party reimbursements.
Sec. 51. RCW 18.64A.060 and 1989 1st ex.s. c 9 s 425 are each amended to read as follows:
No pharmacy licensed in this state shall utilize the services of pharmacy assistants without approval of the board.
Any pharmacy licensed in this state may apply to the board for permission to use the services of pharmacy assistants. The application shall be accompanied by a ((uniform)) fee ((to be determined by the secretary)) and shall comply with administrative procedures and administrative requirements set pursuant to RCW 43.70.250 and 43.70.280, shall detail the manner and extent to which the pharmacy assistants would be used and supervised, and shall provide other information in such form as the secretary may require.
The board may approve or reject such applications. In addition, the board may modify the proposed utilization of pharmacy assistants and approve the application as modified. ((No such approval shall extend for more than one year, but approval once granted may be renewed annually upon payment of a uniform fee as determined by the secretary.)) Whenever it appears to the board that a pharmacy assistant is being utilized in a manner inconsistent with the approval granted, the board may withdraw such approval. In the event a hearing is requested upon the rejection of an application, or upon the withdrawal of approval, a hearing shall be conducted in accordance with chapter 18.64 RCW, as now or hereafter amended, and appeal may be taken in accordance with the Administrative Procedure Act, chapter 34.05 RCW.
Sec. 52. RCW 18.71.080 and 1994 sp.s. c 9 s 312 are each amended to read as follows:
Every person licensed to practice medicine in this state shall ((register with the secretary of health annually, and pay an annual renewal registration fee determined by the secretary as provided in RCW 43.70.250)) pay licensing fees and renew his or her license in accordance with administrative procedures and administrative requirements adopted as provided in RCW 43.70.250 and 43.70.280. The commission may establish rules governing mandatory continuing education requirements which shall be met by physicians applying for renewal of licenses. The rules shall provide that mandatory continuing education requirements may be met in part by physicians showing evidence of the completion of approved activities relating to professional liability risk management. ((Any failure to register and pay the annual renewal registration fee shall render the license invalid, but such license shall be reinstated upon written application therefor to the secretary, and payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250, together with all delinquent annual license renewal fees: PROVIDED, HOWEVER, That any person who fails to renew the license for a period of three years, shall in no event be entitled to renew the license under this section. Such a person in order to obtain a license to practice medicine in this state, shall file an original application as provided for in this chapter, along with the requisite fee therefor.)) The commission, in its sole discretion, may permit ((such)) an applicant who has not renewed his or her license to be licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this state, and is competent to engage in the practice of medicine.
Sec. 53. RCW 18.71.085 and 1994 sp.s. c 9 s 313 are each amended to read as follows:
The commission may adopt rules pursuant to this section authorizing an inactive license status.
(1) An individual licensed pursuant to chapter 18.71 RCW may place his or her license on inactive status. The holder of an inactive license shall not practice medicine and surgery in this state without first activating the license.
(2) The administrative procedures, administrative requirements, and fee for inactive renewal ((fee)) shall be established ((by the secretary)) pursuant to RCW 43.70.250 and 43.70.280. ((Failure to renew an inactive license shall result in cancellation in the same manner as an active license.))
(3) An inactive license may be placed in an active status upon compliance with rules established by the commission.
(4) Provisions relating to disciplinary action against a person with a license shall be applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.
Sec. 54. RCW 18.71.095 and 1994 sp.s. c 9 s 315 are each amended to read as follows:
The commission may, without examination, issue a limited license to persons who possess the qualifications set forth herein:
(1) The commission may, upon the written request of the secretary of the department of social and health services or the secretary of corrections, issue a limited license to practice medicine in this state to persons who have been accepted for employment by the department of social and health services or the department of corrections as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice medicine only in connection with patients, residents, or inmates of the state institutions under the control and supervision of the secretary of the department of social and health services or the department of corrections.
(2) The commission may issue a limited license to practice medicine in this state to persons who have been accepted for employment by a county or city health department as physicians; who are licensed to practice medicine in another state of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice medicine only in connection with his or her duties in employment with the city or county health department.
(3) Upon receipt of a completed application showing that the applicant meets all of the requirements for licensure set forth in RCW 18.71.050 except for completion of two years of postgraduate medical training, and that the applicant has been appointed as a resident physician in a program of postgraduate clinical training in this state approved by the commission, the commission may issue a limited license to a resident physician. Such license shall permit the resident physician to practice medicine only in connection with his or her duties as a resident physician and shall not authorize the physician to engage in any other form of practice. Each resident physician shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician at the place where services are rendered.
(4)(a) Upon nomination by the dean of the school of medicine at the University of Washington or the chief executive officer of a hospital or other appropriate health care facility licensed in the state of Washington, the commission may issue a limited license to a physician applicant invited to serve as a teaching-research member of the institution's instructional staff if the sponsoring institution and the applicant give evidence that he or she has graduated from a recognized medical school and has been licensed or otherwise privileged to practice medicine at his or her location of origin. Such license shall permit the recipient to practice medicine only within the confines of the instructional program specified in the application and shall terminate whenever the holder ceases to be involved in that program, or at the end of one year, whichever is earlier. Upon request of the applicant and the institutional authority, the license may be renewed for no more than a total of two years.
(b) Upon nomination by the dean of the school of medicine of the University of Washington or the chief executive officer of any hospital or appropriate health care facility licensed in the state of Washington, the commission may issue a limited license to an applicant selected by the sponsoring institution to be enrolled in one of its designated departmental or divisional fellowship programs provided that the applicant shall have graduated from a recognized medical school and has been granted a license or other appropriate certificate to practice medicine in the location of the applicant's origin. Such license shall permit the holder only to practice medicine within the confines of the fellowship program to which he or she has been appointed and, upon the request of the applicant and the sponsoring institution, the license may be renewed by the commission for no more than a total of two years.
All persons licensed under this section shall be subject to the jurisdiction of the commission to the same extent as other members of the medical profession, in accordance with this chapter and chapter 18.130 RCW.
Persons applying for licensure and renewing licenses pursuant to this section shall ((pay an application fee)) comply with administrative procedures, administrative requirements, and fees determined ((by the secretary)) as provided in RCW 43.70.250 ((and, in the event the license applied for is issued, a license fee at the rate provided for renewals of licenses generally. Licenses issued hereunder may be renewed annually pursuant to the provisions of RCW 18.71.080)) and 43.70.280. Any person who obtains a limited license pursuant to this section may((, without an additional application fee,)) apply for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements of this chapter.
Sec. 55. RCW 18.71.205 and 1995 c 65 s 3 are each amended to read as follows:
(1) The secretary of the department of health, in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory committee as prescribed in RCW 18.73.050, and the commission, shall prescribe:
(a) Practice parameters, training standards for, and levels of, physician trained emergency medical service intermediate life support technicians and paramedics;
(b) Minimum standards and performance requirements for the certification and recertification of physician's trained emergency medical service intermediate life support technicians and paramedics; and
(c) Procedures for certification, recertification, and decertification of physician's trained emergency medical service intermediate life support technicians and paramedics.
(2) Initial certification shall be for a period ((of three years)) established by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(3) Recertification shall be granted upon proof of continuing satisfactory performance and education, and shall be for a period ((of three years)) established by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(4) As used in chapters 18.71 and 18.73 RCW, "approved medical program director" means a person who:
(a) Is licensed to practice medicine and surgery pursuant to chapter 18.71 RCW or osteopathy and surgery pursuant to chapter 18.57 RCW; and
(b) Is qualified and knowledgeable in the administration and management of emergency care and services; and
(c) Is so certified by the department of health for a county, group of counties, or cities with populations over four hundred thousand in coordination with the recommendations of the local medical community and local emergency medical services and trauma care council.
(5) The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of certificates, and the disciplining of certificate holders under this section. The secretary shall be the disciplining authority under this section. Disciplinary action shall be initiated against a person credentialed under this chapter in a manner consistent with the responsibilities and duties of the medical program director under whom such person is responsible.
(6) Such activities of ((physician['s])) physician's trained emergency medical service intermediate life support technicians and paramedics shall be limited to actions taken under the express written or oral order of medical program directors and shall not be construed at any time to include free standing or nondirected actions, for actions not presenting an emergency or life-threatening condition.
Sec. 56. RCW 18.71.400 and 1993 c 367 s 18 are each amended to read as follows:
There is hereby levied to be collected by the department of health from every physician and surgeon licensed pursuant to chapter 18.71 RCW and every physician assistant licensed pursuant to chapter 18.71A RCW ((an annual)) a medical disciplinary assessment equal to the license renewal fee established by the secretary under RCW 43.70.250 and 43.70.280. The assessment levied pursuant to this section is in addition to any license renewal fee ((established under RCW 43.70.250)).
Sec. 57. RCW 18.71A.020 and 1994 sp.s. c 9 s 319 are each amended to read as follows:
(1) The commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the commission and eligibility to take an examination approved by the commission, if the examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. Physician assistants licensed by the board of medical examiners as of June 7, 1990, shall continue to be licensed.
(2)(a) The commission shall adopt rules governing the extent to which:
(i) Physician assistant students may practice medicine during training; and
(ii) Physician assistants may practice after successful completion of a physician assistant training course.
(b) Such rules shall provide:
(i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she is trained; and
(ii) That each physician assistant shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician or physicians at the place where services are rendered.
(3) Applicants for licensure shall file an application with the commission on a form prepared by the secretary with the approval of the commission, detailing the education, training, and experience of the physician assistant and such other information as the commission may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. Each applicant shall furnish proof satisfactory to the commission of the following:
(a) That the applicant has completed an accredited physician assistant program approved by the commission and is eligible to take the examination approved by the commission;
(b) That the applicant is of good moral character; and
(c) That the applicant is physically and mentally capable of practicing medicine as a physician assistant with reasonable skill and safety. The commission may require an applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical or mental capability, or both, to safely practice as a physician assistant.
(4) The commission may approve, deny, or take other disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW. The license shall be renewed ((on a periodic basis as determined by the secretary under RCW 43.70.280, upon payment of a fee determined by the secretary as provided in RCW 43.70.250, and submission of a completed renewal application, in addition to any late renewal penalty fees as determined by the secretary as provided in RCW 43.70.250)) as determined under RCW 43.70.250 and 43.70.280. The commission may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.
Sec. 58. RCW 18.71A.040 and 1994 sp.s. c 9 s 321 are each amended to read as follows:
(1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the commission.
(2) Prior to commencing practice, a physician assistant licensed in this state shall apply to the commission for permission to be employed or supervised by a physician or physician group. The practice arrangement plan shall be jointly submitted by the physician or physician group and physician assistant. ((The secretary may charge a fee as provided in RCW 43.70.250 to recover the cost for the plan review)) Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280. The practice arrangement plan shall delineate the manner and extent to which the physician assistant would practice and be supervised. Whenever a physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan, the ((medical disciplinary board [commission])) commission may take disciplinary action under chapter 18.130 RCW.
Sec. 59. RCW 18.74.050 and 1991 c 3 s 178 are each amended to read as follows:
The secretary shall furnish a license upon the authority of the board to any person who applies and who has qualified under the provisions of this chapter. At the time of applying, the applicant shall ((pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250)) comply with administrative procedures, administrative requirements, and fees established pursuant to RCW 43.70.250 and 43.70.280. No person registered or licensed on July 24, 1983, as a physical therapist shall be required to pay an additional fee for a license under this chapter.
Sec. 60. RCW 18.74.060 and 1991 c 3 s 179 are each amended to read as follows:
Upon the recommendation of the board, the secretary shall license as a physical therapist and shall furnish a license to any person who is a physical therapist registered or licensed under the laws of another state or territory, or the District of Columbia, if the qualifications for such registration or license required of the applicant were substantially equal to the requirements under this chapter. At the time of making application, the applicant shall ((pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250)) comply with administrative procedures, administrative requirements, and fees established pursuant to RCW 43.70.250 and 43.70.280.
Sec. 61. RCW 18.74.070 and 1991 c 3 s 180 are each amended to read as follows:
Every licensed physical therapist shall apply to the secretary for a renewal of the license and pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. ((The license of a physical therapist who fails to renew the license within thirty days of the date set by the secretary for renewal shall automatically lapse. Within three years from the date of lapse and upon the recommendation of the board, the secretary may revive a lapsed license upon the payment of all past unpaid renewal fees and a penalty fee to be determined by the secretary. The board may require reexamination of an applicant whose license has lapsed for more than three years and who has not continuously engaged in lawful practice in another state or territory, or waive reexamination in favor of evidence of continuing education satisfactory to the board.))
Sec. 62. RCW 18.79.200 and 1994 sp.s. c 9 s 420 are each amended to read as follows:
An applicant for a license to practice as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse shall comply with administrative procedures, administrative requirements, and ((pay a fee)) fees as determined ((by the secretary)) under RCW 43.70.250 ((to the state treasurer)) and 43.70.280.
Sec. 63. RCW 18.79.210 and 1994 sp.s. c 9 s 421 are each amended to read as follows:
A license issued under this chapter((, whether in an active or inactive status,)) must be renewed, except as provided in this chapter. The licensee shall ((send the renewal form to the department with a renewal fee,)) comply with administrative procedures, administrative requirements, and fees as determined ((by the secretary)) under RCW 43.70.250((, before the expiration date. Upon receipt of the renewal form and the appropriate fee, the department shall issue the licensee a license, which declares the holder to be a legal practitioner of registered nursing, advanced registered nursing practice, or licensed practical nursing, as appropriate, in either active or inactive status, for the period of time stated on the license)) and 43.70.280.
Sec. 64. RCW 18.83.060 and 1991 c 3 s 197 are each amended to read as follows:
((Each applicant for a license shall file with the secretary an application duly verified, in such form and setting forth such information as the board shall prescribe. An application fee determined by the secretary as provided in RCW 43.70.250 shall accompany each application)) Administrative procedures, administrative requirements, and fees for applications and examinations shall be established as provided in RCW 43.70.250 and 43.70.280.
Sec. 65. RCW 18.83.072 and 1995 c 198 s 12 are each amended to read as follows:
(1) Examination of applicants shall be held in Olympia, Washington, or at such other place as designated by the secretary, at least annually at such times as the board may determine.
(2) Any applicant shall have the right to discuss with the board his or her performance on the examination.
(3) Any applicant who fails to make a passing grade on the examination may be allowed to retake the examination. Any applicant who fails the examination a second time must obtain special permission from the board to take the examination again.
(4) ((The reexamination fee shall be the same as the application fee set forth in RCW 18.83.060.
(5))) The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.
Sec. 66. RCW 18.83.080 and 1991 c 3 s 199 are each amended to read as follows:
((Upon forwarding to the secretary by)) The board ((of)) shall forward to the secretary the name of each applicant entitled to a license under this chapter((,)). The secretary shall promptly issue to such applicant a license authorizing such applicant to use the title "psychologist" ((for a period of one year. Said license shall be in such form as the secretary shall determine)). Each licensed psychologist shall keep his or her license displayed in a conspicuous place in his or her principal place of business.
Sec. 67. RCW 18.83.082 and 1984 c 279 s 82 are each amended to read as follows:
(((1) A valid receipt for an initial application for license hereunder, provided the applicant meets the requirements of RCW 18.83.070 (1), (2), and (3), shall constitute a temporary permit to practice psychology until the board completes action on the application. The board must complete action within one year of the date such receipt is issued.
(2))) A person, not licensed in this state, who wishes to perform practices under the provisions of this chapter for a period not to exceed ninety days within a calendar year, must petition the board for a temporary permit to perform such practices. If the person is licensed or certified in another state deemed by the board to have standards equivalent to this chapter, a permit may be issued. No fee shall be charged for such temporary permit.
Sec. 68. RCW 18.83.090 and 1991 c 3 s 200 are each amended to read as follows:
The board shall establish rules governing mandatory continuing education requirements which shall be met by any psychologist applying for a license renewal. ((Each licensed psychologist shall pay to the health professions account, created in RCW 43.70.320, annually, at such time as determined by the board, an annual license renewal fee determined by the secretary under RCW 43.70.250. Upon receipt of the fee, the secretary shall issue a certificate of renewal in such form as the secretary shall determine)) Administrative procedures, administrative requirements, and fees for renewal and reissue of licenses shall be established as provided in RCW 43.70.250 and 43.70.280.
Sec. 69. RCW 18.83.105 and 1991 c 3 s 201 are each amended to read as follows:
The board may issue certificates of qualification with appropriate title to applicants who meet all the licensing requirements except the possession of the degree of Doctor of Philosophy or its equivalent in psychology from an accredited educational institution. These certificates of qualification certify that the holder has been examined by the board and is deemed competent to perform certain functions within the practice of psychology under the periodic direct supervision of a psychologist licensed by the board. Such functions will be specified on the certificate issued by the board. Such applicant shall ((pay to the board of examiners a fee determined by the secretary as provided in RCW 43.70.250 for certification in a single area of qualification and a fee for amendment of the certificate to include each additional area of qualification)) comply with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280. Upon petition by a holder the board of examiners may grant authority to function without immediate supervision.
Sec. 70. RCW 18.83.170 and 1991 c 3 s 202 are each amended to read as follows:
Upon ((application accompanied by a fee determined by the secretary as provided in RCW 43.70.250)) compliance with administrative procedures, administrative requirements, and fees determined under RCW 43.70.250 and 43.70.280, the board may grant a license, without written examination, to any applicant who has not previously failed any examination held by the board of psychology of the state of Washington and furnishes evidence satisfactory to the board that the applicant:
(1) Holds a doctoral degree with primary emphasis on psychology from an accredited college or university; and
(2) Is licensed or certified to practice psychology in another state or country in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to those required by this chapter and the rules and regulations of the board. Such individuals must have been licensed or certified in another state for a period of at least two years; or
(3) Is a diplomate in good standing of the American Board of Examiners in Professional Psychology.
Sec. 71. RCW 18.84.100 and 1991 c 3 s 211 are each amended to read as follows:
Applications for certification must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the determination of whether the applicant meets the requirements for certification provided for in this chapter and chapter 18.130 RCW. Each applicant shall ((pay a fee)) comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 ((which shall accompany the application)) and 43.70.280.
Sec. 72. RCW 18.84.110 and 1994 sp.s. c 9 s 509 are each amended to read as follows:
The secretary shall establish ((by rule)) the administrative procedures, administrative requirements, and fees for renewal of certificates as provided in RCW 43.70.250 and 43.70.280. ((Failure to renew invalidates the certificate and all privileges granted by the certificate. In the event a certificate has lapsed for a period longer than three years, the certificant shall demonstrate competence to the satisfaction of the secretary by continuing education or under the other standards determined by the secretary.))
Sec. 73. RCW 18.84.120 and 1991 c 222 s 4 are each amended to read as follows:
The secretary may issue a registration to an applicant who submits, on forms provided by the department, the applicant's name, the address, occupational title, name and location of business where applicant performs his or her services, and other information as determined by the secretary, including information necessary to determine whether there are grounds for denial of registration under this chapter or chapter 18.130 RCW. Each applicant shall pay a fee as determined by the secretary as provided in RCW 43.70.250 and 43.70.280. The secretary shall establish ((by rule)) the ((procedural)) administrative procedures, administrative requirements, and fees for registration and for renewal of registrations as provided in RCW 43.70.250 and 43.70.280.
Sec. 74. RCW 18.88A.120 and 1991 c 16 s 14 are each amended to read as follows:
Applications for registration and certification shall be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration and certification credentialing provided for in this chapter and chapter ((18.120)) 18.130 RCW. Each applicant shall ((pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application)) comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 75. RCW 18.88A.130 and 1994 sp.s. c 9 s 715 are each amended to read as follows:
((The secretary shall establish by rule the procedural requirements and fees for renewal of a registration or certificate. Failure to renew shall invalidate the credential and all privileges granted by the credential. If a certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the commission by taking continuing education courses, or meeting other standards determined by the commission)) Registrations and certifications shall be renewed according to administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 76. RCW 18.89.110 and 1991 c 3 s 234 are each amended to read as follows:
(1) The date and location of the examination shall be established by the secretary. Applicants who have been found by the secretary to meet the other requirements for certification shall be scheduled for the next examination following the filing of the application. However, the applicant shall not be scheduled for any examination taking place sooner than sixty days after the application is filed.
(2) The secretary shall examine each applicant, by means determined most effective, on subjects appropriate to the scope of practice. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently, and shall meet generally accepted standards of fairness and validity for certification examinations.
(3) All examinations shall be conducted by the secretary, and all grading of the examinations shall be under fair and wholly impartial methods.
(4) Any applicant who fails to make the required grade in the first examination is entitled to take up to three subsequent examinations, upon ((the prepayment of a fee determined by the secretary as provided in RCW 43.70.250 for each subsequent examination. Upon failure of four examinations, the secretary may invalidate the original application)) compliance with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280 and ((require)) such remedial education as is deemed necessary.
(5) The secretary may approve an examination prepared and administered by a private testing agency or association of credentialing boards for use by an applicant in meeting the certification requirement.
Sec. 77. RCW 18.89.120 and 1991 c 3 s 235 are each amended to read as follows:
Applications for certification shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for certification provided in this chapter and chapter 18.130 RCW. All ((applications)) applicants shall ((be accompanied by a fee)) comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 78. RCW 18.89.140 and 1991 c 3 s 237 are each amended to read as follows:
((The secretary shall establish by rule the requirements and fees for renewal of certificates. Failure to renew shall invalidate the certificate and all privileges granted by the certificate. In the event a certificate has lapsed for a period longer than three years, the certified respiratory care practitioner shall demonstrate competence to the satisfaction of the secretary by continuing education or under the other standards determined by the secretary)) Certificates shall be renewed according to administrative procedures, administrative requirements , and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 79. RCW 18.92.140 and 1993 c 78 s 6 are each amended to read as follows:
Each person now qualified to practice veterinary medicine, surgery, and dentistry, registered as an animal technician, or registered as a veterinary medication clerk in this state or who becomes licensed or registered to engage in practice shall ((register with the secretary of health annually or on the date prescribed by the secretary and pay the renewal registration fee set by the secretary as provided in RCW 43.70.250. A person who fails to renew a license or certificate before its expiration is subject to a late renewal fee equal to one-third of the regular renewal fee set by the secretary)) comply with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 80. RCW 18.92.145 and 1993 c 78 s 7 are each amended to read as follows:
((The secretary shall determine the)) Administrative procedures, administrative requirements, and fees((,)) shall be established as provided in RCW 43.70.250((,)) and 43.70.280 for the issuance, renewal, or administration of the following licenses, certificates of registration, permits, duplicate licenses, renewals, or examination:
(1) For a license to practice veterinary medicine, surgery, and dentistry issued upon an examination given by the examining board;
(2) For a license to practice veterinary medicine, surgery, and dentistry issued upon the basis of a license issued in another state;
(3) For a certificate of registration as an animal technician;
(4) For a certificate of registration as a veterinary medication clerk;
(5) For a temporary permit to practice veterinary medicine, surgery, and dentistry. The temporary permit fee shall be accompanied by the full amount of the examination fee; and
(6) For a license to practice specialized veterinary medicine.
Sec. 81. RCW 18.108.060 and 1991 c 3 s 256 are each amended to read as follows:
((All licenses issued under the provisions of this chapter, unless otherwise provided shall expire on the annual anniversary date of the individual's date of birth.
The secretary shall prorate the licensing fee for massage practitioner based on one-twelfth of the annual license fee for each full calendar month between the issue date and the next anniversary of the applicant's birth date, a date used as the expiration date of such license.
Every applicant for a license shall pay an examination fee determined by the secretary as provided in RCW 43.70.250, which fee shall accompany their application. Applications for licensure shall be submitted on forms provided by the secretary.
Applicants granted a license under this chapter shall pay to the secretary a license fee determined by the secretary as provided in RCW 43.70.250, prior to the issuance of their license, and an annual renewal fee determined by the secretary as provided in RCW 43.70.250. Failure to renew shall invalidate the license and all privileges granted to the licensee, but such license may be reinstated upon written application to the secretary and payment to the state of all delinquent fees and penalties as determined by the secretary. In the event a license has lapsed for a period longer than three years, the licensee shall demonstrate competence to the satisfaction of the secretary by proof of continuing education or other standard determined by the secretary with the advice of the board)) Each applicant and license holder shall comply with administrative procedures, administrative requirements, and fees set by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 82. RCW 18.135.050 and 1991 c 3 s 274 are each amended to read as follows:
(1) Any health care facility may certify a health care assistant to perform the functions authorized in this chapter in that health care facility; and any health care practitioner may certify a health care assistant capable of performing such services in any health care facility, or in his or her office, under a health care practitioner's supervision. Before certifying the health care assistant, the health care facility or health care practitioner shall verify that the health care assistant has met the minimum requirements established by the secretary under this chapter. These requirements shall not prevent the certifying entity from imposing such additional standards as the certifying entity considers appropriate. The health care facility or health care practitioner shall provide the licensing authority with a certified roster of health care assistants who are certified.
(2) Certification and recertification of a health care assistant shall be effective for a period ((of two years. Recertification is required at the end of this period)) determined by the secretary under RCW 43.70.250 and 43.70.280. Requirements for recertification shall be ((established by rule)) determined by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 83. RCW 18.135.055 and 1991 c 3 s 275 are each amended to read as follows:
The health care facility or health care practitioner registering an initial or continuing certification pursuant to the provisions of this chapter shall ((pay a)) comply with administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
All fees collected under this section shall be credited to the health professions account as required in RCW 43.70.320.
Sec. 84. RCW 18.138.040 and 1991 c 3 s 281 are each amended to read as follows:
(1) If the applicant meets the qualifications as outlined in RCW 18.138.030(2), the secretary shall confer on such candidates the title certified dietitian.
(2) If the applicant meets the qualifications as outlined in RCW 18.138.030(4), the secretary shall confer on such candidates the title certified nutritionist.
(3) ((The application fee in an amount determined by the secretary shall accompany the application)) Applicants for certification as a certified dietitian or certified nutritionist shall comply with administrative procedures, administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280.
Sec. 85. RCW 18.138.060 and 1991 c 3 s 283 are each amended to read as follows:
(1) Every person certified as a certified dietitian or certified nutritionist shall ((pay a renewal registration fee determined by the secretary as provided in RCW 43.70.250. The certificate of the person shall be renewed for a period of one year or longer at the discretion of the secretary)) renew the certification according to administrative procedures, administrative requirements, and fees determined by the secretary as provided in RCW 43.70.250 and 43.70.280.
(2) ((Any failure to register and pay the annual renewal registration fee shall render the certificate invalid. The certificate shall be reinstated upon: (a) Written application to the secretary; (b) payment to the state of a penalty fee determined by the secretary; and (c) payment to the state of all delinquent annual certificate renewal fees.
(3) Any person who fails to renew his or her certification for a period of three years shall not be entitled to renew such certification under this section. Such person, in order to obtain a certification as a certified dietitian or certified nutritionist in this state, shall file a new application under this chapter, along with the required fee, and shall meet all requirements as the secretary provides.
(4))) All fees collected under this section shall be credited to the health professions account as required.
Sec. 86. RCW 18.155.040 and 1990 c 3 s 804 are each amended to read as follows:
In addition to any other authority provided by law, the secretary shall have the following authority:
(1) To set ((all)) administrative procedures, administrative requirements, and fees ((required in this chapter)) in accordance with RCW 43.70.250 and 43.70.280;
(2) To establish forms necessary to administer this chapter;
(3) To issue a certificate to any applicant who has met the education, training, and examination requirements for certification and deny a certificate to applicants who do not meet the minimum qualifications for certification. Proceedings concerning the denial of certificates based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) To hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals including those certified under this chapter to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) To maintain the official department record of all applicants and certifications;
(6) To conduct a hearing on an appeal of a denial of a certificate on the applicant's failure to meet the minimum qualifications for certification. The hearing shall be conducted pursuant to chapter 34.05 RCW;
(7) To issue subpoenas, statements of charges, statements of intent to deny certificates, and orders and to delegate in writing to a designee the authority to issue subpoenas, statements of charges, and statements of intent to deny certificates;
(8) To determine the minimum education, work experience, and training requirements for certification, including but not limited to approval of educational programs;
(9) To prepare and administer or approve the preparation and administration of examinations for certification;
(10) To establish by rule the procedure for appeal of an examination failure;
(11) To adopt rules implementing a continuing competency program;
(12) To adopt rules in accordance with chapter 34.05 RCW as necessary to implement this chapter.
Sec. 87. RCW 18.155.080 and 1990 c 3 s 808 are each amended to read as follows:
The secretary shall establish ((by rule)) standards and procedures for approval of the following:
(1) Educational programs and alternate training;
(2) Examination procedures;
(3) Certifying applicants who have a comparable certification in another jurisdiction;
(4) Application method and forms;
(5) Requirements for renewals of certificates;
(6) Requirements of certified sex offender treatment providers who seek inactive status;
(7) Other rules, policies, administrative procedures, and administrative requirements as appropriate to carry out the purposes of this chapter.
Sec. 88. RCW 42.17.310 and 1995 c 267 s 6 are each amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying ((if the provider has provided the department with an accurate alternative or business address and telephone number)) unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
NEW SECTION. Sec. 89. A new section is added to chapter 43.70 RCW to read as follows:
The legislature finds that domestic violence is the leading cause of injury among women and is linked to numerous health problems, including depression, abuse of alcohol and other drugs, and suicide. Despite the frequency of medical attention, few people are diagnosed as victims of spousal abuse. The department, in consultation with the disciplinary authorities as defined in RCW 18.130.040, shall establish, within available department general funds, an ongoing domestic violence education program as an integral part of its health professions regulation. The purpose of the education program is to raise awareness and educate health care professionals regarding the identification, appropriate treatment, and appropriate referral of victims of domestic violence. The disciplinary authorities having the authority to offer continuing education may provide training in the dynamics of domestic violence. No funds from the health professions account may be utilized to fund activities under this section unless the disciplinary authority authorizes expenditures from its proportions of the account. A disciplinary authority may defray costs by authorizing a fee to be charged for participants or materials relating to any sponsored program.
NEW SECTION. Sec. 90. The following acts or parts of acts are each repealed:
(1) RCW 18.30.110 and 1995 c 198 s 22 & 1995 c 1 s 12 (Initiative Measure No. 607);
(2) RCW 18.32.120 and 1994 sp.s. c 9 s 214, 1991 c 3 s 64, 1989 c 202 s 20, 1985 c 7 s 24, 1975 1st ex.s. c 30 s 28, 1969 c 49 s 2, 1957 c 52 s 30, & 1953 c 93 s 5;
(3) RCW 18.53.055 and 1955 c 275 s 2;
(4) RCW 18.64A.065 and 1991 c 229 s 10;
(5) RCW 18.79.220 and 1994 sp.s. c 9 s 422; and
(6) RCW 18.83.100 and 1994 c 35 s 3, 1986 c 27 s 5, 1965 c 70 s 10, & 1955 c 305 s 10.
NEW SECTION. Sec. 91. By December 31, 1997, the secretary shall report to the appropriate standing committees of the legislature on the implementation of this act and, after consulting with board and commission members and representatives of health professional associations, shall make recommendations about the extent authority to establish administrative procedures and administrative requirements should continue to be vested with the secretary."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the Committee on Health and Long-Term Care striking amendment to Substitute House Bill No. 2151.
The motion by Senator Quigley carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator Quigley, the following title amendment was adopted:
On page 1, line 2 of the title, after "professionals;" strike the remainder of the title and insert "amending RCW 43.70.250, 43.70.280, 18.06.120, 18.19.070, 18.19.100, 18.19.170, 18.22.120, 18.25.020, 18.25.070, 18.29.021, 18.29.071, 18.30.120, 18.30.130, 18.32.110, 18.32.170, 18.32.180, 18.32.220, 18.34.120, 18.35.060, 18.35.080, 18.35.090, 18.36A.130, 18.36A.140, 18.50.050, 18.50.102, 18.52.110, 18.52.130, 18.52C.030, 18.53.050, 18.53.070, 18.55.030, 18.55.040, 18.55.050, 18.57.035, 18.57.045, 18.57.050, 18.57.080, 18.57A.020, 18.71A.040, 18.59.110, 18.64.040, 18.64.043, 18.64.045, 18.64.046, 18.64.047, 18.64.140, 18.64.205, 18.64.310, 18.64A.030, 18.64A.060, 18.71.080, 18.71.085, 18.71.095, 18.71.205, 18.71.400, 18.71A.020, 18.71A.040, 18.74.050, 18.74.060, 18.74.070, 18.79.200, 18.79.210, 18.83.060, 18.83.072, 18.83.080, 18.83.082, 18.83.090, 18.83.105, 18.83.170, 18.84.100, 18.84.110, 18.84.120, 18.88A.120, 18.88A.130, 18.89.110, 18.89.120, 18.89.140, 18.92.140, 18.92.145, 18.108.060, 18.135.050, 18.135.055, 18.138.040, 18.138.060, 18.155.040, 18.155.080, and 42.17.310; reenacting and amending RCW 18.57.130; adding a new section to chapter 43.70 RCW; creating a new section; and repealing RCW 18.30.110, 18.32.120, 18.53.055, 18.64A.065, 18.79.220, and 18.83.100."
On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 2151, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2151, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2151, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 4; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45.
Absent: Senators Finkbeiner, Johnson, Roach and Zarelli - 4.
SUBSTITUTE HOUSE BILL NO. 2151, as amended by the Senate, 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
On motion of Senator Wood, Senator Johnson was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2520, by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and Scott) (by request of Washington State Patrol)
Extending terminal safety audit fees to vehicles operating under the International Registration Plan.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2520 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2520.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2520 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator Johnson - 1.
SUBSTITUTE HOUSE BILL NO. 2520, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2498, by House Committee on Commerce and Labor (originally sponsored by Representatives Cairnes, Romero, Hymes and Cody) (by request of Department of Labor and Industries)
Providing uniform construction trade administrative procedures.
The bill was read the second time.
MOTIONS
On motion of Senator Pelz, the following Labor, Commerce and Trade amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.27.030 and 1992 c 217 s 1 are each amended to read as follows:
(1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the director and which shall include the following information pertaining to the applicant:
(a) Employer social security number.
(b) As applicable: (i) The industrial insurance account number covering employees domiciled in Washington; and (ii) evidence of workers' compensation coverage in the applicant's state of domicile for the applicant's employees working in Washington who are not domiciled in Washington.
(c) Employment security department number.
(d) State excise tax registration number.
(e) Unified business identifier (UBI) account number may be substituted for the information required by (b), (c), and (d) of this subsection.
(f) Type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty.
(g) The name and address of each partner if the applicant be a firm or partnership, or the name and address of the owner if the applicant be an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant be a corporation. The information contained in such application shall be a matter of public record and open to public inspection.
(2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(b) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.
(3) Registration shall be denied if the applicant has been previously registered as a sole proprietor, partnership, or corporation, and was a principal or officer of the corporation, and if the applicant has an unsatisfied final judgment ((in an action)) based on ((RCW 18.27.040)) this chapter that was incurred during a previous registration under this chapter.
Sec. 2. RCW 18.27.100 and 1993 c 454 s 3 are each amended to read as follows:
(1) Except as provided in RCW 18.27.065 for partnerships and joint ventures, no person who has registered under one name as provided in this chapter shall engage in the business, or act in the capacity, of a contractor under any other name unless such name also is registered under this chapter.
(2) All advertising and all contracts, correspondence, cards, signs, posters, papers, and documents which show a contractor's name or address shall show the contractor's name or address as registered under this chapter.
(3)(((a) The alphabetized listing of contractors appearing in the advertising section of telephone books or other directories and)) All advertising that shows the contractor's name or address shall show the contractor's current registration number. The registration number may be omitted in an alphabetized listing of registered contractors stating only the name, address, and telephone number: PROVIDED, That signs on motor vehicles subject to RCW 46.16.010 and on-premise signs shall not constitute advertising as provided in this section. All materials used to directly solicit business from retail customers who are not businesses shall show the contractor's current registration number. A contractor shall not use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required. Advertising by airwave transmission shall not be subject to this subsection if the person selling the advertisement obtains the contractor's current registration number from the contractor.
(((b) A person selling advertising should not accept advertisements for which the contractor registration number is required under (a) of this subsection if the contractor fails to provide the contractor registration number.))
(4) No contractor shall advertise that he or she is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter.
(5) A contractor shall not falsify a registration number and use it in connection with any solicitation or identification as a contractor. All individual contractors and all partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses at all times while engaged in the business or capacity of a contractor or activities related thereto.
(6)(a) The finding of a violation of this section by the director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the person committing the violation to a penalty of not more than five thousand dollars as determined by the director.
(b) Penalties under this section shall not apply to a violation determined to be an inadvertent error.
Sec. 3. RCW 18.106.100 and 1977 ex.s. c 149 s 9 are each amended to read as follows:
(1) The department may revoke ((any)) or suspend a certificate of competency ((upon)) for any of the following ((grounds)) reasons:
(a) The certificate was obtained through error or fraud;
(b) The certificate holder ((thereof)) is judged to be incompetent to carry on the trade of plumbing as a journeyman plumber or specialty plumber;
(c) The certificate holder ((thereof)) has violated any ((of the)) provision((s)) of this chapter or any rule ((or regulation promulgated thereto)) adopted under this chapter.
(2) Before ((any)) a certificate of competency ((shall be)) is revoked or suspended, the ((holder thereof shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to said holder's last known address. Said)) department shall send written notice by registered mail with return receipt requested to the certificate holder's last known address. The notice ((shall enumerate)) must list the allegations against ((such)) the certificate holder((,)) and ((shall)) give him or her the opportunity to request a hearing before the advisory board. At ((such)) the hearing, the department and the certificate holder ((shall)) have opportunity to produce witnesses and give testimony. The hearing ((shall)) must be conducted in accordance with ((the provisions of)) chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented((,)) and shall notify the parties immediately upon reaching its decision. A majority of the board ((shall be)) is necessary to render a decision.
(3) The department may deny renewal of a certificate of competency issued under this chapter if the applicant owes outstanding penalties for a final judgment under this chapter. The department shall notify the applicant of the denial by registered mail, return receipt requested, to the address on the application. The applicant may appeal the denial within twenty days by filing a notice of appeal with the department accompanied by a certified check for two hundred dollars which shall be returned to the applicant if the decision of the department is not upheld by the hearings officer. The office of administrative hearings shall conduct the hearing under chapter 34.05 RCW. If the hearings officer sustains the decision of the department, the two hundred dollars must be applied to the cost of the hearing.
Sec. 4. RCW 18.106.180 and 1994 c 174 s 3 are each amended to read as follows:
An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020(3) if a person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of having a certificate or permit issued by the department in accordance with this
chapter or of being supervised by a person who has such a certificate or permit. A notice of infraction issued under this section shall be personally served
on the person named in the notice by an authorized representative of the department or sent by certified mail to the last known address provided to the department of the person named in the notice.
Sec. 5. RCW 18.106.200 and 1994 c 174 s 5 are each amended to read as follows:
A violation designated as an infraction under this chapter shall be heard and determined by an administrative law judge of the office of administrative hearings. If a party desires to contest the notice of infraction, the party shall file a notice of appeal with the department within ((fourteen)) twenty days of issuance of the infraction. The administrative law judge shall conduct hearings in these cases at locations in the county where the infraction is alleged to have occurred.
Sec. 6. RCW 19.28.123 and 1988 c 81 s 5 are each amended to read as follows:
It shall be the purpose and function of the board to establish, in addition to a general electrical contractors' license, such classifications of specialty electrical contractors' licenses as it deems appropriate with regard to individual sections pertaining to state adopted codes in this chapter ((19.28 RCW)). In addition, it shall be the purpose and function of the board to establish and administer written examinations for general electrical ((contractors' qualifying)) administrators' certificates and the various specialty electrical ((contractors' qualifying)) administrators' certificates. Examinations shall be designed to reasonably insure that general and specialty electrical ((contractor's qualifying)) administrators' certificate holders are competent to engage in and supervise the work covered by this statute and their respective licenses. The examinations shall include questions from the following categories to assure proper safety and protection for the general public: (1) Safety, (2) state electrical code, and (3) electrical theory. The department with the consent of the board shall be permitted to enter into a contract with a professional testing agency to develop, administer, and score these examinations. The fee for the examination may be set by the department in its contract with the professional testing agency. The department may direct that the applicant pay the fee to the professional testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination. It shall be the further purpose and function of this board to advise the director as to the need of additional electrical inspectors and compliance officers to be utilized by the director on either a full-time or part-time employment basis and to carry out the duties enumerated in RCW 19.28.510 through 19.28.620 as well as generally advise the department on all matters relative to RCW 19.28.510 through 19.28.620.
Sec. 7. RCW 19.28.350 and 1988 c 81 s 12 are each amended to read as follows:
Any person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.360 shall be assessed a penalty of not less than fifty dollars or more than ten thousand dollars. The department shall set by rule a schedule of penalties for violating RCW 19.28.010 through 19.28.360. The department shall notify the person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.360 of the amount of the penalty and of the specific violation by certified mail, return receipt requested, sent to the last known address of the assessed party. Any penalty is subject to review by an appeal to the board. The filing of an appeal stays the effect of the penalty until the board makes its decision. The appeal shall be filed within ((fifteen)) twenty days after notice of the penalty is given to the assessed party by certified mail, return receipt requested, sent to the last known address of the assessed party and shall be made by filing a written notice of appeal with the department. The notice shall be accompanied by a certified check for two hundred dollars, which shall be returned to the assessed party if the decision of the department is not sustained by the board. If the board sustains the decision of the department, the two hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the board incurred in the matter, and any balance remaining after payment of per diem and expenses shall be paid into the electrical license fund. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW. The board shall assign its hearings to an administrative law judge to conduct the hearing and issue a proposed decision and order. The board shall be allowed a minimum of twenty days to review a proposed decision and shall issue its decision no later than the next regularly scheduled board meeting.
Sec. 8. RCW 19.28.540 and 1988 c 81 s 14 are each amended to read as follows:
The department, in coordination with the board, shall prepare an examination to be administered to applicants for journeyman and specialty certificates of competency. The examination shall be constructed to determine:
(1) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the status of journeyman electrician or specialty electrician; and
(2) Whether the applicant is sufficiently familiar with the applicable electrical codes and the rules of the department pertaining to electrical installations and electricians.
The department shall, at least four times annually, administer the examination to persons eligible to take it under RCW 19.28.530. A person may take the journeyman or specialty test as many times as necessary without limit. All applicants shall, before taking the examination, pay ((to the department an)) the required examination fee((. The department shall set the fee by rule)) to the agency administering the examination. The fee shall cover but not exceed the costs of preparing and administering the examination.
The department shall certify the results of the examination upon such terms and after such a period of time as the department, in cooperation with the board, deems necessary and proper.
(3) The department upon the consent of the board may enter into a contract with a professional testing agency to develop, administer, and score journeyman and/or specialty electrician certification examinations. The department may set the examination fee by contract with the professional testing agency.
Sec. 9. RCW 19.28.620 and 1988 c 81 s 16 are each amended to read as follows:
(1) It is unlawful for any person, firm, partnership, corporation, or other entity to employ an individual for purposes of RCW 19.28.510 through 19.28.620 who has not been issued a certificate of competency or a training certificate. It is unlawful for any individual to engage in the electrical construction trade or to maintain or install any electrical equipment or conductors without having in his or her possession a certificate of competency or a training certificate under RCW 19.28.510 through 19.28.620. Any person, firm, partnership, corporation, or other entity found in violation of RCW 19.28.510 through 19.28.620 shall be assessed a penalty of not less than fifty dollars or more than five hundred dollars. The department shall set by rule a schedule of penalties for violating RCW 19.28.510 through 19.28.620. An appeal may be made to the board as is provided in RCW 19.28.350. The appeal shall be filed within ((fifteen)) twenty days after the notice of the penalty is given to the assessed party by certified mail, return receipt requested, sent to the last known address of the assessed party and shall be made by filing a written notice of appeal with the department. Any equipment maintained or installed by any person who does not possess a certificate of competency under RCW 19.28.510 through 19.28.620 shall not receive an electrical work permit and electrical service shall not be connected or maintained to operate the equipment. Each day that a person, firm, partnership, corporation, or other entity violates ((the provisions of)) RCW 19.28.510 through 19.28.620 is a separate violation.
(2) A civil penalty shall be collected in a civil action brought by the attorney general in the county wherein the alleged violation arose at the request of the department if any of ((the provisions of)) RCW 19.28.510 through 19.28.620 or any rules ((promulgated)) adopted under RCW 19.28.510 through 19.28.620 are violated.
NEW SECTION. Sec. 10. Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Pelz, the following title amendment was adopted:
On page 1, line 2 of the title, after "procedures;" strike the remainder of the title and insert "amending RCW 18.27.030, 18.27.100, 18.106.100, 18.106.180, 18.106.200, 19.28.123, 19.28.350, 19.28.540, and 19.28.620; and declaring an emergency."
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2498, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2498, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2498, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 2498, as amended by the Senate, 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
On motion of Senator Anderson, Senator Zarelli was excused.
SECOND READING
HOUSE BILL NO. 2495, by Representatives Brumsickle and Cole (by request of Department of Social and Health Services)
Revising educational program for juveniles in detention facilities.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, House Bill No. 2495 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2495.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2495 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.
Absent: Senator Morton - 1.
Excused: Senator Zarelli - 1.
HOUSE BILL NO. 2495, 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.
SECOND READING
HOUSE BILL NO. 2789, by Representatives Van Luven, Sheldon, Schoesler, Morris, Silver, Ogden, Thompson, Blanton, Patterson, Tokuda, Romero, Conway, Cole and Poulsen (by request of Governor Lowry)
Simplifying tax reporting and registration requirements for small businesses.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 2789 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2789.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2789 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 48.
Excused: Senator Zarelli - 1.
HOUSE BILL NO. 2789, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2755, by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Sheldon, Silver and Hatfield) (by request of Department of Community, Trade, and Economic Development)
Promoting economic development.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 2755 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2755.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2755 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 2755, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2730, by House Committee on Transportation (originally sponsored by Representatives McMahan, Sterk and K. Schmidt) (by request of Transportation Improvement Board)
Adjusting deductions to the city hardship assistance account.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 2730 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2730.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2730 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 2730, 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 2:56 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:29 p.m. by President Pritchard.
SECOND READING
ENGROSSED HOUSE BILL NO. 2735, by Representatives Dyer, D. Sommers, Sherstad and Scheuerman
Exempting from certificate of need review certain nursing facilities that undertake renovations.
The bill was read the second time.
MOTION
On motion of Senator Quigley, the rules were suspended, Engrossed House Bill No. 2735 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2735.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2735 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 47.
Absent: Senators McDonald and West - 2.
ENGROSSED HOUSE BILL NO. 2735, 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
On motion of Senator Anderson, Senators Johnson and McDonald were excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2444, by House Committee on Natural Resources (originally sponsored by Representatives Brumsickle, Chappell, Buck, Cairnes, Sheldon, Honeyford, McMorris, Morris, Kessler, Delvin, Basich, Fuhrman, Regala, Schoesler, Mastin, Elliot, Johnson, D. Sommers, Boldt, Thompson and McMahan)
Amending the forest practice act of 1974 regarding federally approved habitat conservation plans.
The bill was read the second time.
MOTION
Senator Drew moved that the following Committee on Natural Resources amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 76.09 RCW to read as follows:
Forest practices consistent with a habitat conservation plan approved prior to the effective date of this act, by the secretary of the interior or commerce under 16 U.S.C. Sec. 1531 et seq., and the endangered species act of 1973 as amended, are exempt from rules and policies under this chapter, provided the proposed forest practices indicated in the application are in compliance with the plan, and provided this exemption applies only to rules and policies adopted primarily for the protection of one or more species, including unlisted species, covered by the plan. Such forest practices are deemed not to have the potential for a substantial impact on the environment but may be found to have the potential for a substantial impact on the environment due to other reasons under RCW 76.09.050.
Nothing in this section is intended to limit the board's rule-making authority under this chapter.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Natural Resources striking amendment to Substitute House Bill No. 2444.
The motion by Senator Drew carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator Drew, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after "plans;" strike the remainder of the title and insert "adding a new section to chapter 76.09 RCW; and declaring an emergency."
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2444, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2444, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2444, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.
Voting nay: Senators Hargrove and Morton - 2.
Absent: Senator Bauer - 1.
Excused: Senators Johnson and McDonald - 2.
SUBSTITUTE HOUSE BILL NO. 2444, as amended by the Senate, 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.
SECOND READING
HOUSE JOINT MEMORIAL NO. 4017, by Representatives Thompson, Fuhrman, Stevens, G. Fisher, Elliot, Sheldon, Cairnes, B. Thomas, Beeksma, Schoesler and Horn
Requesting Congress to control or eradicate nonnative noxious weeds.
The joint memorial was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Joint Memorial No. 4017 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4017.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4017 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46.
Absent: Senator West - 1.
Excused: Senators Johnson and McDonald - 2.
HOUSE JOINT MEMORIAL NO. 4017, having received the constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 2729, by Representatives Sterk and K. Schmidt (by request of Transportation Improvement Board)
Making housekeeping changes in transportation improvement board statutes.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 2729 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2729.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2729 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.
Absent: Senator Quigley - 1.
Excused: Senators Johnson and McDonald - 2.
HOUSE BILL NO. 2729, 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.
SECOND READING
HOUSE BILL NO. 2687, by Representatives Robertson, R. Fisher and K. Schmidt (by request of Department of Transportation)
Revising regulation of vehicle size and load.
The bill was read the second time.
MOTION
Senator Sutherland moved that the following amendment be adopted:
On page 3, beginning on line 3, strike section 2 and insert the following:
"Sec. 2. RCW 3.62.020 and 1995 c 301 s 31 and 1995 c 291 s 5 are each reenacted and amended to read as follows:
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
(2) The county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section ((except certain costs)) to the state treasurer for deposit, except as follows:
(a) Under RCW 43.08.250, certain costs shall be deposited with the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel((. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250)); and
(b) All penalties provided for in RCW 46.44.105(2) shall be deposited with the state treasurer and credited to the motor vehicle fund as provided in RCW 46.44.105(8).
(3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.
Sec. 3. RCW 10.82.070 and 1995 c 292 s 3 are each amended to read as follows:
(1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued.
(2) The county treasurer shall remit monthly thirty-two percent of the money received under this section ((except for certain costs)) to the state treasurer for deposit ((as provided under RCW 43.08.250)) and shall deposit the remainder as provided by law except as follows:
(a) Certain costs as provided under RCW 43.08.250 shall be deposited to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel((.));
(b) All penalties provided for in RCW 46.44.105(2) shall be deposited with the state treasurer and credited to the motor vehicle fund as provided under RCW 46.44.105(8); and
(c) Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
Sec. 4. RCW 46.16.070 and 1994 c 262 s 8 are each amended to read as follows:
(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to the excise tax prescribed in chapter 82.44 RCW and the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight thereof pursuant to the provisions of chapter 46.44 RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHTSCHEDULE A SCHEDULE B
4,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . .$ ((37.00)). . . . . . . . . . . . . . . . $ ((37.00))
74 74
6,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . .$ ((44.00)). . . . . . . . . . . . . . . . $ ((44.00))
88 88
8,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . .$ ((55.00)). . . . . . . . . . . . . . . . $ ((55.00))
110 110
10,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . .$ ((62.00)). . . . . . . . . . . . . . . . $ ((62.00))
124 124
12,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . .$ ((72.00)). . . . . . . . . . . . . . . . $ ((72.00))
144 144
14,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . .$ ((82.00)). . . . . . . . . . . . . . . . $ ((82.00))
164 164
16,000 lbs.. . . . . . . . . . . . . . . . . . . . . . . .$ ((92.00)). . . . . . . . . . . . . . . . $ ((92.00))
184 184
18,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((137.00)). . . . . . . . . . . . . . . $ ((137.00))
274 274
20,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((152.00)). . . . . . . . . . . . . . . $ ((152.00))
304 304
22,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((164.00)). . . . . . . . . . . . . . . $ ((164.00))
328 328
24,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((177.00)). . . . . . . . . . . . . . . $ ((177.00))
354 354
26,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((187.00)). . . . . . . . . . . . . . . $ ((187.00))
374 374
28,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((220.00)). . . . . . . . . . . . . . . $ ((220.00))
440 440
30,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((253.00)). . . . . . . . . . . . . . . $ ((253.00))
506 506
32,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((304.00)). . . . . . . . . . . . . . . $ ((304.00))
608 608
34,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((323.00)). . . . . . . . . . . . . . . $ ((323.00))
646 646
36,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((350.00)). . . . . . . . . . . . . . . $ ((350.00))
700 700
38,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((384.00)). . . . . . . . . . . . . . . $ ((384.00))
768 768
40,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((439.00)). . . . . . . . . . . . . . . $ ((439.00))
878 878
42,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((456.00)). . . . . . . . . . . . . . . $ ((546.00))
912 1,092
44,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((466.00)). . . . . . . . . . . . . . . $ ((556.00))
932 1,112
46,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((501.00)). . . . . . . . . . . . . . . $ ((591.00))
1,002 1,182
48,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((522.00)). . . . . . . . . . . . . . . $ ((612.00))
1,044 1,224
50,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((566.00)). . . . . . . . . . . . . . . $ ((656.00))
1,132 1,312
52,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((595.00)). . . . . . . . . . . . . . . $ ((685.00))
1,190 1,370
54,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((642.00)). . . . . . . . . . . . . . . $ ((732.00))
1,284 1,464
56,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((677.00)). . . . . . . . . . . . . . . $ ((767.00))
1,354 1,534
58,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((704.00)). . . . . . . . . . . . . . . $ ((794.00))
1,408 1,588
60,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((750.00)). . . . . . . . . . . . . . . $ ((840.00))
1,500 1,680
62,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((804.00)). . . . . . . . . . . . . . . $ ((894.00))
1,608 1,788
64,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((822.00)). . . . . . . . . . . . . . . $ ((912.00))
1,644 1,824
66,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((915.00)). . . . . . . . . . . . . .$ ((1,005.00))
1,830 2,010
68,000 lbs.. . . . . . . . . . . . . . . . . . . . . . .$ ((954.00)). . . . . . . . . . . . . .$ ((1,044.00))
1,908 2,088
70,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,027.00)). . . . . . . . . . . . . .$ ((1,117.00))
2,054 2,234
72,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,098.00)). . . . . . . . . . . . . .$ ((1,188.00))
2,196 2,376
74,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,193.00)). . . . . . . . . . . . . .$ ((1,283.00))
2,386 2,566
76,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,289.00)). . . . . . . . . . . . . .$ ((1,379.00))
2,578 2,758
78,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,407.00)). . . . . . . . . . . . . .$ ((1,497.00))
2,814 2,994
80,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,518.00)). . . . . . . . . . . . . .$ ((1,608.00))
3,036 3,216
82,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,623.00)). . . . . . . . . . . . . .$ ((1,713.00))
3,264 3,426
84,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,728.00)). . . . . . . . . . . . . .$ ((1,818.00))
3,456 3,636
86,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,833.00)). . . . . . . . . . . . . .$ ((1,923.00))
3,666 3,846
88,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((1,938.00)). . . . . . . . . . . . . .$ ((2,028.00))
3,876 4,056
90,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,043.00)). . . . . . . . . . . . . .$ ((2,133.00))
4,086 4,266
92,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,148.00)). . . . . . . . . . . . . .$ ((2,238.00))
4,296 4,476
94,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,253.00)). . . . . . . . . . . . . .$ ((2,343.00))
4,506 4,686
96,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,358.00)). . . . . . . . . . . . . .$ ((2,448.00))
4,716 4,896
98,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,463.00)). . . . . . . . . . . . . .$ ((2,553.00))
4,926 5,106
100,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,568.00)). . . . . . . . . . . . . .$ ((2,658.00))
5,138 5,316
102,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,673.00)). . . . . . . . . . . . . .$ ((2,763.00))
5,346 5,526
104,000 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,778.00)). . . . . . . . . . . . . .$ ((2,868.00))
5,556 5,736
105,500 lbs.. . . . . . . . . . . . . . . . . . . . . $ ((2,883.00)). . . . . . . . . . . . . .$ ((2,973.00))
5,766 5,946
Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
Every truck, motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the vehicle is used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such vehicle.
The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with RCW 46.68.035.
Sec. 5. RCW 46.44.0941 and 1995 c 171 s 2 are each amended to read as follows:
The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways. All funds collected, except the amount retained by authorized agents of the department as provided in RCW 46.44.096, shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:
All overlegal loads, except overweight, single
trip. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
thirty days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed thirty days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds fifty-three feet and is not
more than fifty-six feet in length, for
a period of one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed sixty-one feet and
are not more than sixty-eight feet in
length, for a period of one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
to exceed thirty days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((70.00))
140.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
thirty days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90.00
Continuous movement of a mobile home or manufactured home
having nonreducible features not to
exceed eighty-five feet in total length and
fourteen feet in width, for a period of
one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150.00
Continuous operation of a two or three-axle
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional six thousand
pounds more than the weight authorized in
RCW 46.16.070 on the rear axle of a two-axle
truck or eight thousand pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((42.00))
84.00
per thousand pounds
The department may issue any of the above-listed permits that involve height, length, or width for an expanded period of consecutive months, not to exceed one year.
Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.00
(2) Farmers in the course of farming activities,
for a period not to exceed one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.00
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.00
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00
Overweight Fee Schedule
Excess weight over legal capacity, Cost per mile.
as provided in RCW 46.44.041.
0- 9,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((.07)) .14
10,000-14,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((.14)) .28
15,000-19,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((.21)) .42
20,000-24,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((.28)) .56
25,000-29,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((.35)) .70
30,000-34,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((.49)) .98
35,000-39,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((.63)) 1.26
40,000-44,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((.79)) 1.58
45,000-49,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((.93)) 1.86
50,000-54,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((1.14)) 2.28
55,000-59,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((1.35)) 2.70
60,000-64,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((1.56)) 3.12
65,000-69,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((1.77)) 3.54
70,000-74,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((2.12)) 4.24
75,000-79,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((2.47)) 4.94
80,000-84,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((2.82)) 5.64
85,000-89,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((3.17)) 6.34
90,000-94,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((3.52)) 7.04
95,000-99,999 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((3.87)) 7.74
100,000 pounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$((4.25)) 8.50
The fee for weights in excess of 100,000 pounds is $((4.25)) 8.50 plus fifty cents for each 5,000 pound increment or portion thereof exceeding 100,000 pounds.
PROVIDED: (a) The minimum fee for any overweight permit shall be $((14.00)) 28.00, (b) the fee for issuance of a duplicate permit shall be $((14.00)) 28.00, (c) when computing overweight fees prescribed in this section or in RCW 46.44.095 that result in an amount less than even dollars the fee shall be carried to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under.
The fees levied in this section and RCW 46.44.095 do not apply to vehicles owned and operated by the state of Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government.
Sec. 6. RCW 46.44.095 and 1993 c 102 s 5 are each amended to read as follows:
When a combination of vehicles has been licensed to a total gross weight of 80,000 pounds or when a three or more axle single unit vehicle has been licensed to a total gross weight of 40,000 pounds, a temporary additional tonnage permit to haul loads in excess of these limits may be issued. This permit is valid for periods of not less than five days at ((two)) five dollars and ((eighty)) sixty cents per day for each two thousand pounds or fraction thereof. The fee may not be prorated. The permits shall authorize the movement of loads not exceeding the weight limits set forth in RCW 46.44.041 and 46.44.042.
Sec. 7. RCW 46.44.105 and 1993 c 403 s 4 are each amended to read as follows:
(1) Violation of any of the provisions of ((RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, and 46.44.095, or failure to obtain a permit as provided by RCW 46.44.090 and 46.44.095, or misrepresentation of the size or weight of any load or failure to follow the requirements and conditions of a permit issued hereunder)) this chapter is a traffic infraction, and upon the first finding thereof shall be assessed a basic penalty of not less than fifty dollars; and upon a second finding thereof shall be assessed a basic penalty of not less than seventy-five dollars; and upon a third or subsequent finding shall be assessed a basic penalty of not less than one hundred dollars.
(2) In addition to the penalties imposed in subsection (1) of this section, any person violating RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 shall be assessed ((three cents for each pound of excess weight)) a penalty as prescribed in this subsection:
(a) One pound through 1,000 pounds overweight: $90;
(b) 1,001 pounds through 2,000 pounds overweight: $180;
(c) 2,001 pounds through 4,000 pounds overweight: $360;
(d) 4,001 pounds through 15,000 pounds overweight: $360 plus $.30 per pound for each additional pound over 4,000 pounds overweight;
(e) 15,001 pounds and over overweight: $3,000 plus $.30 per pound for each additional pound over 15,000 pounds overweight. Upon a first violation in any calendar year, the court may suspend the penalty for five hundred pounds of excess weight for each axle on any vehicle or combination of vehicles, not to exceed a two thousand pound suspension. In no case may the basic penalty assessed in subsection (1) of this section or the additional penalty assessed in subsection (2), except as provided for the first violation, be suspended.
(3) Whenever any vehicle or combination of vehicles is involved in two violations of RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 during any twelve-month period, the court may suspend the certificate of license registration of the vehicle or combination of vehicles for not less than thirty days. Upon a third or succeeding violation in any twelve-month period, the court shall suspend the certificate of license registration for not less than thirty days. Whenever the certificate of license registration is suspended, the court shall secure such certificate and immediately forward the same to the director with information concerning the suspension.
(4) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred and fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same power unit, suspend the certificate of license registration for not less than thirty days.
(5) It is unlawful for the driver of a vehicle to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section. It is unlawful for a driver of a commercial motor vehicle as defined in RCW 46.32.005, other than the driver of a bus as defined in RCW 46.32.005(2), to fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open.
Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing either by means of a portable or stationary scale and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle and load, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted by law. If the vehicle is loaded with grain or other perishable commodities, the driver shall be permitted to proceed without removing any of the load, unless the gross weight of the vehicle and load exceeds by more than ten percent the limit permitted by this chapter. The owner or operator of the vehicle shall care for all materials unloaded at the risk of the owner or operator.
Any vehicle whose driver or owner represents that the vehicle is disabled or otherwise unable to proceed to a weighing location shall have its load sealed or otherwise marked by any police officer. The owner or driver shall be directed that upon completion of repairs, the vehicle shall submit to weighing with the load and markings and/or seal intact and undisturbed. Failure to report for weighing, appearing for weighing with the seal broken or the markings disturbed, or removal of any cargo prior to weighing is unlawful. Any person so convicted shall be fined ((five hundred)) one thousand dollars, and in addition the certificate of license registration shall be suspended for not less than thirty days. Half of the monetary penalties provided in this subsection shall be remitted as provided in RCW 3.62.020 or 10.82.070. Half of the penalties shall be remitted to the state treasurer and deposited in the motor vehicle fund.
(6) Any other provision of law to the contrary notwithstanding, district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.
(7) For the purpose of determining additional penalties as provided by subsection (2) of this section, "excess weight" means the poundage in excess of the maximum allowable gross weight or axle/axle grouping weight prescribed by RCW 46.44.041 ((and)), 46.44.042 ((plus the weights allowed by RCW)), 46.44.047, 46.44.091, and 46.44.095.
(8) The penalties provided in subsection((s)) (1) ((and (2))) of this section shall be remitted as provided in chapter 3.62 RCW or RCW 10.82.070. The penalties provided in subsection (2) of this section shall be remitted to the state treasurer and deposited in the motor vehicle fund. For the purpose of computing the basic penalties and additional penalties to be imposed under the provisions of subsections (1) and (2) of this section the convictions shall be on the same vehicle or combination of vehicles within a twelve-month period under the same ownership.
(9) Any state patrol officer or any weight control officer who finds any person operating a vehicle or a combination of vehicles in violation of the conditions of a permit issued under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of transportation which may return it to the permittee or revoke, cancel, or suspend it without refund. The department of transportation shall keep a record of all action taken upon permits so confiscated, and if a permit is returned to the permittee the action taken by the department of transportation shall be endorsed thereon. Any permittee whose permit is suspended or revoked may upon request receive a hearing before the department of transportation or person designated by that department. After the hearing the department of transportation may reinstate any permit or revise its previous action.
Every permit issued as provided for in this chapter shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting such a permit.
Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued under RCW 46.44.095 as now or hereafter amended, the permit shall be canceled, and the canceled permit shall be immediately transmitted by the court or the arresting officer to the department of transportation. The vehicle covered by the canceled permit is not eligible for a new permit for a period of thirty days.
(10) For the purposes of determining gross weights the actual scale weight taken by the arresting officer is prima facie evidence of the total gross weight.
(11) It is a traffic infraction to direct the loading of a vehicle with knowledge that it violates the requirements in RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 and that it is to be operated on the public highways of this state.
(12) The chief of the state patrol, with the advice of the department, may adopt reasonable rules to aid in the enforcement of this section.
NEW SECTION. Sec. 8. The department of transportation, in cooperation with the department of licensing and the department of revenue shall conduct a vehicle cost allocation study examining the feasibility of recovering pavement damage costs through the establishment of a weight-distance tax based on the weight of the vehicle and the distance traveled each year in this state. Periodic reports shall be submitted to the legislative transportation committee and the house and senate standing committees on transportation. A final report and recommendations are due July 1, 1997."
POINT OF ORDER
Senator Owen: "A point of order. This amendment broadens the scope of this bill so much that you could drive a MACK truck through it. Therefore, Mr. President, I am forced to challenge this amendment--that it is beyond the scope and object of the bill."
Further debate ensued.
There being no objection, the President deferred further consideration of House Bill No. 2687.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2294, by House Committee on Higher Education (originally sponsored by Representatives Delvin and Carlson) (by request of Higher Education Coordinating Board)
Changing provisions relating to the state educational trust fund.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 2294 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2294.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2294 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 2294, 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.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8429, by Senators Thibaudeau, Quigley, Moyer, Deccio, Winsley, Wood, Franklin, Wojahn, Prentice, Fairley and Kohl
Establishing a joint select committee on oral health care.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Concurrent Resolution No. 8429 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8429.
SENATE CONCURRENT RESOLUTION NO. 8429 was adopted by voice vote.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2075, by House Committee on Law and Justice (originally sponsored by Representatives Costa, Lambert, Veloria, Ballasiotes, Scott, Chappell, Patterson, Kessler, H. Sommers, Appelwick, Romero, Morris and Tokuda)
Making the commission of an offense against a pregnant woman an aggravating circumstance.
The bill was read the second time.
MOTIONS
On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94A.390 and 1995 c 316 s 2 are each amended to read as follows:
If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).
The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating Circumstances
(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.400 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.
(2) Aggravating Circumstances
(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 due to extreme youth, advanced age, disability, or ill health.
(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.
(((d))) (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 or 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).
(((e))) (f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127.
(((f))) (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.
(((g))) (h) The operation of the multiple offense policy of RCW 9.94A.400 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.
(((h))) (i) 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.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Smith, the following title amendment was adopted:
On page 1, line 2 of the title, after "women;" strike the remainder of the title and insert "amending RCW 9.94A.390; and declaring an emergency."
MOTION
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 2075, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2075, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2075, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 48.
Absent: Senator Zarelli - 1.
SUBSTITUTE HOUSE BILL NO. 2075, as amended by the Senate, 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.
SECOND READING
HOUSE BILL NO. 2389, by Representatives Ballasiotes, Quall, Morris, Dellwo, D. Sommers, Costa and Thompson (by request of Sentencing Guidelines Commission)
Providing a classification for unclassified felonies.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, House Bill No. 2389 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2389.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2389 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
HOUSE BILL NO. 2389, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2192, by House Committee on Appropriations (originally sponsored by Representatives Carlson, Sehlin, H. Sommers, Cooke, Ogden, Dickerson, Dyer and Conway) (by request of Joint Committee on Pension Policy)
Correcting the teachers' retirement system plan III.
The bill was read the second time.
MOTIONS
On motion of Senator Bauer, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.32.010 and 1995 c 345 s 9 and 1995 c 239 s 102 are each reenacted and amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1)(a) "Accumulated contributions" for plan I members, means the sum of all regular annuity contributions and, except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with regular interest thereon.
(b) "Accumulated contributions" for plan II members, means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality tables and regulations as shall be adopted by the director and regular interest.
(3) "Annuity" means the moneys payable per year during life by reason of accumulated contributions of a member.
(4) "Member reserve" means the fund in which all of the accumulated contributions of members are held.
(5)(a) "Beneficiary" for plan I members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.
(b) "Beneficiary" for plan II and plan III members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
(6) "Contract" means any agreement for service and compensation between a member and an employer.
(7) "Creditable service" means membership service plus prior service for which credit is allowable. This subsection shall apply only to plan I members.
(8) "Dependent" means receiving one-half or more of support from a member.
(9) "Disability allowance" means monthly payments during disability. This subsection shall apply only to plan I members.
(10)(a) "Earnable compensation" for plan I members, means:
(i) All salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the value of that part of the compensation not paid in money.
(ii) "Earnable compensation" for plan I members also includes the following actual or imputed payments, which are not paid for personal services:
(A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation and the individual shall receive the equivalent service credit.
(B) If a leave of absence, without pay, is taken by a member for the purpose of serving as a member of the state legislature, and such member has served in the legislature five or more years, the salary which would have been received for the position from which the leave of absence was taken shall be considered as compensation earnable if the employee's contribution thereon is paid by the employee. In addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the member's two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of whether or not legislative service was rendered during those two years.
(iii) For members employed less than full time under written contract with a school district, or community college district, in an instructional position, for which the member receives service credit of less than one year in all of the years used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and 41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position" means a position in which more than seventy-five percent of the member's time is spent as a classroom instructor (including office hours), a librarian, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure that members who receive fractional service credit under RCW 41.32.270 receive benefits proportional to those received by members who have received full-time service credit.
(iv) "Earnable compensation" does not include:
(A) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Earnable compensation" for plan II and plan III members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.
"Earnable compensation" for plan II and plan III members also includes the following actual or imputed payments which, except in the case of (b)(ii)(B) of this subsection, are not paid for personal services:
(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall receive the equivalent service credit.
(ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:
(A) The earnable compensation the member would have received had such member not served in the legislature; or
(B) Such member's actual earnable compensation received for teaching and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions.
(11) "Employer" means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid.
(12) "Fiscal year" means a year which begins July 1st and ends June 30th of the following year.
(13) "Former state fund" means the state retirement fund in operation for teachers under chapter 187, Laws of 1923, as amended.
(14) "Local fund" means any of the local retirement funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as amended.
(15) "Member" means any teacher included in the membership of the retirement system. Also, any other employee of the public schools who, on July 1, 1947, had not elected to be exempt from membership and who, prior to that date, had by an authorized payroll deduction, contributed to the member reserve.
(16) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered. The provisions of this subsection shall apply only to plan I members.
(17) "Pension" means the moneys payable per year during life from the pension reserve.
(18) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and future pension liabilities of the system and from which all pension obligations are to be paid.
(19) "Prior service" means service rendered prior to the first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan I members.
(20) "Prior service contributions" means contributions made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan I members.
(21) "Public school" means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and Washington State University.
(22) "Regular contributions" means the amounts required to be deducted from the compensation of a member and credited to the member's individual account in the member reserve. This subsection shall apply only to plan I members.
(23) "Regular interest" means such rate as the director may determine.
(24)(a) "Retirement allowance" for plan I members, means monthly payments based on the sum of annuity and pension, or any optional benefits payable in lieu thereof.
(b) "Retirement allowance" for plan II and plan III members, means monthly payments to a retiree or beneficiary as provided in this chapter.
(25) "Retirement system" means the Washington state teachers' retirement system.
(26)(a) "Service" for plan I members means the time during which a member has been employed by an employer for compensation.
(i) If a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.
(ii) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(iii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(b) "Service" for plan II and plan III members, means periods of employment by a member for one or more employers for which earnable compensation is earned subject to the following conditions:
(i) A member employed in an eligible position or as a substitute shall receive one service credit month for each month of September through August of the following year if he or she earns earnable compensation for eight hundred ten or more hours during that period and is employed during nine of those months, except that a member may not receive credit for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and 41.50.132;
(ii) If a member is employed either in an eligible position or as a substitute teacher for nine months of the twelve month period between September through August of the following year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or she will receive one-half of a service credit month for each month of the twelve month period;
(iii) All other members in an eligible position or as a substitute teacher shall receive service credit as follows:
(A) A service credit month is earned in those calendar months where earnable compensation is earned for ninety or more hours;
(B) A half-service credit month is earned in those calendar months where earnable compensation is earned for at least seventy hours but less than ninety hours; and
(C) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less than seventy hours.
(iv) Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement system and continue to receive a service credit month for each of the months in a state elective position by making the required member contributions.
(v) When an individual is employed by two or more employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.
(vi) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470. For purposes of plan II and plan III "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service credit month;
(B) Eleven or more days but less than twenty-two days equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.
(vii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(viii) The department shall adopt rules implementing this subsection.
(27) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
(28) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.
(29) "Teacher" means any person qualified to teach who is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full time school doctor who is employed by a public school and renders service of an instructional or educational nature.
(30) "Average final compensation" for plan II and plan III members, means the member's average earnable compensation of the highest consecutive sixty service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.32.810(2).
(31) "Retiree" means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member. A person is in receipt of a retirement allowance as defined in subsection (24) of this section or other benefit as provided by this chapter when the department mails, causes to be mailed, or otherwise transmits the retirement allowance warrant.
(32) "Department" means the department of retirement systems created in chapter 41.50 RCW.
(33) "Director" means the director of the department.
(34) "State elective position" means any position held by any person elected or appointed to state-wide office or elected or appointed as a member of the legislature.
(35) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
(36) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as a temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.
(37)(a) "Eligible position" for plan II members from June 7, 1990, through September 1, 1991, means a position which normally requires two or more uninterrupted months of creditable service during September through August of the following year.
(b) "Eligible position" for plan II and plan III on and after September 1, 1991, means a position that, as defined by the employer, normally requires five or more months of at least seventy hours of earnable compensation during September through August of the following year.
(c) For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position.
(d) The elected position of the superintendent of public instruction is an eligible position.
(38) "Plan I" means the teachers' retirement system, plan I providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(39) "Plan II" means the teachers' retirement system, plan II providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977, and prior to July 1, 1996.
(40) "Plan III" means the teachers' retirement system, plan III providing the benefits and funding provisions covering persons who first become members of the system on and after July 1, 1996, or who transfer under RCW 41.32.817.
(41) (("Education association" means an association organized to carry out collective bargaining activities, the majority of whose members are employees covered by chapter 41.59 RCW or academic employees covered by chapter 28B.52 RCW.
(42))) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items compiled by the bureau of labor statistics, United States department of labor.
(((43))) (42) "Index A" means the index for the year prior to the determination of a postretirement adjustment.
(((44))) (43) "Index B" means the index for the year prior to index A.
(((45))) (44) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.
(((46))) (45) "Adjustment ratio" means the value of index A divided by index B.
(((47))) (46) "Annual increase" means, initially, fifty-nine cents per month per year of service which amount shall be increased each July 1st by three percent, rounded to the nearest cent.
(47) "Member account" or "member's account" for purposes of plan III means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan III.
Sec. 2. RCW 41.32.817 and 1995 c 239 s 303 are each amended to read as follows:
(1) Every plan II member employed by an employer in an eligible position may make an irrevocable option to transfer to plan III. ((For those who elect to transfer:
(a))) (2) Any plan II member who is a substitute teacher may make an irrevocable option to transfer to plan III at the time the member purchases substitute service credit pursuant to RCW 41.32.013, pursuant to time lines and procedures established by the department.
(3) Any plan II member, other than a substitute teacher, who wishes to transfer to plan III after December 31, 1997, may transfer during the month of January in any following year, provided that the member earns service credit for that month.
(4) All service credit in plan II shall be transferred to the defined benefit portion of plan III.
(((b))) (5) The accumulated contributions in plan II less fifty percent of any contributions made pursuant to RCW 41.50.165(2) shall be transferred to the member's account in the defined contribution portion established in chapter 41.34 RCW, pursuant to procedures developed by the department and subject to RCW 41.34.090. Contributions made pursuant to RCW 41.50.165(2) that are not transferred to the member's account shall be transferred to the fund created in RCW 41.50.075(2), except that interest earned on all such contributions shall be transferred to the member's account.
(((c) A member vested on July 1, 1996, under plan II shall be automatically vested in plan III upon transfer.
(d) Members employed by an employer in an eligible position on January 1, 1998, who request to transfer to plan III by January 1, 1998, shall have their account in the defined contribution portion of plan III, other than those accumulated contributions attributable to restorations made under RCW 41.50.165(2), increased by twenty percent of their plan II accumulated contributions as of January 1, 1996. If the member who requests to transfer dies before January 1, 1998, the additional payment provided by this subsection shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department.
(e))) (6) The legislature reserves the right to discontinue the right to transfer under this section.
(((2) This subsection shall also apply to dual members as provided in RCW 41.54.035.
(3) Any member who elects to transfer to plan III and has eligible unrestored withdrawn contributions in plan II, may subsequently restore such contributions under the provisions of RCW 41.32.825. The restored plan II service credit will be automatically transferred to plan III. Contributions restored will be transferred to the member's account in plan III.
(4))) (7) Anyone previously retired from plan II is prohibited from transferring to plan III.
Sec. 3. RCW 41.32.818 and 1995 c 239 s 304 are each amended to read as follows:
Any ((person)) member of the public employees' retirement system plan II who is employed in an eligible position as an educational staff associate and who elected pursuant to RCW 41.32.032(2)(a) to remain a member of the public employees' retirement system under chapter 41.40 RCW may make an irrevocable option before January 1, 1998, to transfer to plan III pursuant to RCW 41.32.817, PROVIDED THAT:
(1) Only service credit for previous periods of employment in a position covered by RCW 41.32.010 is transferred to plan III;
(2) Equivalent accumulated employee and employer contributions attributable to service covered by subsection (1) of this section are transferred to plan III;
(3) Employer contributions transferred under this section shall be paid into the teachers' retirement system combined plan II and III fund.
((Any person, not employed as an educational staff associate on July 1, 1996, may choose, within one year of the person's return to employment as a teacher, to transfer to plan III under this section.))
Sec. 4. RCW 41.32.840 and 1995 c 239 s 106 are each amended to read as follows:
(1) A member of the retirement system shall receive a retirement allowance equal to one percent of such member's average final compensation for each service credit year.
(2) The retirement allowance payable under RCW 41.32.875 to a member who separates after having completed at least twenty service credit years shall be increased by twenty-five one-hundredths of one percent, compounded for each month from the date of separation to the date that the retirement allowance commences.
Sec. 5. RCW 41.32.855 and 1995 c 239 s 109 are each amended to read as follows:
Any member or beneficiary eligible to receive a retirement allowance under the provisions of RCW 41.32.875, 41.32.880, or 41.32.895 shall be eligible to commence receiving a retirement allowance after having filed written application with the department.
(1) Retirement allowances paid to members shall accrue from the first day of the calendar month immediately following such member's separation from employment.
(2) Retirement allowances ((paid)) payable to ((vested)) eligible members no longer in service, but qualifying for such an allowance pursuant to RCW ((41.32.870)) 41.32.875 shall accrue from the first day of the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall accrue from the first day of the calendar month immediately following such member's separation from employment for disability.
(4) Retirement allowances paid as death benefits shall accrue from the first day of the calendar month immediately following the member's death.
Sec. 6. RCW 41.32.875 and 1995 c 239 s 113 are each amended to read as follows:
(1) NORMAL RETIREMENT. Any member who ((has vested and attained)) is at least age sixty-five and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve service credit months after attaining age fifty-four; or
(c) Completed five service credit years by July 1, 1996, under plan II and who transferred to plan III under RCW 41.32.817;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.32.840.
(2) EARLY RETIREMENT. Any member who has attained at least age fifty-five and has completed at least ten years of service shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW 41.32.840, except that a member retiring pursuant to this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years between age at retirement and the attainment of age sixty-five.
Sec. 7. RCW 41.32.895 and 1995 c 239 s 117 are each amended to read as follows:
If a member ((who is vested)) dies prior to retirement, the surviving spouse or eligible child or children shall receive a retirement allowance computed as provided in RCW 41.32.851 actuarially reduced to reflect a joint and one hundred percent survivor option and if the member was not eligible for normal retirement at the date of death a further reduction as described in RCW 41.32.875(2).
If the surviving spouse who is receiving the retirement allowance dies leaving a child or children under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and member were equal at the time of the member's death.
NEW SECTION. Sec. 8. A new section is added to chapter 41.32 RCW under the subchapter heading "provisions applicable to plan III" to read as follows:
(1) Anyone who requests to transfer under RCW 41.32.817 before January 1, l998, and establishes service credit for January 1998, shall have their member account increased by twenty percent of:
(a) Plan II accumulated contributions as of January 1, l996, less fifty percent of any payments made pursuant to RCW 41.50.165(2); or
(b) All amounts withdrawn after January 1, l996, which are completely restored before January 1, l998.
(2) Substitute teachers shall receive the additional payment provided in subsection (1) of this section if they:
(a) Establish service credit for January 1998; and
(b) Establish any service credit from July 1996 through December 1997; and
(c) Elect to transfer on or before March 1, l999.
(3) If a member who requests to transfer dies before January 1, 1998, the additional payment provided by this section shall be paid to the member's estate, or the person or persons, trust, or organization the member nominated by written designation duly executed and filed with the department.
(4) The legislature reserves the right to modify or discontinue the right to an incentive payment under this section for any plan II members who have not previously transferred to plan III.
NEW SECTION. Sec. 9. A new section is added to chapter 41.32 RCW under the subchapter heading "provisions applicable to plan III" to read as follows:
(1) Any member who elects to transfer to plan III and has eligible unrestored withdrawn contributions in plan II, may restore such contributions under the provisions of RCW 41.32.825(1) with interest as determined by the department. The restored plan II service credit will be automatically transferred to plan III. Restoration payments will be transferred to the member account in plan III. If the member fails to meet the time limitations of RCW 41.32.825(1), they may restore such contributions under the provisions of RCW 41.50.165(2). The restored plan II service credit will be automatically transferred to plan III. One-half of the restoration payments under RCW 41.50.165(2) plus interest shall be allocated to the member's account.
(2) Any member who elects to transfer to plan III may purchase plan II service credit under RCW 41.32.810(3). Purchased plan II service credit will be automatically transferred to plan III. Contributions on behalf of the employer paid by the employee shall be allocated to the defined benefit portion of plan III and shall not be refundable when paid to the fund described in RCW 41.50.075(2). Contributions on behalf of the employee shall be allocated to the member account. If the member fails to meet the time limitations of RCW 41.32.810(3), they may subsequently restore such contributions under the provisions of RCW 41.50.165(2). Purchased plan II service credit will be automatically transferred to plan III. One-half of the payments under RCW 41.50.165(2), plus interest, shall be allocated to the member's account.
Sec. 10. RCW 41.32.831 and 1995 c 239 s 104 are each amended to read as follows:
(1) RCW 41.32.831 through 41.32.895 shall apply only to plan III members.
(2) Plan III shall consist of two separate elements: (a) A defined benefit portion covered under this subchapter; and (b) a defined contribution portion covered under chapter 41.34 RCW. ((All contributions on behalf of the employer paid by an employee shall be made to the defined benefit portion of plan III and shall be nonrefundable when paid to the fund described in RCW 41.50.075(3).))
(3) Unless otherwise specified, all references to "plan III" in this subchapter refer to the defined benefit portion of plan III.
NEW SECTION. Sec. 11. A new section is added to chapter 41.32 RCW under the subchapter heading "provisions applicable to plan III" to read as follows:
(1) Contributions on behalf of the employer paid by the employee to purchase plan III service credit shall be allocated to the defined benefit portion of plan III and shall not be refundable when paid to the fund described in RCW 41.50.075(2). Contributions on behalf of the employee shall be allocated to the member account. If the member fails to meet the statutory time limitations to purchase plan III service credit, it may be purchased under the provisions of RCW 41.50.165(2). One-half of the purchase payments under RCW 41.50.165(2), plus interest, shall be allocated to the member's account.
(2) No purchased plan III membership service will be credited until all payments required of the member are made, with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contributions, plus interest, required to purchase membership service.
NEW SECTION. Sec. 12. A new section is added to chapter 41.34 RCW to read as follows:
A member who separates from service and then reestablishes membership may restore contributions to the member account.
Sec. 13. RCW 41.34.020 and 1995 c 239 s 202 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated:
(1) "Actuary" means the state actuary or the office of the state actuary.
(2) "Board" means the employee retirement benefits board authorized in chapter 41.50 RCW.
(3) "Department" means the department of retirement systems.
(4) "Compensation" for purposes of this chapter is the same as "earnable compensation" for plan III in chapter 41.32 RCW, except that the compensation may be reported when paid, rather than when earned.
(5) "Employer" means the same as "employer" for plan III in chapter 41.32 RCW.
(6) "Member" means any employee included in the membership of a retirement system as provided for ((plan III)) in chapter 41.32 RCW of plan III.
(((6))) (7) "Member account" or "member's account" means the sum of the contributions and earnings on behalf of the member.
(((7))) (8) "Retiree" means any member in receipt of an allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.
Sec. 14. RCW 41.34.040 and 1995 c 239 s 204 are each amended to read as follows:
(1) A member shall contribute from his or her compensation according to one of the following rate structures:
Option A Contribution Rate
All Ages 5.0% fixed
Option B
Up to Age 35 5.0%
Age 35 to 44 6.0%
Age 45 and above 7.5%
Option C
Up to Age 35 6.0%
Age 35 to 44 7.5%
Age 45 and above 8.5%
(2) The board shall have the right to offer contribution rate options in addition to those listed in subsection (1) of this section, provided that no significant additional administrative costs are created. All options offered by the board shall conform to the requirements stated in subsections (3) and (4) of this section.
(3) Within ninety days of the date that an employee becomes a member of plan III or changes employers, he or she has an irrevocable option to choose one of the above contribution rate structures. If the member does not select an option within this ninety-day period, he or she shall be assigned option A. Such assignment shall be irrevocable.
(4) Contributions shall begin the first day of the ((month immediately following the earlier of the selection of an option or the end of the ninety-day period)) pay cycle in which the rate option is made, or the first day of the pay cycle in which the end of the ninety-day period occurs.
Sec. 15. RCW 41.34.060 and 1995 c 239 s 206 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the member's account shall be invested by the state investment board ((unless the member elects to self direct investments as authorized by the board)). All contributions under this subsection shall be invested in the same portfolio as that of the teachers' retirement system combined plan II and III fund under RCW 41.50.075(2).
(2) Members ((who make this election shall pay the expenses for self-directed investment)) may elect to self direct their investments as authorized by the board, other than as provided in subsection (1) of this section. Expenses caused by self-directed investment shall be paid by the member in accordance with rules established by the board under RCW 41.50.088.
Sec. 16. RCW 41.50.075 and 1995 c 239 s 312 are each amended to read as follows:
(1) Two funds are hereby created and established in the state treasury to be known as the Washington law enforcement officers' and fire fighters' system plan I retirement fund, and the Washington law enforcement officers' and fire fighters' system plan II retirement fund which shall consist of all moneys paid into them in accordance with the provisions of this chapter and chapter 41.26 RCW, whether such moneys take the form of cash, securities, or other assets. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the law enforcement officers' and fire fighters' retirement system plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of the law enforcement officers' and fire fighters' retirement system plan II.
(2) All of the assets of the Washington state teachers' retirement system shall be credited according to the purposes for which they are held, to two funds to be maintained in the state treasury, namely, the teachers' retirement system plan I fund and the teachers' retirement system combined plan II and III fund. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the Washington state teachers' retirement system plan I, and the combined plan II and III fund shall consist of all moneys paid to finance the benefits provided to members of the Washington state teachers' retirement system plan II and III.
(3) There is hereby established in the state treasury two separate funds, namely the public employees' retirement system plan I fund and the public employees' retirement system plan II fund. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of the public employees' retirement system plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of the public employees' retirement system plan II.
(((4) There is hereby established in the state treasury the plan III defined contribution fund which shall consist of all contributions and earnings paid on behalf of members, except as otherwise provided.))
Sec. 17. RCW 41.50.110 and 1995 c 239 s 313 are each amended to read as follows:
(1) ((Notwithstanding any provision of law to the contrary, the retirement system expense fund is hereby redesignated as the department of retirement systems expense fund from which shall be paid the)) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department and the expenses of administration of the retirement systems created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, and 43.43 RCW shall be paid from the department of retirement systems expense fund.
(2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 41.26.030, 41.32.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.
(3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.
(5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
(a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.
(c) The department shall adopt rules implementing this section.
(6) Expenses ((incurred pursuant to RCW 41.34.060 shall be deducted from the defined contribution fund in accordance with rules established by the board under RCW 41.50.088)) other than those under RCW 41.34.060(2) shall be paid pursuant to subsection (1) of this section.
Sec. 18. RCW 41.50.670 and 1991 c 365 s 13 are each amended to read as follows:
(1) Nothing in this chapter regarding mandatory assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an obligee to direct payments of retirement benefits to satisfy a property division obligation ordered pursuant to a court decree of dissolution or legal separation or any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation as provided in RCW 2.10.180, 2.12.090, 41.04.310, 41.04.320, 41.04.330, ((41.26.180)) 41.26.053, 41.32.052, 41.34.070(3), 41.40.052, 43.43.310, or 26.09.138, as those statutes existed before July 1, 1987, and as those statutes exist on and after July 28, 1991. The department shall pay benefits under this chapter in a lump sum or as a portion of periodic retirement payments as expressly provided by the dissolution order. A dissolution order may not order the department to pay a periodic retirement payment or lump sum unless that payment is specifically authorized under the provisions of chapter 2.10, 2.12, 41.26, 41.32, 41.34, 41.40, or 43.43 RCW, as applicable.
(2) The department shall pay directly to an obligee the amount of periodic retirement payments or lump sum payment, as appropriate, specified in the dissolution order if the dissolution order filed with the department pursuant to subsection (1) of this section includes a provision that states in the following form:
If . . . . . . (the obligor) receives periodic retirement payments as defined in RCW 41.50.500, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars from such payments or . . . percent of such payments. If the obligor's debt is expressed as a percentage of his or her periodic retirement payment and the obligee does not have a survivorship interest in the obligor's benefit, the amount received by the obligee shall be the percentage of the periodic retirement payment that the obligor would have received had he or she selected a standard allowance.
If . . . . . . (the obligor) requests or has requested a withdrawal of accumulated contributions as defined in RCW 41.50.500, or becomes eligible for a lump sum death benefit, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars plus interest at the rate paid by the department of retirement systems on member contributions. Such interest to accrue from the date of this order's entry with the court of record.
(3) This section does not require a member to select a standard allowance upon retirement nor does it require the department to recalculate the amount of a retiree's periodic retirement payment based on a change in survivor option.
(4) A court order under this section may not order the department to pay more than seventy-five percent of an obligor's periodic retirement payment to an obligee.
(5) Persons whose court decrees were entered between July 1, 1987, and July 28, 1991, shall also be entitled to receive direct payments of retirement benefits to satisfy court-ordered property divisions if the dissolution orders comply or are modified to comply with this section and RCW 41.50.680 through 41.50.720 and, as applicable, RCW 2.10.180, 2.12.090, ((41.26.180)) 41.26.053, 41.32.052, 41.34.070, 41.40.052, 43.43.310, and 26.09.138.
(6) The obligee must file a copy of the dissolution order with the department within ninety days of that order's entry with the court of record.
(7) A division of benefits pursuant to a dissolution order under this section shall be based upon the obligor's gross benefit prior to any deductions. If the department is required to withhold a portion of the member's benefit pursuant to 26 U.S.C. Sec. 3402 and the sum of that amount plus the amount owed to the obligee exceeds the total benefit, the department shall satisfy the withholding requirements under 26 U.S.C. Sec. 3402 and then pay the remainder to the obligee. The provisions of this subsection do not apply to amounts withheld pursuant to 26 U.S.C. Sec. 3402(i).
Sec. 19. RCW 41.54.030 and 1995 c 239 s 319 are each amended to read as follows:
(1) A dual member may combine service in all systems for the purpose of:
(a) Determining the member's eligibility to receive a service retirement allowance; and
(b) Qualifying for a benefit under RCW ((41.32.885(3))) 41.32.840(2).
(2) A dual member who is eligible to retire under any system may elect to retire from all the member's systems and to receive service retirement allowances calculated as provided in this section. Each system shall calculate the allowance using its own criteria except that the member shall be allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.
(3) The service retirement allowances from a system which, but for this section, would not be allowed to be paid at this date based on the dual member's age shall be either actuarially adjusted from the earliest age upon which the combined service would have made such dual member eligible in that system, or the dual member may choose to defer the benefit until fully eligible.
Sec. 20. RCW 2.14.080 and 1991 sp.s. c 13 s 103 are each amended to read as follows:
(1) The administrator for the courts shall:
(a) Deposit or invest the contributions under RCW 2.14.090 in a credit union, savings and loan association, bank, or mutual savings bank;
(b) Purchase life insurance, shares of an investment company, or fixed and/or variable annuity contracts from any insurance company or investment company licensed to contract business in this state; or
(c) Invest in any of the class of investments described in RCW 43.84.150.
(2) The state investment board or the ((committee for deferred compensation)) department of retirement systems, at the request of the administrator for the courts, may invest moneys in the principal account. Moneys invested by the investment board shall be invested in accordance with RCW 43.84.150. Moneys invested by the ((committee for deferred compensation)) department of retirement systems shall be invested in accordance with ((RCW 41.04.250)) applicable law. Except as provided in RCW 43.33A.160 or as necessary to pay a pro rata share of expenses incurred by the ((committee for deferred compensation)) department of retirement systems, one hundred percent of all earnings from these investments, exclusive of investment income pursuant to RCW 43.84.080, shall accrue directly to the principal account.
Sec. 21. RCW 41.05.011 and 1995 1st sp.s. c 6 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.
(1) "Administrator" means the administrator of the authority.
(2) "State purchased health care" or "health care" means medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health, the basic health plan, the state health care authority, the department of labor and industries, the department of corrections, the department of veterans affairs, and local school districts.
(3) "Authority" means the Washington state health care authority.
(4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in chapter 48.44 RCW, or a health maintenance organization as defined in chapter 48.46 RCW.
(5) "Flexible benefit plan" means a benefit plan that allows employees to choose the level of health care coverage provided and the amount of employee contributions from among a range of choices offered by the authority.
(6) "Employee" includes all full-time and career seasonal employees of the state, whether or not covered by civil service; elected and appointed officials of the executive branch of government, including full-time members of boards, commissions, or committees; and includes any or all part-time and temporary employees under the terms and conditions established under this chapter by the authority; justices of the supreme court and judges of the court of appeals and the superior courts; and members of the state legislature or of the legislative authority of any county, city, or town who are elected to office after February 20, 1970. "Employee" also includes: (a) Employees of a county, municipality, or other political subdivision of the state if the legislative authority of the county, municipality, or other political subdivision of the state seeks and receives the approval of the authority to provide any of its insurance programs by contract with the authority, as provided in RCW 41.04.205; (b) employees of employee organizations representing state civil service employees, at the option of each such employee organization, and, effective October 1, 1995, employees of employee organizations currently pooled with employees of school districts for the purpose of purchasing insurance benefits, at the option of each such employee organization; and (c) employees of a school district if the authority agrees to provide any of the school districts' insurance programs by contract with the authority as provided in RCW 28A.400.350.
(7) "Board" means the public employees' benefits board established under RCW 41.05.055.
(8) "Retired or disabled school employee" means:
(a) Persons who separated from employment with a school district or educational service district and are receiving a retirement allowance under chapter 41.32 or 41.40 RCW as of September 30, 1993;
(b) Persons who separate from employment with a school district or educational service district on or after October 1, 1993, and immediately upon separation receive a retirement allowance under chapter 41.32 or 41.40 RCW;
(c) Persons who separate from employment with a school district or educational service district due to a total and permanent disability, and are eligible to receive a deferred retirement allowance under chapter 41.32 or 41.40 RCW.
(9) "Benefits contribution plan" means a premium only contribution plan, a medical flexible spending arrangement, or a cafeteria plan whereby state and public employees may agree to a contribution to benefit costs which will allow the employee to participate in benefits offered pursuant to 26 U.S.C. Sec. 125 or other sections of the internal revenue code.
(10) "Salary" means a state employee's monthly salary or wages.
(11) "Participant" means an individual who fulfills the eligibility and enrollment requirements under the benefits contribution plan.
(12) "Plan year" means the time period established by the authority.
(13) "Separated employees" means persons who separate from employment with an employer as defined in RCW 41.32.010(11) on or after July 1, 1996, and who are at least age fifty-five and have at least ten years of service under the teachers' retirement system plan III as defined in RCW 41.32.010(40).
Sec. 22. RCW 41.05.080 and 1994 c 153 s 7 are each amended to read as follows:
(1) Under the qualifications, terms, conditions, and benefits set by the board:
(a) Retired or disabled state employees, retired or disabled school employees, or employees of county, municipal, or other political subdivisions covered by this chapter who are retired may continue their participation in insurance plans and contracts after retirement or disablement((, under the qualifications, terms, conditions, and benefits set by the board: PROVIDED, That the));
(b) Separated employees may continue their participation in insurance plans and contracts if participation is selected immediately upon separation from employment.
(2) Rates charged retired or disabled employees, separated employees, spouses, or dependent children who are not eligible for parts A and B of medicare shall be based on the experience of the community rated risk pool established under RCW 41.05.022((: PROVIDED FURTHER, That)).
(3) Rates charged to retired or disabled employees, separated employees, spouses, or children who are eligible for parts A and B of medicare shall be calculated from a separate experience risk pool comprised only of individuals eligible for parts A and B of medicare; however, the premiums charged to medicare-eligible retirees and disabled employees shall be reduced by the amount of the subsidy provided under RCW 41.05.085((: PROVIDED FURTHER, That)).
(4) Retired or disabled and separated employees shall be responsible for payment of premium rates developed by the authority which shall include the cost to the authority of providing insurance coverage including any amounts necessary for reserves and administration in accordance with this chapter((: PROVIDED FURTHER, That such)). These self pay rates will be established based on a separate rate for the employee, the spouse, and the children.
(5) The term "retired state employees" for the purpose of this section shall include but not be limited to members of the legislature whether voluntarily or involuntarily leaving state office.
Sec. 23. 1995 c 239 s 327 (uncodified) is amended to read as follows:
This act shall take effect July 1, 1996, except that sections 301 and 302 of this act shall take effect immediately.
NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:
(1) RCW 41.32.890 and 1995 c 239 s 116;
(2) RCW 41.32.885 and 1995 c 239 s 115; and
(3) RCW 41.54.035 and 1995 c 239 s 320.
NEW SECTION. Sec. 25. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1996, with the exception of section 23 of this act, which shall take effect immediately."
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 2 of the title, after "system;" strike the remainder of the title and insert "amending RCW 41.32.817, 41.32.818, 41.32.840, 41.32.855, 41.32.875, 41.32.895, 41.32.831, 41.34.020, 41.34.040, 41.34.060, 41.50.075, 41.50.110, 41.50.670, 41.54.030, 2.14.080, 41.05.011, and 41.05.080; amending 1995 c 239 s 327 (uncodified); reenacting and amending RCW 41.32.010; adding new sections to chapter 41.32 RCW; adding a new section to chapter 41.34 RCW; repealing RCW 41.32.890, 41.32.885, and 41.54.035; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 2192, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2192, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2192, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 2; Excused, 0.
Voting yea: Senators 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, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46.
Voting nay: Senator Cantu - 1.
Absent: Senators Sutherland and Zarelli - 2.
SUBSTITUTE HOUSE BILL NO. 2192, as amended by the Senate, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2860, by House Committee on Government Operations (originally sponsored by Representatives D. Schmidt, Reams and Blanton)
Limiting development regulations for utilities.
The bill was read the second time.
MOTION
Senator Haugen moved that the following Committee on Government Operations amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:
(1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.120. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within three hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration.
(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.
(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.
(4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.
(5) A jurisdiction planning under this chapter has the discretion to exempt certain utility activities from the regulations required under this section. Examples of such utility activities include, but are not limited to, routine maintenance, repair, or replacement of existing utilities and relocation or extension of utility service in the improved portions of the public or private rights of way, and may include qualifying restrictions that address methods of minimizing harm to the critical area being impacted. The proposed exemptions must be considered at a public hearing during the course of adoption or readoption of the regulations.
For the purposes of this subsection, "utilities" does not include any facility for the transmission or distribution of oil or refined oil products."
The President declared the question before the Senate to be the motion by Senator Haugen to not adopt the Committee on Government Operations striking amendment to Substitute House Bill No. 2860.
The motion by Senator Haugen carried and the committee striking amendment was not adopted.
MOTIONS
On motion of Senator Haugen, the following amendment by Senators Haugen, McCaslin and Winsley was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:
(1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.120. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within three hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration.
(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.
(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.
(4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.
(5) A jurisdiction planning under this chapter has the discretion to exempt certain utility activities from the regulations required under this section. Examples of such utility activities include, but are not limited to, routine maintenance, repair, or replacement of existing utilities; relocation or extension of utility service in the improved portions of the public or private rights of way; and may include qualifying restrictions that address methods of minimizing harm to the critical area being impacted. The proposed exemptions must be considered at a public hearing during the course of adoption or readoption of the regulations.
For the purposes of this subsection, "utilities" does not include any facility for the transmission or distribution of oil or refined oil products.
NEW SECTION. Sec. 2. The enactment of section 1 of this act does not have the effect of terminating, or in any way modifying, any regulation for the exemption of any utility activity if that regulation is already in existence on the effective date of this act."
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "utilities;" strike the remainder of the title and insert "amending RCW 36.70A.060; and creating a new section."
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2860, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2860, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2860, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Absent: Senator Quigley - 1.
SUBSTITUTE HOUSE BILL NO. 2860, as amended by the Senate, 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.
SECOND READING
HOUSE BILL NO. 2333, by Representatives Delvin, Appelwick and Costa (by request of Administrator for the Courts)
Revising provisions relating to judicial retirement.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 2333 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2333.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2333 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
HOUSE BILL NO. 2333, 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 5:29 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 6:50 p.m. by President Pritchard.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Sheldon, Gubernatorial Appointment No. 9176, Donna E. Dilger, as a member of the Housing Finance Commission, was confirmed.
APPOINTMENT OF DONNA E. DILGER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 0; Absent, 13; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Kohl, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 36.
Absent: Senators Finkbeiner, Hale, Haugen, Johnson, Long, McCaslin, Moyer, Prince, Quigley, Roach, Schow, Sellar and Wood - 13.
MOTIONS
On motion of Senator Thibaudeau, Senators Haugen and Loveland were excused.
On motion of Senator Anderson, Senator McCaslin was excused.
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9260, Ann Mottet, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.
APPOINTMENT OF ANN MOTTET
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.
Excused: Senators Haugen, Loveland and McCaslin - 3.
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9167, Ann Daley, as a member of the Board of Regents for the University of Washington, was confirmed.
APPOINTMENT OF ANN DALEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9168, Michele Yapp, as a member of the Board of Regents for the University of Washington, was confirmed.
APPOINTMENT OF MICHELE YAPP
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.
Voting nay: Senators Anderson, A., Cantu, Hochstatter, McCaslin, McDonald and Sellar - 6.
There being no objection, the Senate resumed consideration of House Bill No. 2687 and the pending amendment by Senator Sutherland on page 3, beginning on line 3, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Owen, the President finds that House Bill No. 2687 is a measure which allows the Department of Transportation to use third-party contractors to issue certain special permits and establishes penalties for certain overweight violations.
"The amendment by Senator Sutherland on page 3, beginning on line 3, would increase fees for annual licensing of heavy vehicles based on gross weight.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senator Sutherland on page 3, beginning on line 3, to House Bill No. 2687 was ruled out of order.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 2687 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2687.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2687 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Voting nay: Senator Anderson, A. - 1.
HOUSE BILL NO. 2687, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1648, by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Romero, Goldsmith and Thompson) (by request of Employment Security Department)
Revising provision relating to charges against industrial insurance awards.
The bill was read the second time.
MOTION
Senator Heavey moved that the following Committee on Labor, Commerce and Trade amendment be adopted:
On page 3, line 13, after "payable." insert "However, the amount to be repaid to the employment security department shall bear its proportionate share of reasonable attorneys' fees and costs, if any, incurred by the injured worker."
POINT OF ORDER
Senator Anderson: "Thank you, Mr. President, I rise to a point of order. I would like to challenge the scope and object of the committee amendment. The committee amendment by Labor, Commerce and Trade is, I believe, to be beyond the scope and object of the underlying bill. Engrossed Substitute House Bill No. 1648 authorizes the Department of Labor and Industries to deduct from an individual's worker compensation benefits for any over-payments he or she received from the unemployment insurance program for duplicative benefits.
"The bill establishes a procedure involving the worker, the Department of Labor and Industries and the Employment Security Department. It is limited to establishing the amount of money due to the worker from the state of Washington when awarding an industrial insurance benefit. I believe the amendment expands the scope and the object of the underlying bill by adding into the bill the attorneys for the workers who may be entitled to a percentage of the dollar amounts the worker will receive from only one of the agencies--Labor and Industries. It is unrelated to the Department of Labor and Industries' duty to reimburse the Employment Security Department for over-payments and, therefore, I would challenge the scope and object of this committee amendment."
Further debate ensued.
There being no objection, the President deferred further consideration of Engrossed Substitute House Bill No. 1648.
SECOND READING
ENGROSSED HOUSE BILL NO. 1647, by Representatives Goldsmith, Romero and Lisk (by request of Employment Security Department)
Expanding the authority of the employment security department to share data.
The bill was read the second time.
MOTIONS
On motion of Senator Heavey, the following Committee on Labor, Commerce and Trade amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 50.13.060 and 1993 c 281 s 59 are each amended to read as follows:
(1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:
(a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and
(b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in a manner which conforms to the civil rules for superior court. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information. The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.
(2) The requirements of subsections (1) and (((7))) (8) of this section shall not apply to the state legislative branch. The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes. If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.
(3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws.
(5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) must be satisfied.
(6) Governmental agencies may have access to certain records and information, limited to employer information possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in cases consistent with the purposes of chapter 50.38 RCW are government agencies not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied. Information provided by the department and held to be private and confidential under state or federal laws shall not be misused or released to unauthorized parties subject to the sanctions in RCW 50.13.080.
(7) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law. When federal law does not apply to the records or information state law shall control.
(((7))) (8) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information were obtained.
(((8))) (9) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need not apply.
Sec. 2. RCW 50.13.080 and 1977 ex.s. c 153 s 8 are each amended to read as follows:
(1) The employment security department shall have the right to disclose information or records deemed private and confidential under this chapter to any private person or organization when such disclosure is necessary to permit private contracting parties to assist in the operation and management of the department in instances where certain departmental functions may be delegated to private parties to increase the department's efficiency or quality of service to the public. The private persons or organizations shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as employment security department employees.
(2) Nothing in this section shall be construed as limiting or restricting the effect of RCW 42.17.260(((5)))(9).
(3) The misuse or unauthorized release of records or information deemed private and confidential under this chapter by any private person or organization to which access is permitted by this section shall subject the person or organization to a civil penalty of five ((hundred)) thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.
NEW SECTION. Sec. 3. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
NEW SECTION. Sec. 4. This act shall take effect July 1, 1996."
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 2 of the title, after "data;" strike the remainder of the title and insert "amending RCW 50.13.060 and 50.13.080; creating a new section; and providing an effective date."
MOTION
On motion of Senator Heavey, the rules were suspended, Engrossed House Bill No. 1647, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1647, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1647, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
ENGROSSED HOUSE BILL NO. 1647, as amended by the Senate, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2513, by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Hargrove and McMorris)
Concerning industrial insurance benefits.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2513 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2513.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2513 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 2513, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2310, by House Committee on Education (originally sponsored by Representatives Brumsickle, Radcliff and Mitchell)
Changing the date for notification of nonrenewal of a contract for a certificated employee.
The bill was read the second time.
MOTIONS
On motion of Senator McAuliffe, the following Committee on Education amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.405.210 and 1990 c 33 s 390 are each amended to read as follows:
No teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed except by written order of a majority of the directors of the district at a regular or special meeting thereof, nor unless he or she is the holder of an effective teacher's certificate or other certificate required by law or the state board of education for the position for which the employee is employed.
The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law, limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated. Any contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within ten days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term.
This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section.
Sec. 2. RCW 28A.405.220 and 1992 c 141 s 103 are each amended to read as follows:
Notwithstanding the provisions of RCW 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section during the first two years of employment by such district, unless the employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district. Employees as defined in this section shall hereinafter be referred to as "provisional employees".
In the event the superintendent of the school district determines that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. The determination of the superintendent shall be subject to the evaluation requirements of RCW 28A.405.100.
Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the superintendent's determination was based and to make any argument in support of his or her request for reconsideration.
Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.
The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal.
This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section provides the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW.
Sec. 3. RCW 28A.405.230 and 1990 c 33 s 392 are each amended to read as follows:
Any certificated employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator, or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be subject to transfer, at the expiration of the term of his or her employment contract, to any subordinate certificated position within the school district. "Subordinate certificated position" as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual compensation is less than the position currently held by the administrator.
Every superintendent determining that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position shall notify that administrator in writing on or before May 15th preceding the commencement of such school term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.
Every such administrator so notified, at his or her request made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the board of directors in an executive session thereof for the purpose of requesting the board to reconsider the decision of the superintendent. Such board, upon receipt of such request, shall schedule the meeting for no later than the next regularly scheduled meeting of the board, and shall notify the administrator in writing of the date, time and place of the meeting at least three days prior thereto. At such meeting the administrator shall be given the opportunity to refute any facts upon which the determination was based and to make any argument in support of his or her request for reconsideration. The administrator and the board may invite their respective legal counsel to be present and to participate at the meeting. The board shall notify the administrator in writing of its final decision within ten days following its meeting with the administrator. No appeal to the courts shall lie from the final decision of the board of directors to transfer an administrator to a subordinate certificated position: PROVIDED, That in the case of principals such transfer shall be made at the expiration of the contract year and only during the first three consecutive school years of employment as a principal by a school district; except that if any such principal has been previously employed as a principal by another school district in the state of Washington for three or more consecutive school years the provisions of this section shall apply only to the first full school year of such employment.
This section applies to any person employed as an administrator by a school district on June 25, 1976 and to all persons so employed at any time thereafter. This section provides the exclusive means for transferring an administrator to a subordinate certificated position at the expiration of the term of his or her employment contract.
Sec. 4. RCW 28A.310.250 and 1990 c 33 s 280 are each amended to read as follows:
No certificated employee of an educational service district shall be employed as such except by written contract, which shall be in conformity with the laws of this state. Every such contract shall be made in duplicate, one copy of which shall be retained by the educational service district superintendent and the other shall be delivered to the employee.
Every educational service district superintendent or board determining that there is probable cause or causes that the employment contract of a certificated employee thereof is not to be renewed for the next ensuing term shall be notified in writing on or before May 15th preceding the commencement of such term of that determination or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. The procedure and standards for the review of the decision of the hearing officer, superintendent or board and appeal therefrom shall be as prescribed for nonrenewal cases of teachers in RCW 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010. Appeals may be filed in the superior court of any county in the educational service district.
NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 2 of the title, after "employees;" strike the remainder of the title and insert "amending RCW 28A.405.210, 28A.405.220, 28A.405.230, and 28A.310.250; and declaring an emergency."
MOTION
On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 2310, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2310, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2310, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, 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 - 48.
Absent: Senator Pelz - 1.
SUBSTITUTE HOUSE BILL NO. 2310, as amended by the Senate, 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.
SECOND READING
HOUSE BILL NO. 2494, by Representatives Poulsen, Brumsickle and Carlson (by request of Board of Education)
Amending the duty of the state board of education to approve private schools to include kindergarten.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, House Bill No. 2494 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2494.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2494 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
HOUSE BILL NO. 2494, 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.
SECOND READING
HOUSE BILL NO. 2917, by Representatives Robertson, Romero and Cairnes
Eliminating a limitation on sites on which amusement games may be conducted.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, House Bill No. 2917 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Snyder: "A point of parliamentary inquiry. Does this take a sixty percent vote, because it expands gambling--or not?"
RULING BY THE PRESIDENT
President Pritchard: "We don't rule it that way--no. Just a minute, we have to talk. The President of the Senate was in error. As we reviewed it--the lawyers reviewed it--it is an extension of gambling and so it will take a sixty percent vote."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2917.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2917 and the bill failed to receive the sixty percent majority by the following vote: Yeas, 27; Nays, 21; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Johnson, Kohl, Long, Loveland, McAuliffe, Newhouse, Owen, Pelz, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Wojahn and Wood - 27.
Voting nay: Senators Cantu, Franklin, Haugen, Heavey, Hochstatter, McCaslin, McDonald, Morton, Moyer, Oke, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Swecker, Thibaudeau, Winsley and Zarelli - 21.
Absent: Senator Deccio - 1.
HOUSE BILL NO. 2917, having failed to receive the constitutional majority of sixty percent, was declared lost.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1078, by House Committee on Appropriations (originally sponsored by Representatives Ogden, Carlson, Casada, Cole, Quall, Benton, Pennington, Thibaudeau, Cooke, Boldt and Huff)
Changing provisions relating to instruction in Braille.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 1078 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1078.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1078 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1078, 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.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Prentice served notice that she would move to reconsider the vote by which House Bill No. 2917 failed to pass the Senate earlier today.
SECOND READING
HOUSE BILL NO. 2551, by Representatives Cairnes, Patterson, Ogden, Romero, Tokuda, Mitchell, Quall and K. Schmidt
Regulating limousines.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 2551 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Owen, further consideration of House Bill No. 2551 was deferred.
SECOND READING
ENGROSSED HOUSE BILL NO. 2396, by Representatives Fuhrman, Basich and Mastin (by request of Department of Fish and Wildlife)
Clarifying wildlife violations relating to game birds, game animals, and game fish.
The bill was read the second time.
MOTIONS
On motion of Senator Drew, the following Committee on Natural Resources amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to clarify hunting and fishing laws in light of the decision in State v. Bailey, 77 Wn. App. 732 (1995). The fish and wildlife commission has the authority to establish hunting and fishing seasons. These seasons are defined by limiting the times, manners of taking, and places or waters for lawful hunting, fishing, or possession of game animals, game birds, or game fish, as well as by limiting the physical characteristics of the game animals, game birds, or game fish which may be lawfully taken at those times, in those manners, and at those places or waters.
Sec. 2. RCW 77.08.010 and 1993 sp.s. c 2 s 66 are each amended to read as follows:
As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:
(1) "Director" means the director of fish and wildlife.
(2) "Department" means the department of fish and wildlife.
(3) "Commission" means the state fish and wildlife commission.
(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.
(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.
(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
(11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, or possession of game animals, game birds, or game fish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, or possess by rule of the commission as an open season.
(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.
(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.
(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).
(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.
Sec. 3. RCW 77.16.020 and 1987 c 506 s 59 are each amended to read as follows:
(1) It is unlawful to hunt, fish, or possess((, or control)) a ((species of game bird,)) game animal, game bird, or game fish during ((the)) closed season for that ((species)) game animal, game bird, or game fish except as provided in RCW 77.12.105 or 77.12.265.
(2) It is unlawful to kill, take, catch, possess, or control ((these species)) a game animal, game bird, or game fish in excess of the number fixed as the bag limit for ((each species)) that game animal, game bird, or game fish.
(3) It is unlawful to hunt within a game reserve or to fish for game fish within closed waters.
(4) It is unlawful to hunt wild birds or wild animals within a closed area except as authorized by rule of the commission.
(5) It is unlawful to hunt or fish for wildlife, practice taxidermy for profit, deal in raw furs for profit, act as a fishing guide, or operate a game farm, stock game fish, or collect wildlife for research or display, without having in possession the license, permit, tag, stamp, or ((punchcard)) catch record card required by chapter 77.32 RCW or rule of the department. The activities described in this subsection shall be conducted in accordance with rules adopted pursuant to this title.
(6) For the purposes of this section, the department shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis)."
On motion of Senator Drew, the following title amendment was adopted:
On page 1, line 1 of the title, after "violations;" strike the remainder of the title and insert "amending RCW 77.08.010 and 77.16.020; and creating a new section."
MOTION
On motion of Senator Drew, the rules were suspended, Engrossed House Bill No. 2396, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Anderson, Senator Schow was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2396, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2396, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator Schow - 1.
ENGROSSED HOUSE BILL NO. 2396, as amended by the Senate, 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.
There being no objection, the President advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of House Bill No. 2551, deferred on third reading earlier today.
POINT OF INQUIRY
Senator Owen: "Senator Heavey, as co-chairman of the Interim Task Force on Luxury Cars and Limousines, I have a few questions on the intent of this legislation. Section 5 states that a limousine carrier or company must have an office and a vehicle cannot solely be used as an office. It is my understanding that the intent is to prevent a limousine carrier from using the limo, luxury car or van as his/her only office. Does this mean that the limousine operator must have a commercial office and be staffed?"
Senator Heavey: "No, a limousine carrier is not required to have an office at a commercial location or any additional staff. The carrier's home can serve as an office equipped with an answering machine, call forwarding or other cellular technology."
Senator Owen: "Thank you. Section 5 also states that arrangements for service are prearranged through the carrier's office and dispatched to the limo or luxury car. It is my understanding that the intent is to prevent customers from flagging down a luxury sedan off the street, at the airport, or in a hotel lobby. Does the term 'dispatched' mean that the carrier must have a radio dispatcher?"
Senator Heavey: "Thank you, Senator Owen. No, 'dispatcher' is not intended to mean the hiring of a professional employee to act as a radio dispatcher. The term 'dispatched' simply means to send, to transmit."
Senator Owen: "I have to admit that I was concerned about flagging down a luxury sedan in a hotel lobby. What is the intent of the provision in Section 5 that states that customers cannot make arrangements with the driver for immediate rental of a limousine or luxury car, even if the driver is the owner?"
Senator Heavey: "Senator Owen, this is intended to prevent curbside hails and ensure that limousines may not acquire customers in the same manner as taxicabs. However, the prearrangement requirements do not prevent a concierge from contacting the owner to place an order, even if the owner happens to be in his/her car at the time the arrangement is made."
Further debate ensued.
MOTION
On motion of Senator Thibaudeau, Senator Quigley was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2551.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2551 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.
Absent: Senator Hargrove - 1.
Excused: Senator Quigley - 1.
HOUSE BILL NO. 2551, 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.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2814, by Representatives McMorris, D. Sommers, Schoesler, Thompson, Romero, Brown and Hargrove
Regulating the disposal of property by self-storage facilities.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, House Bill No. 2814 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2814.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2814 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.
Excused: Senator Quigley - 1.
HOUSE BILL NO. 2814, 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
On motion of Senator Anderson, Senators Moyer and Wood were excused.
SECOND READING
HOUSE BILL NO. 2459, by Representatives Clements, Skinner, Schoesler, Silver and Johnson
Adjusting tire factors for vehicle maximum gross weights.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, House Bill No. 2459 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2459.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2459 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Moyer, Quigley and Wood - 3.
HOUSE BILL NO. 2459, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2640, by House Committee on Education (originally sponsored by Representatives Clements, Brumsickle, Radcliff, Poulsen, Hatfield, Linville, Dickerson, Basich and Cole)
Changing truancy provisions.
The bill was read the second time.
MOTION
Senator McAuliffe moved that the following Committee on Education amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.225.010 and 1990 c 33 s 219 are each amended to read as follows:
(1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:
(a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);
(b) The child is receiving home-based instruction as provided in subsection (4) of this section; ((or))
(c) The child is attending an education center as provided in chapter 28A.205 RCW;
(d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or
(((d))) (e) The child is ((fifteen)) sixteen years of age or older and:
(i) ((The school district superintendent determines that such child has already attained a reasonable proficiency in the branches required by law to be taught in the first nine grades of the public schools of this state;
(ii))) The child is regularly and lawfully ((engaged in a useful or remunerative occupation)) employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW;
(((iii))) (ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or
(((iv))) (iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.
(2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.
(3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130.
(4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:
(a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or
(b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or
(c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.
(5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.
Sec. 2. RCW 28A.225.020 and 1995 c 312 s 67 are each amended to read as follows:
(1) If a child required to attend school under ((the laws of the state of Washington)) RCW 28A.225.010 fails to attend school without valid justification, the ((child's)) public school in which the child is enrolled shall:
(((1))) (a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year. School officials shall inform the parent of the potential consequences of additional unexcused absences;
(((2))) (b) Schedule a conference or conferences with the custodial parent, parents, or guardian and child at a time ((and place)) reasonably convenient for all persons included for the purpose of analyzing the causes of the child's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and
(((3))) (c) Take steps to eliminate or reduce the child's absences. These steps shall include, where appropriate, adjusting the child's school program or school or course assignment, providing more individualized or remedial instruction, providing appropriate vocational courses or work experience, ((or refer)) referring the child to a community truancy board, requiring the child to attend an alternative school or program, or assisting the parent or child to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school. If the child's parent does not attend the scheduled conference, the conference may be conducted with the student and school official. However, the parent shall be notified of the steps to be taken to eliminate or reduce the child's absence.
(2) For purposes of this chapter, an "unexcused absence" means that a child:
(a) Has failed to attend the majority of hours or periods in an average school day or has failed to comply with a more restrictive school district policy; and
(b) Has failed to meet the school district's policy for excused absences.
Sec. 3. RCW 28A.225.030 and 1995 c 312 s 68 are each amended to read as follows:
(1) If a child is required to attend school under RCW 28A.225.010 and if the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student's absences from public school, ((upon the fifth)) not later than the seventh unexcused absence by a child within any month during the current school year or ((upon)) not later than the tenth unexcused absence during the current school year the school district shall file a petition and supporting affidavit for a civil action with the juvenile court alleging a violation of RCW 28A.225.010: (((1))) (a) By the parent; (((2))) (b) by the child; or (((3))) (c) by the parent and the child. Except as provided in this subsection, no additional documents need be filed with the petition.
(2) The district shall not later than the fifth unexcused absence in a month:
(a) Enter into an agreement with a student and parent that establishes school attendance requirements;
(b) Refer a student to a community truancy board as defined in RCW 28A.225.025. The community truancy board shall enter into an agreement with the student and parent that establishes school attendance requirements and take other appropriate actions to reduce the child's absences; or
(c) File a petition under subsection (1) of this section.
(3) The petition may be filed by a school district employee who is not an attorney.
(4) If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.
Sec. 4. RCW 28A.225.035 and 1995 c 312 s 69 are each amended to read as follows:
(1) A petition for a civil action under RCW 28A.225.030 shall consist of a written notification to the court alleging that:
(a) The child has ((five or more)) unexcused absences ((within any month)) during the current school year ((or ten or more unexcused absences in the current school year));
(b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and
(c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.
(2) The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child's parents.
(3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter.
(4) When a petition is filed under RCW 28A.225.030, the juvenile court ((may:
(a))) shall schedule a ((fact-finding)) hearing at which the court shall consider the petition((;)). However, a hearing shall not be required if other actions by the court would substantially reduce the child's unexcused absences.
(((b))) When a hearing is held, the court shall:
(a) Separately notify the child, the parent of the child, and the school district of the ((fact-finding)) hearing;
(((c))) (b) Notify the parent and the child of their rights to present evidence at the ((fact-finding)) hearing; and
(((d))) (c) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.
(5) The court may require the attendance of both the child and the parents at any hearing on a petition filed under RCW 28A.225.030.
(6) The court may permit the first hearing to be held without requiring that either party be represented by legal counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050. At the request of the school district, the court may permit a school district representative who is not an attorney to represent the school district at any future hearings.
(7) The court shall grant the petition and enter an order assuming jurisdiction to intervene for the remainder of the school year, if the allegations in the petition are established by a preponderance of the evidence.
(((7))) (8) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.
(9) Community truancy boards and the courts shall coordinate, to the extent possible, proceedings and actions pertaining to children who are subject to truancy petitions and at-risk youth petitions in RCW 13.32A.191 or child in need of services petitions in RCW 13.32A.140.
Sec. 5. RCW 28A.225.151 and 1995 c 312 s 72 are each amended to read as follows:
(1) As required under subsection (2) of this section, each school shall document the actions taken under RCW ((28A.225.020 and)) 28A.225.030 and report this information ((at the end of each grading period)) to the school district superintendent who shall compile the data for all the schools in the district and prepare an annual school district report for each school year and submit the report to the superintendent of public instruction. The reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction.
(2) The reports under subsection (1) of this section shall include:
(a) The number of enrolled students and the number of ((excused and)) unexcused absences;
(b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020 at the request of the superintendent of public instruction. Each year, by May 1st, the superintendent of public instruction shall select ten school districts to submit the report at the end of the following school year. The ten districts shall represent different areas of the state and be of varied sizes. In addition, the superintendent of public instruction shall require any district that fails to keep appropriate records to submit a full report to the superintendent of public instruction under this subsection. All school districts shall document steps taken under RCW 28A.225.020 in each student's record, and make those records available upon request consistent with the laws governing student records;
(c) The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month during a school year;
(d) ((Documentation of success by the school district in substantially reducing enrolled student absences for students with five or more absences in any month or ten or more unexcused absences in any school year)) A description of any programs or schools developed to serve students who have had five or more unexcused absences in a month or ten in a year including information about the number of students in the program or school and the number of unexcused absences of students during and after participation in the program. The school district shall also describe any placements in an approved private nonsectarian school or program or certified program under a court order under RCW 28A.225.090; and
(e) The number of petitions filed by a school district ((or a parent)) with the juvenile court((; and
(f) The disposition of cases filed with the juvenile court, including the frequency of contempt orders issued to enforce a court's order under RCW 28A.225.090)).
(3) A report required under this section shall not disclose the name or other identification of a child or parent.
(4) The superintendent of public instruction shall collect these reports from all school districts and prepare an annual report for each school year to be submitted to the legislature no later than December 15th of each year.
Sec. 6. RCW 28A.225.090 and 1995 c 312 s 74 are each amended to read as follows:
((Any person violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. However, a child found to be in violation of RCW 28A.225.010 shall be required to attend school and shall not be fined. If the child fails to comply with the court order to attend school, the)) (1) A court may((: (1) Order the child be punished by detention; or (2) impose alternatives to detention such as community service hours or participation in)) order a child subject to a petition under RCW 28A.225.035 to:
(a) Attend the child's current school;
(b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program((s or referral)), or another public educational program;
(c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district; or
(d) Be referred to a community truancy board, if available.
(2) If the child fails to comply with the court order, the court may order the child to be punished by detention or may impose alternatives to detention such as community service. Failure by a child to comply with an order issued under this ((section)) subsection shall not be punishable by detention for a period greater than that permitted pursuant to a contempt proceeding against a child under chapter 13.32A RCW.
(3) Any parent violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service ((at the child's school)) instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.
((School districts shall make complaint for violation of the provisions of RCW 28A.225.010 through 28A.225.140 to a judge of the juvenile court.))
Sec. 7. RCW 4.08.050 and 1992 c 111 s 9 are each amended to read as follows:
Except as provided under RCW 26.50.020 and 28A.225.035, when an infant is a party he or she shall appear by guardian, or if he or she has no guardian, or in the opinion of the court the guardian is an improper person, the court shall appoint one to act. Said guardian shall be appointed as follows:
(1) When the infant is plaintiff, upon the application of the infant, if he or she be of the age of fourteen years, or if under that age, upon the application of a relative or friend of the infant.
(2) When the infant is defendant, upon the application of the infant, if he or she be of the age of fourteen years, and applies within thirty days after the service of the summons; if he or she be under the age of fourteen, or neglects to apply, then upon the application of any other party to the action, or of a relative or friend of the infant.
NEW SECTION. Sec. 8. A new section is added to chapter 2.56 RCW to read as follows:
The administrator for the courts shall prepare a report for each school year to be submitted to the legislature no later than December 15th of each year that summarizes the disposition of petitions filed with the juvenile court under RCW 28A.225.030, including the number of contempt orders issued to enforce a court's order under RCW 28A.225.030.
Sec. 9. RCW 28A.225.025 and 1995 c 312 s 66 are each amended to read as follows:
For purposes of this chapter, "community truancy board" means a board composed of members of the local community in which the child attends school. The local school district boards of directors may create a community truancy board or may use other boards that exist or are created, such as diversion boards. However, a diversion or other existing board must agree before it is used as a truancy board. Members of the board shall be selected from representatives of the community. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance such as assisting the parent or the child to obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school district that the child enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program, or another public or private educational program.
NEW SECTION. Sec. 10. (1) The superintendent of public instruction, subject to available funding, shall establish an incentive program to encourage the creation of alternative learning schools and programs for students who have been truant, suspended, expelled, or who are subject to other disciplinary actions. Grants may be awarded to individual school districts, school district consortiums, and educational service districts. Funds for the grants may be used for planning and initial program development. Grants shall be awarded no later than November 1, 1996.
(2) This section expires June 30, 1997.
NEW SECTION. Sec. 11. A new section is added to chapter 28A.225 RCW to read as follows:
The superintendent of public instruction, subject to available funding, shall allocate funds to provide educational services for children who have been referred to a community truancy board or to the courts under RCW 28A.225.030. The funds shall be used on behalf of such children for enrollment in skill centers, education centers, alternative programs, and in other public or private educational programs. Decisions regarding the expenditure of the funds shall be made by the community truancy board or the courts, whichever is applicable. The amount of the assistance for each child shall be determined in accordance with the omnibus appropriations act. These funds shall be in excess of any other funds provided through RCW 28A.150.260 as basic education and other state, federal, or local sources.
"Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Education striking amendment to Engrossed Substitute House Bill No. 2640.
The motion by Senator McAuliffe carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 1 of the title, after "attendance;" strike the remainder of the title and insert "amending RCW 28A.225.010, 28A.225.020, 28A.225.030, 28A.225.035, 28A.225.151, 28A.225.090, 4.08.050, and 28A.225.025; adding a new section to chapter 2.56 RCW; adding a new section to chapter 28A.225 RCW; creating a new section; prescribing penalties; and providing an expiration date."
On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute House Bill No. 2640, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2640, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2640, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Moyer, Quigley and Wood - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2640, as amended by the Senate, 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.
SECOND READING
HOUSE BILL NO. 2638, by Representatives Reams, H. Sommers and Dellwo (by request of Office of Financial Management and Department of Information Services)
Repealing the sunset of the department of information services.
The bill was read the second time.
MOTION
Senator Cantu moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The following acts or parts of acts are each repealed:
(1) RCW 43.131.353 and 1996 c . . . s 2 (section 2 of this act), 1992 c 20 s 12, & 1987 c 504 s 22; and
(2) RCW 43.131.354 and 1996 c . . . s 3 (section 3 of this act), 1992 c 20 s 13, & 1987 c 504 s 24.
Sec. 2. RCW 43.131.353 and 1992 c 20 s 12 are each amended to read as follows:
The information services board and the department of information services and their powers and duties shall be terminated on June 30, ((1996)) 1998, as provided in RCW 43.131.354. The program and fiscal review considered by the 1996 legislature fulfills the requirement to conduct such a review under RCW 43.131.050.
Sec. 3. RCW 43.131.354 and 1992 c 20 s 13 are each amended to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1997)) 1999:
(1) RCW 41.06.094 and 1987 c 504 s 7;
(2) RCW 43.88.560 and 1992 c 20 s 7;
(3) RCW 43.105.005 and 1990 c 208 s 1 & 1987 c 504 s 1;
(4) RCW 43.105.017 and 1992 c 20 s 6, 1990 c 208 s 2, & 1987 c 504 s 2;
(5) RCW 43.105.020 and 1990 c 208 s 3, 1987 c 504 s 3, 1973 1st ex.s. c 219 s 3, & 1967 ex.s. c 115 s 2;
(6) RCW 43.105.032 and 1992 c 20 s 8, 1987 c 504 s 4, 1984 c 287 s 86, 1975-'76 2nd ex.s. c 34 s 128, & 1973 1st ex.s. c 219 s 5;
(7) RCW 43.105.041 and 1990 c 208 s 6, 1987 c 504 s 5, 1983 c 3 s 115, & 1973 1st ex.s. c 219 s 6;
(8) RCW 43.105.047 and 1992 c 20 s 9 & 1987 c 504 s 6;
(9) RCW 43.105.052 and 1992 c 20 s 10, 1990 c 208 s 7, & 1987 c 504 s 8;
(10) RCW 43.105.055 and 1987 c 504 s 9;
(11) RCW 43.105.057 and 1992 c 20 s 11 & 1990 c 208 s 13;
(12) RCW 43.105.060 and 1987 c 504 s 10, 1973 1st ex.s. c 219 s 9, & 1967 ex.s. c 115 s 6;
(13) RCW 43.105.070 and 1969 ex.s. c 212 s 4;
(14) RCW 43.105.080 and 1987 c 504 s 11, 1983 c 3 s 116, & 1974 ex.s. c 129 s 1;
(15) RCW 43.105.900 and 1973 1st ex.s. c 219 s 10;
(16) RCW 43.105.901 and 1987 c 504 s 25;
(17) RCW 43.105.902 and 1987 c 504 s 26;
(18) RCW 43.105.160 and 1992 c 20 s 1;
(19) RCW 43.105.170 and 1992 c 20 s 2;
(20) RCW 43.105.180 and 1992 c 20 s 3;
(21) RCW 43.105.190 and 1992 c 20 s 4; and
(22) RCW 43.105.200 and 1992 c 20 s 5.
NEW SECTION. Sec. 4. Section 1 of this act takes effect July 1, 1999."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Cantu to House Bill No. 2638.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 2638 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2638.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2638 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Moyer, Quigley and Wood - 3.
HOUSE BILL NO. 2638, 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.
SECOND READING
HOUSE BILL NO. 2659, by Representatives Skinner, R. Fisher and Cairnes (by request of Department of Licensing)
Computing special fuel tax on a mileage basis.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 2659 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2659.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2659 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Moyer, Quigley and Wood - 3.
HOUSE BILL NO. 2659, 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.
SECOND READING
HOUSE BILL NO. 2660, by Representatives Cairnes and R. Fisher (by request of Department of Licensing)
Revising procedures for refund of certain fees and taxes.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 2660 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2660.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2660 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley and Wojahn - 43.
Voting nay: Senators Anderson, A., McCaslin and Zarelli - 3.
Excused: Senators Moyer, Quigley and Wood - 3.
HOUSE BILL NO. 2660, 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.
There being no objection, the President reverted the Senate to the first order of business.
REPORT OF STANDING COMMITTEE
February 28, 1996
SB 6778 Prime Sponsor, Senator Drew: Requiring a unanimous vote of the board of natural resources for certain issues dealing with endangered species. Reported by Committee on Natural Resources
MAJORITY Recommendation: Do pass. Signed by Senators Drew, Chair; Hargrove, Haugen, Morton, Snyder and Swecker.
Passed to Committee on Rules for second reading.
MOTION
At 8:34 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Thursday, February 29, 1996.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate