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FIFTY-EIGHTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Tuesday, March 5, 1996

The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Drew, Pelz, Prince, Roach and Wood. On motion of Senator Hochstatter, Senator Cantu was excused. On motion of Senator Thibaudeau, Senators Drew and Pelz were excused. On motion of Senator Anderson, Senators Prince, Roach and Wood were excused.

The Sergeant at Arms Color Guard, consisting of Pages Candace Taber and Justin Montermini, presented the Colors. Reverend Phil Rue, pastor of the Gloria Dei Lutheran Church 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

March 4, 1996

MR. PRESIDENT:

The Speaker has signed:

SENATE BILL NO. 6089,

SENATE BILL NO. 6090,

SUBSTITUTE SENATE BILL NO. 6091,

SUBSTITUTE SENATE BILL NO. 6126,

SENATE BILL NO. 6129,

SENATE BILL NO. 6138,

SUBSTITUTE SENATE BILL NO. 6169,

SUBSTITUTE SENATE BILL NO. 6189,

SUBSTITUTE SENATE BILL NO. 6214,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6266,

SENATE BILL NO. 6289,

SENATE BILL NO. 6312,

SUBSTITUTE SENATE BILL NO. 6315,

SUBSTITUTE SENATE BILL NO. 6379,

SENATE BILL NO. 6403,

ENGROSSED SENATE BILL NO. 6423,

SUBSTITUTE SENATE BILL NO. 6533,

SUBSTITUTE SENATE BILL NO. 6551,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6556,

ENGROSSED SENATE BILL NO. 6566,

SENATE BILL NO. 6684, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 4, 1996

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1231,

SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1967,

HOUSE BILL NO. 2126,

ENGROSSED HOUSE BILL NO. 2132,

HOUSE BILL NO. 2152,

SUBSTITUTE HOUSE BILL NO. 2188,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2217,

SUBSTITUTE HOUSE BILL NO. 2311,

SUBSTITUTE HOUSE BILL NO. 2358,

SUBSTITUTE HOUSE BILL NO. 2376,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2406,

ENGROSSED HOUSE BILL NO. 2452,

SUBSTITUTE HOUSE BILL NO. 2518,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2537,

SUBSTITUTE HOUSE BILL NO. 2545,

ENGROSSED HOUSE BILL NO. 2613,

HOUSE BILL NO. 2623,

SUBSTITUTE HOUSE BILL NO. 2656,

SUBSTITUTE HOUSE BILL NO. 2689,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2703,

SUBSTITUTE HOUSE BILL NO. 2720,

SUBSTITUTE HOUSE BILL NO. 2762,

HOUSE BILL NO. 2790,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2832,

ENGROSSED HOUSE BILL NO. 2837,

HOUSE BILL NO. 2849.

TIMOTHY A. MARTIN, Chief Clerk

March 4, 1996

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED HOUSE BILL NO. 2133,

SUBSTITUTE HOUSE BILL NO. 2179,

ENGROSSED HOUSE BILL NO. 2254,

SUBSTITUTE HOUSE BILL NO. 2338,

HOUSE BILL NO. 2340,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2343,

HOUSE BILL NO. 2457,

SUBSTITUTE HOUSE BILL NO. 2463,

HOUSE BILL NO. 2559,

SUBSTITUTE HOUSE BILL NO. 2579,

HOUSE BILL NO. 2595,

HOUSE BILL NO. 2636,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2657,

HOUSE BILL NO. 2661,

SUBSTITUTE HOUSE BILL NO. 2664,

SUBSTITUTE HOUSE BILL NO. 2690,

HOUSE BILL NO. 2726,

SUBSTITUTE HOUSE BILL NO. 2727,

SUBSTITUTE HOUSE BILL NO. 2757,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2781,

HOUSE BILL NO. 2791,

HOUSE BILL NO. 2811,

HOUSE BILL NO. 2836,

ENGROSSED HOUSE BILL NO. 2838, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED HOUSE BILL NO. 2133,

SUBSTITUTE HOUSE BILL NO. 2179,

ENGROSSED HOUSE BILL NO. 2254,

SUBSTITUTE HOUSE BILL NO. 2338,

HOUSE BILL NO. 2340,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2343,

HOUSE BILL NO. 2457,

SUBSTITUTE HOUSE BILL NO. 2463,

HOUSE BILL NO. 2559,

SUBSTITUTE HOUSE BILL NO. 2579,

HOUSE BILL NO. 2595,

HOUSE BILL NO. 2636,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2657,

HOUSE BILL NO. 2661,

SUBSTITUTE HOUSE BILL NO. 2664,

SUBSTITUTE HOUSE BILL NO. 2690,

HOUSE BILL NO. 2726,

SUBSTITUTE HOUSE BILL NO. 2727,

SUBSTITUTE HOUSE BILL NO. 2757,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2781,

HOUSE BILL NO. 2791,

HOUSE BILL NO. 2811,

HOUSE BILL NO. 2836,

ENGROSSED HOUSE BILL NO. 2838.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator West, Gubernatorial Appointment No. 9132, David J. Kjos, as a member of the Spokane Joint Center for Higher Education, was confirmed.

APPOINTMENT OF DAVID J. KJOS

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, A., Bauer, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.

Excused: Senators Cantu, Drew, Pelz, Prince, Roach and Wood - 6.

MOTION

On motion of Senator Spanel, Gubernatorial Appointment No. 9219, Gary Shimada, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.

APPOINTMENT OF GARY SHIMADA

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

Excused: Senators Cantu, Pelz, Prince and Roach - 4.

MOTION

On motion of Senator Quigley, Gubernatorial Appointment No. 9182, Michael Kleinberg, as a member of the Board of Pharmacy, was confirmed.

APPOINTMENT OF MICHAEL KLEINBERG

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Excused: Senators Cantu and Prince - 2.

MOTION

On motion of Senator Quigley, Gubernatorial Appointment No. 9179, Dr. Allan W. Lobb, as a member of the Health Care Facilities Authority, was confirmed.

APPOINTMENT OF DR. ALLAN W. LOBB

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Absent: Senators Franklin and Hargrove - 2.

Excused: Senator Prince - 1.

MOTION

On motion of Senator Drew, Gubernatorial Appointment No. 9262, Senator Harriet A. Spanel, as a member of the Pacific Marine Fisheries Commission, was confirmed.

Senators Drew and McCaslin spoke to the confirmation of Senator Harriet A. Spanel as a member of the Pacific Marine Fisheries Commission.

APPOINTMENT OF SENATOR HARRIET A. SPANEL

The Secretary called the roll. The appointment was confirmed 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, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator Prince - 1.

MOTION

On motion of Senator Thibaudeau, Senator Sutherland was excused.

MOTION

On motion of Senator Drew, Gubernatorial Appointment No. 9263, Senator Dean Sutherland, as a member of the Pacific Marine Fisheries Commission, was confirmed.

Senators Drew and Oke spoke to the confirmation of Senator Dean Sutherland as a member of the Pacific Marine Fisheries Commission.

APPOINTMENT OF SENATOR DEAN SUTHERLAND

The Secretary called the roll. The appointment was confirmed 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, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Absent: Senator Rinehart - 1.

Excused: Senators Prince and Sutherland - 2.

MOTION

At 10:40 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 1:38 p.m. by President Pritchard.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGES FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House grants the requests of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6257. The Speaker has appointed the following members as conferees: Representatives Sheahan, Lambert and Dellwo.

TIMOTHY A. MARTIN, Chief Clerk

March 4, 1996

MR. PRESIDENT:

The House grants the grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6666. The Speaker has appointed the following members as conferees: Representatives Talcott, Carrell and Regala.

TIMOTHY A. MARTIN, Chief Clerk

March 5, 1996

MR. PRESIDENT:

The House has adopted SENATE CONCURRENT RESOLUTION NO. 8431, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE SENATE BILL NO. 5167,

SECOND SUBSTITUTE SENATE BILL NO. 5175,

SUBSTITUTE SENATE BILL NO. 5250,

SECOND SUBSTITUTE SENATE BILL NO. 5516,

SUBSTITUTE SENATE BILL NO. 5818,

SUBSTITUTE SENATE BILL NO. 5865,

SUBSTITUTE SENATE BILL NO. 6078,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6120,

SUBSTITUTE SENATE BILL NO. 6173,

SUBSTITUTE SENATE BILL NO. 6180,

SECOND SUBSTITUTE SENATE BILL NO. 6260,

ENGROSSED SENATE BILL NO. 6277,

SENATE BILL NO. 6286,

SUBSTITUTE SENATE BILL NO. 6322,

SENATE BILL NO. 6428,

SUBSTITUTE SENATE BILL NO. 6514,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6521,

SUBSTITUTE SENATE BILL NO. 6532,

SUBSTITUTE SENATE BILL NO. 6699,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6753,

SENATE BILL NO. 6757.

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6168,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6241,

SENATE BILL NO. 6243,

ENGROSSED SENATE BILL NO. 6413,

ENGROSSED SENATE BILL NO. 6544,

SUBSTITUTE SENATE BILL NO. 6576,

SUBSTITUTE SENATE BILL NO. 6583,

SUBSTITUTE SENATE BILL NO. 6636,

SUBSTITUTE SENATE BILL NO. 6692,

SENATE BILL NO. 6718,

SENATE CONCURRENT RESOLUTION NO. 8428.

SIGNED BY THE PRESIDENT

The President signed:

SENATE CONCURRENT RESOLUTION NO. 8431.

There being no objection, the President advanced the Senate to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator West, Gubernatorial Appointment No. 9193, Elizabeth McInturff, as a member of the Board of Trustees for Spokane and Spokane Falls Community College District No. 17, was confirmed.

Senators West and Moyer spoke to the confirmation of Elizabeth McInturff as a member of the Board of Trustees for Spokane and Spokane Falls Community College.

MOTIONS

On motion of Senator Thibaudeau, Senators Haugen, Loveland, Pelz, Rinehart and Smith were excused.

On motion of Senator Anderson, Senator McDonald was excused.

APPOINTMENT OF ELIZABETH McINTURFF

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Excused: Senators Haugen, Loveland, McDonald, Pelz, Prince, Rinehart and Smith - 7.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 1, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5322 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 41.26 RCW under the subchapter heading "provisions applicable to plan I and plan II" to read as follows:

(1) A one hundred fifty thousand dollar death benefit 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. If there be no such designated person or persons still living at the time of the member's death, such member's death benefit shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

(2) The benefit under this section shall be paid only where death occurs as a result of injuries sustained in the course of employment. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.

NEW SECTION. Sec. 2. A new section is added to chapter 43.43 RCW to read as follows:

NEW SECTION. Sec. 3. The Joint Committee on Pension Policy will conduct a study on providing a similar death benefit for volunteer fire fighters and reserve law enforcement officers and report back to the appropriate legislative committees by December 1, 1996.

NEW SECTION. Sec. 4. 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."

Correct title accordingly., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Drew, the Senate concurred in the House amendment to Engrossed Second Substitute Senate Bill No. 5322.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substiute Senate Bill No. 5322, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substiute Senate Bill No. 5322, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 6; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Johnson, Kohl, Long, McAuliffe, McCaslin, Moyer, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 38.

Voting nay: Senators Cantu, Hochstatter, Morton, Newhouse, Oke and Schow - 6.

Excused: Senators Haugen, Loveland, McDonald, Pelz and Rinehart - 5.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5322, as amended by the House, 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 eighth order of business.

MOTION

On motion of Senator Snyder, the following resolution was adopted:

SENATE RESOLUTION 1996-8707

By Senators Snyder, Strannigan, Roach, Heavey, Goings and Spanel

WHEREAS, Howard Vietzke began his career as a firefighter on January 23, 1956, when he joined the Spokane Fire Department; and

WHEREAS, Vietzke worked his way up to the rank of Fire Lieutenant on September 9, 1969; and

WHEREAS, In addition to his firefighting duties, Vietzke was active in the firefighters' union and served as Secretary-Treasurer of the Washington State Council of Firefighters for nine years; and

WHEREAS, Vietzke retired on January 24, 1985, after serving twenty-nine years with the Spokane Fire Department; and

WHEREAS, Vietzke continued his efforts to secure better working conditions for his fellow firefighters as Legislative Director for the Washington State Council of Firefighters, a post he has held since November, 1981; and

WHEREAS, In that position, Vietzke has fought to protect and improve pension provisions for LEOFF firefighters; and

WHEREAS, Vietzke also was instrumental in bringing to the attention of lawmakers, the issue of presumptive lung disease for firefighters; and

WHEREAS, Vietzke has distinguished himself as a tireless advocate on behalf of the thousands of men and women who protect our homes and property; and

WHEREAS, The Legislature will be losing this valued friend and ally as Vietzke has announced plans to retire from his legislative career on the first of July;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognizes Howard Vietzke for his decades of service to his fellow firefighters and commends him for his dedicated work on their behalf; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to Howard Vietzke.

Senators Snyder, Sheldon, Pelz, Heavey, Kohl and Long spoke to Senate Resolution 1996-8707.

INTRODUCTION OF SPECIAL GUEST

The President welcomed and introduced Howard Vietzke, who was seated in the gallery.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 1, 1996

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6597 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 36.70B.080 and 1995 c 347 s 409 are each amended to read as follows:

(1) Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods consistent with RCW 36.70B.090 for local government actions on specific project permit applications and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed project permit application necessary for the application of such time periods and procedures.

(2) Development regulations adopted under RCW 36.70A.040 shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the city or county. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.

(3) In jurisdictions planning under this chapter that have adopted regulations restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.

(4) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.

(5) A reasonable use exception from development regulations must be granted under the following circumstances:

(a) The development regulation or the application thereof:

(i) Directly or effectively precludes the type or intensity of uses allowed by the provision of the zoning ordinance which identifies the type and intensity or density of uses permitted in the zoning designation; or

(ii) Directly or effectively precludes substantially all reasonable economic uses of any part of the property; and

(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.

(6) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (5) of this section.

(7) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.

(8) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.

(9) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.

Sec. 2. RCW 36.70B.080 and 1995 c 347 s 410 are each amended to read as follows:

(1) Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods for local government actions on specific project permit applications and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed project permit application necessary for the application of such time periods and procedures.

(4) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.

(5) A reasonable use exception from development regulations must be granted under the following circumstances:

(a) The development regulation or the application thereof:

(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and

(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.

(6) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (5) of this section.

(7) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.

(9) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.

NEW SECTION. Sec. 3. A new section is added to chapter 35.22 RCW to read as follows:

Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the first class city. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.

NEW SECTION. Sec. 4. A new section is added to chapter 35.22 RCW to read as follows:

(1) In jurisdictions planning under this chapter that have adopted regulations restricting the use of private property, those regulations shall provide for the use of a reasonable use exception in accordance with this section.

(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.

(3) A reasonable use exception from development regulations must be granted under the following circumstances:

(a) The development regulation or the application thereof:

(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and

(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.

(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.

(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.

(6) "Private property" means all real property or an interest in real property recognized under Washington law, including but not limited to: Estates in fee; life estates; estates for years or otherwise; inchoate interests in real property such as remainders and future interests; personalty that is affixed or appurtenant to real property; easements; covenants; leaseholds; the right to use water or the right to receive water; or rents, issues, and profits of land, including minerals, timber, and crops.

(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.

NEW SECTION. Sec. 5. A new section is added to chapter 35.63 RCW to read as follows:

Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the city. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.

NEW SECTION. Sec. 6. A new section is added to chapter 35.63 RCW to read as follows:

(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.

(3) A reasonable use exception from development regulations must be granted under the following circumstances:

(a) The development regulation or the application thereof:

(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and

(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.

(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.

(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.

(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.

NEW SECTION. Sec. 7. A new section is added to chapter 35A.63 RCW to read as follows:

Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the code city. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.

NEW SECTION. Sec. 8. A new section is added to chapter 35A.63 RCW to read as follows:

(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.

(3) A reasonable use exception from development regulations must be granted under the following circumstances:

(a) The development regulation or the application thereof:

(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and

(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.

(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.

(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.

(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.

NEW SECTION. Sec. 9. A new section is added to chapter 36.70 RCW to read as follows:

Development regulations adopted under this chapter shall include procedures to facilitate the conduct of voluntary preapplication meetings between a potential permit applicant, involved governmental entities, adjacent property owners, or other classes of groups and individuals deemed appropriate by the county. Participation or nonparticipation in such a meeting does not affect an individual's or group's standing in a legal action that might be brought concerning a subsequent permit application. Nothing in this section precludes development regulations from also establishing or using a process involving only a potential permit applicant and the local government.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70 RCW to read as follows:

(2) Because government has no right to treat people unreasonably in regard to their rights in real property, a reasonable use exception is required to avoid unreasonable burdens on property owners.

(3) A reasonable use exception from development regulations must be granted under the following circumstances:

(a) The development regulation or the application thereof:

(ii) Directly or effectively precludes all reasonable economic uses of any part of the property; and

(b) The development regulation is not preventing, mitigating, or abating a nuisance as defined by the laws of this state or as recognized under the common law standards for defining a nuisance.

(4) The relief granted by a reasonable use exception must mitigate the loss, if any, in fair market value of the real property caused by restriction identified in subsection (3) of this section.

(5) "Reasonable economic uses" are uses of property that are more than nominal or passive, that are proportionate to and compatible with actual uses of property in the immediate area.

(7) Nothing in this section may be interpreted to prevent a jurisdiction from purchasing an interest in property under the laws of eminent domain.

NEW SECTION. Sec. 11. Development regulations providing for a reasonable use exception under this act shall be adopted by the appropriate county or city no later than January 1, 1997.

NEW SECTION. Sec. 12. Section 1 of this act shall expire July 1, 1998.

NEW SECTION. Sec. 13. Section 2 of this act shall take effect July 1, 1998."

On page 1, line 2 of the title, after "exceptions;" strike the remainder of the title and insert "amending RCW 36.70B.080 and 36.70B.080; adding new sections to chapter 35.22 RCW; adding new sections to chapter 35.63 RCW; adding new sections to chapter 35A.63 RCW; adding new sections to chapter 36.70 RCW; creating a new section; providing an effective date; and providing an expiration date.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Sheldon moved that the Senate refuse to concur in the House amendments to Substitute Senate Bill No. 6597 and requests of the House a conference thereon.

MOTION

Senator West moved that the Senate do concur in the House amendments to Substitute Senate Bill No. 6597.

MOTION

On motion of Senator Spanel, further consideration of Substitute Senate Bill No. 6597 was deferred.

MESSAGE FROM THE HOUSE

March 1, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6680 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Public officials, public employees, legislators, and citizens recognize the need to review the value and relative priority of many programs throughout state government in the context of constantly changing conditions, limitations, and requirements for state government. They also share the objective of improving the performance of state agencies and programs, thereby increasing effectiveness and efficiency.

The legislature must become more effective in its role of directing public policy and ensuring the public accountability of state programs, managers, and employees. With the support of the legislature, the executive branch must implement practices and processes that will improve performance, accountability, and public confidence in state government. The governor and the legislature shall use results from the performance assessment processes established by this chapter in establishing state budget policy and priorities. The budget process must become an effective means of ensuring compliance with performance improvement requirements.

The purpose of this chapter is to ensure that all state agencies and programs have a valid and necessary mission and that the agencies have clearly defined performance objectives, quality objectives, and cost objectives that are appropriately balanced. Each agency and program should operate within a strategic plan that includes the mission of the agency or program, measurable goals, strategies, and performance measurement systems that are vital tools used for agency management, legislative budget and policy deliberations, and public accountability. State agencies should engage customers, taxpayers, employees, and the legislature in the development and redevelopment of these plans. The strategic plans should be the framework within which agencies continuously assess the value and relative priority of their various functions. In order to streamline state government and redirect resources more effectively, the legislature intends to begin a systematic, fundamental review of the functions of state programs.

In developing future legislation to create new programs and activities in state government, or redirect existing programs and activities, the legislature shall include in such legislation the specific purpose and measurable goals of the program or activity.

NEW SECTION. Sec. 2. The legislative committee on performance review is established.

(1) The thirteen-member committee consists of:

(a) The majority leader of the senate;

(b) The majority leader of the house of representatives;

(d) The minority leader of the house of representatives;

(e) The chair and ranking minority member of the senate ways and means committee;

(f) The chair and ranking minority member of the house of representatives appropriations committee;

(g) Four additional members, one each from the majority and minority caucuses of the senate and the house of representatives; and

(h) The lieutenant governor, who shall serve as a nonvoting member and chair of the committee.

(2) Members of the committee shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending meetings of the committee or any subcommittee or on other business authorized by the committee.

(3) An executive committee is established, consisting of the majority leader and minority leader of the senate and the majority leader and minority leader of the house of representatives. The function of the executive committee is to appoint the director of the legislative office of performance review. Approval by an affirmative vote of at least three members of the committee is required for decisions regarding employment of the director. Employment of the director terminates after each term of three years. At the end of the first year of each three-year term, the committee shall consider extension of the term by one year. However, at any time during the term of office, the employment of the director may be terminated by a unanimous vote of the executive committee. The executive committee shall set the salary of the director.

NEW SECTION. Sec. 3. (1) The director shall establish and manage a legislative office of performance review to carry out the functions described in this chapter.

(2) In consultation with the executive committee, the director may select and employ personnel necessary to carry out the purposes of this chapter. Salaries for employees of the legislative office of performance review, other than the director, shall be set with the approval of the executive committee, the secretary of the senate, and the chief clerk of the house of representatives.

(3) The director has primary responsibility for performance reviews of state agencies, programs, and activities. The director shall consult with the state auditor, the legislative auditor of the legislative budget committee, and the director of financial management in the conduct of performance reviews. The director shall also consult with the chairs and staff of the appropriate legislative standing committees.

NEW SECTION. Sec. 4. (1) Performance reviews under this chapter shall include a rethinking of the programs and functions of state agencies to assess whether or not they have a vital purpose or valid mission. The director shall work to involve frontline employees, agency and program managers, customers of the program or service, other taxpayers, legislators, legislative staff, office of financial management staff, and other external public and private sector experts as deemed appropriate in conducting performance reviews. The director shall, as necessary, contract with experts from either the private or public sector to assist in performance reviews.

(2) In preparation for a performance review, a state agency shall identify each of its discrete functions or activities, along with associated costs and full-time equivalent staff, as requested by the director. In reviewing the agency or program, the director shall identify those activities and programs that should be strengthened, those that should be abandoned, and those that need to be redirected or other alternatives explored. The review should consider: (a) Whether or not the purpose for which the agency or program was created is still valid based on the circumstances under which the program was created versus those that exist at the time of the review; (b) the relative priority of the program among the agency's functions; (c) costs or implications of not performing the function; (d) citizen's individual responsibilities and freedoms; (e) whether or not the mission of the agency or program is attainable considering the effect of factors and circumstances beyond the control of the agency; and (f) in the event of inadequate performance by the program, the potential for a workable, affordable plan to improve performance.

(3) Performance reviews must also determine the existence and utility of an agency or program strategic plan that includes a concise statement of the agency's or program's mission, a vision for future direction, measurable goals and objectives, and clear strategies and specific timelines to achieve them. The director shall determine the extent to which the plan: (a) Forms the basis of agency management practices and continuous process reevaluation and improvement; (b) can be used to clearly identify and prioritize agency functions; (c) provides a valuable basis for legislative policy and budget deliberations; (d) is used to ensure accountability of employees, particularly managers, for achieving program goals, and is a primary consideration in retention and promotion of staff; (e) is used to assess the quality and effectiveness of the agency's programs and activities; (f) appropriately balances cost objectives, quality objectives, and performance objectives; and (g) is useful in demonstrating public accountability. The agency strategic plan shall provide for periodic self-assessment by the agency to determine whether the agency is achieving the goals and objectives of its programs. Where self-assessments have been completed by an agency, the assessments must be incorporated into a performance review conducted under this chapter.

(4) If the state agency or program being reviewed has not identified acceptable organizations or programs in the public or private sector to be used as benchmarks against which to measure its performance, the director shall conduct a review sufficient to recommend such benchmarks to the agency, the governor, and the legislature.

(5) As a part of each performance review and in consultation with the director of the agency being reviewed and the director of financial management, the director of the legislative office of performance review shall develop recommendations regarding statutes that inhibit or do not contribute to the agency's ability to perform its functions effectively and efficiently.

(6) Based on the information and conclusions compiled from the work required in subsections (1) through (5) of this section, the director shall develop an advisory recommendation for the governor and the legislature regarding whether an agency, programs of an agency, or activities within an agency should be continued, abandoned, or restructured.

NEW SECTION. Sec. 5. Before the completion of each legislative session and in conjunction with development of the final omnibus appropriations act, the legislative committee on performance review shall approve a performance review plan for the next twelve to fifteen months. The performance review plan must include a schedule of agencies, programs, or activities for which performance reviews will be initiated during that period. The plan must also include anticipated performance review revolving fund charges to each individual agency scheduled for review. Appropriations for scheduled agencies shall be adjusted in the omnibus appropriations act to reflect the anticipated charges. For each performance review included, the plan must identify the role of the legislative office of performance review and the state auditor, as well as the need to contract for additional public or private sector expertise. In preparing a draft plan for consideration by the committee, the director shall consult with the state auditor, the chair and staff of the legislative budget committee, the director of financial management, and the chairs and staff of appropriate legislative standing committees. The committee shall meet quarterly to review progress on the plan and, if necessary, revise the plan.

NEW SECTION. Sec. 6. When the director has completed a performance review and before public release of the findings, the affected agency and the office of financial management may respond to the review. The director shall incorporate the agency's and the office of financial management's response into the final report. The legislative committee on performance review may also review and comment on the director's findings. The director shall include the comments of the committee in the final report as a separate addendum. Final reports of findings of the director from agency and program performance reviews must be transmitted to the agency, the director of financial management, and appropriate legislative committees and must be made available for public review.

NEW SECTION. Sec. 7. The performance review revolving fund is established in the state treasury. Expenditures from the fund may be spent only by appropriation. The fund is established to assist in recovering the costs of performance reviews from the audited agency or program. Subject to appropriation, the director shall assess agencies all or a portion of the cost of performance reviews.

The cost of performance reviews includes all direct and indirect costs and other expenses incurred by the director in fulfilling his or her statutory responsibilities.

Costs of the reviews may also be paid from other funds appropriated to the legislative office of performance review.

NEW SECTION. Sec. 8. To ensure the accuracy and timeliness of information used as the basis for performance reviews and other responsibilities of the legislature, the director shall be provided direct and unrestricted access to information held by any state agency. Agencies shall submit directly to the legislative office of performance review, on a confidential basis, all data and other information requested, including tax records and client data.

Sec. 9. RCW 43.88.030 and 1994 c 247 s 7 and 1994 c 219 s 2 are each reenacted and amended to read as follows:

(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.

Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.

The budget document or documents shall also contain:

(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;

(b) The undesignated fund balance or deficit, by fund;

(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;

(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;

(e) Tabulations showing expenditures classified by fund, function, activity and object;

(f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;

(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total; and

(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.

(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:

(a) Interest, amortization and redemption charges on the state debt;

(b) Payments of all reliefs, judgments and claims;

(d) Expenditures incident to the operation for each agency;

(e) Revenues derived from agency operations;

(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;

(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;

(h) Common school expenditures on a fiscal-year basis;

(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; ((and))

(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation; and

(k) For each agency, a description of the findings and recommendations of any applicable review by the legislative office of performance review conducted during the prior fiscal period. The budget document must describe the potential costs and savings associated with implementing the findings and recommendations, including any recommendations for program eliminations.

(3) A separate capital budget document or schedule shall be submitted that will contain the following:

(a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;

(b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;

(d) A statement of the reason or purpose for a project;

(e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;

(f) A statement about the proposed site, size, and estimated life of the project, if applicable;

(g) Estimated total project cost;

(h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;

(i) Estimated total project cost for each phase of the project as defined by the office of financial management;

(j) Estimated ensuing biennium costs;

(k) Estimated costs beyond the ensuing biennium;

(l) Estimated construction start and completion dates;

(m) Source and type of funds proposed;

(n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;

(o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;

(p) Such other information bearing upon capital projects as the governor deems to be useful;

(q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;

(r) Such other information as the legislature may direct by law or concurrent resolution.

For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.

(4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.

Sec. 10. RCW 43.88.090 and 1994 c 184 s 10 are each amended to read as follows:

(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.

The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110.

(2) Each state agency shall define its mission and establish measurable goals for achieving desirable results for those who receive its services and the taxpayers who pay for those services. Each agency shall also develop clear strategies and timelines to achieve its goals. This section does not require an agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. The mission and goals of each agency must conform to statutory direction and limitations.

(3) For the purpose of assessing program performance, each state agency shall establish program objectives for each major program in its budget. The objectives must be consistent with the missions and goals developed under this section. The objectives must be expressed to the extent practicable in outcome-based, objective, and measurable form unless an exception to adopt a different standard is granted by the office of financial management and approved by the legislative committee on performance review. The office of financial management shall provide necessary professional and technical assistance to assist state agencies in the development of strategic plans that include the mission of the agency and its programs, measurable goals, strategies, and performance measurement systems.

(4) Each state agency shall adopt procedures for continuous self-assessment of each program and activity, using the mission, goals, objectives, and measurements required under subsections (2) and (3) of this section.

(5) It is the policy of the legislature that each agency's budget proposals must be directly linked to the agency's stated mission and program goals and objectives. Consistent with this policy, agency budget proposals must include integration of performance measures that allow objective determination of a program's success in achieving its goals. The office of financial management shall develop a plan to merge the budget development process with agency performance assessment procedures. The plan must include a schedule to integrate agency strategic plans and performance measures into agency budget requests and the governor's budget proposal over three fiscal biennia. The plan must identify those agencies that will implement the revised budget process in the 1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium. In consultation with the legislative fiscal committees, the office of financial management shall recommend statutory and procedural modifications to the state's budget, accounting, and reporting systems to facilitate the performance assessment procedures and the merger of those procedures with the state budget process. The plan and recommended statutory and procedural modifications must be submitted to the legislative fiscal committees by September 30, 1996.

(6) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.

Sec. 11. RCW 43.88.160 and 1994 c 184 s 11 are each amended to read as follows:

This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.

(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.

(2) The director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.

(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.

(4) In addition, the director of financial management, as agent of the governor, shall:

(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.

Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;

(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;

(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;

(e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;

(f) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;

(g) ((Provide for transfers and repayments between the budget stabilization account and the general fund as directed by appropriation and RCW 43.88.525 through 43.88.540;

(h))) Adopt rules to effectuate provisions contained in (a) through (((g))) (f) of this subsection.

(5) The treasurer shall:

(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;

(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;

(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;

(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;

(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.

It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.

(6) The state auditor shall:

(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.

(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.

(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor ((is authorized to)) may perform or participate in performance verifications ((only as)) and performance reviews under chapter 44.--- RCW (sections 1 through 8 of this act) if expressly authorized by the performance review plan adopted by the legislative committee on performance review or if expressly authorized by the legislature in the omnibus biennial appropriations acts. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification or performance review, may report to the legislative budget committee, legislative committee on performance review, or other appropriate committees of the legislature, in a manner prescribed by the legislative budget committee or the director of the legislative office of performance review, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit ((or)), performance verification, or performance review. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or the performance review plan.

(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken promptly, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110.

(e) Promptly report any irregularities to the attorney general.

(f) Investigate improper governmental activity under chapter 42.40 RCW.

(7) The legislative budget committee may:

(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in RCW 44.28.085 as well as performance audits and program evaluations. To this end the committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.

(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.

(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and

(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs and generally for an improved level of fiscal management.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) RCW 43.88B.005 and 1994 c 184 s 1;

(2) RCW 43.88B.007 and 1994 c 184 s 2;

(3) RCW 43.88B.010 and 1994 c 184 s 3;

(4) RCW 43.88B.020 and 1994 c 184 s 4;

(5) RCW 43.88B.030 and 1994 c 184 s 5;

(6) RCW 43.88B.031 and 1994 c 184 s 6;

(7) RCW 43.88B.040 and 1994 c 184 s 7;

(8) RCW 43.88B.050 and 1994 c 184 s 8;

(9) RCW 43.88B.900 and 1994 c 184 s 13; and

(10) RCW 43.88B.901 and 1994 c 184 s 15.

NEW SECTION. Sec. 13. Sections 1 through 8 of this act constitute a new chapter in Title 44 RCW.

NEW SECTION. Sec. 14. If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."

On line 1 of the title, after "government;" strike the remainder of the title and insert "amending RCW 43.88.090 and 43.88.160; reenacting and amending RCW 43.88.030; adding a new chapter to Title 44 RCW; creating a new section; and repealing RCW 43.88B.005, 43.88B.007, 43.88B.010, 43.88B.020, 43.88B.030, 43.88B.031, 43.88B.040, 43.88B.050, 43.88B.900, and 43.88B.901.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Drew moved that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 6680.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Drew that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 6680.

The motion by Senator Drew carried and the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 6680.

MOTION

On motion of Senator Thibaudeau, Senator Hargrove was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6680, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6680, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

Excused: Senators Hargrove, Haugen, Loveland and Rinehart - 4.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6680, as amended by the House, 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.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The Speaker ruled the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1556 beyond the scope and object of the bill. The House refuses to concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Smith, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 1556.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1556, without the Senate amendment(s).

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1556, without the Senate amendment(s) and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 3; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 41.

Voting nay: Senator McDonald - 1.

Absent: Senators Pelz, Quigley and Snyder - 3.

Excused: Senators Hargrove, Haugen, Loveland and Rinehart - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1556, without the Senate amendment(s), 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.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2199 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Fraser, the Senate refuses to recede from its amendment(s) to Substitute House Bill No. 2199, insists on its position and asks the House to concur therein.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2219 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Smith, the Senate refuses to recede from its amendment(s) to Engrossed Second Substitute House Bill No. 2219 and requests of the House a conference thereon.

APPOINTMENT OF CONFERENCE COMMITTEE

The President appointed as members of the Conference Committee on Engrossed Second Substitute House Bill No. 2219 and the Senate amendment(s) thereon: Senators Smith, Roach and Fairley.

MOTION

On motion of Senator Heavey, the Conference Committee appointments were confirmed.

MOTION

On motion of Senator Haugen, the following resolution was adopted:

SENATE RESOLUTION 1996-8705

By Senators Haugen and Spanel

WHEREAS, The state of Washington values the beauty and preservation of Puget Sound and applauds the efforts and enthusiasm of those groups who volunteer to protect this jewel of our state; and

WHEREAS, Members of the Island County Beach Watchers recently received recognition from the Washington State University Beach Watchers program for their efforts to protect and preserve the fragile environment of Island County and Puget Sound waters through education and public awareness; and

WHEREAS, Susan King of Greenbank received the "Top Gunnel" Beach Watcher of the Year Award for volunteering 680 hours during 1995; and

WHEREAS, Seventy-two Island County WSU Beach Watchers have contributed more than eight thousand volunteer hours in 1995, which is equivalent to four full-time employees; and

WHEREAS, Projects within Island County have included beach monitoring and clean-ups, spartina and shellfish surveys, naturalist talks in state parks and on Washington State ferries, field trips with schools, Admiralty Head Lighthouse Interpretive Center Operations, Cama Beach and state park projects, Penn Cover Water Festival; and

WHEREAS, The Island County WSU Beach Watchers program was originally established with a grant from the Centennial Clean Water Fund, but now operates on funding from hotel/motel tax receipts, a stormwater education contract with the town of Coupeville and a grant from the State Department of Ecology Shorelands Program, corporate support from Texaco Foundations, Nalleys Fine Foods Corporation and many other private donors; and

WHEREAS, The members of Island County WSU Beach Watchers promote a stewardship ethic among the people of Island County and the Northern Puget Sound region through education; and

WHEREAS, The Island County WSU Beach Watchers success story has depended heavily on the dedicated leadership and continued guidance of WSU cooperative extension agent Don Meehan;

NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize the diligent efforts of the Island County WSU Beach Watchers for their continued efforts, which have greatly enhanced the quality of our beaches and the understanding of the public in their community; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Island County WSU Beach Watchers.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced members of the Island County Beach Watchers, who were seated in the gallery.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2222 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Reams, Backlund and H. Sommers.

TIMOTHY A. MARTIN

MOTION

On motion of Senator Bauer, the Senate grants the request of the House for a conference on Engrossed Second Substitute House Bill No. 2222 and the Senate amendment(s) thereto.

APPOINTMENT OF CONFERENCE COMMITTEE

The President appointed as members of the Conference Committee on Engrossed Second Substitute House Bill No. 2222 and the Senate amendment(s) thereon: Senators Bauer, Strannigan and Wojahn.

MOTION

On motion of Senator Heavey, the Conference Committee appointments were confirmed.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2860 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Haugen, the Senate refuses to recede from its amendment(s) to Substitute House Bill No. 2860, insists on its position and asks the House to concur therein.

At 2:25 p.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 2:37 p.m. by President Pritchard.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Fraser, the Senate refuses to recede from its amendment(s) to Engrossed Substitute House Bill No. 2875, insists on its position and asks the House to concur therein.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6543 and the pending House striking amendments, deferred March 4, 1996.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Fraser to the scope and object of the amendments by the House of Representatives, the President finds that Substitute Senate Bill No. 6543 is a measure which makes various technical changes to the planning and land use statues to implement the Legislature's 1995 statute providing for a combines environmental review and project permit process; and further makes changes to the timing, subject and process for certain permits and appeals.

"The amendments by the House of Representatives would also make various technical changes in the same areas; and further in Section 21 changes the State Environmental Policy Act Categorical Exemptions; in Section 22 changes the threshold definition for 'short subdivisions;' and in Section 31 requires state agencies to issue permits within specific timelines.

"Although titled as a technical bill, the President finds that the Senate Bill does contain provisions which appear to be of a non-technical nature. However, these provisions are limited to the permit and appeal timing and processing. Section 31 of the amendment, while substantive, is within the scope and object of these changes. Sections 21 and 22, however, go well beyond the scope and object of the bill.

"The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken. The President further notes that the title of the bill does not properly express its scope, as required by Senate Rule 25. In determining the scope and object of a bill, the President looks to the bill text, not the title. Nevertheless, if the title is to be corrected, it must be accomplished by the House of Representatives."

The House striking amendments to Substitute Senate Bill No. 6543 were ruled out of order.

MOTION

On motion of Senator Fraser, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 6543 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

March 1, 1996

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6274 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important information to decision makers.

Sec. 2. RCW 9.94A.120 and 1995 c 108 s 3 are each amended to read as follows:

When a person is convicted of a felony, the court shall impose punishment as provided in this section.

(1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

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

(4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

(5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

(a) Devote time to a specific employment or occupation;

(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(e) Report as directed to the court and a community corrections officer; or

(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

(6)(a) An offender is eligible for the special drug offender sentencing alternative if:

(i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310(3) or (4);

(ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

(iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

(b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment ((alternative[s])) alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

(i) Devote time to a specific employment or training;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

(iii) Report as directed to a community corrections officer;

(iv) Pay all court-ordered legal financial obligations;

(v) Perform community service work;

(vi) Stay out of areas designated by the sentencing judge.

(c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

(d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

(7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

(A) Frequency and type of contact between offender and therapist;

(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

(D) Anticipated length of treatment; and

(E) Recommended crime-related prohibitions.

The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

(A) The court shall place the defendant on community ((supervision)) custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section; and

(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

(I) Devote time to a specific employment or occupation;

(II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(III) Report as directed to the court and a community corrections officer;

(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community ((supervision)) custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community ((supervision)) custody.

(v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

(vi) The court may revoke the suspended sentence at any time during the period of community ((supervision)) custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community ((supervision)) custody shall be credited to the offender if the suspended sentence is revoked.

(((vi))) (vii) Except as provided in (a)(((vii)))(viii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

(((vii))) (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (8) and the rules adopted by the department of health.

For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

(b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

(c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

(9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before the effective date of this act, or a serious violent offense committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

(iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;

(iv) An offender in community custody shall not unlawfully possess controlled substances;

(v) The offender shall pay supervision fees as determined by the department of corrections; and

(vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.

(c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

(i) The offender shall remain within, or outside of, a specified geographical boundary;

(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

(iii) The offender shall participate in crime-related treatment or counseling services;

(iv) The offender shall not consume alcohol; or

(v) The offender shall comply with any crime-related prohibitions.

(d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

(10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after the effective date of this act, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).

(b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.

(c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

(11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

(((11))) (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

(((12))) (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(((13))) (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the ((secretary of the)) department of corrections ((or such person as the secretary may designate)) and shall follow explicitly the instructions and conditions of the ((secretary including)) department of corrections.

(a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

(b) For sex offenders sentenced to terms involving community custody for crimes committed on or after the effective date of this act, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during a sex offenders' community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

(((14))) (15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

(((15))) (16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

(((16))) (17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

(((17))) (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

(((18))) (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

(((19))) (20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

(((20))) (21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.

Sec. 3. RCW 9.94A.205 and 1988 c 153 s 4 are each amended to read as follows:

(1) If an inmate violates any condition or requirement of community custody, the department may transfer the inmate to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section.

(2)(a) For a sex offender sentenced to a term of community custody under RCW 9.94A.120(8) who violates any condition of community custody, the department may impose a sanction of up to sixty days confinement in a local correctional facility for each violation. If the department imposes a sanction, the department shall submit within seventy-two hours a report to the court and the prosecuting attorney outlining the violation or violations and the sanctions imposed.

(b) For a sex offender sentenced to a term of community custody under RCW 9.94A.120(10) who violates any condition of community custody after having completed his or her maximum term of total confinement, including time served on community custody in lieu of earned early release, the department may impose a sanction of up to sixty days in a local correctional facility for each violation.

(3) If an inmate is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the department prior to the imposition of sanctions. The hearing shall be considered as inmate disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The department shall develop hearing procedures and sanctions.

Sec. 4. RCW 9.94A.207 and 1988 c 153 s 5 are each amended to read as follows:

(1) The secretary may issue warrants for the arrest of any offender who violates a condition of community placement. The arrest warrants shall authorize any law enforcement or peace officer or community corrections officer of this state or any other state where such offender may be located, to arrest the offender and place him or her in total confinement pending disposition of the alleged violation. The department shall compensate the local jurisdiction at the office of financial management's adjudicated rate, in accordance with RCW 70.48.440. A community corrections officer, if he or she has reasonable cause to believe an offender in community placement has violated a condition of community placement, may suspend the person's community placement status and arrest or cause the arrest and detention in total confinement of the offender, pending the determination of the secretary as to whether the violation has occurred. The community corrections officer shall report to the secretary all facts and circumstances and the reasons for the action of suspending community placement status. A violation of a condition of community placement shall be deemed a violation of the sentence for purposes of RCW 9.94A.195. The authority granted to community corrections officers under this section shall be in addition to that set forth in RCW 9.94A.195.

(2) Inmates, as defined in RCW ((72.09.020)) 72.09.015, who have been transferred to community custody and who are detained in a local correctional facility are the financial responsibility of the department of corrections, except as provided in subsection (3) of this section. The community custody inmate shall be removed from the local correctional facility, except as provided in subsection (3) of this section, not later than eight days, excluding weekends and holidays, following admittance to the local correctional facility and notification that the inmate is available for movement to a state correctional institution. ((However, if good cause is shown,))

(3) The department may negotiate with local correctional authorities for an additional period of detention; however, sex offenders sanctioned for community custody violations under RCW 9.94A.205(2) to a term of confinement shall remain in the local correctional facility for the complete term of the sanction. For confinement sanctions imposed under RCW 9.94A.205(2)(a), the local correctional facility shall be financially responsible. For confinement sanctions imposed under RCW 9.94A.205(2)(b), the department of corrections shall be financially responsible for that portion of the sanction served during the time in which the sex offender is on community custody in lieu of earned early release, and the local correctional facility shall be financially responsible for that portion of the sanction served by the sex offender after the time in which the sex offender is on community custody in lieu of earned early release.

Sec. 5. RCW 9.94A.030 and 1995 c 268 s 2, 1995 c 108 s 1, and 1995 c 101 s 2 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

(2) "Commission" means the sentencing guidelines commission.

(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

(4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

(5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

(6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

(7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

(8) "Confinement" means total or partial confinement as defined in this section.

(9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

(10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

(12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

(b) "Criminal history" shall always include juvenile convictions for sex offenses and serious violent offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(9); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

(13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

(14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

(15) "Department" means the department of corrections.

(16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

(17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

(18) "Drug offense" means:

(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

(19) "Escape" means:

(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

(20) "Felony traffic offense" means:

(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

(21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

(22)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

(b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses and serious violent offenses.

(23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

(b) Assault in the second degree;

(d) Child molestation in the second degree;

(e) Controlled substance homicide;

(f) Extortion in the first degree;

(g) Incest when committed against a child under age fourteen;

(h) Indecent liberties;

(i) Kidnapping in the second degree;

(j) Leading organized crime;

(k) Manslaughter in the first degree;

(l) Manslaughter in the second degree;

(m) Promoting prostitution in the first degree;

(n) Rape in the third degree;

(o) Robbery in the second degree;

(p) Sexual exploitation;

(q) Vehicular assault;

(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

(t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.

(24) "Nonviolent offense" means an offense which is not a violent offense.

(25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

(26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

(27) "Persistent offender" is an offender who:

(a) Has been convicted in this state of any felony considered a most serious offense; and

(b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.

(28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

(29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

(30) "Serious traffic offense" means:

(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

(31) "Serious violent offense" is a subcategory of violent offense and means:

(a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

(32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

(33) "Sex offense" means:

(a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

(b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

(34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

(35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

(36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

(37) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

(38) "Violent offense" means:

(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

(39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

(40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

(41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

(42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

Sec. 6. RCW 4.24.550 and 1994 c 129 s 2 are each amended to read as follows:

(1) Public agencies are authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection. This authority exists whether or not the public agency received notification about the sex offender from the department of corrections or the department of social and health services or any other public agency.

(2) Local law enforcement agencies and officials who decide to release information pursuant to this section shall make a good faith effort to notify the public and residents at least fourteen days before the sex offender is released or if the offender receives a special sex offender disposition alternative under RCW 13.40.160 or special sex offender sentencing alternative under RCW 9.94A.120 at least thirty days after the sex offender is sentenced. If a change occurs in the release plan, this notification provision will not require an extension of the release date. The department of corrections and the department of social and health services shall provide local law enforcement officials with all relevant information on sex offenders about to be released or placed into the community in a timely manner. The juvenile court shall provide local law enforcement officials with all relevant information on sex offenders allowed to remain in the community in a timely manner.

(3) An elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The authorization and immunity in this section applies to information regarding: (a) A person convicted of, or juvenile found to have committed, a sex offense as defined by RCW 9.94A.030; (b) a person found not guilty of a sex offense by reason of insanity under chapter 10.77 RCW; (c) a person found incompetent to stand trial for a sex offense and subsequently committed under chapter 71.05 or 71.34 RCW; (d) a person committed as a sexual psychopath under chapter 71.06 RCW; or (e) a person committed as a sexually violent predator under chapter 71.09 RCW. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(4) Except as otherwise provided by statute, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information as provided in subsections (2) and (3) of this section.

(5) Nothing in this section implies that information regarding persons designated in subsections (2) and (3) of this section is confidential except as otherwise provided by statute.

Sec. 7. RCW 13.40.215 and 1995 c 324 s 1 are each amended to read as follows:

(1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense, a sex offense, or stalking, to the following:

(i) The chief of police of the city, if any, in which the juvenile will reside;

(ii) The sheriff of the county in which the juvenile will reside; and

(iii) The approved private schools and the common school district board of directors of the district in which the juvenile intends to reside or the approved private school or public school district in which the juvenile last attended school, whichever is appropriate, except when it has been determined by the department that the juvenile is twenty-one years old; is not required to return to school under chapter 28A.225 RCW; or will be in the community for less than seven consecutive days on approved leave and will not be attending school during that time.

(b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

(i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;

(ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and

(iii) Any person specified in writing by the prosecuting attorney.

Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.

(d) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.

(2)(a) If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest. If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide. If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

(b) The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.

In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).

(3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

(4) The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.

(5) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than five days after sentencing a sex offender to a special sex offender disposition alternative under RCW 13.40.160(5), the juvenile court shall send written notice of the disposition to the following:

(a) The chief of police of the city, if any, in which the juvenile will reside; and

(b) The sheriff of the county in which the juvenile will reside.

(6) Upon discharge, parole, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public elementary, middle, or high school that is attended by a victim of the sex offender. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district. Upon discharge, parole, or other authorized leave or release of a convicted juvenile sex offender, the secretary shall send written notice of the discharge, parole, or other authorized leave or release and the requirements of this subsection to the common school district board of directors of the district in which the sex offender intends to reside or the district in which the sex offender last attended school, whichever is appropriate.

(((6))) (7) For purposes of this section the following terms have the following meanings:

(a) "Violent offense" means a violent offense under RCW 9.94A.030;

(b) "Sex offense" means a sex offense under RCW 9.94A.030;

(d) "Next of kin" means a person's spouse, parents, siblings, and children.

Sec. 8. RCW 13.40.217 and 1990 c 3 s 102 are each amended to read as follows:

In addition to any other information required to be released under this chapter, the department ((is)) and juvenile courts are authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning juveniles adjudicated of sex offenses.

Sec. 9. RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:

(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:

(a) The defendant is likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or

(b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or

(d) The defendant has not undertaken to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.

(2) An appeal by a defendant convicted of one of the following offenses shall not stay execution of the judgment of conviction: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.

(3) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.

Sec. 10. RCW 10.64.025 and 1989 c 276 s 2 are each amended to read as follows:

(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.

(2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.

Sec. 11. RCW 9A.44.130 and 1995 c 268 s 3, 1995 c 248 s 1, and 1995 c 195 s 1 are each reenacted and amended to read as follows:

(1) Any adult or juvenile residing in this state who has been found to have committed or has been convicted of any sex offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense, shall register with the county sheriff for the county of the person's residence.

(2) The person shall provide the county sheriff with the following information when registering: (a) Name; (b) address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) aliases used; and (h) social security number.

(3)(a) Sex offenders shall register within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses:

(i) SEX OFFENDERS IN CUSTODY. Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The agency that has jurisdiction over the offender shall provide notice to the sex offender of the duty to register. Failure to register within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

(ii) SEX OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders, who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(ii) as of July 28, 1991, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

(iii) SEX OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. A change in supervision status of a sex offender who was required to register under this subsection (3)(a)(iii) as of July 23, 1995, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

(iv) SEX OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.

(v) SEX OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990. Sex offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

(vi) SEX OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released prior to July 23, 1995, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify offenders who were released prior to July 23, 1995. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (7) of this section.

(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (7) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or

arraignment. Failure to register as required under this subsection (c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

(4)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff ((within ten)) at least fourteen days ((of)) before moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with ((the)) that county sheriff ((in the new county)) within ((ten days)) twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. If any person required to register pursuant to this section moves out of Washington state, the person must also send written notice within ten days of moving to the new state or a foreign country to the county sheriff with whom the person last registered in Washington state.

(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.

(5) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.

(6) "Sex offense" for the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330 means any offense defined as a sex offense by RCW 9.94A.030 and any violation of RCW 9.68A.090 or 9A.44.096 as well as any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030.

(7) A person who knowingly fails to register or who moves without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a class A felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a class A felony. If the crime was other than a class A felony or a federal or out-of-state conviction for an offense that under the laws of this state would be a class A felony, violation of this section is a gross misdemeanor.

Sec. 12. RCW 9A.44.140 and 1995 c 268 s 4 are each amended to read as follows:

(1) The duty to register under RCW 9A.44.130 shall end:

(a) For a person convicted of a class A felony: Such person may only be relieved of the duty to register under subsection (3) or (4) of this section.

(b) For a person convicted of a class B felony: Fifteen years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent fifteen consecutive years in the community without being convicted of any new offenses.

(c) For a person convicted of a class C felony ((or any)), a violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony: Ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive years in the community without being convicted of any new offenses.

(2) The provisions of subsection (1) of this section shall apply equally to a person who has been found not guilty by reason of insanity under chapter 10.77 RCW of a sex offense.

(3) Any person having a duty to register under RCW 9A.44.130 may petition the superior court to be relieved of that duty. The petition shall be made to the court in which the petitioner was convicted of the offense that subjects him or her to the duty to register, or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting attorney of the county shall be named and served as the respondent in any such petition. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction, and may consider other factors. Except as provided in subsection (4) of this section, the court may relieve the petitioner of the duty to register only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

(4) An offender having a duty to register under RCW 9A.44.130 for a sex offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty. The court shall consider the nature of the registrable offense committed, and the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider other factors. The court may relieve the petitioner of the duty to register for a sex offense that was committed while the petitioner was fifteen years of age or older only if the petitioner shows, with clear and convincing evidence, that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330. The court may relieve the petitioner of the duty to register for a sex offense that was committed while the petitioner was under the age of fifteen if the petitioner (a) has not been adjudicated of any additional sex offenses during the twenty-four months following the adjudication for the sex offense giving rise to the duty to register, and (b) the petitioner proves by a preponderance of the evidence that future registration of the petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and 72.09.330.

(5) Unless relieved of the duty to register pursuant to this section, a violation of RCW 9A.44.130 is an ongoing offense for purposes of the statute of limitations under RCW 9A.04.080.

(6) Nothing in RCW 9.94A.220 relating to discharge of an offender shall be construed as operating to relieve the offender of his or her duty to register pursuant to RCW 9A.44.130.

NEW SECTION. Sec. 13. Sections 6 through 8 of this act are 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.

NEW SECTION. Sec. 14. Sections 1 through 5 of this act apply to crimes committed on or after the effective date of this act.

NEW SECTION. Sec. 15. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void."

On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9.94A.120, 9.94A.205, 9.94A.207, 4.24.550, 13.40.215, 13.40.217, 9.95.062, and 10.64.025; reenacting and amending RCW 9.94A.030, 9A.44.130, and 9A.44.140; creating new sections; prescribing penalties; and declaring an emergency.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Hargrove, the Senate concurred in the House amendments to Substitute Senate Bill No. 6274.

The President declared the question before the Senate to be the roll call on the final passage of Substiute Senate Bill No. 6274, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Substiute Senate Bill No. 6274, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; 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, 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.

Absent: Senators Cantu and Moyer - 2.

SUBSTITUTE SENATE BILL NO. 6274, as amended by the House, 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.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1339 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Ballasiotes, Schoesler and Quall.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Hargrove, the Senate refuses to grant the request of the House for a conference on House Bill No. 1339, insists on its position regarding the Senate amendment(s) and asks the House to concur therein.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2533 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Heavey, the rules were suspended and Substitute House Bill No. 2533 was returned to second reading and read the second time.

MOTIONS

On motion of Senator Hargrove, the following amendment by Senators Hargrove and Long was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 9.95 RCW to read as follows:

(1) When a superior court places a defendant convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or 9.95.210, the department of corrections has initial responsibility for supervision of that defendant.

(2) A county legislative authority may assume responsibility for the supervision of all defendants within its jurisdiction who have been convicted of a misdemeanor or gross misdemeanor and sentenced to probation by a superior court. The assumption of responsibility shall be made by contract with the department of corrections on a biennial basis.

(3) If a county assumes supervision responsibility, the county shall supervise all superior court misdemeanant probationers within that county for the duration of the biennium, as set forth in the contract with the department of corrections.

(4) A contract between a county legislative authority and the department of corrections for the transfer of supervision responsibility must include, at a minimum, the following provisions:

(a) The county's agreement to supervise all misdemeanant probationers who are sentenced by a superior court within that county and who reside within that county;

(b) A reciprocal agreement regarding the supervision of superior court misdemeanant probationers sentenced in one county but who reside in another county;

(c) The county's agreement to comply with the minimum standards for classification and supervision of offenders as required under section 2 of this act;

(d) The amount of funds available from the department of corrections to the county for supervision of superior court misdemeanant probationers, calculated according to a formula established by the department of corrections;

(e) A method for the payment of funds by the department of corrections to the county;

(f) The county's agreement that any funds received by the county under the contract will be expended only to cover costs of supervision of superior court misdemeanant probationers;

(g) The county's agreement to account to the department of corrections for the expenditure of all funds received under the contract and to submit to audits for compliance with the supervision standards and financial requirements of this section;

(h) Provisions regarding rights and remedies in the event of a possible breach of contract or default by either party; and

(i) Provisions allowing for voluntary termination of the contract by either party, with good cause, after sixty days' written notice.

(5) If the contract between the county and the department of corrections is terminated for any reason, the department of corrections shall reassume responsibility for supervision of superior court misdemeanant probationers within that county. In such an event, the department of corrections retains any and all rights and remedies available by law and under the contract.

(6) The state of Washington and the department of corrections are immune from civil liability for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of a county. A county is immune from civil liability for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of the department of corrections. The immunity granted under this subsection applies regardless of whether the supervising agency is in compliance with the standards of supervision at the time of the misdemeanant probationer's actions.

(7) The state of Washington, the department of corrections and its employees, community corrections officers, any county under contract with the department of corrections pursuant to this section and its employees, probation officers, and volunteers who assist community corrections officers and probation officers in the superior court misdemeanant probation program are not liable for civil damages resulting from any act or omission in the rendering of superior court misdemeanant probation activities unless the act or omission constitutes gross negligence. For purposes of this section, "volunteers" is defined according to RCW 51.12.035.

(8) If sufficient resources are not available for the department of corrections, or the county assuming supervision responsibility, to comply with the minimum standards of supervision required by section 2 of this act, the state of Washington and the department of corrections, or the county, is immune from civil liability for any harm caused by an inability to comply with the standards of supervision.

NEW SECTION. Sec. 2. A new section is added to chapter 9.95 RCW to read as follows:

(1) Probation supervision of misdemeanant offenders sentenced in a superior court must be based upon an offender classification system and supervision standards.

(2) Any entity under contract with the department of corrections pursuant to section 1 of this act shall establish and maintain a classification system that:

(a) Provides for a standardized assessment of offender risk;

(b) Differentiates between higher and lower risk offenders based on criminal history and current offense;

(d) Provides, at a minimum, three levels of supervision;

(e) Provides for periodic review of an offender's classification level during the term of supervision; and

(f) Structures the discretion and decision making of supervising officers.

(3) Any entity under contract with the department of corrections pursuant to section 1 of this act may establish and maintain supervision standards that:

(a) Identify the frequency and nature of offender contact within each of at least three classification levels;

(b) Provide for a minimum of one face-to-face contact each month with offenders classified at the highest level of risk;

(d) Provide for specific reporting requirements for offenders within each level of the classification system;

(e) Assign higher-risk offenders to staff trained to deal with higher-risk offenders;

(f) Verify compliance with sentence conditions imposed by the court; and

(g) Report to the court violations of sentence conditions as appropriate.

(4) Under no circumstances may an entity under contract with the department of corrections pursuant to section 1 of this act establish or maintain supervision that is less stringent than that offered by the department.

(5) The minimum supervision standards established and maintained by the department of corrections shall provide for no less than one contact per quarter for misdemeanant probationers under its jurisdiction. The contact shall be a personal interaction accomplished either face-to-face or by telephone, unless the department finds that the individual circumstances of the offender do not require personal interaction to meet the objectives of the supervision. The circumstances under which the department may find that an offender does not require personal interaction are limited to the following: (a) The offender has no special conditions or crime-related prohibitions imposed by the court other than legal financial obligations; and (b) the offender poses minimal risk to public safety.

(6) The classification system and supervision standards must be established and met within the resources available as provided for by the legislature and the cost of supervision assessments collected, and may be enhanced by funds otherwise generated by the supervising entity.

Sec. 3. RCW 9.95.210 and 1995 1st sp.s. c 19 s 29 are each amended to read as follows:

(1) In granting probation, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.

(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

(3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order.

(4) In granting probation, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.

(5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.

Sec. 4. RCW 9.95.214 and 1995 1st sp.s. c 19 s 32 are each amended to read as follows:

Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections or a county probation department, the department or county probation department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. This assessment shall be paid to the ((department)) agency supervising the defendant and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant.

Sec. 5. RCW 9.92.060 and 1995 1st sp.s. c 19 s 30 are each amended to read as follows:

(1) Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by ((such)) the superior court, and that the sentenced person be placed under the charge of a community corrections officer employed by the department of corrections, or if the county elects to assume responsibility for the supervision of all superior court misdemeanant probationers a probation officer employed or contracted for by the county, upon such terms as the superior court may determine.

(2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. In addition, the superior court may require the convicted person to make such monetary payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required; and (d) to contribute to a county or interlocal drug fund.

(3) As a condition of the suspended sentence, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.

(4) If restitution to the victim has been ordered under subsection (2)(b) of this section and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the superior court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.

Sec. 6. RCW 10.64.120 and 1991 c 247 s 3 are each amended to read as follows:

(1) Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed ((fifty)) one hundred dollars for services provided whenever ((a)) the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be made by a ((sentencing)) judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court.

(2) For the purposes of this section the office of the administrator for the courts shall define a probation department and adopt rules for the qualifications of probation officers based on occupational and educational requirements developed by an oversight committee. This oversight committee shall include a representative from the district and municipal court judges association, the misdemeanant corrections association, the office of the administrator for the courts, and associations of cities and counties. The oversight committee shall consider qualifications that provide the training and education necessary to (a) conduct presentencing and postsentencing background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing supervision and assessment of offenders' needs and the risk they pose to the community.

(3) It shall be the responsibility of the probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury.

(((3))) (4) Revenues raised under this section shall be used to fund programs for probation services and shall be in addition to those funds provided in RCW 3.62.050.

Sec. 7. RCW 36.01.070 and 1967 c 200 s 9 are each amended to read as follows:

Notwithstanding the provisions of chapter 72.01 RCW or any other provision of law, counties may engage in probation and parole services and employ personnel therefor under such terms and conditions as any such county shall so determine. If a county elects to assume responsibility for the supervision of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation services. A county may also enter into partnership agreements with the department of corrections under RCW 72.09.300."

On motion of Senator Hargrove, the following title amendment was adopted:

On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 9.95.210, 9.95.214, 9.92.060, 10.64.120, and 36.01.070; and adding new sections to chapter 9.95 RCW."

MOTION

On motion of Senator Hargrove, Substitute House Bill No. 2533, as amended by the Senate under suspension of the rules, 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. 2533, as amended by the Senate under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2533, as amended by the Senate under suspension of the rules, 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. 2533, as amended by the Senate under suspension of the rules, 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.

MESSAGE FROM THE HOUSE

February 28, 1996

MR. PRESIDENT:

The House has passed SENATE BILL NO. 6174 with the following amendment(s)

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.80.330 and 1993 c 363 s 6 are each amended to read as follows:

The board shall perform the following planning duties in consultation with the four-year institutions, the community and technical college system, and when appropriate the work force training and education coordinating board, the superintendent of public instruction, and the independent higher educational institutions:

(1) Develop and establish role and mission statements for each of the four-year institutions and for the community and technical college system;

(2) Identify the state's higher education goals, objectives, and priorities;

(3) Prepare a comprehensive master plan which includes but is not limited to:

(a) Assessments of the state's higher education needs. These assessments may include, but are not limited to: The basic and continuing needs of various age groups; business and industrial needs for a skilled work force; analyses of demographic, social, and economic trends; consideration of the changing ethnic composition of the population and the special needs arising from such trends; college attendance, retention, and dropout rates, and the needs of recent high school graduates and placebound adults. The board should consider the needs of residents of all geographic regions, but its initial priorities should be applied to heavily populated areas underserved by public institutions;

(b) Recommendations on enrollment and other policies and actions to meet those needs;

The initial plan shall be submitted to the governor and the legislature by December 1, 1987. Comments on the plan from the board's advisory committees and the institutions shall be submitted with the plan.

The plan shall be updated every four years, and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature shall, by concurrent resolution, approve or recommend changes to the initial plan, and the updates. The plan shall then become state higher education policy unless legislation is enacted to alter the policies set forth in the plan;

(4) Review, evaluate, and make recommendations on operating and capital budget requests from four-year institutions and the community and technical college system, based on the elements outlined in subsections (1), (2), and (3) of this section, and on guidelines which outline the board's fiscal priorities. These guidelines shall be distributed to the institutions and the community college board by December of each odd-numbered year. The institutions and the community college board shall submit an outline of their proposed budgets, identifying major components, to the board no later than August 1 of each even-numbered year. The board shall submit recommendations on the proposed budgets and on the board's budget priorities to the office of financial management before ((October 15)) November 1st of each even-numbered year, and to the legislature by January 1 of each odd-numbered year;

(5) Design and implement a pilot project that permits some needy resident students to use their state need grant awards to study in other states. The design of the pilot project shall include, but need not be limited to, needy students from Clark county who wish to attend an eligible institution of higher education located in the Portland area. The board may adopt rules to establish eligibility criteria for student and institutional participation in the pilot project. By December 15, 2002, the board shall provide to the governor and appropriate committees of the legislature a report on the results of the pilot project. The report shall include a recommendation on the extent to which financial aid portability should be permitted for Washington's students;

(6) Recommend legislation affecting higher education;

(((6))) (7) Recommend tuition and fees policies and levels based on comparisons with peer institutions;

(((7))) (8) Establish priorities and develop recommendations on financial aid based on comparisons with peer institutions;

(((8))) (9) Prepare recommendations on merging or closing institutions; ((and

(9))) (10) Develop criteria for identifying the need for new baccalaureate institutions;

(11) Identify instructional program areas and localities in the state where contracting for services with institutions of higher education, as defined in RCW 28B.07.020(4), would be a cost-effective way of meeting identified needs; and

(12) Contract with institutions of higher education, as defined in RCW 28B.07.020(4), for instructional program services that lead to certification, licensure, or a degree at the baccalaureate, master's, or doctoral levels, in a field of study other than theology. Any contract under this subsection shall meet conditions that include, but need not be limited to the following:

(a) The board has found a need for the services and has found that the proposed contract represents a cost-effective way of providing the services;

(b) Only students who would meet the residency requirements described in RCW 28B.15.012 and 28B.15.013 if they were enrolled in a state supported institution of higher education may be included within the financial terms of the contract; and

(c) The contract includes provisions that ensure accountability in the expenditure of any public funds and provide periodic evaluations of the effectiveness of the contract.

Sec. 2. RCW 28B.10.790 and 1985 c 370 s 54 are each amended to read as follows:

(1) Washington residents attending any nonprofit college or university in another state ((which)) that has a reciprocity agreement with the state of Washington shall be eligible for the student financial aid program outlined in RCW 28B.10.800 through 28B.10.824 if (((1))) (a) they qualify as a "needy student" under RCW 28B.10.802(3), and (((2))) (b) the institution attended is a member institution of an accrediting association recognized by rule of the higher education coordinating board for the purposes of this section and is specifically encompassed within or directly affected by ((such)) the reciprocity agreement and agrees to and complies with program rules and regulations pertaining to ((such)) the students and institutions adopted ((pursuant to)) under RCW 28B.10.822.

(2) Washington residents participating in the pilot project under RCW 28B.80.330(5) shall be eligible for the student financial aid program outlined in RCW 28B.10.800 through 28B.10.824 if the residents (a) qualify as needy students under RCW 28B.10.802(3), (b) are enrolled at an eligible institution as defined by the board under RCW 28B.80.330(5), and (c) meet any additional criteria established by the board for participation in the pilot project."

On page 1, line 2 of the title, after "board;" strike the remainder of the title and insert "and amending RCW 28B.80.330 and 28B.10.790.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Bauer, the Senate refuses to concur in the House amendments to Senate Bill No. 6174 and asks the House to recede therefrom.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6513 and the pending House striking amendments, deferred March 4, 1996.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Spanel to the scope and object of the amendments by the House of Representatives, the President finds that Substitute Senate Bill No. 6513 is a measure which recognizes the cultural and economic significance of locating the U.S.S. Missouri in Bremerton; acknowledges a multi-million dollar commitment on the part of Kitsap County and the Port of Bremerton; makes a finding that an investment in the Missouri will provide economic benefits to the state of Washington; and declares that the Legislature will act as a partner in securing the Port of Bremerton as a permanent homeport for the Missouri.

"The House amendments identify economic, historical and educational benefits to the state from locating the Missouri in Bremerton; recognizes the role that state ferries will play in providing access to the ship; appropriates three million dollars for the purpose of reimbursing Kitsap County and the Port of Bremerton for construction expenditures relative to the Missouri; and provides a sales and use tax exemption for marine fuel to support passenger only ferry service in order to address increased tourism associated with visitors to the U.S.S. Missouri.

"In addition, Section 4 of the amendment would allow use of all or a portion of the revenue made available by the tax exemption for 'economic development activities,' apparently whether or not such activities may be related to the subject of the bill, the U.S.S. Missouri.

"The President, therefore, finds that the proposed striking amendments, because of the amendatory language in Section 4, do expand the scope and object of the bill and the point of order is well taken."

The House striking amendments to Substitute Senate Bill No. 6513 were ruled out of order.

MOTION

On motion of Senator Spanel, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 6513 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 2828 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Casada, Crouse and Patterson.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Sutherland, the Senate refuses to grant the request of the House for a conference on Engrossed Substitute House Bill No. 2828, insists on its position regarding the Senate amendment(s) and asks the House to concur therein.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2478 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 2478 was returned to second reading and read the second time.

MOTION

Senator Bauer moved that the following amendment by Senators Bauer and Wood be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.15.067 and 1995 1st sp.s. c 9 s 4 are each amended to read as follows:

(1) Tuition fees shall be established under the provisions of this chapter.

(2) Academic year tuition for full-time students at the state's institutions of higher education for the 1995-96 academic year, other than the summer term, shall be as provided in this subsection.

(a) At the University of Washington and Washington State University:

(i) For resident undergraduate students and other resident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, two thousand seven hundred sixty-four dollars;

(ii) For nonresident undergraduate students and other nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eight thousand two hundred sixty-eight dollars;

(iii) For resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, four thousand four hundred ninety dollars;

(iv) For nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eleven thousand six hundred thirty-four dollars;

(v) For resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand four hundred ninety-seven dollars; and

(vi) For nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, nineteen thousand four hundred thirty-one dollars.

(b) At the regional universities and The Evergreen State College:

(i) For resident undergraduate and all other resident students not in graduate study programs, two thousand forty-five dollars;

(ii) For nonresident undergraduate and all other nonresident students not in graduate study programs, seven thousand nine hundred ninety-two dollars;

(iii) For resident graduate students, three thousand four hundred forty-three dollars; and

(iv) For nonresident graduate students, eleven thousand seventy-one dollars.

(i) For resident students, one thousand two hundred twelve dollars; and

(ii) For nonresident students, five thousand one hundred sixty-two dollars and fifty cents.

(3) Academic year tuition for full-time students at the state's institutions of higher education beginning with the 1996-97 academic year, other than the summer term, shall be as provided in this subsection.

(a) At the University of Washington and Washington State University:

(v) For resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand seven hundred ninety-seven dollars; and

(vi) For nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, twenty thousand two hundred nine dollars.

(b) At the regional universities and The Evergreen State College:

(i) For resident undergraduate and all other resident students not in graduate study programs, two thousand one hundred twenty-seven dollars;

(ii) For nonresident undergraduate and all other nonresident students not in graduate study programs, eight thousand three hundred twelve dollars;

(iii) For resident graduate students, three thousand five hundred eighty-one dollars; and

(iv) For nonresident graduate students, eleven thousand five hundred fourteen dollars.

(i) For resident students, one thousand two hundred sixty-one dollars; and

(ii) For nonresident students, five thousand three hundred sixty-nine dollars and fifty cents.

(4) The tuition fees established under this chapter shall not apply to high school students enrolling in community colleges under RCW 28A.600.300 through 28A.600.395.

NEW SECTION. Sec. 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Bauer and Wood to Substitute House Bill No. 2478, under suspension of the rules.

The motion by Senator Bauer carried and the striking amendment was adopted.

MOTIONS

On motion of Senator Bauer, the following title amendment was adopted:

On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "and amending RCW 28B.15.067."

On motion of Senator Bauer, Substitute House Bill No. 2478, as amended by the Senate under suspension of the rules, 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. 2478, as amended by the Senate under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2478, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 3; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Smith, Snyder, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 42.

Voting nay: Senators Fraser, Spanel, West and Zarelli - 4.

Absent: Senators Loveland, Rinehart and Sheldon - 3.

SUBSTITUTE HOUSE BILL NO. 2478, as amended by the Senate under suspension of the rules, 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 Thibaudeau, Senator Pelz was excused.

There being no objection, the President advanced the Senate to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Rasmussen, Gubernatorial Appointment No. 9209, David Schodde, as a member of the Board of Trustees for Green River Community College District No. 10, was confirmed.

APPOINTMENT OF DAVID SCHODDE

The Secretary called the roll. The appointment was confirmed 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, 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 Pelz - 1.

MOTION

On motion of Senator McCaslin, Senator Schow was excused.

MOTION

On motion of Senator Hochstatter, Gubernatorial Appointment No. 9210, Patricia Schrom, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.

APPOINTMENT OF PATRICIA SCHROM

The Secretary called the roll. The appointment was confirmed 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, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Absent: Senator Rinehart - 1.

Excused: Senators Pelz and Schow - 2.

MOTION

On motion of Senator Thibaudeau, Senators Kohl, Loveland and Sheldon were excused.

MOTION

On motion of Senator Rasmussen, Gubernatorial Appointment No. 9258, James P. Dawson, as a member of the Board of Trustees for Pierce Community College District No. 11, was confirmed.

APPOINTMENT OF JAMES P. DAWSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.

Absent: Senator Rinehart - 1.

Excused: Senators Kohl, Loveland, Pelz and Sheldon - 4.

MOTIONS

On motion of Senator Anderson, Senator Zarelli was excused.

On motion of Senator Thibaudeau, Senator Hargrove was excused.

MOTION

On motion of Senator Sellar, Gubernatorial Appointment No. 9264, Fred D. Bertrand, as a member of the Board of Trustees for Wenatchee Community College District No. 15, was confirmed.

APPOINTMENT OF FRED D. BERTRAND

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 44.

Absent: Senators McDonald and West - 2.

Excused: Senators Hargrove, Pelz and Zarelli - 3.

MOTION

On motion of Senator Heavey, Gubernatorial Appointment No. 9211, Paul J. Wysocki, as a member of the Board of Trustees for Seattle, South Seattle and North Seattle Community College District No. 6, was confirmed.

APPOINTMENT OF PAUL J. WYSOCKI

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

Voting yea: Senators Anderson, A., 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, Wojahn and Wood - 45.

Absent: Senators Bauer and Winsley - 2.

Excused: Senators Pelz and Zarelli - 2.

MOTION

On motion of Senator Thibaudeau, Senators Haugen and Rinehart were excused.

MOTION

On motion of Senator Moyer, Gubernatorial Appointment No. 9163, Judith Butler, as a member of the Higher Education Facilities Authority, was confirmed.

APPOINTMENT OF JUDITH BUTLER

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Haugen, Pelz, Rinehart and Zarelli - 4.

MOTION

On motion of Senator Heavey, Gubernatorial Appointment No. 9170, Richard Spangler, as a member of the Work Force Training and Education Coordinating Board, was confirmed.

APPOINTMENT OF RICHARD SPANGLER

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 43.

Absent: Senators McDonald and West - 2.

Excused: Senators Haugen, Pelz, Rinehart and Zarelli - 4.

MOTION

On motion of Senator Fairley, Gubernatorial Appointment No. 9197, Larry B. Ogg, as a member of the Board of Trustees for Shoreline Community College District No. 7, was confirmed.

APPOINTMENT OF LARRY B. OGG

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Haugen, Pelz, Rinehart and Zarelli - 4.

MOTION

On motion of Senator Fairley, Gubernatorial Appointment No. 9205, Shoubee Liaw, as a member of the Board of Trustees for Shoreline Community College District No. 7, was confirmed.

MOTION

On motion of Senator Sellar, Senators Finkbeiner and Hale were excused.

APPOINTMENT OF SHOUBEE LIAW

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 44.

Excused: Senators Finkbeiner, Hale, Haugen, Rinehart and Zarelli - 5.

MOTION

On motion of Senator Strannigan, Gubernatorial Appointment No. 9250, Steve Parker, as a member of the Board of Trustees for Everett Community College District No. 5, was confirmed.

APPOINTMENT OF STEVE PARKER

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley and Wojahn - 41.

Absent: Senators McDonald, West and Wood - 3.

Excused: Senators Finkbeiner, Hale, Haugen, Rinehart and Zarelli - 5.

MOTION

On motion of Senator Bauer, Gubernatorial Appointment No. 9217, James R. Faulstich, as a member of the Higher Education Coordinating Board, was confirmed.

APPOINTMENT OF JAMES R. FAULSTICH

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

Absent: Senators McCaslin and Sellar - 2.

Excused: Senators Finkbeiner, Hale, Haugen and Rinehart - 4.

MOTION

On motion of Senator Quigley, Gubernatorial Appointment No. 9253, Karen Kiessling, as a member of the Board of Pharmacy, was confirmed.

MOTION

On motion of Senator Thibaudeau, Senators Kohl and Smith were excused.

APPOINTMENT OF KAREN KIESSLING

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

Excused: Senators Finkbeiner, Hale, Haugen, Kohl, Rinehart and Smith - 6.

MOTION

On motion of Senator Quigley, Gubernatorial Appointment No. 9254, Suann M. Bond, as a member of the Board of Pharmacy, was confirmed.

APPOINTMENT OF SUANN M. BOND

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.

Excused: Senators Finkbeiner, Hale, Haugen, Rinehart and Smith - 5.

MOTION

On motion of Senator Anderson, Senator McDonald was excused.

MOTION

On motion of Senator Pelz, Gubernatorial Appointment No. 9272, Elizabeth McLaughlin, as a member of the Gambling Commission, was confirmed.

APPOINTMENT OF ELIZABETH McLAUGHLIN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

Absent: Senator Bauer - 1.

Excused: Senators Finkbeiner, Hale, Haugen, McDonald and Rinehart - 5.

MOTION

On motion of Senator Smith, Gubernatorial Appointment No. 9235, Chief Samuel R. Johnston, as a member of the Clemency and Pardons Board, was confirmed.

APPOINTMENT OF CHIEF SAMUEL R. JOHNSTON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Absent: Senators Bauer and Strannigan - 2.

Excused: Senators Finkbeiner, Hale, Haugen, McDonald and Rinehart - 5.

MOTION

On motion of Senator Thibaudeau, Senator Pelz was excused.

MOTION

On motion of Senator Smith, Gubernatorial Appointment No. 9238, Judge Michael Spearman, as a member of the Sentencing and Guidelines Commission, was confirmed.

APPOINTMENT OF JUDGE MICHAEL SPEARMAN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Absent: Senator Strannigan - 1.

Excused: Senators Finkbeiner, Hale, Haugen, McDonald, Pelz and Rinehart - 6.

MOTION

On motion of Senator Fraser, Gubernatorial Appointment No. 9206, Donald V. Rhodes, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.

APPOINTMENT OF DONALD V. RHODES

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Absent: Senator Strannigan - 1.

Excused: Senators Finkbeiner, Hale, Haugen, McDonald, Pelz and Rinehart - 6.

President Pro Tempore Wojahn assumed the Chair.

MOTION

On motion of Senator Prince, Gubernatorial Appointment No. 9269, Erika Hennings, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.

MOTION

On motion of Senator McCaslin, Senator Strannigan was excused.

APPOINTMENT OF ERIKA HENNINGS

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

Absent: Senator Schow - 1.

Excused: Senators Haugen, McDonald, Pelz, Rinehart and Strannigan - 5.

MOTION

On motion of Senator Anderson, Senator Schow was excused.

MOTION

On motion of Senator Heavey, Gubernatorial Appointment No. 9255, Jeff G. Johnson, as a member of the Work Force Training and Education Coordinating Board, was confirmed.

APPOINTMENT OF JEFF G. JOHNSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

Excused: Senators Haugen, McDonald, Pelz, Rinehart, Schow and Strannigan - 6.

Vice President Pro Tempore Franklin assumed the Chair.

MOTION

On motion of Senator Anderson, Senator Finkbeiner was excused.

MOTION

On motion of Senator Heavey, Gubernatorial Appointment No. 9239, Kirstianne Blake, as a member of the Spokane Joint Center for Higher Education, was confirmed.

APPOINTMENT OF KIRSTIANNE BLAKE

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Excused: Senators Finkbeiner, Haugen, McDonald, Pelz, Rinehart, Schow and Strannigan - 7.

MOTION

On motion of Senator Spanel, the Senate reverted to the first order of business.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

March 5, 1996

GA 9223 JUDGE ROBERT W. WINSOR, appointed November 17, 1995, for a term ending September 25, 1998, as a member of the Clemency and Pardons Board.

Reported by Committee on Law and Justice

MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Goings, Haugen, Johnson, Roach, Quigley and Schow.

HOLD.

March 5, 1996

GA 9236 DR. ANITA MENDEZ-PETERSON, appointed November 7, 1995, for a term ending September 25, 1997, as a member of the Clemency and Pardons Board.

Reported by Committee on Law and Justice

MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Goings, Haugen, Johnson, Quigley and Schow.

HOLD.

March 5, 1996

GA 9275 BARBARA COTHERN, appointed February 14, 1996, for a term ending December 31, 2000, as a member of the Public Disclosure Commission.

Reported by Committee on Law and Justice

MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Goings, Haugen, Johnson, Long, Roach, Quigley and Schow.

HOLD.

MOTION

On motion of Senator Spanel, the rules were suspended, Gubernatorial Appointment No. 9223, Robert W. Winsor, as a member of the Clemency and Pardons Board; Gubernatorial Appointment No. 9236, Dr. Anita Mendez-Peterson, as a member of the Clemency and Pardons Board; and Gubernatorial Appointment No. 9275, Barbara Cothern, as a member of the Public Disclosure Commission were advanced to second reading and placed on the second reading calendar.

MOTION

At 4:47 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Wednesday, March 6, 1996.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate